Agenda: Development Control Committee · 2010. 8. 25. · H:\Development Control...

$: Agenda: Development Control Committee · 2010. 8. 25. · H:\Development Control Committee\AGENDAS\2010\aug30-10dccage.doc Outline of Meeting Protocol & Procedure: • The Chairperson$
Agenda: Development Control Committee Date: Monday 30 August 2010 Time: 5.30pm & 8.00pm Session: One & Two Item: D1 to D10 & R1 to R2

H:\Development Control Committee\AGENDAS\2010\aug30-10dccage.doc

Outline of Meeting Protocol & Procedure: • The Chairperson will call the Meeting to order and ask the Committee/Staff to present apologies

or late correspondence. • The Chairperson will commence the Order of Business as shown in the Index to the Agenda. • At the beginning of each item the Chairperson will ask whether a member(s) of the public wish

to address the Committee. • If person(s) wish to address the Committee, they are allowed four (4) minutes in which to do so.

Please direct comments to the issues at hand. • If there are persons representing both sides of a matter (eg applicant/objector), the objector

speaks first. • At the conclusion of the allotted four (4) minutes, the speaker resumes his/her seat and takes no

further part in the debate unless specifically called to do so by the Chairperson. • If there is more than one (1) person wishing to address the Committee from the same side of the

debate, the Chairperson will request that where possible a spokesperson be nominated to represent the parties.

• The Chairperson has the discretion whether to continue to accept speakers from the floor. • After considering any submissions the Committee will debate the matter (if necessary), and

arrive at a recommendation (R items which proceed to Full Council) or a resolution (D items for which the Committee has delegated authority).

Recommendation only to the Full Council or to the Strategic and Corporate Committee (“R” Items) • Specified developments, as may be determined and listed by the Council by resolution

taken from time to time. • Matters which involve broad strategic or policy initiatives within responsibilities of

Committee. • Matters requiring the expenditure of moneys and in respect of which no Council vote

has been made. • Matters not within the specified functions of the Committee. • Matters reserved by individual Councillors in accordance with any Council policy on

"safeguards" and substantive changes. Delegated Authority (“D” Items) To determine all development applications and related applications, which are not required to be determined by the Council under Council’s adopted procedures for the call up of applications except: a) Applications for review of a determination under section 82A of the Environmental

Planning and Assessment Act 1979 (“the Act”) where the DCC determined the original application.

b) Development applications for development on community land which may not be

delegated for determination under section 47E of the LG Act. Committee Membership: 7 Councillors Quorum: The quorum for a committee meeting is 4

Councillors.


WOOLLAHRA MUNICIPAL COUNCIL

Notice of Meeting 23 August 2010 To: His Worship The Mayor, Councillor Andrew Petrie ex-officio

Councillors Isabelle Shapiro (Chair) Lucienne Edelman (Deputy) Nicola Grieve Chris Howe Susan Wynne Malcolm Young Toni Zeltzer

Dear Councillors

Development Control Committee Meeting – 30 August 2010 In accordance with the provisions of the Local Government Act 1993, I request your attendance at a Meeting of the Council’s Development Control Committee to be held in the Committee Room, ground floor level, 536 New South Head, Double Bay, on Monday 30 August 2010 at 5.30pm. Gary James General Manager


Additional Information Relating to Committee Matters

Site Inspection

Other Matters

Woollahra Municipal Council Development Control Committee 30 August 2010


Meeting Agenda Session One – Commencing 5.30pm

Part One of Four Parts Item

Subject

Pages

1 2 3

Leave of Absence and Apologies Late Correspondence Declarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 16 August 2010 1

Site Inspection Items

D2 DA345/2009 – 12 Longworth Avenue, Point Piper – Alterations & additions to existing apartment building including the addition of a new unit & new car parking – 13/7/2009 *See Recommendation Page 3

2-149



Meeting Agenda Session One – Commencing 5.30pm

Part Two of Four Parts Item

Subject

Pages

Other Delegated Items

D3 DA32/2007 Part 4 – 27 Chamberlain Avenue, Rose Bay – Section 96 Application – Proposed modifications internal & external – 21/4/2010 *See Recommendation Page 166

150-167

D4 DA59/2010 – Section of Dover Road footway adjacent to 12 Dover Road, Rose Bay – Footway restaurant consisting of 9 tables & 18 chairs – 19/2/2010 *See Recommendation Page 177

168-186

D5 DA777/2008 Part 10 – 23 Victoria Street, Watsons Bay – Section 96 Application – Proposed external & internal modifications – 14/5/2010 *See Recommendation Page 202

187-205



Meeting Agenda Session Two - Commencing at 8.00pm

Part Three of Four Parts Item

Subject

Pages

D6 DA512/2009 – 338 Oxford Street, Paddington (The Paddington Inn) –

Major alterations to the 1st floor to change existing offices to bar, lounges, open terrace, toilet, internal stairs, lift to all floors, minor alterations to ground floor including repositioning of entrance from William Street, new gas fired air-conditioning condenser (within building), increase in maximum capacity of the hotel from 300 to 820 people (initially proposed at 900 people) – 8/10/2009 *See Recommendation Page 225

206-253

D7 DA527/2009 – 36 Wallis Street, Woollahra – Alterations & additions including a loft addition to the garage, extension to the 1st floor & rear level changes – 19/10/2009 *See Recommendation Page 258

254-334

D8 DA209/2010 – 54 Mona Road, Darling Point – Alterations & additions to existing building including change of use from 5x1 bedroom apartments to 1 dwelling house with addition of balcony, bay window & spa pool with deck to Loftus Road elevation – 7/5/2010 *See Recommendation Page 351

335-408



Meeting Agenda Session Two - Commencing at 8.00pm

Part Four of Four Parts Item

Subject

Pages

D9 Register of Current Land and Environment Court Matters and

Register of Court Proceedings for Building Control, Environmental Control & Health Control *See Recommendation Page 409

409-415

D10 DA281/2008 Part 2 - 9 Military Road, Watsons Bay – Section 96 Application – Proposed modification reinstatement of roof terrace (deletion of Condition No. C.1 (f)) – 11/3/2010 *See Recommendation Page 417 *Note Confidential Report Distributed Under Separate Cover

416-446

Items to be Submitted to the Council for Decision

with Recommendations from this Committee

R1 DA163/2010 - 2 William Street, Double Bay (Steyne Park) – Use of Steyne Park for the Chanukah Festival to be held annually in December from 2010 to 2014 – 19/4/2010 *See Recommendation Page 455

447-474

R2 DA147/2009 – 26 Bundarra Road, Bellevue Hill – Section 82A Review of Refusal – 21/4/2010 *See Recommendation Page 493

475-573


H:\Development Control Committee\AGENDAS\2010\aug30-10dccage.doc 1

Item No: D1 Delegated to Committee Subject: Confirmation of Minutes of Meeting held on 16 August 2010 Author: Les Windle, Manager - Governance File No: See Council Minutes Reason for Report: The Minutes of the Meeting of Monday 16 August 2010 were

previously circulated. In accordance with the guidelines for Committees’ operations it is now necessary for those Minutes be formally taken as read and confirmed.

Recommendation: That the Minutes of the Development Control Committee Meeting of 16 August 2010 be taken as read and confirmed. Les Windle Manager - Governance


DEVELOPMENT CONTROL COMMITTEE SITE INSPECTION REPORT ITEM No. D2

FILE No. DA 345/2009

ADDRESS:

12 Longworth Avenue POINT PIPER 2027

PROPOSAL:

Alterations and additions to the existing apartment building including the addition of a new unit and new carparking

TYPE OF CONSENT:

Local

APPLICANT:

Mr R Prescott

OWNER:

The Owners - Strata Plan No. 17043

DATE LODGED:

13/07/2009

AUTHOR:

Mr S Taylor

Site Inspection A site inspection in relation to this Development Application was conducted on Wednesday 18 August 2010, with the following Councillors and staff present: Present: Councillors Chris Howe

Isabelle Shapiro Toni Zeltzer

Staff: Sarah Chambers (Acting Team Leader) Sue O’Connor (Secretarial Support - Governance) Apologies: Councillors Nicola Grieve Andrew Petrie

Susan Wynne Malcolm Young

The following people addressed the Councillors: Alan H Duncan, G Burdett, Heather Brown, Christine Egan & Peter McMillan objectors & Russell Prescott, Architect.

H:\Development Control Committee\AGENDAS\2010\Working Agenda\D2.doc 1


Note: The Committee added new Condition Nos. A.6 Development Consent is not granted in relation to these matters, C.1 (f) (Landscaping) & E.10 (Tree Pruning).

The Councillors at the site inspection submit the following recommendation for consideration by the Development Control Committee: Resolved: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979 THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the 30.0m foreshore building line development standard under Clause 22 of Woollahra LEP 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposal does not alter the existing form of the building and does not pose any amenity impacts to adjoining properties, any impression of scale as viewed from Sydney Harbour or impact upon the natural foreshore and ecology of the Harbour.

AND

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the 9.5m maximum building height development standard under Clause 12 of Woollahra LEP 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the appearance of the building as viewed from Sydney Harbour remains appropriate and there are no unreasonable impacts upon the amenity of adjoining properties, including views.

AND

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the 0.625:1 maximum floor space ratio development standard under Clause 11 of Woollahra LEP 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the scale of the building as viewed from Sydney Harbour remains appropriate and there are no unreasonable impacts upon the amenity of adjoining properties. AND THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the 21.0m minimum site frontage development standard under Clause 10(2) of Woollahra LEP 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposed alterations and additions are minor relative to the scale of the building and the density of the subject site remains appropriate. AND



THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 345/2009 is consistent with the aims of the Policy, grant development consent to DA No. 345/2009 for alterations and additions to the existing apartment building including the addition of a new unit and new car parking on land at 12 Longworth Avenue, Point Piper, subject to the following conditions: A. General Conditions A.1 Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1

A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: • The collection of stormwater, • The retention of stormwater, • The reuse of stormwater, • The detention of stormwater, • The controlled release of stormwater; and • Connections to easements and public stormwater systems.



Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: • the use of land in connection with development, • the subdivision of land, • the erection of a building, • the carrying out of any work, • the use of any site crane, machine, article, material, or thing, • the storage of waste, materials, site crane, machine, article, material, or thing, • the demolition of a building, • the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or

excavation of land, • the delivery to or removal from the site of any machine, article, material, or thing,

or • the occupation of the site by any person unless authorised by an occupation

certificate.

Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2

A.3 Approved Plans and supporting documents

Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition. Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved.



Reference Description Author/Drawn Date(s)

A2101, A2102, A2103, A2104, A2105, A3000, A3001, A3100, A3101

Architectural Plans Prescott Architects 15 Mar 2010

210825S BASIX Certificate Department of Planning 15 Aug 2008 22127ZArpt Geotechnical Report Jeffery & Katauskas P/L 14 Aug 2008 08547_L_1000 Landscape Plan Context 19 May 2008 Arborist Report Botanics Jul 2008 SW00 to SW05 Stormwater Management

Plan DP Consulting

1 Sept 2008 (Revision A)

Note: The Landscape documentation is to be revised to reflect the redesign of the parking arrangements

in the front yard. Any new landscaping in the front yard is to be limited to mature height of 4.0m. Landscaping is not permitted on the roof of the car lift.

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A5 A.4 Ancillary Aspect of the Development (s80A(2) of the Act)

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense. Note: This condition does not affect the principal contractor's or any sub-contractors obligations to

protect and preserve public infrastructure from damage or affect their liability for any damage that occurs.

Standard Condition: A8 A.5 Lady Martin Beach

a) Access through Public Open Space Access to 12 Longworth Avenue, Point Piper from the adjoining Lady Martin’s Beach will not be permitted unless prior written approval has been obtained from Council’s Open Space Management Team.

To access the property from Lady Martin’s Beach an application must be submitted for assessment a minimum of four weeks prior to the commencement of works. Any approval will be subject to a Damage Security Bond and fees in accordance with Council’s adopted Schedule of Fees and Charges.



b) Storage of building material in Public Open Space Building, excavation or demolition material and plant must not be stored on Council’s public open space unless prior written approval has been obtained by Councils Open Space Management Team.

c) Protection of Public Beach

Works must not impact on the public beach at the rear of the property. An appropriate Erosion and Sediment Control Plan must be implemented during construction to ensure that material does not migrate off-site into the Beach.

A.6 Development Consent is not granted in relation to these matters

This approval does not give consent to the boat skid, sea stairs or hand rail from the subject site to Lady Martin’s Beach, kayak store and any other works not shown in colour. Further, no consent is given to any plant or other structures on the roof including vents or mechanical apparatus. A separate Development Consent or Complying Development Certificate and Part 4A Certificates, as appropriate, will need to be obtained prior to the such development work commencing.

B. Conditions which must be satisfied prior to the demolition of any building or

construction B.1 Construction Certificate required prior to any demolition

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act.

Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC

125. Standard Condition: B1 C. Conditions which must be satisfied prior to the issue of any construction

certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) A minimum sill height of 1.7m to the two kitchen windows and the bedroom

window on the western elevation of Unit 7 b) A maximum height of 1.2m for the walls along the pedestrian walkway, the front

fence, bin enclosure and all other fences forward of the front building line, with the exception of the pedestrian entrance



c) The deletion of the front fence along the width of the driveway to aid in access to the visitor car space

d) A maximum RL of 16.255 for the car hoist structure e) The provision of Unit 7 as a fully accessible unit, in accordance with AS1428.1 f) The Landscape documentation is to be revised to reflect the redesign of the

parking arrangements in the front yard. Further, any new landscaping on the site is to be limited to a maximum height of RL of 14.1 so as not to exceed the height of the front fence in order to minimise public and private view loss. Landscaping is not permitted on the roof of the car lift.

g) The roof of the residential flat building and new car lift is to consist of a dark, recessive colour in order to minimise glare to surrounding properties

h) The proposed Screw Pine in the north eastern corner of the site adjacent to Sydney Harbour is to be relocated so that it is at least 4.0m from the property boundary/sea wall

i) The hedge forward of the building along the north eastern boundary is to have a maximum height not exceeding the existing boundary fence

Note: The effect of this condition is that it requires design changes and/or further information to be

provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act.

Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with.

Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent. Standard Condition: C4

C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the

Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate, subdivision certificate or occupation certificate, as will apply.

Description Amount Indexed Council Fee Code

LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986

Long Service Levy http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm

Contact LSL Corporation or use online calculator

No

SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit -making good any damage caused to any property of the Council

$83,260 No T115

DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2009

This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $40,630

+ Index Amount Yes,

quarterly T96


http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm


http://www.woollahra.nsw.gov.au/


INSPECTION FEES

under Section 608 of the Local Government Act 1993 Security Administration Fee $175 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES

$124,065 plus any relevant indexed amounts and long service levy

Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: • Cash deposit with Council, • Credit card payment with Council, or • Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by

Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];

• The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent;

• The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and

• The bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate).


http://www.lspc.nsw.gov.au/


Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: • The reasons given; • Whether any prejudice will be caused to the community deriving benefit from the public facilities; • Whether any prejudice will be caused to the efficacy and operation of this plan; and • Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by

Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];




Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5

C.3 Utility Services Generally

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes). Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers’ requirements, be carried to the site underground directly to the main switch board within the fabric of the building. Note: Where adequate provision has not been made for an electrical sub-station within the building, this

may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.



The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans. Note: The intent of this condition is that the design quality of the development must not be

compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans.

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints.

Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or

may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest Standard Condition: C20

C.4 Professional Engineering Details

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation.

Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate. Note: This does not affect the right of the developer to seek staged Construction Certificates.

Standard Condition: C36



C.5 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground

settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b) Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c) Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d) Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required.

e) Provide a Geotechnical and Hydrogeological Monitoring Program that: • Will detect any settlement associated with temporary and permanent works

and structures; • Will detect deflection or movement of temporary and permanent retaining

structures (foundation walls, shoring bracing or the like); • Will detect vibration in accordance with AS 2187.2-1993 Appendix J

including acceptable velocity of vibration (peak particle velocity); • Will detect groundwater changes calibrated against natural groundwater

variations; • Details the location and type of monitoring systems to be utilised; • Details the preset acceptable limits for peak particle velocity and ground

water fluctuations; • Details recommended hold points to allow for the inspection and

certification of geotechnical and hydro-geological measures by the professional engineer; and;

• Details a contingency plan. Standard Condition: C40

C.6 Ground Anchors

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit.



The use of permanent ground anchors under Council land is not permitted. Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy", where alternative methods of stabilisation would not be practicable or viable, and where there would be benefits in terms of reduced community impact due to a shorter construction period, reduced disruption to pedestrian and vehicular traffic on adjacent public roads, and a safer working environment. If temporary ground anchors under Council land are proposed, a separate application, including payment of fees, must be made to Council under Section 138 of the Roads Act 1993. Application forms and Council’s “Rock Anchor Policy" are available from Councils web-site http://www.woollahra.nsw.gov.au. Approval may be granted subject to conditions of consent. Four weeks should be allowed for assessment. Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition,

may impose one or more Infrastructure Works Bonds. Note: Road has the same meaning as in the Roads Act 1993. Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as

follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road. Standard Condition: C41

C.7 Car Parking Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.

Standard Condition: C45 C.8 Stormwater Discharge to Harbour (Clause 25(2) WLEP 1995)

The developer must obtain written approval from the NSW Maritime Authority to discharge stormwater from the subject property directly into Sydney Harbour.


C.9 Stormwater management plan Clause 25(2) WLEP 1995)

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site.




The Stormwater Management Plan must detail: a) general design in accordance with DP Consulting Project 0826 Dwg No. SW00 to

05 Rev A dated 1.9.08 other than amended by this and other conditions; b) the discharge of stormwater, by direct connection, to Sydney Harbour; c) compliance the objectives and performance requirements of the BCA; d) any rainwater tank required by BASIX commitments including their overflow

connection to the Stormwater Drainage System, and e) general compliance with the Council’s draft Development Control Plan

Stormwater Drainage Management (draft version 1.1, public exhibition copy dated 14/12/2006).

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: • All pipe layouts, dimensions, grades, lengths and material specification, • Location of On-Site Detention, • All invert levels reduced to Australian Height Datum (AHD), • Location and dimensions of all drainage pits, • Point and method of connection to Councils drainage infrastructure, and • Overland flow paths over impervious areas.

