15 Tryon Street, CHATSWOOD NSW 2067.

WARD INSPECTION COMMITTEE

15 Tryon Street, CHATSWOOD NSW 2067. (Ward: West)

15 Tryon Street, CHATSWOOD NSW 2067.DA NO: DA-2015/442

ATTACHMENTS: 1. NOTIFICATION MAP 2. PLANS AND ELEVATIONS

DATE: 1-MAR-2016

RECOMMENDATION: DEFFERED COMMENCEMENT APPROVAL

LOCATION: 15 TRYON STREET, CHATSWOOD NSW 2067.

APPLICANT: MR THOMAS JACOBSEN

OWNER: H MEI AND Z J LING

PROPOSAL: ALTERATIONS AND ADDITIONS TO DWELLING, LANDSCAPING AND ASSOCIATED WORKS.

DATE OF LODGEMENT: 23-OCT-2015

REPORTING OFFICER: ANA VISSARION (DEVELOPMENT PLANNER)

RESPONSIBLE OFFICER: ANNIE LEUNG (TEAM LEADER)

DESCRIPTION OF PROPOSAL

The proposal consists of a two storey extension to the rear of the existing dwelling.The works are proposed to restore the front of the dwelling house and incorporate it into the additions along with the under-croft and ground floor slab already built at rear of the site. The alterations and additions comprise of the following:

Ground Floor Entry, TV room with en-suite, study, laundry/toilet, open plan living area, kitchen and dining, internal staircase, rear deck with swimming pool.

First Floor Three bedrooms (all with en-suites), study, balcony.

Other works include landscaping and a new swimming pool incorporated into the rear deck.

The application is reported to West Ward Councillors as the proposal results in a development exceeding the floor space ratio control by greater than 10%.

Neighbour Notification

The proposal was notified in accordance with the provisions of the WDCP from 2 September to 16 November 2015.


15 Tryon Street, CHATSWOOD NSW 2067. (Cont.) (Ward: West)

Council received submissions on behalf of the two (2) adjoining properties. The main issues of concern raised in the submissions are: privacy, planting, stormwater and inconsistencies in documentation.

The issues raised are further discussed under the heading ‘Neighbour Notification Issues’ in the content of this report.

Existing Building, Relevant History and Site Context

The subject site is located on the eastern side of Tryon Street, Chatswood bounded byJohnson Street to the north and Saywell Street to the south. The site is rectangular in shape with an area of 504sqm, a frontage of approximately 11.6m to Tryon Street and a depth of 44.5m along the southern boundary and consists of two allotments of land formally known as Lot A in DP 917162 and Lot 1 in DP 924343. The site has a minimal slope from the front boundary to the rear boundary with a slight cross fall north.

The house has a garden to the front with a high masonry wall to the street with insets for planters. The garden is heavily overgrown and has a mature Jacaranda. There isa side drive and vehicular crossing to the south.

The site is located within the South Chatswood Heritage Conservation Area. The surrounding area consists of a mix of low to high density residential developments. Chatswood Railway Station is approximately 600m to the north-west. To the north there is a Federation dwelling house with a two storey extensions to the rear, set within well planted gardens. To the south, there is a dwelling house with a two storey addition to the rear.

A development application DA-2009/516 for Alterations and additions to existing dwelling including new carport and first floor addition was approved by Council on 21 December 2009. A Construction Certificate was issued in December 2010 and most of the original single storey 1900’s cottage on site was demolished, except for the front part comprising of two rooms and front verandah. This front part of the Federation house on site is in poor condition. The current proposal intends to restore and incorporate this front part into the altered dwelling house.

An under-croft has been constructed behind the front façade, but the under-croft was built differently to the approved plans of DA 2009/516 consent. This unauthorised structure received a Certification from Acor Consultants in 2014 and Pennoscan was commissioned by the owners to conduct scans at various locations of the concrete slab and block walls.

Controls and Classification

i) WLEP 2012: Zone R2 - Low Density Residentialii) Conservation Area: Yes, South Chatswood HCAiii) Applicable DCP (SEPPs, REPs): Deemed SEPP Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005; SEPP55; WDCPiv) Other Relevant Policies (Council Resolutions, Draft DCPs): n/av) BCA Classification: Class 1 vi) Developer’s Contribution Plans:

a. S94A: Yesb. Applicable rate (%): 1%c. The cost of development: $1,251,912.00d. Date of accepted cost of development: 29 October 2015



e. The total contribution payable (subject to Building Price Indexing (Enterprise Bargaining Agreement)): $12,519.12

Development Statistics

Proposed Standard Compliance

Site Area 504m2

Gross Floor Area 269m2 201.6m2 n/a

Floor Space RatioWLEP 2012 0.53:1

(33.43% abovecontrol)

0.4:1 No(Clause 4.6submitted)

HeightWLEP2012 & South Chatswood HCA

7.5m 8.0m Yes

No of storeys (South Chatswood HCA)

2 (2nd appears under the roof form

as seen from streetscape)

1 (2nd storey within roof forms

acceptable)

Yes, acceptable

Ridge height(South Chatswood HCA)

6.3m(ridge RL102.49,

floor level RL96.18)

