6 Byora Crescent, NORTHBRIDGE NSW 2063.

WARD INSPECTION COMMITTEE

6 Byora Crescent, NORTHBRIDGE NSW 2063. (Ward: Sailors Bay)

6 Byora Crescent, NORTHBRIDGE NSW 2063.DA NO: DA-2015/559

ATTACHMENTS: 1. NOTIFICATION MAP 2. PLANS AND ELEVATIONS

DATE: 18-MAY-2016

RECOMMENDATION: APPROVAL

LOCATION: 6 BYORA CRESCENT, NORTHBRIDGE NSW 2063.

APPLICANT: MRS JADRANKA GEHA

OWNER: MRS J GEHA

PROPOSAL: PART DEMOLITION OF EXISTING DWELLING, SUBSTANTIAL ALTERATIONS AND ADDITIONS, NEW SWIMMING POOL AND ASSOCIATED LANDSCAPINGWORKS.

DATE OF LODGEMENT: 22-DEC-2015

VALID APPLICATION DATE: 25-FEB-2016 (AMENDED PLANS SUBMITTED)

REPORTING OFFICER: ANA VISSARION (DEVELOPMENT PLANNER)

RESPONSIBLE OFFICER: ANNIE LEUNG (TEAM LEADER)

DESCRIPTION OF PROPOSAL

The proposal consists of substantial alterations and additions to the existing dwelling.The altered dwelling house will contain:

First Floor (RL 74.28)

Three (3) Bedrooms, bathroom, internal staircase, balcony to rear;

Ground Floor(RL 70.88 and deck at RL 70.78)

Entry, living and dining room, kitchen, two (2)bedrooms, tv room, laundry, bathroom, main deck to rear;

Basement(amended to RL 67.580from RL 67.88)

A rumpus with a kitchenette, study and shower, terrace and pool surrounds to rear.

Other works include: New swimming pool and spa; New lift adjoining the garage; New 1.8m metal palisade front fence to replace existing, setback from front boundary

over 1.57m; and Landscaping works including stepped gardens forward of the front building alignment.


6 Byora Crescent, NORTHBRIDGE NSW 2063. (Cont.) (Ward: Sailors Bay)

The existing under croft is proposed to be replaced with a new Basement Level.

The application is referred to Sailors Bay Ward Committee for determination as the proposal results in a development exceeding both the height and the FSR controls in excess of 10%.

Neighbour Notification

The proposal was notified in accordance with the provisions of the WDCP from 31 December 2015 to 29 January 2016.

Council received submissions from three (3) properties. The main issues of concern raised in the submissions are: potential noise from the plant room, bulk and scale of the dwelling and the size of the pool.

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 site comprises Lot 32 DP 12633, is 1152.7m² in size and is located on the northern side of Byora Crescent. The site is irregularly shaped and extends from Byora Crescent through to Minnamurra Road.

An existing two storey plus undercroft dwelling house is located in the central portion of the site. A detached double garage is located forward to the building line, gaining vehicular access from Byora Crescent. The area around the garage and between the garage and the house is currently mostly paved. The rear of the site falls steeply and consists mostly of rock outcrop. Adjoining the site to the east and west are two-three storey dwelling houses within landscaped settings. Opposite the site on Byora Crescent is Broomham Park.

The proposal was subject of a pre-DA meeting on 30 July 2015. The applicant was advised by Council’s officers to clarify the size of the site and amend the plans and documentation to reflect the controls in the WLEP 2012 and WDCP.



Controls and Classification

i) Willoughby LEP2012 zoning: E4 Environmental Livingii) Conservation Area: Noiii) Applicable DCP (SEPPs, REPs): Deemed SEPP Sydney Regional Environmental

Plan (Sydney Harbour Catchment) 2005; SEPP55; SEPP Building Sustainability Index: BASIX 2004 (The BASIX SEPP); WDCP

iv) Other Relevant Policies (Council Resolutions, Draft DCPs): Planning for Bush Fire Protection 2006

v) BCA Classification: Class 1, 10a and 10bvi) Developer’s Contribution Plans:

a. S94A/s94: Yesb. Applicable rate (%): 1%c. The cost of development: $2,108,124.00d. Date of accepted cost of development: Jan 2016e. The total contribution payable (subject to Building Price Indexing (Enterprise