Copies of certificates of title showing the creation of private easements to drain water by gravity, if required. Subsoil Drainage • Subsoil drainage details • Clean out points • Discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and

sustainable manner. Standard Condition: C51 C.10 Tree Management Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a) Trees to be numbered in accordance with these conditions, b) Shaded green where required to be protected and retained, c) Shaded yellow where required to be transplanted,



d) Shaded blue where required to be pruned, e) Shaded red where authorised to be removed and, f) References to applicable tree management plan, arborists report, transplant

method statement or bush regeneration management plan. Standard Condition: C30

C.11 Building upgrade (Clause 94 of the Regulation)

Council considers pursuant to clause 94 of the Regulation that it is appropriate to require the existing building to be brought into total or partial conformity with the BCA. The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must detail building upgrade works required by this condition. The Certifying Authority must be satisfied that such work, to be implemented as part of the development, will upgrade the building to bring it into compliance with the following provisions of the BCA as in force at the date of the Construction Certificate application: a) That the existing stairway shall meet the performance requirement DP5 of the

BCA. Details shall be submitted to Council for approval prior to initiation of building works;

b) That the exit doors shall swing in the direction of egress complying with the requirements of D2.20 of the BCA. The doors shall be operable by single handed downward action or pushing action in accordance with the requirements of D2.21 of the BCA and shall not encroach the street alignment;

c) That the stair construction shall comply with the requirements of Clause D2.13 of the BCA;

d) That a suitable balustrade shall be provided to all fire exit stairs in accordance with the requirements of D2.16 of the BCA. All proposed building details shall be submitted to Council for approval prior to any building work commencing;

e) That a system of emergency lighting shall be installed throughout the building to provide sufficient light in an emergency in accordance with the requirements of Part E4 of the BCA;

f) That exit signs shall be installed above all required exit doors. Signs shall be illuminated at all times and generally be of sufficient number that direction of travel to all exits is clearly visible from any part of the major egress routes. Exit signs shall be installed to the standard expressed in Clauses E4.5, E4.6 and E4.8 of the BCA;

g) That signs warning against the use of lifts in the event of fire shall be provided in accordance with the requirements of Clause E3.3 of the BCA;

h) That suitable signage shall be installed to alert persons that the operation of certain doors must not be impaired in accordance with clause D2.23 of the BCA;

i) That notices outlining the offences relating to fire exits shall be displayed in a conspicuous position adjacent to, but not within, the passageway, ramp or stairway in accordance with Clause 183 of the Environmental Planning and Assessment Regulation 2000;

j) That the electrical installation serving the subject premises shall be inspected by a suitably qualified electrical contractor and be certified in the following manner;



The certificate shall be in the form of a written report providing the following minimum requirements:- • the electrical contractors licence number; • that a visual examination (refer to clause 8.2 of AS/NZS 3000:2007) of

wiring, fittings and accessories was undertaken and were found to be in sound condition;

• that an insulation resistance and circuit connection test was carried out pursuant to Clause 8.3.6 of AS/NZS 3000:2007 and was found to be satisfactory;

k) That an automatic smoke detection and alarm system complying with

Specification E2.2a Clause 3 of the BCA shall be installed throughout the building;

l) That a building occupant warning system shall be installed throughout the building. The system shall comply with the requirements of clause 6 of Specification E2.2a of the BCA;

m) That the doors of the following areas shall have a fire resistance level of -/60/30 and be fitted with an approved self-closing device designed to bring the doors to the fully closed and latched position after each manual operation: • all entrance doors to sole occupancy units; • all doors to the stairways;

n) That the existing lift shall be fully enclosed by construction having a fire resistance level of not less than -/90/90. All openings thereto shall be protected by -/60/- fire doors that comply with clause C3.10 of the BCA;

o) That the lift motor room shall be isolated from the remainder of the building in accordance with the requirements of Clause C2.12 of the BCA;

p) All openings on the external walls within three (3) metres of a side boundary shall be protected in accordance with the requirements of clause C3.2 of the BCA;

q) That openings within six (6) metres from the point of discharge of the fire isolated stairway in the path of travel shall be protected in accordance with the requirements of clause D1.7 (c) of the BCA;

r) That hydrants shall be installed throughout the building in accordance with the requirements of Clause E1.3 of the BCA;

s) That hose reels shall be installed throughout the building to the standard expressed in Clause E1.4 of the BCA; Hose reels shall not be located within rooms but rather in common areas such as passageways, lobbies or foyers, so that their location is obvious and always available to all occupants; If it is desired to enclose the hose reels, the cabinets shall be of a size with sufficient clearance between reel and cabinet to allow the hose to be drawn off in any direction and rewound without difficulty; Cabinets enclosing hose reels shall have a conspicuously displayed sign fitted to the door, with lettering at least 50mm in height reading "Fire Hose Reel"; All cabinets are to comply with the relevant requirements of AS1221 and AS 2441;

t) That portable fire extinguishers shall be provided throughout the building to the requirements of Clause E1.6 of the BCA and the relevant requirements of AS 2444;



Note: The Certifying Authority issuing the Construction Certificate has no power to remove the requirement to upgrade the existing building as required by this condition. Where this conditions specifies compliance with performance requirements of the BCA the Certifying Authority, subject to their level of accreditation, may be satisfied as to such matters. Where this condition specifies compliance with prescriptive (deemed to satisfied) provisions of the BCA these prescriptive requirements must be satisfied and cannot be varied unless this condition is reviewed under section 82A or amended under section 96 of the Act.

Note: This condition does not set aside the Certifying Authorities responsibility to ensure compliance with clause 143 of the Regulation in relation to Fire Protection and Structural Adequacy.

Note: AS 4655 Guidelines for fire safety audits for buildings (or any succeeding AS) should form the basis of any fire upgrade report. Standard Condition: C10

C.12 Light and Ventilation

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail all a lighting, mechanical ventilation or air-conditioning systems complying with Part F.4 of the BCA or clause 3.8.4 and 3.8.5 of the BCA Housing Provisions, inclusive of AS 1668.1, AS 1668.2 and AS/NZS 3666.1. If an alternate solution is proposed then the Construction Certificate application must include a statement as to how the performance requirements of the BCA are to be complied with and support the performance based solution by expert evidence of suitability. This condition does not set aside the mandatory requirements of the Public Health (Microbial Control) Regulation2000 in relation to regulated systems. This condition does not set aside the effect of the Protection of the Environment Operations Act 1997 in relation to offensive noise or odour. Note: Clause 98 of the Regulation requires compliance with the BCA. Clause 145 of the Regulation

prevents the issue of a Construction Certificate unless the Accredited Certifier/Council is satisfied that compliance has been achieved. Schedule 1, Part 3 of the Regulation details what information must be submitted with any Construction Certificate. It is the Applicant's responsibility to demonstrate compliance through the Construction Certificate application process. Applicants must also consider possible noise and odour nuisances that may arise. The provisions of the Protection of the Environment Operations Act 1997 have overriding effect if offensive noise or odour arises from the use. Applicant's must pay attention to the location of air intakes and air exhausts relative to sources of potentially contaminated air and neighbouring windows and air intakes respectively, see section 2 and 3 of AS 1668.2. Standard Condition C59

C.13 Carpark Ventilation

The basement car park in which vehicles powered by internal combustion engines are parked is required to comply with Section 4 ‘Ventilation Of Enclosures Used By Vehicles With Internal Combustion Engines’ of Australian Standard 1668.2-1991. In general air distribution must achieve uniform dilution of contaminants in the garage and maintain contaminant concentrations below recommended exposure standards.



The basement car park must be naturally ventilated or provided with a combination of both supply and exhaust mechanical ventilation. The applicant is to determine the method of ventilation of the basement car park and provide details to the Certifying Authority accordingly. Except as varied in accordance with Clause 4.4.1 (a), (b) or (c), the 53 vehicle basement car park shall be mechanically ventilated by a combination of general exhaust with flow rates in accordance with Clause 4.4.2, and supply with flow rates specified in Clause 4.8 of Australian Standard 1668.2-1991.

The Air Discharge for the car park ventilation system is to comply with Section 3 (Exhaust Air Dilution Procedure) of Australian Standard 1668.2-1991 and in particular Clause 3.7 (1-4) pertaining to air discharges.

C.14 General Ventilation All internal sanitary rooms and laundry facilities not provided with natural ventilation,

must be provided with a system of mechanical exhaust ventilation in accordance with Table B1 “Minimum Exhaust Ventilation Flow Rates” of AS 1668.2-1991. Details of any proposed mechanical ventilation system(s) being submitted with the Construction Certificate plans and specifications, required to be submitted to the Certifying Authority demonstrating compliance with AS 1668 Parts 1&2.

C.15 BASIX commitments

The applicant must submit to the Certifying Authority BASIX Certificate No. 210825S with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a

new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A

certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7 C.16 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.

Note: This condition is imposed to ensure that the existing structure is able to support the additional

loads proposed. Standard Condition: C35



D. Conditions which must be satisfied prior to the commencement of any development work

D.1 Dilapidation Reports for existing buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to) 10 and 14 Longworth Avenue. The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work. Note: The reasons for this condition are:

• To provide a record of the condition of buildings prior to development being carried out • To encourage developers and its contractors to use construction techniques that will

minimise the risk of damage to buildings on neighbouring land Also refer to the Dilapidation Report Advising for more information regarding this condition

Standard Condition: D4 D.2 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical)

advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6

D.3 Construction Management Plan

As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Also, due to the lack of on-street parking a Work Zone may be required during construction.

A construction management plan must be submitted and approved by Council’s Development Engineer. The plan must:-



a) Describe the anticipated impact of the demolition, excavation and construction works on: • Local traffic routes • Pedestrian circulation adjacent to the building site • On-street parking in the local area

b) Describe the means proposed to: • Manage construction works to minimise such impacts, • Provide for the standing of vehicles during construction, • Provide for the movement of trucks to and from the site, and deliveries to

the site

c) Show the location of: • Any site sheds and any anticipated use of cranes and concrete pumps, • Any areas of Council property on which it is proposed to install a Works

Zone (Construction Zone) • Structures to be erected such as hoardings, scaffolding or shoring • Any excavation

d) Describe the excavation impact on the area including • Number and types of trucks to be used • Time frame • Streets to be used • Routes to be taken • Directions of travel • Truck storage areas • It is recommended that vehicle routes be shared

e) Protect Trees, Bushland and Public Open Space: • Show the location of all Tree Protection (Exclusion) Zones as required

within the conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the

Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9

D.4 Works (Construction) Zone – Approval & Implementation

A works zone is required for this development. The principal contractor or owner must apply for a works zone. If the works zone is approved the principal contractor or owner must pay all fees for and implement the required works zone before commencement of any work.