6-6.5m from floor level

Yes

Setbacksnorth

south1m-1.5m

1.9m0.9-1.5m

0.9mand consistent

with established pattern

Yes

Natural Landscaped Area

227.65m2

Front landscape –well vegetated and unchanged in size

182m2

(36.1%)Yes

Private open space 141m²+ 90m²+ Yes

Car Spaces 2 2 Yes

BASIX Certificate provided required Yes

Compliance with Plans or Policies

The proposal meets the principal development standard in Clause 4.3 (Height of buildings) of the WLEP 2012. However, the proposal exceed the FSR standard and a written exceptions pursuant to Clause 4.6 has been made requesting variation to the Floor Space Ratio



standard in Clause 4.4 in WLEP 2012. In this instance, the proposed variation is less than the one previously approved with DA-2009/516 (FSR 0.62:1, equivalent of 313.7m²) and it is considered to have sufficient planning merit and justification as the objectives of the planning standard are met. Further details can be found under the “Assessment” section below and in this particular case the variation is suported.

Referrals

Council’s Heritage Architect reviewed the plans and made the following comments:“The subject site is located within the South Chatswood Conservation Area. The background to the application was that it was subject of a previous development application for extensive alterations and additions (DA 2009/516) approved in 2009. Construction of the works continued but were stopped when part of the construction was found not to be in accordance with the approved application. Revised drawings have been submitted by a new architect and heritage assessment which follows relates to the revised design. The subject dwelling, of original Federation style, has been largely demolished with only the two front rooms and verandah remaining, with a concrete slab to the rear, and basement which was constructed in anticipation of construction under previous consent. The dwelling is constructed of painted brickwork, with a hipped slate roof with a small timber verandah, with a garden to the front with a high masonry wall to Tryon Street with insets for planters, with a driveway to the south.

The new works to the rear are generally hidden behind the new transverse ridge line and therefore will not be directly visible from Tryon Street. It will, however be partially visible in views from the northern across No. 66 Johnson Street (see Condition below). The new windows and doors to the “traditional” addition to the house are to be detailed in a sympathetic manner, and the walls to be rendered with timber shingle. The bulk, scale, materials and detailing of the contemporary 2 storey addition, given that they are generally concealed behind the existing dwelling and new traditional, side facing gables, are considered to have an acceptable heritage impact.”

Council’s Landscape Officer noted that several large locally indigenous trees are located on adjoining properties. Conditions have been included to provide protection of these trees during works as well as planting of and additional two (2) new trees.

Council’s Building Surveyor raised no objection, subject to obtaining a Building Certificate for the under-croft and the ground floor slab:

“A search of Council records has revealed that an undercroft and ground floor slab on the subject property has been erected not in accordance with development consent 2009/516. To facilitate the construction of further work it is recommended that adeferred commencement condition is imposed.”

Council’s Engineer raised no objection, subject to conditions and made the following comments:

“With regard to vehicular access and parking arrangement, a site inspection revealed that the existing crossing is in a reasonable but not perfect condition. Due to close proximity of the power pole and the alignment of the existing driveway, it is considered unreasonable and impractical to construct a new crossing which is to be 1 metre away from the power pole for a proposed carport structure over the existing parking spaces. In this regard, the reconstruction of the existing crossing is not warranted.”

There were no comments from other Council Departments or State Authorities.



Matters for Consideration Under S.79C EP&A ActSatisfactory Unsatisfactory Not Relevant N/A

(a)(i) The provisions of any environmental planning instrument (EPI) State Environmental Planning Policies (SEPP) Regional Environmental Plans (REP) Local Environmental Plans (LEP)

(a)(ii) The provision of any draft environmental planning instrument (EPI)Draft State Environmental Planning Policies (SEPP) N/ADraft Regional Environmental Plans (REP) N/ADraft Local Environmental Plans (LEP)

(a)(iii) Any development control plansDevelopment control plans (DCPs)

(a)(iv) Any matters prescribed by the regulationsClause 92 EP&A Regulation-Demolition Clause 93 EP&A Regulation-Fire Safety Considerations N/AClause 94 EP&A Regulation-Fire Upgrade of Existing Buildings N/A

(b) The likely impacts of the developmentContext & setting Access, transport & traffic, parking Servicing, loading/unloading N/APublic domain Utilities Heritage Privacy Views Solar Access Water and draining Soils Air & microclimate Flora & fauna N/AWaste Energy Noise & vibration Natural hazards Safety, security crime prevention Social impact in the locality Economic impact in the locality Site design and internal design Construction Cumulative impacts Comment: Consideration of relevant matters can be found below, in the ‘Assessment’ section of this report.

(c) The suitability of the site for the developmentDoes the proposal fit in the locality? Are the site attributes conducive to this development?

(d) Any submissions made in accordance with this Act or the regulationsPublic submissions Submissions from public authorities N/AComment: Matters raised within public submissions and commentary on those matters is summarised below, in the “Neighbour Notification Issues” section of this report.

(e) The public interest



Federal, State and Local Government interests and Community interests

ASSESSMENT

Willoughby Local Environmental Plan 2012 (WLEP 2012)

The subject site is zoned Zone R2 - Low Density Residential under the provisions of WLEP 2012. The proposed works are permissible with Council consent and are assessed to meet the principal development standard in Clause 4.3 (Height of buildings) of the WLEP 2012. However, the works exceed the maximum floor space ratio standard as specified in Clause 4.4(2) (Floor Space Ratio).