Bargaining Agreement)): $21,081.24

Development Statistics

Proposed Existing Standard Compliance

Site Area 1152.7m² n/a

Gross Floor Area 391.9m² 307.7m² 311.2m² no

Floor Space Ratio 0.34:1(25.93% above

control)

0.267:1 0.27:1(Clause 4.4(2))

no(Clause 4.6)

Height 9.5m (11.76% above

control)

11m 8.5m(Clause 4.3 of WLEP2012)

no(Clause 4.6)

Setbacks – Front East

West rear

6.8m to garage1.15m to 2.87m1.4m to 2.55m

12.3m

6.8m to garage1.15m1.4m+

consistent0.9m-1.5m+0.9m-1.5m+consistent

yes, existingyes, existing

yesyes

Natural Landscaped Area

599.25m² 512.5m² 599.3m² yes

Private Open Space

>150m² 150m² yes

Car Spaces 2 2 2 yesFront Fence 1.8m palisade,

set back 1.57m+ from front boundary

1.8m Low fencing and walls on the

street frontage/ 1.2m max

Acceptable(*)

Pool Height

& setback

1.3m average above ground

1.1m landscaped

max 1.5m above natural ground

1m setback

yes (**)

yes



Compliance with Plans or Policies

The proposal exceeds the FSR and height development standards. Written exceptions pursuant to Clause 4.6 have been made requesting variation to the Floor Space Ratio standard in Clause 4.4 in WLEP 2012 and to the Exceptions to height of buildings standard in Clause 4.3A in WLEP 2012. The variations are suported in this particular case, noting that:

a) the proposal reduces the height of the main roof ridge by 400mm,b) the proposal reduces the overall height of the dwelling,c) the increase the gross floor area of the building is within the footprint of the existing

building; andd) the new basement level is replacing the existing undercroft.

More details can be found under the Assessment section below.

Other non-compliances:

(*) Front fence: The Locality 3 – Northbridge controls in Part D.1.2.3 of WDCP stipulate for low fencing However, the proposed 1.8m metal palisade fence will replace an existing high fence, will be setback 1.57m to 2m from front boundary and will have dense landscaping in front and behind it. Taking into account the specifics of the site and the proposed design, the new fence is acceptable.

(**) Swimming pool: The amended plans lowered the swimming pool with the new RL of the Pool reduced by 500mm to RL 67.28 to sit at about 1.3m above the existing rock outcrop. Taking into account the fall in ground levels, the external finishes proposed and the fact that the swimming pool now complies with the maximum out-of-ground height in Part D.1.10.3 of WDCP, the proposal is now acceptable.

Referrals

Council’s Building Surveyor, Council’s Landscape Officer and Council’s Engineerraised no objection, subject to conditions.

Matters for Consideration Under S.79C EP&A Act

Satisfactory 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 N/APrivacy Views Solar Access Water and draining Soils Air & microclimate Flora & fauna Waste Energy Noise & vibration Natural hazards Safety, security crime prevention Social impact in the locality N/AEconomic 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 interestFederal, State and Local Government interests and Community interests

Assessment

The subject site is zoned E4 Environmental Living under the provisions of WLEP 2012. The proposed works are classified as alterations and additions to a dwelling house and are permissible with Council consent.

The proposal exceeds the maximum floor space standard as specified in Clause 4.4(2) (Floor Space Ratio) and the maximum Height of buildings standard as specified in Clause 4.3A in WLEP 2012.

A written exception pursuant to Clause 4.6 has been made requesting variation to themaximum Height of buildings standard in Clause 4.3(2) in WLEP 2012

Extent of variation

The proposed dwelling house exceeds the height of building development standard of maximum 8.5m above ground level as shown for the land on the ‘Height of Buildings Map’ by 1m or 11.76%.

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 points above and argued that

Views and solar access are maintained for neighbouring properties. The proposal provides additions generally within the existing roof forms of the

building and will not dominate the streetscape. The proposal will reduce the height of the building as seen from streetscape by

400mm. The reduction in the roof ridge height and the northern extension of Bedroom 1

reduce impacts on neighbours. The proposal is consistent with the desired future character of the area.