The principal contractor must pay all fees associated with the application and occupation and use of the road as a works zone. All works zone signs must have been erected by Council to permit enforcement of the works zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of works zone fees. Note: The principal contractor or owner must allow not less than four to six weeks (for routine

applications) from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.

Note: The enforcement of the works zone is at the discretion of Council’s Rangers and the NSW Police Service. The principal contractor must report any breach of the works zone to either Council or the NSW Police Service.

Standard Condition: D10

D.5 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.

Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either: a) The vertical height above footpath level of the structure being demolished is less

than 4.0 m; or



b) The least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure.

The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must: a) Extend from the common boundary to 200mm from the edge of the carriageway

for the full length of the boundary; b) Have a clear height above the footpath of not less than 2.1 m; c) Terminate 200mm from the edge of the carriageway (clearance to be left to

prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

d) Together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.

The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm. Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of

making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.


D.6 Erosion and Sediment Controls – Installation

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent;


http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm



b) “Do it Right On Site, Soil and Water Management for the Construction Industry”published by the Southern Sydney Regional Organisation

of Councils, 2001; and

) “Managing Urban Stormwater - Soils and Construction” published by the NSW

Note:

s

cDepartment of Housing 4th Edition” ('The Blue Book').

Where there is any conflict The Blue Book takes precedence.

The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publicationcan be down loaded free of charge from www.woollahra.nsw.gov.au.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “tio

he n”

arning: bject to proceedings ollution is caused,

d being developed.

D.7

be retained, Tree Protection Zones are to be stablished around all trees to be retained on site. The Tree Protection Zones are to

p ments;

a) Tree Protection Zone areas

Council Ref

adiTrun )

occupier of premises at or from which any pollution occurs is taken to have caused the pollut W Irrespective of this condition any person occupying the site may be su under the Protection of the Environment Operations Act 1997 where p

permitted or allowed as the result of their occupation of the lan


Establishment of Tree Protection Zones

To limit the potential for damage to trees toecom ly with the following require

NoSpecies Location R us from

k (metres

1 Glochidion ferdinandii Cheese Tree Front Eastern area of property 4 metres

b)

existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to


http://www.austieca.com.au/


Figure 1. A typical example of chainmesh fencing and signage to be installed as fencing for treeprotection zones.

Trunk protection, to a maximum height permitted by the first branches, is to be installed around the trunks of the trees listed in the table below;

Council Ref No Species Location

c)

1 Glochidion ferdinandii Cheese Tree Front

the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.

A padding material eg. Hessian or thick carpet underlay is to be wrapt around theunk first. Harwood planks, 50x100mm and to the maximum possible length, are tr

to be placed over the padding and around

Figure 2. A typical example of trunk protection to be installed

ree

e)

n must

,

uirements, measures and

h

ote: Water Restrictions take precedence over this condition. Having regard to water restrictions manual hosing may be necessary.


d) A sign must be erected on each side of the fence indicating the existence of a TProtection Zone and providing the contact details of the site Arborist.

Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavatiobe stabilised, until such time as permanent measures are installed (e.g. retaining wall etc) to prevent erosion within the Tree Protection Zone.

f) Sediment control measures are to be installed around all Tree Protection Zones to

protect the existing soil levels.

g) The storage of materials, stockpiling, siting of works sheds, preparation of mixescleaning of tools or equipment is not permitted within Tree Protection Zones.

ite personnel must be made aware of all Tree Protection reqSany actions that constitute a breach of the Conditions of Development Consent witregard to tree protection on site during their site induction. N



D.8

an 20% of a ees calculated Tree Protection Zone is considered allowable provided the tree is a

either side of the allowable incursion. The table below provides a radius distance from the centre of the

Council Species Location Radius from Trunk (metres)

Approved works within incursion

Permissible work within Tree Protection Zones

In accordance with British Standard BS5837, one incursion no greater thtrhealthy and vigorous specimen. Upon completion of approved works within the Tree Protection Zone, the specified Tree Protection Zone fencing must end

trunk of existing trees whereby the following incursions are permissible:

a) Permissible Work within Tree Protection Zones

Ref No

1 Glochidion ferdinandii Cheese Tree

Front, Eastern area of property

1.5 metres Construction Western side

of wall on of tree

b) Where excavation is undertaken within

of the excavation must be sta specified Tree Protection Zone, the edge

abilised, until such time as permanent measures are e.g. retaining wall etc) to prevent erosion within the Tree Protection

c) action within the Tree Protection Zone of

ot w

Quali

qualif

Beyopleted.

.9 ing Code of Australia and insurance requirements under the Home Building Act

installed (Zone.

To prevent damage to roots and compspecified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. Noro ith a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian

fication Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 “Pruning of Amenity Trees and carried out by a qualified Arborist (minimum

ication of Australian Qualification Framework Level 4 or recognised equivalent).

nd this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is com

D Compliance with Build

1989

escribed pment consent for development that involves any building work:

a)

b) ere to be a contract of insurance in force in accordance with Part 6 of

For the purposes of section 80A (11) of the Act, the following conditions are prn relation to a develoi

that the work must be carried out in accordance with the requirements of the Building Code of Australia, in the case of residential building work for which the Home Building Act 1989 requires ththat Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

ondition does not apply: This c



a) to the extent to which an exemption is in force under clause 187 or 188, subject to any condition or requirement referred to in clause 187 (6) or 188 (4),

) to the erection of a temporary building.

ote: This condition must be satisfied prior to commencement of any work in relation to the contract of

is condition also has effect during the carrying ce with the Building Code of Australia.

: ustralia. D.10

The P ontractor or owner builder must ensure that the sign/s required by lauses 98A and 227A of the Regulation is/are erected and maintained at all times.

es of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are

tractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

on work or demolition work mpleted.

that .

t apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

es:

e PCA or the principal contractor for any building work, subdivision work or

UST ensure that a rigid and durable sign showing the person’s identifying particulars so that they can be read easily by anyone in any public road or other public place

:

Note:

e Regulation. Standard Condition: D12

the terms ofb In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Ninsurance under the Home Building Act 1989. Thout of all building work with respect to complian

teNo All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of AStandard Condition: D1

Site Signs

rincipal Cc Clause 98A of the Regulation provides: Erection of signs For the purpos•

prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

• A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for

the work, and b. showing the name of the principal con

c. stating that unauthorised entry to the work site is prohibited. • Any such sign is to be maintained while the building work, subdivisi

is being carried out, but must be removed when the work has been co• This clause does not apply in relation to building work, subdivision work or demolition work

is carried out inside an existing building that does not affect the external walls of the building• This clause does no

Clause 227A of the Regulation provid

Signs on development sites

f there is a person who is thIdemolition work authorised to be carried out on a site by a development consent or complyingdevelopment certificate: • Each such person M

adjacent to the site is erected in a prominent position on the site before the commencement of work, and is maintained on the site at all times while this clause applies until the work has been carried out.

Note Clause 227A imposes a penalty exceeding $1,000 if these requirements are not complied with. If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A and Clause 227A of th



D.11 Toilet Faci

Toilet facili on which work involved in the erection or demolition of a building is being carried out, at the rate of

provi a) must b) c) if con

manad) connection to a public sewer or an accredited sewage management facility is

The provisibefore any other work is commenced. In thi ond accredited Divis 4A s, being a sew an

e subject in clause 95B of the Local

Part 3 ) Regulation 1993.

publiRegu

t

Note: ment to comply with Workcover NSW requirements.

rincipal Certifying ent

The e be

a) t ited

lities

ties are to be provided, at or in the vicinity of the work site

one toilet for every 20 persons or part of 20 persons employed at the site. Each toiletded:

be a standard flushing toilet, and must be connected to a public sewer, or

nection to a public sewer is not practicable, to an accredited sewage gement facility approved by the council, or

ifnot practicable, to some other sewage management facility approved by the council.

on of toilet facilities in accordance with this condition must be completed

s c ition:

sewage management facility means a sewage management facility to which ion of Part 3 of the Local Government (Approvals) Regulation 1993 applie

age management facility that is installed or constructed to a design or plof a certificate of accreditation referred toth

Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of

of the Local Government (Approvals

c sewer has the same meaning as it has in the Local Government (Approvals) lation 1993.

sewage management facility has the same meaning as it has in the Local Governmenovals) Regulation 1993. (Appr

ot set aside the require This condition does n


D.12 uilding - Construction Certificate, Appointment of PBAuthority, Appointment of Principal Contractor and Notice of Commencem(s81A(2) of the Act)

rection of the building in accordance with this development consent must notcommenced until:

A construction certificate for the building work has been issued by the consenauthority, the council (if the council is not the consent authority) or an accredCertifier, and



b) • principal certifying authority for the building work, and • tif out the

c) the principal certifying authority has, no later than 2 days before the building

• cil (if the council is not the

• Notif t consent of any critical stage inspections and other inspections that are to be carried out in

d) e

must be the

ertifying authority of any such appointment, and principal contractor, notified the principal

te:

Note: ng has the same meaning as in section 109H of the Act and includes an altered portion

: n to, ce

n work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc

Note: ation, PCA Service Agreement and Notice of Commencement

:

D.13

The person having the benefit of the development consent has: Appointed aNo ied the principal certifying authority that the person will carry building work as an owner-builder, if that is the case, and

work commences: Notified the consent authority and the counconsent authority) of his or her appointment, and

ied the person having the benefit of the developmen

respect of the building work, and The person having the benefit of the development consent, if not carrying out thwork as an owner-builder, has: • Appointed a principal contractor for the building work who

holder of a contractor licence if any residential building work is involved, and

• Notified the principal c• Unless that person is the

contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

• Given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.

No building has the same meaning as in section 4 of the Act and includes part of a building and any

structure or part of a structure. new buildiof, or an extension to, an existing building.