Clause 4.6 Exception to development standards of WLEP 2012 provides an appropriate degree of flexibility in applying development standards to particular development and enables Council to grant consent to a development that exceeds a development standard within the environmental plan.

Clause 4.6 Exception to vary the ‘floor space ratio’ development standard

A written exception pursuant to Clause 4.6 has been made requesting variation to the Floor Space Ratio standard.

Extent of variation

The dwelling house is proposing a Floor Space Ratio (FSR) of 0.53:1 (GFA 269m²) which exceeds the development standard of 0.4:1 (GFA 201.6m²) in Clause 4.4(2) of WLEP2012 by 67.4m² or 33.43%.

Applicant’s reasons in support of the variation

Clause 4.6 Exceptions to development standards of WLEP 2012 Subclause (3) reads:

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant addressed in writing both points above and argued that: The variation allows for a better planning outcome, by improving the streetscape and

at the same time the amenity of the dwelling; The bulk and scale will not appear out of character taking into account the context; The proposed FSR (0.5:1) is less than the FSR that was previously approved under

DA-2009/516 which is 0.62:1; The rear extension has a smaller footprint than that approved under DA-2009/516; The setback from the northern boundary is generous and the upper floor recessed

from the northern boundary to provide privacy, articulation and to reduce the bulk and scale;

The proposed additions are contemporary in form and improve the appearance of the dwelling; and



The amenity of adjoining sites is preserved.

Considerations of the variation to the standard

The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the R2 Zone in which the development is proposed to be carried out, as follows:

The objectives of the floor space ratio development standard are listed under Clause 4.4(1) of WLEP2012, and the reasonableness or necessity for compliance with the development standard has been assessed and considered to be met as outlined below:

The proposal is decreasing the FSR when compared with the approved by DA 2009/516. The proposed rear additions are on the existing slab and under-croft, setback off the existing slab to allow for a 1m setback from the northern boundary. The total impervious areas for the site are approx. 54.6%. Therefore the proposal remains within the environmental capacity of the land.

The development will not generate disruption of views and, subject to conditions it will have acceptable impacts in terms of privacy, overshadowing or visual intrusion onadjoining properties.

The bulk and scale of the dwelling house is comparable with the bulk and scale of other dwellings in the locality and suits the land use.

The objectives for development within the R2 Low Density Residential are listed under Land Use Table Zone R2 of WLEP2012, and the reasonableness or necessity for compliance with the objectives in which the development has been assessed and considered to be met as outlined below:

The bulk and design of the house remains compatible with the scale and character of the surrounding residential development.

Subject to conditions, the proposal retains the privacy, sunlight and acoustic amenity of surrounding properties.

The proposal maintains the front façade and restores the appearance of the dwelling as perceived from the streetscape, and as such it retains the contribution the dwelling makes to the South Chatswood Heritage Conservation Area.

Sufficient environmental planning grounds exist to vary the floor space ratio development standard, as described below:

The FSR is decreased with this application when compared with approved DA 2009/516;

The bulk and scale of the building is acceptable in the local context; and The development will generate minimal acceptable impacts on adjoining neighbours.

Recommendations for the Clause 4.6 Exception

Clause 4.6 Exceptions to development standards of WLEP 2012 has the following objectives:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.



The Clause 4.6 exemption demonstrates that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard.

In the circumstances of the case, the variation to the FSR development standard satisfies the objectives of the standard and of the zone. Pursuant to Subclause (2) in Clause 4.6 of WLEP 2012, consent may be granted even though the development contravenes the development standard imposed by the environmental planning instrument.

The site is not a heritage item, however, it is located within the South Chatswood Heritage Conservation Area pursuant to Schedule 5 Part 2 of WLEP 2012. The works are assessed to meet Clause 1.2 that states that the aim of the WLEP 2012 is:

(i) to conserve items of environmental and cultural heritage and to retain the character of heritage conservation areas.

The applicant has submitted a Statement of Heritage Impact prepared by John Oultram Heritage & Design in support of the proposal. The proposed alterations are not considered to have an adverse heritage impact given the location of the site and the mixture of architectural styles both on Tryon and Johnson Streets.

Council’s Heritage Architect reviewed the proposal and concluded that the works have regard to Clause 5.10 and are acceptable from a heritage point of view.

Willoughby Development Control Plan (WDCP)

The front section of the house will be conserved and specific elements of the dwelling that are relevant to the South Chatswood Heritage Conservation Area are proposed to be reinstated and original fabric repaired.

The rear additions are contemporary in design, with vertical timber cladding and a flat roof set at the height of the roof ridge. The rear extension is set to a smaller footprint than that approved under DA-2009/516. The front section of the house will have a cross gable in face brick, render and timber shingles. The roof to the cross gable will be in slate to match the existing roof. The existing rear under croft area is proposed to be retained and incorporated into the design of the additions. However, this space does not qualify as a habitable area as it does not have proper windows (light and ventilation).