Considerations of the variation to the standard

The relevant objectives of the standard are considered to be met by the proposed development as outlined below:

The proposal maintains a single storey appearance when viewed from the street. The development’s non-compliance does not result in unreasonable impacts in terms

of visual bulks, view loss, overshadowing etc. The bulk and scale of the development is compatible with the bulk and scale of

surrounding dwellings, consisting of multi-levels detached dwellings built to complement the steep topography of the land.

The proposed design is of sound quality, taking into account view sharing principles. The majority of the building complies with the height limit and the non-compliance is

limited to the rear, where the land falls steeply. The proposal is in keeping with the desired character of the locality of Northbridge as

described by the character statement contained in Part D.1 of the WDCP, and it respects the natural environmental qualities of the site and the locality that are core to the values of the zone, including the natural topography of the land.

The proposed development is is consistent with the objectives for development within the E4 Environmental Living zone.

The submitted Clause 4.6 Variation request to Clause 4.3 – Height of Building development standard is supported by the assessing officer and, there are sufficient environmental planning grounds to vary the standard as outlined below:

The proposed development lowers the existing building height. The breach of the height standard is mainly due to the steep topography of the land. The proposal is a suitable architectural response, with the bulk and scale comparable

with the bulk and scale of other dwelling houses in the locality. The proposal has acceptable impacts on the amenity of the surrounding properties

and on the foreshore.



The proposal is compatible with the character of the locality.

Based on the above considerations, the proposed variation to the development standard is acceptable and will be in the interest of the public given that the relevant objectives of the zone and of the Height of buildings standard are met by the proposal despite its numerical non-compliance.

A written exception pursuant to Clause 4.6 has been made requesting variation to theFloor Space Ratio standard in WLEP 2012.

Extent of variation

Clause 4.4(2) of the WLEP 2012 reads:

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

The new dwelling house is proposing a FSR of 0.34:1 which exceeds the development standard of 0.27:1 in Clause 4.4(2) of WLEP2012 by 80.7m² or by 25.93%.

Applicant’s reasons in support of the variation

The applicant addressed in writing both points above and argued that:

The proposal for alterations and additions to the single dwelling house does not significantly increase the intensity of the use of site.

The proposal does not perceptibly increase traffic generated by the dwelling house. Views, privacy and solar access for neighbouring properties are maintained. Bulk and scale is not increased because the works are generally within the existing

building envelope. The proposal is consistent with the objectives for developing in E4 Environmental

Living zone.

Considerations of the variation to the standard

The relevant objectives of the standard are considered to be met by the proposed development as outlined below:

The development’s non-compliance does not result in unreasonable impacts in terms of visual bulks, view loss, overshadowing etc.

The additional FSR is mainly located within the existing under-croft area, within the footprint of the building.

The bulk and scale of the development is compatible with the bulk and scale of otherdwellings in the locality.

The proposal is in keeping with the desired character of the Locality 3 – Northbridgein Part D.1.2.3 of WDCP.

The proposed development is consistent with the objectives for development within the E4 Environmental Living zone.

Based on the above considerations, the proposed variation to the development standard is acceptable. In the circumstances of the case, the proposed development will be in the public interest because it is consistent with both the objectives of the Height of buildings and Floor Space Ratio development standards and the objectives for development within the E4 Environmental Living zone. The variations are not considered to raise any matter of regional



and state significance and concurrence of the Minister in approving this variation can be assumed by Council. Pursuant to Subclause (2) in Clause 4.6 of WLEP 2012, consent may “be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument”.

WDCP

Contextually, the proposal responds well to the character of the surroundings, integrates well with the local topography and retains the important environmental qualities of the area. The proposal retains the characteristics of the Northbridge locality and meets Desired Future Character objectives listed in Locality 3 – Northbridge in Part D.1.2.3 of WDCP as it generally:

responds to opportunities and constraints of the site; is compatible in scale, siting, massing and use of external materials with adjoining

developments; retains adequate setbacks from side boundaries to ensure relief between buildings;

and retains significant trees and the visual amenity of the foreshore areas.