Note The commencement of demolition works associated with an altered portion of, or an extensioan existing building is considered to be the commencement of building work requiring complianwith section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolitio[2001] NSWLEC 125. Construction Certificate Applicforms can be downloaded from Council’s website www.woollahra.nsw.gov.au .

Note It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15

Notification of Home Building Act 1989 requirements

For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development

a)

that involves any residential building work within the meaning of the Home Building Act 1989.

b) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:



• In the case of work for which a principal contractor is required to be appointed:

principal contractor, and - the name of the insurer by which the work is insured under Part 6 of

der, and

) If arrangements for doing the residential building work are changed while the bclause (2) becomes

out of date, further work must not be carried out unless the principal certifying

uncil written notice of the updated information. ) This clause does not apply in relation to Crown building work that is certified, in

e State’s building laws.


D.14

(“AHD”) in compliance with the approved

Note: ween the approved

elation to the height, location te principal contractor

own he variations as shown are consistent with

Note: larg ment of new State red surveyor.

ndard

- the name and licence number of the

that Act,

• In the case of work to be done by an owner-builder: - the name of the owner-buil- if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit. c

work is in progress so that the information notified under su

authority for the development to which the work relates (not being the council) has given the co

daccordance with section 116G of the Act, to comply with the technical provisionsof th

Establishment of boundary location, building location and datum Prior to the commencement of any work the principal contractor or owner builder must

ut: ensure that a surveyor registered under the Surveying Act 2002 sets o a) the boundaries of the site by permanent marks (including permanent recovery

points); b) the location and level of foundation excavations, footings, walls and slabs by

permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datumplans;

c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and

d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Where the principal contractor or owner builder notes any discrepancy betdevelopment consent and the Construction Certificate, especially in ror ex rnal configuration of the building (but not limited to these issues) theor er builder should not proceed until satisfied that tthe consent. Failure to do so may result in a breach of development consent. On er developments, or where boundary redefinition is required, the placeSurvey Marks as permanent marks should be considered by the registeSta Condition: D18



E. Conditions which must be satisfied during any development work E.1 Complianc

All developme d out in accordance with the appmaintained at e available to th

on Management Plan the provisions of traffic and

E.2 rian Safety and Access

p der and any other person acting with the benefit

ny gate or fence swing out or encroaching upon the road or the

) Not use the road or footway for the storage of any article, material, matter, waste

b) r footway for any work. bstruction.

the

f the Local Government Act 1993 except that t all time compliance is required with:

all relevant parts of this set of standards.

) Australian Road Rules to the extent they are adopted under the Road Transport

Note: llows the Police to ed area to traffic during any temporary obstruction or danger to traffic

or for any temporary purpose. Any road closure requires Police approval.

ure, work or tree on a public road, or to a public road from any land adjoining the road, or

• connect a road (whether public or private) to a classified road, appropriate roads authority. provides that a person may carry out certain

c. Place a waste storage container in a public place.”

e with Construction Management Plan

nt activities and traffic movements must be carrieroved construction management plan. All controls in the Plan must be

all times. A copy of the Plan must be kept on-site at all times and madl on request. e PCA or Counci

Note: Irrespective of the provisions of the Constructi

parking legislation prevails. Standard Condition: E3

Maintenance of Vehicular and Pedest The rincipal contractor or owner builof this consent must: Not erect or maintain afootway. a

or thing. Not use the road o

c) Keep the road and footway in good repair free of any trip hazard or od) Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists undersection 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 oa a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and

b(Safety and Traffic Management) (Road Rules) Regulation 1999.

Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 aclose any road or road relat

Note: Section 138 of the Roads Act 1993 provides that a person must not: • erect a structure or carry out a work in, on or over a public road, or • dig up or disturb the surface of a public road, or • remove or interfere with a struct• pump water in

otherwise than with the consent of the ote: Section 68 of the Local Government Act 1993N

activities only with the prior approval of the council including: • Part C Management of Waste:

a. For fee or reward, transport waste over or under a public place b. Place waste in a public place



• Part E Public roads: a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist o

tackle projecting over the footway b. Ex

r

pose or allow to be exposed (whether for sale or otherwise) any article in or on or so

E.3 Main an

measu

b) c) d) e)

Note:

as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”

c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7

ten ce of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, res and controls are maintained:

a) Erosion and sediment controls, Dust controls, Dewatering discharges, Noise controls; Vibration monitoring and controls;

f) Ablutions;

See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

E.4 Com echnical/Hydrogeological Monitoring Program

ertaken in accordance with the recommendations of the direction

/ d

sent authority cannot require that the author of the geotechnical/hydrogeological report submitted with the Development Application to be appointed as the professional engineer

e report be

E.5

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building).

pliance with Geot

xcavation must be undE

Geotechnical / Hydrogeological Monitoring Program and any oral or written of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the GeotechnicalHydrogeological Monitoring Program for the development including, but not limiteto; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical

and hydrogeological measures by the professional engineer; and c) the contingency plan. Note: The con

supervising the work however, it is the Council’s recommendation that the author of thretained during the construction stage.

Standard Condition: E12

upport of adjoining land and buildings S



For the purposes of this condition, supporting land includes the natural surface of thesite, the subsoil of the site, any water beneath the site, and any part of the site that been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or suppo

land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any

has

rted

person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or

g Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

ort of ng

by the supporting land to any other adjoining land (the supported land).

s

er

ote: The encroachment of work or the like is a civil matter of trespass or encroachment and Council relation to

building identified by pr ge from

any adjacent building ex professional engineer as must activate such that the lerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer.

b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancin

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to suppland. Accordingly, a person has a duty of care not to do anything on or in relation to land beideveloped (the supporting land) that removes the support provided

Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads afollows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or undany road.

Ndoes not adjudicate or regulate such trespasses or encroachments except inencroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13

E.6 Vibration Monitoring

Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical ngineering, between any potential source of vibration and any e

the ofessional engineer as being potentially at risk of movement or damasettlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of

ceeding the peak particle velocity adopted by the the maximum acceptable peak particle velocity an audible alarm

principal contractor and any sub-contractor are easily a



Where the event requires, in the opinion of the professional engineer, any change in practices to ensure that vibration at the level of the footings of any adjacent work

principal contractor and any sub-contractor clearly setting out required

tor must comply with all work directions,

e

adjoin d the

take i furthe

of the Conveyancing Act 1919.

ent Controls – Maintenance

try” rganisation of Councils, 2001; and

” published by the NSW dition (“The Blue Book”).

building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the work practice.

he principal contractor and any sub-contracTverbal or written, given by the professional engineer. A copy of any written direction required by this condition must be provided to thPrincipal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any

ing building or such that there is any removal of support to supported lanprofessional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and

mmediate action under the direction of the professional engineer to prevent anyr damage and restore support to the supported land.

Note: Professional engineer has the same mean as in Clause A1.1 of the BCA. Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building

and any structure or part of a structure”. Supported land has the same meaning as in section 88K Note:


E.7 Erosion and Sedim

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Indus

published by the Southern Sydney Regional Oc) “Managing Urban Stormwater - Soils and Construction

Department of Housing 4th E

Where there is any conflict The Blue Book takes precedence.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution,

7 w

notices and orders under the Act and/or the Protection of the Environment Operations Act 199without any further warning. It is a criminal offence to cause, permit or allo pollution.



Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier have caused the pollution”.

he n: E15

.8

The principal contractor or owner builder must ensur a) Prior pum pub

approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; s

c) ater pipes, to a Council approved stormwater disposal

mmediately upon com the pervious areas.

Note: This conditi mposed to oin

affected by tormwatwater such t n a ollution


All pe Order (“the TPO”), other than w height greater than 5 metres or a diam read of branches greater than 3 metres, is subject to

unless, exempted by specific provisions. Works to ius of any tree, subject to the Tree Preservation

of premises at or from which any pollution occurs is taken to

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause tpollution.

andard ConditioSt

E Disposal of site water during construction

e:

to ping any water into the road or lic stormwater system that

b) That water pollution, as defined by the Protection of the Environment OperationAct 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; That stormwater from any roof or other impervious areas is linked, via temporarydownpipes and stormwsystem iother im

pletion of roof installation or work creating

on has been iunreasonable overland flhat they cause erosio

ensure that adjows of snd water p

ing and neighbouring land is not adversely er and that site water does not concentrate .

E.9 Tree Preservation

rsons must comply with Council’s Tree Preservationhere varied by this consent. The order applies to any tree, with a

eter spCouncil’s Tree Preservation Orderbe carried out within a 5 metre radOrder, require the prior written consent of Council. General Protection Requirements a) Where excavation encounters tree roots with a diameter exceeding 50mm

excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or

er c instructions are given by Tree Managementct nce with such Council instructions.

b) Where there is damage to any part of a tree the principal contractor must procure n in r i

contractor must immediately implement treatment as directed by the qualified

e with such Council instructions.

8

whstri

e specifiaccorda

Council's Officer in

a spection of the tree by a qualified a borist immediately. The pr ncipal

arborist or where specific instructions are given by Council's Tree Management Officer in strict accordanc

Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and WorkCover NSW Code of Practice Amenity Tree Industry. Standard Condition: E



E.10

plan, applic ) The following trees must be retained:

Council Species Location Dimension

s)

m

) The following trees may be pruned in accordance with Australian Standard AS

provide clearance to the new development:

Location Approved pruning specification (extent of )

1 Glochidion Front Eastern Crown raise minor branches only (no greater than tre in order

rport s.

Note: The tree trees required to be pruned should appear coloured blue on the construction

ake precedence over this condition.