The rear extension is two storeys, with the upper floor recessed approx. 1m from the northern boundary to provide privacy, articulation and to reduce the bulk and scale.The windows along the southern and northern facades will be frosted or provided with louvres to maintain visual privacy for adjoining properties. The upper balconies along the northern façade will also be provided with louvres. The remainder of the northern part of the concrete slab will accommodate planter boxes. The southern side setback and rear setback of the existing slab are within the footprint approved as part of DA-2009/516.

The front and rear gardens are proposed to be landscaped. The Jacaranda at the front of the site is proposed to be retained. Screen planting will also be provided along the northern and southern boundaries to maintain amenity and privacy.

Neighbour Notification Issues:

Matters raised within public submissions and commentary on those matters is summarised below:

The “balcony to the north” might invade the privacy of the adjoining northern property.



CommentTo maintain privacy, the first floor balconies are setback over 1.5m and 4m from the northern boundary, the windows are provided with louvres and have planters for the entire length. The balconies are accessed strictly from bedroom areas and are less than 1m in width, and as such these outdoor areas are not expected to be highly utilised. Taking into account all these measures, the balconies are not considered to unreasonable invade the privacy of the adjoining northern neighbour and are acceptable.

The Star Jasmine proposed along the northern boundary will affect the integrity of the fence and is not growing high enough to ensure privacy to the northern neighbour.

CommentA condition of consent will require that the Star Jasmine proposed along the northern boundary is replaced with a species of Murraya paniculata-Murray, Orange Jessamine able to grow to a maximum height of 3m to 4m at maturity. The landscaping will complement the other privacy measures implemented by the applicant as the height will prevent looking down into the adjoining property without blocking views of the outlook.

The development will remove a macadamia tree without proper replacement.

CommentCouncil’s Landscape Officer reviewed the plans proposed and recommended conditions, including a condition that will require plating of a minimum of two (2) trees, with a minimum container size of 25 litres and with the potential to attain a minimum height of 5 metres and minimum crown spread of 3 metres at maturity.

The front fence exists on site and ensures privacy also for the adjoining neighbour at 13 Tryon Street and should not be altered.

CommentNo works are proposed to the front fence.

Taking into account the existing incomplete works on site, the proposal should ensure that stormwater does not flow into the adjoining property at no 13 Tryon Street.

CommentNoted. Council’s Engineer reviewed the plans submitted and the documentation, including the stormwater and recommended a set of conditions that were incorporated into the conditions of consent.

Moreover, a review by Council’s Building Surveyor of the submitted plans and details has revealed that no retaining walls to alter ground levels are proposed and as a result it is unlikely that the current fall to the south eastern corner will be significantly altered. Any surface water that enters the property is likely to follow similar paths. It is acknowledged that the under croft structure would divert water but a similar diversion would also take place with the construction of a wall for a dwelling. The landscaping along the boundary will assist in absorption of surface and ground water. In respect of water collected in the under croft, a pump out system is proposed to drain all collected waters.

To ensure the applicant is aware of any potential impacts from surface stormwater a Prior to Occupation condition is recommended:

Surface water runoff shall be directed away from neighbouring properties and disposed of to the satisfaction of the Certifying Authority. Further, finished ground



levels external to the dwelling are not to be raised and are to match existing natural ground levels.

The appearance of vertical panneling is not in keeping with the streetscape and the heritage context.

CommentThe application Council’s Heritage Architect reviewed the application and concluded that the works are generally acceptable from a heritage viewpoint. In regard to the vertical panelling, the applicant argued that rain-water might infiltrate and

“Vertical timber is a contemporary take on traditional cladding & is acceptable under the DCP & is only applied to the new structure & cannot be seen directly from any street views. Therefore no loss to the surrounding area. Tryon Street & Johnson Street has a mixture of architectural styles as outlined in both the Heritage report & SEE. The cladding is of a subtle nature & will blend in & be complementary to the surrounding landscape & architecture”

Council’s Heritage Architect agreed: I concur with the justification submitted by the architect that vertical panelling for the new addition will not have an adverse heritage impact (given that it is located in the new addition only and vertical cladding is used in the front traditionally designed gable end visible from the primary street frontage of Tryon Rd).

As such, from a heritage point of view, the vertical panelling is acceptable.

The development contains a number of errors or inconsistencies, for example “the stairs to the basement will be removed while the drawings show a spiral staircase leading down”.

CommentThe application and the survey contain a number of inconsistencies, but these errors do not warrant refusal of the application. Correspondence dated 8 December 2015 to Council provided clarification to a number of issues including the new staircase. The applicant justifies that the new spiral staircase is needed for access and for structural integrity of the building.

CONCLUSION

The proposed development has been assessed in accordance with the provisions of Section 79(C) of the Environmental Planning & Assessment Act, WLEP 2012, WDCP and other relevant codes and policies and is found to be acceptable.

Contextually, the proposal responds well to the character of the surroundings and to the specifics of the site. The proposed alterations and substantial additions to the dwelling haveregard for the heritage significance of the context and are proposing to improve the amenity of the dwelling on the site without generating unacceptable impacts on the adjoining properties.