The locality stipulates for “Low fencing and walls (including retaining walls) on the street frontage”. A 1.8m metal palisade front fence is proposed to replace an existing similar fence. Terraced landscaping is proposed between the dwelling house and the street frontage. This also includes the removal of existing paved areas and increasing of front landscaped areas. Taking into account the existing height of the fence, that the proposed setback from front boundary is over 1.57m and that dense landscaping is proposed in the front garden, the new fence is acceptable.

In order to comply with WDCP recommendation in regard to swimming pool height, the proposal was amended as follows:

RL of the Pool reduced by 500mm to RL 67.28 RL of the Low Pool Trough is reduced by 600mm to RL 65.980. RL of the Rumpus Room, Pool Terrace and Pool Lawn is reduced by 300mm to RL

67.580.The amended scheme is assessed as acceptable in the context.

Due to location of dwellings on site, the proposal does not impact views to the Harbour obtained from the neighbour properties. The basement area is visible from the foreshore but will be finished in soft tone sandstone to complement the natural surroundings.

In regard to solar access, as the overall height is decreased, the proposal will maintain a reasonable level of solar access to the adjoining properties between 9am and 3pm on 22 June. The proposal comfortably meets solar access controls in Part D.1.12.3 of WLEP.

Subject to conditions, the proposed dwelling will have acceptable impacts on the foreshore and the scenic quality of Sydney Harbour. The subject site benefits from uninterupted views over Middle Harbour, towards Mosman and Seaforth. The dwelling will not affect in an unacceptable way significant views obtained from the site and the surrounding properties. The proposal is consistent with the aims of the Deemed Harbour SEPP - Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 and the objectives of the zone and as such may be carried out with development consent. The matters for consideration set out in Division 2 Part 3 of the deemed SEPP have been considered and the application is consistent with these matters.



Neighbour Notification Issues:

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

The plant room is located only 8m away from the living spaces of 8 Byora Crescent and noise could be very intrusive.

CommentNoted. A condition of consent will limit the noise emitted by the swimming pool pump and filter equipment to 5dBA above the ambient background noise level measured at the boundaries, in accordance with current legislation. To achieve this, appropriate noise barriers are required to be installed.

The neighbour at 1 Dalmeny Road objects to increase in bulk and scale of the development and considers that the non-compliance with swimming pool controls in D.1.10.3 of WDCP avoidable.

CommentThe non-compliance with the height control already exists on site. The proposal is reducingthe ridge height by 400mm. In regard to FSR, the proposal adds a bedroom at First Floor and a new Basement level by excavating the existing under-croft area. The proposal is generally limited within the footprint of the existing building. As the non-compliances will not cause detrimental impact to the natural environment and do not impact the adjoining neighbours in an unacceptable way, the variations to FSR and height are in this case supported.

In regard to the swimming pool, the applicant reconsidered the proposed levels. The amended plans lowered the swimming pool and surrounds by 500mm to RL 67.28. The amended design of the swimming pool complies with the WDCP and will be similar to other swimming pools in the locality. The under croft area is proposed to be finished in neutral, recessive sandstone that complements the natural landscaped surroundings. The swimming pool structure is setback 1.1m from the eastern boundary, with landscaping proposed between the boundary fence and the coping, meeting controls in D.1.10.3 of WDCP.

The vibrations from the excavation of rock can potentially damage the adjoining property at 23 Byora Crescent (“a qualified and competent geotechnical engineer in order to limit the vibration within an acceptable limit and monitor the vibration” and “a dilapidation report” should be required).

CommentNoted. A condition of consent is imposed, requiring rock sawing in preference to rock hammering during the excavation/construction phase of the development (Condition 20). ADilapidation Report is also required: a photographic survey and report of the adjoining properties 8 Byora Crescent, 23 Byora Crescent and 2A Minnamurra Road to be submitted to the Certifying Authority and all owners of these adjoining properties (Condition 9).

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.

Based on the assessment above, the proposed alterations and additions are considered to provide a good architectural response in relation to the opportunities and constraints of the site, noting the special circumstances for variation of the maximum height of buildings and floor space ratio standards of WLEP 2012, being:

the alterations and additions proposed will lower the existing roof ridge height of the dwelling house;



the proposal does not negatively impact the streetscape; the bulk and scale of the development is comparable with the scale of other dwellings

in the locality; and the proposal has regard for the amenity of the adjoining neighbours with respect to

disruption of views, loss of privacy, overshadowing or visual intrusion; and the proposal is enhancing the landscape character of the site.