E.11 he vicinity of trees

is to

llows construction of the pier. The beam is to be placed a inimum of 200mm above ground level and is to be designed to bridge all tree roots

Ref N centre tres)

Tree Preservation & Approved Landscaping Works

All landscape works must be undertaken in accordance with the approved landscape arborist report, tree management plan and transplant method statement as able.

a

Ref No (metre

1 Glochidion ferdinandii Cheese Tree Front Eastern area of property 6 x 10

b

4373 “Pruning of Amenity Trees” and WorkCover NSW Code of Practice Amenity Tree Industry, to the minimum extent necessary to

Council SpeciesRef No pruning

ferdinandii Cheese Tree

area of property

50mm diameter) by no more than 1 meto create adequate clearance over proposed caroof structure and passing or parked vehicle

certificate plans. Note: Water Restrictions tNote: Having regard to water restrictions manual hosing may be necessary.


Footings in t

Footings for any structure constructed within the specified radius from the trunks of the following trees, is to be constructed using an isolated pier and beam construction method. Excavations for installation of piers is to be located so that no tree root with adiameter equal to or in excess of 50mm is to be severed. The smallest possible areabe excavated which amwith a diameter equal to or in excess of 50mm.

Council o

Species Location Radius fromof trunk (me

1 Glochidion ferdinandii Cheese Tree Front Eastern area of property 1.5 metres E.12 ompliance with Building Code of Australia andC insurance requirements under

rescribed in g work:

the Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following condition is prelation to a development consent for development that involves any buildin



That the work must be carried out in accordance with the requirements of the Building Code of Australia, In the case of reside

a)

b) ntial building work for which the Home Building Act 1989 6 of

be carried out by the consent commences.

n is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188

b) In thithe ap

Note .

E.13

Demond as in

tage inspections must be called for by the principal contractor or owner uilder as required by the PCA, any PCA service agreement, the Act and the

he

ent.

ition to inspections, require the submission of Compliance Certificates, ence of suitability in accordance with Part A2.2 of the BCA in relation to

E.15

b) y weekday, c) No work must take place before 7am or after 1pm any Saturday, and

requires there to be a contract of insurance in force in accordance with Part that Act, that such a contract of insurance is in force before any building work authorised to

This condition does not apply: a) To the extent to which an exemptio

(4) of the Regulation, or To the erection of a temporary building.

s clause, a reference to the BCA is a reference to that Code as in force on the date plication for the relevant construction certificate is made.

All new guttering is to comply with th: e provisions of Part 3.5.2 of the Building Code of AustraliaStandard Condition: E1

pliance with Australian StandCom ard for Demolition

lition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, aforce

Standard Condition: E2 at 1 July 1993.

E.14 Critical Stage Inspections

Critical sbRegulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work isproceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for tpurposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreem Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the

PCA be satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in add

survey reports or evidany matter relevant to the development. Standard Condition: E5

Hours of Work –Amenity of the neighbourhood

a) No work must take place on any Sunday or public holiday, No work must take place before 7am or after 5pm an



d) No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jachammering or bulk excavation of land or loading of material to or from trucks must take place b

k

efore 9am or after 4pm any weekday, or before 9am or after

e)

This c e impact of work upon the amenity of

ust, odour, traffic and parking impacts.

Note:

ese activities. This more invasive work generally occurs during the xcavation stages of development. If you are in doubt as to whether or not a nsidered to be subject to the more onerous requirement (9am to 4pm

s and 9am to 1pm Saturdays) please consult with Council. ote: Each and every breach of this condition by any person may be subject to separate penalty

ote: Compliance with these hours of work does not affect the rights of any person to seek a remedy to

1pm any Saturday. No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.

ondition has been imposed to mitigate th

the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, d

The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to thfoundation and bulk eparticular activity is coweekday

Ninfringement notice or prosecution.

Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.

Noffensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.

Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . ote: see N http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf

Standard Condition: E6 E.16 ter

otection measures relative to Australian Height atum

he Principal Contractor or Owner Builder must ensure that a surveyor registered ates

confithe st

system critic The P

the PCA’s satisfaction:

) Upon the completion of foundation walls prior to the laying of any floor or the

any floor or the pouring of any concrete and generally at each storey;

c) Upon the completion of formwork or framework for the roof(s) prior to the laying of any roofing or the pouring of any concrete roof;

Check Surveys - boundary location, building location, building height, stormwadrainage system and flood prD Tunder the Surveying Act 2002 carries out check surveys and provides survey certific

rming the location of the building(s), ancillary works, flood protection works and ormwater drainage system relative to the boundaries of the site and that the height

of buildings, ancillary works, flood protection works and the stormwater drainage relative to Australian Height Datum complies with this consent at the following

al stages.

rincipal Contractor or Owner Builder must ensure that work must not proceed wing critical stages until compliance has been demonstrated to beyond each of the follo

a

pouring of any floor slab and generally at damp proof course level; b) Upon the completion of formwork for floor slabs prior to the laying of



d) Upon the completion of formwork and steel fixing prior to pouring of any concrete for any ancillary structure, flood protection work, swimming pool or spa

e)

atch Council approved driveway crossing levels and minimum flood levels.;

g) ng location, height and capacity.

imposed to ensure that development occurs in the location and at the this consent. This is critical to ensure that building are constructed to

ity of

E.17 ite Cranes

Site C418, AS 2549 and AS

arts to these standards.

r hoist over any public place unless the principal contractor or

uminated outside approved working hours other than in s required by the Civil Aviation Safety Authority under the

ne.

: t

Note: he consent of the owner of that private or owner builder must obtain an access

.

E.18

ontractor or owner builder must ensure that all waste storage containers,

d to skip bins, must be stored within the site unless:

pool or the like; Upon the completion of formwork and steel fixing prior to pouring of any concrete for driveways showing transitions and crest thresholds confirming that driveway levels m

f) Stormwater Drainage Systems prior to back filling over pipes confirming location, height and capacity of works.

measures are in place confirmiFlood protection

Note: This condition has beenheight approved under minimum heights for flood protection and maximum heights to protect views and the amenneighbours.

Standard Condition: E20 S

rane(s) and hoist(s) may be erected within the boundary of the land being ped subject to compliance with Australian Standards AS 1develo

2550 and all relevant p

ranes must not swing oCowner builder have the relevant approval under the Local Government Act 1993, Crown Lands Act 1989 or Roads Act 1993. The crane must not be ill

lation to safety beaconreCivil Aviation Act 1988 (Cth).

te craNo illuminated sign(s) must be erected upon or displayed upon any si

teNo Where it is proposed to swing a crane over a public place the principal contractor or owner al Governmenbuilder must make a separate application to Council under section 68 of the Loc

Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place.

Where it is proposed to swing a crane over private land tland is required. Alternatively, the principal contractororder under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriateThe encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments. Standard Condition: E19

Placement and use of Skip Bins

rincipal cThe pincluding but not limite



a) Activity Approval has been issued by Council under section 94 of the Local Government Act 1993 to place the waste storage container in a public place, and

e may are

tion 2000

E.20

Dust ” published by the Southern Sydney

red when not being used. apable, being fitted with dust catchers.

bags before placing into waste or skip bins. ept covered when not being filled or emptied.

)

Note: e of charge from Council’s web site

b) Where located on the road it is located only in a positions where a vehicllawfully park in accordance with the Australian Road Rules to the extent theyadopted under the Road Transport (Safety and Traffic Management) (Road Rules)Regulation 1999.

Note: Waste storage containers must not be located on the footpath without a site specific activity

approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel ismaintained free of any trip hazards. Standard Condition: E21

E.19 rohibition of burning P

There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area.

ote: Pursuant to the Protection of the Environment Operations (Control of Burning) RegulaNall burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.


Dust Mitigation

mitigation must be implemented in accordance with “Dust Control - Do it right on Regional Organisation of Councils. site

This generally requires:

fences. a) Dust screens to all hoardings and siteaterials to be coveb) All stockpiles or loose m

cc) All equipment, whered) All loose materials being placed

being ke) All waste and skip bins f) The surface of excavation work being kept wet to minimise dust.

Landscaping incorporating trees, dense shrubs and grass being implemented as gsoon as practically possible to minimise dust.

“Dust Control - Do it right on site” can be down loaded frewww.woollahra.nsw.gov.au or obtained from Council’s office.

Special precautions must be taken when removing asbestos or lead materials from developmensites. Additional information can be obtained from

Note: t www.workcover.nsw.gov.au and

www.epa.nsw.gov.au . Other specific condition and advice may apply. Demolition and construction Note: activities may affect local air quality and contribute to urban air

pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution.




E.21 Requirement to notify about new evidence

t site ust

F. ing

F.1

it to the satisfaction of the PCA

orks-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability d as

lian Standards.

suitability t A2.2 of the BCA must include but may not be limited to:

om the supervising professional engineer that the requirement of were

storage systems.

g) h) i) .

er matters as the Principal Certifying Authority may require.

consent and

ote: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as

ards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate.

Standard Condition: F7

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions aboucontamination, heritage significance, threatened species or other relevant matters mbe immediately notified to Council and the Principal Certifying Authority. Standard Condition: E4

Conditions which must be satisfied prior to any occupation or use of the build(Part 4A of the Act and Part 8 Division 3 of the Regulation)

and Certification of Systems and Works Commissioning

The principal contractor or owner builder must submwin accordance with Part A2.2 of the BCA confirming that the works, as executed andetailed, comply with the requirement of this consent, the Act, the Regulations, anyrelevant construction certificate, the BCA and relevant Austra Worksin accordance with Par

-as-executed (“WAE”) plans, Compliance Certificates and evidence of

) Certification fra

the Geotechnical / Hydrogeological conditions and report recommendationsimplemented and satisfied during development work.

b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.”

) All stormwater drainage andde) All mechanical ventilation systems. f) All hydraulic systems.

All structural work. All acoustic attenuation work. All waterproofing

j Such furth Note: This condition has been imposed to ensure that systems and works as completed meet

development standards as defined by the Act, comply with the BCA, comply with this so that a public record of works as execute is maintained.

Nnecessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Stand



F.2 Commissioning and Certification of Public Infrastructure Works

oollahra

reduced levels.

F.3

F.4

ergency services, utility services, and the general public are able to clearly and readily locate

street ation.

t and sole occupancy unit numbers should be made together

with any application for a strata certificate or Torrens or community title subdivision certificate.

F.5

4253:1994 Mailboxes and to Australia Post’s satisfaction.

: occupiers of the site.

The principal contractor or owner builder must submit, to the satisfaction of Wunicipal Council, certification from a professional engineer that all public M

infrastructure works have been executed in compliance with this consent and withCouncil’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003.

The certification must be supported by closed circuit television / video inspection provided on DVD of all stormwater drainage together with Works As Executed ngineering plans and a survey report detailing all finishede


Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: New building includes an altered portion of, or an extension to, an existing building. Standard Condition: F1

Street Numbering The development must be provided with street and sole occupancy unit numbers

ouncil. This condition has been imposed to ensure that emdetermined by C

any property. Further, this condition has been imposed to protect the integrity ofnumbering and land inform

Note: Applications for the allocation of stree

Council will determine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest. Standard Condition: F11

Letter Box(es) All letter boxes must be constructed and located in accordance with AS/NZS

Note This condition has been imposed to ensure that mail can be delivered to




G. ubdivision Certificate

G.1 If an appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining

e str nable an electricity substation to be established. The size and electricity substation is to be in accordance with the requirements of the

ergy authority and Council. The opening of any access doors are not to

f energy authority

Where an electricity substation is provided on the site adjoining the road boundary, the

easement

H.

“Specification for Roadworks, Drainage and Miscellaneous Works” ated January 2003 unless expressly provided otherwise by these conditions at the

a)

b) Driveways and vehicular crossings within the road;

d) New footpaths within the road;

relocation/provision of street signs

imum 75mm of friable growing medium and have a total cover of turf predominant within the street.

i) New or reinstated kerb and guttering within the road; and

Conditions which must be satisfied prior to the issue of any S

Electricity Substations – Dedication as road and/or easements for access

electricity substation, is required on the site the owner must dedicate to the

th eet alignment to elocation of the ppropriate ena

intrude onto the public road (footway or road pavement). Documentary evidence of compliance, including correspondence from the energy authority is to be provided to the Principal Certifying Authority prior to issue of the Construction Certificate detailing energy authority requirements.

he Accredited Certifier must be satisfied that the requirements oThave been met prior to issue of the Construction Certificate.

area within which the electricity substation is located must be dedicated as public road. Where access is required across the site to access an electricity substation anfor access across the site from the public place must be created upon the linen plans burdening the subject site and benefiting the Crown in right of New South Wales and any Statutory Corporation requiring access to the electricity substation. Standard Condition: G4

Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c))

H.1 Road Works (including footpaths)

The following works must be completed to the satisfaction of Council, in compliance with Council’sdprincipal contractor’s or owner’s expense:

Stormwater pipes, pits and connections to public stormwater systems within the road;

c) Removal of redundant driveways and vehicular crossings;

e) Relocation of existing power/light pole f)g) New or replacement street trees; h) New footway verges, where a grass verge exists, the balance of the area between

the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform min



j) New or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until

must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from compliance has been achieved with this condition. An application for refund of security

Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service

H.2 Land

All landscape work including all planting must be completed by the principal

he approved landscape plan, arborist report, ansplant method statement and tree management plan. The principal contractor or

ion from itect/designer, horticulturist and/or arborist as applicable to

e effect that the works as completed comply with this consent.

k is completed prior to the pation Certificate.

H.3 ydraulic Noise Control – Sound Insulation Rating of Services –Unit 7

tic Water,

han a kitchen) in any other sole occupancy unit y a weighted sound reduction index + traffic noise spectrum adaptation term of not

(bath H.4 commitments – Clause 154B of the Regulation

st be effected in accordance with the BASIX Certificate

No. 210825S.

Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A ng authority must not issue a final occupation certificate for a BASIX affected building to

which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is lled."

I. ent I.1

The n time while the mechanical

re noise hin the site, the noise level is measured from the

e level

centre. Standard Condition: H13

scaping

contractor or owner in compliance with ttrowner must provide to PCA a works-as-executed landscape plan and certificata qualified landscape archth

This condition has been imposed to ensure that all Landscaping worNote: issue of the Final OccuStandard Condition: H9

H Clause F5.6:of the Building Code of Australia (Ducts, Hot and Cold DomesStormwater, Soil and Waste Pipes) requires that one sole occupancy unit must be separated from habitable rooms (other tbless than 40 if it is adjacent to a habitable room, and 25 if it is adjacent to a wet area

room, laundry, etc) or kitchen.

Fulfillment of BASIX

All BASIX commitments mu

certifyi

required to monitor has been fulfi Standard Condition: H7

Conditions which must be satisfied during the ongoing use of the developm

Noise from mechanical plant and equipment

oise level measured at any boundary of the site at any plant and equipment is operating must not exceed the background noise level. Whe

sensitive receivers are located witnearest strata, stratum or community title land and must not exceed background nois

at any time.



The ackground noise level is the underlying level present in the ambient noise, ding the subject noise source, when extraneous noise is removed.

ondition has been imposed to protect the amenity of the neighbourhood.

bexclu This c Note: ion have the same meaning as in the:

NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf Words in this condit

)

.au/noise/nglg.htmISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government (http://www.environment.nsw.gov )

I.2

ll BASIX commitments must be maintained in accordance with the BASIX

bility measures ed for the life of development under this consent.

Standard Condition: I7

annual fire safety statement must be

: of the Regulation. Annual egulation. Part 9 Division 5

of this consent. Visit Council’s woollahra.nsw.gov.au

ISBN 1741370671 , dated December 2004. Standard Condition: I53

Maintenance of BASIX commitments ACertificate No. 210825S. Note: This condition affects successors in title with the intent that environmental sustaina

must be maintain I.3 nnual Fire Safety Statements (Class 1b to 9c buildings inclusive) A

Each year, the owner of a building to which an essential fire safety measure is applicable must provide an annual fire safety statement to Council and the

ommissioner of the NSW Fire Brigades. The Cprominently displayed in the building. Note Essential fire safety measure has the same meaning as in clause 165

fire safety statement has the same meaning as in clause 175 of the Rof the Regulation applies in addition to this condition at the date web site for additional information in relation to fire safety www. .

J.

K. K.1

c) to

d) its


Miscellaneous Conditions

Nil.

dvisings A

Dilapidation Report Condition Please note the following in relation to the condition for a dilapidation report: a) The dilapidation report will be made available to affected property owners on

requested and may be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development. Council will not be held responsible for any damage which may be caused adjoining buildings as a consequence of the development being carried out. Council will not become directly involved in disputes between the Developer, contractors and the owners of neighbouring buildings.



e) In the event that access for undertaking the dilapidation survey is denied the emonstrate in writing to the satisfaction of the Council that all

reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally. Standard Advising: K23

K.2 runing or Removing a Tree Growing on Private Property

ire that e. The aim is to

eserve the existing landscape within our urban nvironment.

y of the TPO from Council's website www.woollahra.nsw.gov.au

applicant is to d

P Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may requan application be made to Council prior to pruning or removing any tresecure the amenity of trees and pre Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a cop or

K.3

e. Failure to comply with other environmental laws is also a criminal

ffence.

) Issue Penalty Infringement Notices (On-the-spot fines);

breaching this consent; and/or ) Seek injunctions/orders before the courts to restrain and remedy any breach.

rn

you may contact Council on 9391-7000 for further advice. Standard Condition: K19

Criminal Offences – Breach of Development Consent & Environmental laws Failure to comply with this development consent and any condition of this consent is acriminal offenco Where there is any breach Council may without any further warning: ab) Issue notices and orders; c) Prosecute any person d Wa ings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this conseother environmental laws Council’s policy is to seek from the Court appropriatequiring the payments of its costs

nt or e orders

beyond any penalty or remedy the Court may order.

erson is subject to section 10 of the Crimes (Sentencing

Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction

rThis consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being recorded. If a penalty infringement notice is challenged in Court and the pfound guilty of the offence by the Court,

beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1



K.4 Dial before you dig

The principal contractor, owner builder or any person digging may be held financiaresponsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit

ww.dialbeforeyoudig.com.au

lly

w . When you contact Dial Before You Dig, you will be sent details of all Dial Before YoDig members who have underground assets in the vicinity of your proposed excavStandard Advising: K2

Commonwealth Disability

u ation.

.5 Discrimination Act 1992 (“DDA”)

st the law for public ce with this development

e

obtained from the Human Rights and Equal Opportunity

K The Disability Discrimination Act 1992 (DDA) makes it again

laces to be inaccessible to people with a disability. Complianpconsent, Council’s Access DCP and the BCA does not necessarily satisfy compliancwith the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”).

urther detailed advice can beFCommission (“HEROC”): a) http://www.hreoc.gov.au/index.html

) b http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3

K.6 SW Police Service and Road Closures

the oollahra local government area.

ll temporary road closure. g a partial or full temporary road closure you must comply with the

nsent and you must also gain the approval of the Traffic Station, 16 Jersey Road, Paddington. Phone No.:

ents Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution. Standard Advising: K4

N The Rose Bay Local Area Command closely aligns with the boundaries ofW Council and Police approval is required prior to a partial or fuIf you are seekinrelevant conditions of this co

ergeant, Paddington PoliceS0283568299 or Fax No.: 0283568211. Warning: If you partial or full close a road without compliance with Council and Police requirem


http://www.dft.nsw.gov.au/building.html


ers Licences and Owner Builders Permits

of the Act requires among other matters that the person having the benefit

K.7 Build Section 81Aof the sent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder

principal contractor (builder):

development con

of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find ahttp://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act

surance is in place before the commencement of building work. The Principal

videncing the contract of insurance under the Home Building Act 1989 for the

K.8

CA is primarily to ensure that the development proceeds in accordance with this

accor Inspestand SBN 0 734

development is a function of the quality of the principal contractor’s ervision of individual contractors and trades on a daily basis

velopment. The PCA does not undertake this role.

loaded from:

inContractor (Builder) must provide the Owners with a certificate of insurance eresidential building work. Standard Condition: K5

Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the Pconsent, Construction Certificates and that the development is fit for occupation in

dance with its classification under the Building Code of Australia. Critical Stagections do not provide the level of supervision required to ensure that the minimum ards and tolerances specified by the “Guide to Standards and Tolerances©” I7 6010 8 are achieved.

uality of any The qor owner builder’s supduring the de The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, POBox 972, Parramatta NSW 2124.

he Guide can be down Thttp://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner. Standard Condition: K6

K.9 orkcover requirements

The Occupational Health and Safety Act 2000 No 40

W

and subordinate regulations, codes of practice and guidelines control and regulate the development industry.