The plans indicate the already built under-croft and the ground floor slab. As a DA cannot approve retrospective works, a Building Certificate is required for the unauthorised works before consent can be granted for the proposed additions. The proposal is therefore recommended for deferred commencement approval, subject to conditions.



OFFICER'S RECOMMENDATION

1. That Council supports the submitted Clause 4.6 variation to the ‘Floor Space Ratio’ development standard contained in Clause 4.4 of WLEP2012 for the following reasons:

(a) The areas of non-compliance will not cause detrimental impacts on theneighbouring properties on the streetscape, the immediate locality or foreshore;

(b) The proposal meets the objectives of the development standard; and

(c) The proposal maintains the scale and heritage character of South Chatswood Conservation Area and meets the objectives of the zone.

2. That the application be approved and delegated authority be granted to the General Manager to issue the "Deferred Commencement" consent notice subject to the attached conditions in Schedule 1 and Schedule 2.



SCHEDULE 1

Deferred Commencement Conditions: (Including reasons for such conditions)

In accordance with Section 80(3) of the Act this consent will not operate until the applicant has provided information to the satisfaction of the Council that the following conditions can be complied with. Upon receipt of written information from the applicant in relation to the conditions in this schedule the Council will advise in writing whether the information is satisfactory and, if so, will nominate the effective date for the commencement of this consent.

In accordance with Clause 95(3) of the Regulation, a twelve (12) month period is given from the date of the ‘deferred commencement’ notice to lodge plans and evidence that satisfactorily address the required amendments/detail. If not, then the ‘deferred commencement’ will lapse and a new development application will be required.(Reason: Ensure compliance)

1. The applicant shall obtain a Building Certificate for the under-croft and ground floor slab and any unauthorised works that have been carried out at the site without consent.(Reason: Ensure compliance and safety)



SCHEDULE 2

Conditions of Consent that apply when consent commences to operate: (Including reasons for such conditions)

CONSENT IDENTIFICATION

The following condition provides information on what forms part of the Consent.

1. Approved Plan/Details

The development must be in accordance with the following plans:

Type Plan No. Revision/ Issue

No

Plan Date (as

Amended)

Date Stamped by

Council

Prepared by

Arch. 01428 (elevations),

01496, 01416,

01495, 01516b

(FSR & POS),

01558A (finishes)

All job 0032

E - 23 Oct 2015 Thomas Jacobsen

Arch. 01497, 01428

(existing floor plan)

All job 0032

A - 23 Oct 2015 Thomas Jacobsen

Arch. 01536, 015367,

01417,

All job 0032

C - 23 Oct 2015 Thomas Jacobsen

Land. 01418,

Job 0032

C - 23 Oct 2015 Thomas Jacobsen

Eng. C1.01, C1.02,

C2.01

all Project

SY140277

Mar 2015 23 Oct 2015 ACOR

Consultants Pty

Ltd

the application form and any other supporting documentation submitted as part of the application, except for:

a) any modifications which are “Exempt Development” as defined under S76(2) of the Environmental Planning and Assessment Act 1979;

b) otherwise provided by the conditions of this consent.(Reason: Information and ensure compliance)



PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a construction certificate.

2. Section 94A Contributions

A monetary contribution of $12,519.12 (subject to indexing as outlined below) is to be paid in accordance with Section 94A of the Environmental Planning and Assessment Act, 1979.

This contribution is based on 1% of the estimated development cost of $1,251,912.00 at 29 October 2015 and the adopted Section 94A Contributions Plan.

To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Building Price Index (Enterprise Bargaining Agreement) [BPI(EBA)] between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan.

To calculate the indexed levy, the formula used to determine the cash contribution is set out below.

NL = $Lo + $Lo x [current index – base index] base indexWhere:

NL is the new section 94A levy

Lo is the original levy

Current index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works available at the time of review of the contribution rate

Base index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works at the date of the proposed cost of development as above

In the event that the current BPI(EBA) is less than the previous BPI(EBA), the current BPI(EBA) shall be taken as not less than the previous BPI(EBA).

Prior to payment Council can provide the value of the indexed levy.

Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au(Reason: Statutory requirement)



3. Amendments

The proposal is to be amended in the following manner:

(a) The Star Jasmine Trachelospemum Jasminoides proposed along the northern boundary shall be replaced with Murraya paniculata-Murray, Orange Jessamine, able to grow to a maximum height of 3m to 4m at maturity. If the southern neighbour agrees in writing, the remainder of the Star Jasmine Trachelospemum Jasminoides can also be replaced with the Orange Jessamine. New landscaping on site shall be planted, mulched, watered and maintained according to industry best practice.

Plans detailing these amendments are required to be shown on the Construction Certificate plans.(Reason: Ensure compliance)

4. Sydney Water ‘Tap In’

The approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met.