It is recommended that the application be approved subject to appropriate conditions being included in the consent.

OFFICER’S RECOMMENDATION

1. That Council supports the submitted Clause 4.6 variation to the Height of building development standard contained in Clause 4.3(2) of WLEP 2012 for the following reasons:

o The proposed development lowers the existing height of the building.o The development provides a suitable architectural response with the bulk

and scale of the dwelling house comparable with the bulk and scale of other dwelling houses in the locality.

o The proposal does not impact the amenity of the surrounding properties in an unacceptable way.

o The proposed development is in the public interest because it is consistent with the objectives of the Height of buildings standard and the objectives for development within the E4 Environmental Living zone.

2. That Council supports the submitted Clause 4.6 variation to the Floor space ratio development standard contained in Clause 4.4(2) of WLEP 2012 for the following reasons:

o The non-compliance is limited within the footprint of the existing building and the additional gross floor area is a result of excavating the existing undercroft area.

o The bulk and scale of the proposed development suits the land use purpose and is comparable with the scale of other developments in the locality.

o The proposed development minimises impacts on adjoining or nearby properties in regard to disruption of views, loss of privacy, overshadowing or visual intrusion.

o The proposed development is in the public interest because it is consistent with the objectives of the Floor space ratio standard and the objectives for development within the E4 Environmental Living zone.

3. THAT the application DA-2015/559 for Alterations and additions, new swimming pool and associated landscaping works at 6 Byora Crescent Northbridge NSW 20163 be APPROVED and delegated authority be granted to the General Manager to issue the consent notice subject to the attached conditions.



SCHEDULE

Conditions of Consent: (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 DA01,

DA05,

DA06,

DA07

B 25 Feb 2016 - CORBEN

ARCHITECTS

arch DA00,

DA02,

DA03,

DA04,

DA08,

DA14.

A 21 Dec 2015 22 Dec 2015 CORBEN

ARCHITECTS

landscape L100B B 10 Dec 2015 22 Dec 2015 Spirit level designs 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 $21,081.24 (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 $ $2,108,124.00 at 16 Dec 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. Additional Details and/or Information for Construction Certificate

Any requirements outlined by conditions of this consent requiring changes to be noted on plans and/or information to be submitted including compliance with the National Construction Code are to be incorporated within the Construction Certificate plans and/or documentation.(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. Bushfire Protection

The design and construction of the proposal shall comply with the requirements of the Planning for Bushfire Protection 2006 and Australian Standards 3959-2009. Details of compliance are to be included in plans/specifications prior to the release of the Construction Certificate.(Reason: Safety and protection of property)

6. Damage Deposit

The applicant shall lodge a Damage Deposit of $3800 (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)

7. Stormwater Conveyed to Street Drainage

Stormwater runoff from the site shall be collected and conveyed to the street drainage system in accordance with Council’s specifications. Any new drainage pipe connections to street kerb shall be made using a 125mm x 75mm x 4mm thick galvanised Rectangular Hollow Section (RHS) with a grated drainage pit (min. 600mm x 600mm) provided within the property and adjacent to the boundary prior to discharging to the Council’s drainage system. All drainage works shall comply with the requirements described in Part C.5 of Council’s DCP and Technical Standards. In this regard, full design and construction details showing the method of disposal of surface and roof water from the site shall be shown on the Construction Certificate plans.(Reason: Stormwater control)

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.

8. External Finishes - Colours and Textures

All external building materials shall be in neutral, recessive, non-reflective colours and textures, which harmonise with the colours of the natural landscape, be compatible with the character of the locality and minimise the effects of glare or reflections to the occupants of nearby buildings. In this regard the Schedule of Colours and Finishes submitted with the application satisfies this requirement.

All external glazing on the elevation facing the Harbour, including the glazing used for the pool fencing, must have low reflectivity to ensure that the development will not cause unreasonable glare to the waterways and adjoining properties.



(Reason: Visual amenity)

9. Dilapidation Report of Adjoining Properties

Submit a photographic survey and report of the adjoining properties 8 Byora Crescent, 23 Byora Crescent and 2A Minnamurra Road to the Certifying Authority and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of these properties, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary.