An approval receipt will need to be obtained prior to release of the Construction Certificate.(Reason: Ensure compliance)

5. External Finishes – Heritage Character

All external building material shall be in colours and textures, which are compatible with the heritage character of the locality. In this regard the Schedule of Colours and Finishes submitted with the application satisfies this requirement. Vertical cladding is to be used in the front traditionally designed gable end visible from the primary street frontage of Tryon Rd.(Reason: Visual amenity)

6. Heritage – Timber Windows

Timber windows or wide-framed powder-coat aluminium windows reflecting the proportions of timber windows are to be used to the front and side elevations. Details are to be submitted to and approved by the Accredited Certifier.(Reason: Heritage conservation)

7. Damage Deposit

The applicant shall lodge a Damage Deposit of $3,800 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $100 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit.(Reason: Protection of public asset)



8. Tree Management Plan

Submit to the accredited certifier a Tree Management Plan drawing for approval prior to issue of a construction certificate. Tree Management Plan drawing shall address tree protection and management of all trees on adjoining properties in accordance with AS 4970-2009 ‘Protection of trees on development sites’ and clearly mark tree protection zones as well as tree protection measures and fencing.(Reason: Tree protection)

PRIOR TO COMMENCEMENT

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site.

9. Licensee Details

The name, address and contractor licence number of the licensee who has contracted to carry out the work or the name and permit number of the owner-builder who intends to carry out the work shall be furnished in writing to the Certifying Authority.NB: Should changes be made for the carrying out of the work the Certifying Authority must be immediately informed.(Reason: Information)

10. Report Existing Damages on Council’s Property

Prior to commencement of any works on site, the applicant shall notify Council in writing with digital photographs of any existing damages to Council’s assets fronting the property and the immediate adjoining properties. Failure to do so will result in the applicant being liable for any construction related damages to these assets. In this respect, the damage deposit lodged by the applicant may be used by Council to repair such damages.(Reasons: Protection of Council’s Infrastructure)

11. Permits and Approvals Required

Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:-

a) Permit to erect Builder's hoarding where buildings are to be erected or demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.

b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval.



It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.

c) Permit to open public roads, including footpaths, nature strip, vehicular crossing or for any purpose whatsoever. All applications are to include current fees.

d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).

e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).

f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.

g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.

(Reason: Legal requirements)

DURING DEMOLITION, EXCAVATION AND CONSTRUCTION

The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction.

12. Hours of Work

All construction/demolition work relating to this Development Consent within the City, unless varied by an Out of Hours Work Permit, must be carried out only between the hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays.

An application for an Out of Hours Work Permit to allow variation to these approved hours must be lodged with Council at least 48 hours prior to the proposed commencement of the work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and must be accompanied by the required fee. One (1) permit is required for each variation to the approved working hours within any 24 hour period.

If a variation to these approved hours for multiple or extended periods is sought, an application under Section 96 of the Environmental Planning and Assessment Act 1979 must be lodged with Council at least twenty-one (21) days in advance of the proposed changes to the hours of work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and be accompanied by the required fee. Note: This S96 application may require re-notification in some circumstances.(Reason: Ensure compliance and amenity)



13. Construction Information Sign

A clearly visible all weather sign is required to be erected in a prominent position on the site detailing:

(a) that unauthorised entry to the work site is prohibited;(b) the excavator’s and / or the demolisher’s and / or the builder's name;(c) contact phone number/after hours emergency number;(d) licence number;(e) approved hours of site work; and(f) name, address and contact phone number of the Certifying Authority (if other

than Council)

ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED.

Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building.(Reason: Ensure compliance)

14. Building Site Fencing

Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control.

Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place and be maintained throughout construction.(Reason: Safety)

15. Provide Erosion and Sediment Control

Erosion and sediment control devices shall be provided whilst work is being carried out in order to prevent sediment and silt from site works (including demolition and/or excavation) being conveyed by stormwater into Council’s stormwater system natural watercourses, bushland and neighbouring properties.

In this regard, all stormwater discharge from the site shall meet the requirements of the Protection of Environment Operations Act 1997 and the Department of Environment, Climate Change and Water guidelines.

The control devices are to be maintained in a serviceable condition AT ALL TIMES.(Reason: Environmental protection)



16. Demolition Work AS 2601

Demolition works being carried out in accordance with the requirements of AS 2601 "The demolition of structures".(Reason: Safety)

17. Asbestos Sign to be Erected

On sites involving demolition or alterations and additions to building where asbestos cement is being repaired, removed or disposed of a standard commercially manufactured sign not less than 400mm x 300mm containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” is to be erected in a prominent visible position on the site. The sign is to be erected prior to the commencement of works and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility.(Reason: Public Health and safety/Ensure compliance)

18. Neighbour Notification of Asbestos Removal

The applicant/builder is to notify the adjoining residents five working days prior to demolition works involving removal of asbestos. Such notification is to be clearly written, giving the date work will commence, Work Cover NSW phone number 131 050, Councils phone number 9777 1000.

This notification is to be placed in the letterbox of every property (including every residential flat or unit) either side and immediately at the rear of the site.(Reason: Public health)

19. Asbestos Removal

Works involving the removal of asbestos must comply with Councils Policy on handling and disposal of asbestos, and must also comply with the Code of Practice for Safe Removal of Asbestos (National Occupational Health and Safety Commission 2012 (1994).

Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS 2601 – The Demolition of Structures.(Reason: Public health and safety/Ensure compliance)

20. Asbestos Disposal

All asbestos laden waste, including bonded or friable asbestos must be disposed of at a waste disposal site approved by the NSW Department of Environment, Climate Change and Water.

Upon completion of the asbestos removal and disposal the applicant must furnish the Certifying Authority with a copy of all receipts issued by the waste disposal site as evidence of proper disposal.(Reason: Environmental protection/Public health and safety)



21. Survey Certificate

Certification of the following shall be submitted to the Certifying Authority by a registered surveyor:

a) Prior to the construction of footings or first completed floor slab (i.e. prior to pouring of concrete) showing the area of the land, building under construction and boundary setbacks;

b) Upon completion of the roof framing, before the roofing is laid, indicating the ridge height to Australian Height Datum;

c) At completion indicating the relation of the building and any projections to the boundaries, and that the building has been erected to the levels approved in the Development Application.

(Reason: Ensure compliance)

22. Road and Footpath

Council's footpath, nature strip or roadway not being damaged and shall be kept clear at all times.(Reason: Maintain public safety)

23. No Storage on Foot/Roadway

Building materials, plant and equipment and builder’s waste, are not to be placed or stored at any time on Council’s footpath, nature strip or roadway adjacent to building sites unless prior written approval has been granted by Council.(Reason: Safety)

24. Skips and Bins

Rubbish skips or bins are not to be placed on Council’s footpath, nature strip or roadway unless prior written approval has been granted by Council.(Reason: Safety)

25. Excavations and Backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely, and must be properly guarded and protected to prevent them from being dangerous to life or property.(Reason: Safety)

26. Temporary Toilet Facilities

Temporary toilet facilities shall be provided to the satisfaction of the Certifying Authority.

The provision of toilet facilities must be completed before any other work is commenced on site. NOTE: Portable toilet facilities are not permitted to be placed on public areas without prior approval having been obtained from Council.(Reason: Health and amenity)



27. Swimming Pool Safety During Construction

The swimming pool is to be made safe during the construction of the dwelling, by the erection of a temporary safety fence to the satisfaction of the accredited certifier. The pool is not to be filled with water until the dwelling is completed and occupied and a child resistant barrier erected in accordance with the regulations prescribed in the Swimming Pool Act 1992.(Reason: Safety)

28. Sweep & Clean Pavement

Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council.(Reason: Legal requirement)

29. Street Signs

The applicant is responsible for the protection of all regulatory / parking / street signs fronting the property. Any damaged or missing street signs as a consequence of the development and associated construction works are to be replaced at full cost to the applicant.(Reason: Protection of public assets)

30. Tree Protection

i) Retain and protect the following trees and vegetation throughout the demolition and construction period: a. All trees not indicated for removal on the approved plans, unless exempt

in Willoughby LGA. b. All trees on adjoining properties

ii) The above trees must be clearly marked and protection devices in place to prevent soil compaction and machinery damage.

iii) Tree roots greater than 50mm diameter are not to be removed unless approved by a qualified arborist on site. All structures are to bridge roots unless directed by a qualified arborist on site.

iv) Tree protection measures must comply with the AS 4970-2009 Protection of trees on development sites.

(Reason: Tree management)

31. Storage of Materials on Council Land Prohibited

The dumping or storage of building materials, spoil, vegetation, green waste, or any other material in the Council reserve is prohibited.(Reason: Safety, environmental protection)



PRIOR TO OCCUPATION OF THE DEVELOPMENT

The following conditions of consent must be complied with prior to the issue of an occupation certificate.

32. Surface Water Runoff

Surface water runoff shall be directed away from neighbouring properties and disposed of to the satisfaction of the Certifying Authority. Further, finished ground levels external to the dwelling are not to be raised and are to match existing natural ground levels. (Reason: Health and amenity)

33. Automatic Fire Detection

Provision of an automatic fire detection and alarm system complying with Part 3.7.2 of the Housing Provisions or smoke alarms complying with AS 3786 or listed in the SSL Register of Accredited Products, connected to the mains electricity and having a stand by power supply. Smoke alarms must be interconnected and installed in a class 1 building on or near the ceiling in:

a) any storey containing bedrooms

i) between each part of the dwelling containing bedrooms and the remainder of the dwelling.

ii) where the bedrooms are served by a hallway, in the hallway.

b) any other storey not containing bedrooms.

(Reason: Safety)

34. Swimming Pool - Access

Access to the swimming pool shall be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992.

a) The pool shall not be filled with water, or be allowed to collect stormwater, until the installation of the child resistant barrier is completed to the Certifying Authority’s satisfaction.

b) The barrier is to conform to the requirements of AS 1926 –Part 1 – “Safety Barriers for Swimming Pools”Part 2 – “Location of Safety Barriers for Swimming Pools”

(Reason: Safety)

35. Swimming Pool Notice

The owner of the pool shall display a notice showing:

(a) Appropriate instructions of artificial resuscitation methods.(b) A warning stating "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN

USING THIS POOL"NB: This notice shall be kept in a legible condition and at the pool side.