In the event of a property owner refusing to allow access to carry out the photographic survey, the proponent must demonstrate in writing to the Certifying Authority, and provide a copy to Council, that the purpose of the survey was made clear to the property owner and that reasonable attempts to obtain access were made.(Reason: Protection of adjoining owners)

10. Waste Management Plan

A Construction and Demolition Waste Management Plan which provides details of specific strategies to salvage and recycle a minimum of 85% of used and unuseddemolition and construction materials shall be submitted to the Certifying Authority.(Reason: Environment protection/waste reduction)

11. 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)

12. 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)

13. 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.

14. 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)

15. 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)

16. 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)

17. 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)

18. Demolition Work AS 2601

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

19. Suitable Footpath Crossing Provided

Adequate provision is to be made to ensure that a suitable footpath crossing is provided to the site so as to allow safe pedestrian access along the footpath area at all times.(Reason: Protection of public safety)

20. Rock Hammering/Sawing

Having regard to the residential nature of surrounding area rock sawing is to be used in preference to rock hammering during the excavation/construction phase of the development.(Reason: Amenity)

21. 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)

22. 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)

23. 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)

24. 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)

25. Survey Certificate

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

a) 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)

26. 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)

27. 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 buildingsites unless prior written approval has been granted by Council.(Reason: Safety)

28. 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)

29. 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)

30. 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)

31. 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)

32. 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)

PRIOR TO OCCUPATION OF THE DEVELOPMENT

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

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”

c) The metal pool fence shall be finished in colours and textures which blend within the natural landscape. The construction of the fence shall minimise disturbance to the rock outcrop.



(Reason: Visual amenity and 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 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.

If needed, appropriate noise barriers within the plant room should be installed in order to achieve 5dBA above the ambient background noise level measured at the boundaries or less.

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. 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)

38. Roof Stormwater Disposal

Roof stormwater shall be disposed of to Council’s kerb and gutter.(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. Bush Fire Construction

No Occupation Certificate is to be issued until the building works have been constructed in accordance with the appropriate Bush Fire Attack level (BAL) determined by the Bush Fire Assessment Report and/or Consent Conditions.(Reason: Bush fire safety)

41. 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)

42. Swimming Pool – High Level Overflow

High-level overflows from the swimming pool shall be gravity fed and connected to Sydney Water’s sewer via an approved system. The connection must not directly vent the receiving sewer. Upon completion, certification from a licence plumber shall be submitted to the Certifying Authority certify that the connection has been made in accordance with the Sydney Water’s requirements and the current plumbing codes.(Reason: Ensure compliance and prevent nuisance flooding)

43. 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)

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.

44. Single Dwelling Only

The premises is to be used at all times as a single dwelling only and must not be used for dual occupancy or as a boarding house or as a principal or a secondary dwelling (granny flat) without obtaining the prior written development consent.(Reason: Ensure compliance)

45. 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, andb) adequate provision must be made for drainage.

(Reason: Safety)

46. 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)



47. Stormwater Kerb Outlet

New stormwater connection outlets at street kerb shall be made using 125x75x4 galvanised Rectangular Hollow Section (RHS). Where there are multiple outlets required, a minimum distance of 100mm shall separate these outlets. A grated drainage pit (min. 600mm x 600mm) shall be provided within and adjacent to the property boundary prior to discharging to the Council’s drainage system.(Reason: Protection of public asset)

48. Underground Utility Services

Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works.

All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant.(Reason: Protection of utilities)

49. 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)

PRESCRIBED CONDITIONS

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

50. 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)

51. Support for Neighbouring Buildings

(1) If development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on an adjoining property, the person having the benefit of the development consent must, at the person’s own expense:a) protect and support the building, structure or work from possible

damage from the excavation, andb) if necessary, underpin and support the building, structure or work to

prevent any such damage, andc) must, at least 7 days before excavating below the level of the base of

the footings of a building on an adjoining allotment of land, give notice 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.(2) 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 the adjoining allotment of land.

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

(Reason: Safety)

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

52. 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)

53. 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)

54. Occupation Certificate

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

6 Byora Crescent, NORTHBRIDGE NSW 2063.

Documents

Transcript of 6 Byora Crescent, NORTHBRIDGE NSW 2063.