(Reason: Safety)



36. Emitted Noise

The noise emitted by the

(a) Swimming pool pump and filter

equipment shall be not more than 5dBA above the ambient background noise level measured at the boundaries in accordance with the current Environment Protection Authority (EPA) guidelines for noise assessment. The equipment is not to operate between 8pm to 7am weekdays and 8pm to 8am on weekends and public holidays. A time switch is to be installed on the power source for the above equipment to ensure that the non-permitted hours are observed.(Reason: Amenity)

37. Swimming Pool Backwash and/or Overflow

Swimming pool backwash and/or overflow are to be discharged to the sewer by permanent piping and the works shall be in accordance with the requirements of Sydney Water.(Reason: Health and amenity)

38. Surface Water Runoff

Surface water runoff from paved areas shall be directed away from neighbouring properties and disposed of to the satisfaction of the Certifying Authority.(Reason: Health and amenity)

39. BASIX Certificate

A completion certificate is to be submitted to the Certifying Authority demonstrating the manner in which the measures committed to in the latest BASIX Certificate have been satisfied.(Reason: Environmental sustainability)

40. Swimming Pool Registration

The Swimming Pool must be registered on the NSW Swimming Pool Register when it is capable of holding water and before the issue of an Occupation Certificate. The swimming pool is to be registered at www.swimmingpoolregister.nsw.gov.au or in person at Willoughby City Council (Fee applies when registering at Council)(Reason Statutory Compliance)

41. Registration of Plan of Consolidation

All individual allotments involved in the development site (Lot A in DP 917162 and Lot 1 in DP 924343) being consolidated into a single allotment and evidence of the registration of the plan of consolidation with NSW Land and Property Information (LPI) office to be submitted to Council.(Reason: Ensure compliance)



42. Painted Finishes in Conservation Area

All painted finishes are to be neutral, recessive colours appropriate to the character of the conservation area.(Reason: Visual amenity)

43. Open Timber Deck

The proposed timber deck must not be roofed. The timber floor decking must be open spaced and apart from the piers below the floor decking the entire surface area under the deck is to be left unsealed so that stormwater is able to permeate into this area.(Reason: Stormwater adsorption)

44. Rainwater Re-use – Minor

The applicant shall supply and install rainwater re-use tanks with a minimum storage volume of 3 m3 in accordance with Sydney Water’s requirements and Council’s DCP and Technical Standards. The rainwater reuse tank system shall be connected to supply non-potable use including landscape irrigation and car washing. The rainwater tank shall be located behind the front alignment of the building to which the tank is connected.(Reason: Ensure compliance and conserve natural resources)

45. Turfing of Nature Strip

In the event of damages to the grass verge during works, trim the strip of land between the property boundary and the road, spread topsoil on top of the trimmed surface and lay approved turfing on the prepared surfaces. The turf shall be protected from vehicular traffic and kept watered until established.(Reason: Public amenity)

46. Tree Planting

Plant at least an additional 2 trees on the property.

The trees shall:

i. Have a minimum container size of 25 litres and grown to NATSPEC 2 Guide Specifying Trees (2003);

ii. Be flowering species, preferably locally occurring native species;iii. Palms, conifers, fastigiated and columnar trees are not acceptable for the

purposes of complying with this condition;iv. Have the potential to attain a minimum height of 5 metres and minimum crown

spread of 3 metres at maturity;v. Be planted, mulched, watered and maintained according to industry best

practice.(Reason: Landscape amenity)



47. Completion of Landscape WorksThe approved landscape works are to be consistent with the approved design, completed to a professional standard, consistent with industry best practice and published standards.(Reason: Landscape amenity)

ADDITIONAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation.

48. Use of the Dwelling

The dwelling at all times is to be used as a single residential dwelling and must not be used for dual occupancy or multi-occupancy purposes (eg boarding house) without obtaining prior written development consent.(Reason: Ensure compliance)

49. Erection Wholly within the Boundaries

All works (with the exception of any works approved under S138 of the Roads Act 1993) including footings, shall be erected wholly within the boundaries of the property.(Reason: Ensure compliance)

50. Heritage – Maintain Portion of Existing Building

Should any portion of the existing building which is indicated on the approved plans to be retained be damaged, all the works on-site are to cease and written notification given to Council. No work is to resume until the written approval of Council is obtained.(Reason: Heritage conservation and Ensure compliance)

51. Public Infrastructure Restoration

Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to , delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council.(Reason: Protection of public assets)

52. Trees on Adjoining Properties

No approval is given for the removal or pruning of trees on the nature strip, adjoining reserves, or neighbouring private land.(Reason: Environmental protection)



PRESCRIBED CONDITIONS

The following conditions are prescribed by S80A of the Environmental Planning & Assessment Act for developments involving building work.

53. Compliance with National Construction Code

All building works must be carried out in accordance with the performance requirements of the National Construction Code.(Reason: Compliance)

STATUTORY REQUIREMENTS

The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants

54. Construction Certificate Required

This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000.(Reason: Ensure compliance and statutory requirement)

55. Notify Council of Intention to Commence Works

In accordance with the provisions of Clause 81A(2) of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Certifying Authority and give at least 2 days’ notice to Council, in writing, of the persons intention to commence the erection of the building.(Reason: Information and ensure compliance)

56. Occupation Certificate

The building/structure or part thereof shall not be occupied or used until an interimoccupation / final occupation certificate has been issued in respect of the building or part.(Reason: Safety)

15 Tryon Street, CHATSWOOD NSW 2067.

Documents

Transcript of 15 Tryon Street, CHATSWOOD NSW 2067.