Note: Further information can be obtained from Workcover NSW’s website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their heLocation: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 43254145. Standard Condition: K7

ad office:

val, Repair or Disturbance

d or a friable asbestos material must old a current removal licence from Workcover NSW.

ust rrent

ir or disturbance of or to asbestos material must comply with:

al Health and Safety Act 2000;

in Buildings and Structures

e of l

Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the

K.10 Asbestos Remo

Anyone who removes, repairs or disturbs bondehBefore starting work, a work site-specific permit approving each asbestos project mbe obtained from Workcover NSW. A permit will not be granted without a cuWorkcover licence. All removal, repa ) The Occupationa

b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)];

) The Guide to the Control of Asbestos Hazardsd[NOHSC: 3002 (1998)] http://www.nohsc.gov.au/ ];

e) The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors. Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Cod

Practice and Guidance Notes on Asbestos. They are specifically referenced in the OccupationaHealth and

minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice.

Standard Advising: K8 K.11 ead Paint

r AS 4361.2–1998, Guide to Lead Paint Management—Residential and ommercial Buildings.

gn-writing and arking paints, and anti-corrosive paints. Lead was a major

the late 1800s to 1970. Most mes built before 1970 contain lead

L It is beyond the scope of this consent to provide detailed information about dealing withlead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, oC

rial paints, may contain lead. Lead is used in some specialised siIndustartist paints, and road mingredient in commercial and residential paints from

ustralian commercial buildings and residential hoApaint. These paints were used both inside and outside buildings.



Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be

aste ulative poison and even small levels in

severe effects. Standard Advising: K9

.12 Decommissioning of fire protection systems

Decommiss stems must be carried out by a technician authorised under the Ozone Protection Act 1989. Yellow portable fire extinguishers contain halon. From 31 December 1995, use or possession of these extinguishers without approval has been illegal.

Standard Advising: K12 K.13 Release of Security

An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from

http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf

contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated wmust be carried out with all care. Lead is a cumthe body can have

K

ioning of any Halon extinguishers and fixed flooding sy

Standard Condition: K15 K.14 Recycling of Demolition and Building Material

It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17




K.15 Model

If you submitted a model with the application it must be collected from the Council offices within fourteen (14) days of the date of this determination. Models not collected will be disposed of by Council. Standard Condition: K21

Annexure: Development Assessment Report submitted to the Development Control

Committee at its meeting on Monday 16 August 2010.

DEVELOPMENT CONTROL COMMITTEE

Meeting held on 30 August 2010 Item No. D3

MEMO TO ALL COUNCILLORS

File No. DA 32/2007/4

Address 27 Chamberlain Avenue ROSE BAY 2029

Proposal Internal and external modifications.

Date lodged 21/04/2010

Author MS L BAROUKH – ASSESSMENT OFFICER

Please note that Item D3 was called at the Application Assessment Panel meeting held on 17 August 2010 by Councillors Boskovitz & Young. Reason for Councillor Boskovitz calling item: - view loss as a result of the flagpole - other objectors concerns - loss of amenity for adjoining residents as a result of continual amendments and alterations to the

original plans Reason for Councillor Young calling item: - specifically want to raise that the matter concerning the front (western) balustrade which is heavily

bolded under "B" should also appear as a bulleted condition under C1 of "A" of the Recommendation.

Referred to you for action. Les Windle Manager - Governance Annexure: Application Assessment Report Dated: 17 August 2010

H:\Development Control Committee\AGENDAS\2010\Working Agenda\D3 memo.doc

DA 32/2007/4 Application Assessment Panel 27 Chamberlain Avenue ROSE BAY 17 August 2010


SECTION 96 APPLICATION ASSESSMENT REPORT ITEM No. D3

FILE No. DA 32/2007/4

27 Chamberlain Avenue ROSE BAY Lot & DP No.: LOT: 9 SEC: C DP: 6048 Side of Street: Eastern Site Area (m²): 704.8m²

PROPERTY DETAILS

Zoning: Residential 2(a)

EXISTING CONSENT:

Alterations and additions to the existing dwelling house

TYPE OF CONSENT:

Local Development

DATE OF CONSENT: 10 September 2007

PROPOSED MODIFICATION:

Internal and external modifications

DATE S96 LODGED: 21/04/2010

CONSENT AUTHORITY: Council

APPLICANT:

Mr R Wassef

OWNER:

Consul General Of The Arab Republic Of Egypt

AUTHOR:

Ms L Baroukh


subject site

objectors

north

1. SUMMARY Reason for report

• Objector’s concerns Issues

• Objector’s concerns • Views • Unauthorised works

Objections The subject section 96 proposal was notified in accordance with Council’s Advertising and Notifications DCP. Submissions were received from two (2) neighbouring properties. Recommendation The Section 96 application is recommended for conditional approval because it:- 1. is substantially the same development; and 2. satisfies the objectives of the relevant planning standards contained in WLEP 1995 and

WRDCP 2003 H:\Development Control Committee\AGENDAS\2010\Working Agenda\D3.doc 2



2. DESCRIPTION OF APPROVED PROPOSAL The approved development involves the following works: - • minor works to the existing basement level including a new pedestrian entrance, staircase,

lobby and garage modifications • wall modifications to the lower ground floor level to establish a maid and guard’s room, the

relocation of the laundry and bathroom and the deletion of one bedroom • the removal of several walls within the ground floor to incorporate combined living spaces

and the deletion of bedroom 1 • a new staircase and the deletion of the covered terrace at the front of the ground floor level • a new first floor level comprising three bedrooms, a sitting room and front and rear terraces 3. PREVIOUS APPROVED MODIFICATIONS DA 32/2007/2 was approved on 1 April 2008 by the Application Assessment Panel and involved the following works: • reconfiguration of the parking and entrance foyer arrangements within the garage/basement

level including the deletion of one driveway and vehicle crossover • the rearrangement of two access stairways connecting the western terraces at the front of the

lower ground and ground floor levels • the establishment of an internal staircase within the lower ground floor level • the enclosure of the south eastern corner of the lower ground floor level as per the existing

layout of the building and prior to the original approval and the inclusion of a new bathroom • the deletion of the existing awning over the front terrace on the ground floor level and its

replacement with a solid vergola • minor modification to the roof over the front terrace within the first floor level • the addition of three windows to the northern elevation of the first floor level comprising

obscure blocks • the addition of a window to the rear elevation of the first floor level allowing light to the

staircase • various internal room reconfigurations DA 32/2007/3 was approved on 30 September 2009 under Delegated Authority and involved the following works: • Basement level

- Extension of masonry wall to enclose existing staircase

• Lower ground floor level

- Replacement of previously existing angled wall - Storage of air conditioning equipment in existing undercroft space - Reconfiguration of toilet to provide access to undercroft space - New external door to provide access to undercroft space - Reconfiguration of guards bathroom - Reconfiguration of existing service entry - Swimming pool fencing and screens to existing rear windows - Relocation of swimming pool equipment


• Ground floor level

- Privacy screen to existing external stair - Replacement of sliding doors to east and west elevations with stacked sliding doors - Reconfiguration of kitchen layout - Adjustment of size and location of kitchen windows - Timber retaining wall to north-east garden area

• Top floor level

- Reconfiguration of bathroom wall.

4. DESCRIPTION OF PROPOSED MODIFICATIONS The Section 96 proposal involves the following modifications: • Installation of flag pole in the north western part of the site. • Obscure glazing to privacy screens on the north and south elevation of the front terrace. • Deletion of privacy screen to external stair. • Installation of sun shades to windows on the northern and eastern elevations. • Alterations to front façade including tiling, new security gate and electricity and gas meter

recess. • Reconfiguration of landscaped area in the northern part of the site. The Section 96 proposal incorporates the following unauthorised works: • Masonry balustrade in lieu of the approved glass balustrade to external stair. • Masonry front (western) balustrade to a height of 1m, in lieu of the approved 0.8m masonry

balustrade with 0.2m open balustrade atop. The plans and elevations are attached as Annexure 1. 5. DESCRIPTION OF SITE OF LOCALITY

Subject site

Objectors

North




THE SITE AND LOCALITY

Physical features

The subject site is located on the eastern side of Chamberlain Avenue. The site is rectangular in shape, with a western frontage to Chamberlain Avenue and eastern (rear) boundary 15.24m in length and side boundaries 46.25m in length. The total site area is 704.8m².

Topography The site rises from the front boundary towards the middle of the site by approximately 6.0m. This is accommodated via the establishment of a retaining wall to the street frontage. It falls from the middle of the property to the rear boundary again by approximately 2.2m.

Existing buildings and structures

The approved dwelling is currently under constructuion.

Environment The surrounding streetscape is characterised by a variety of one, two and three-storey dwelling houses on medium sized allotments.

6. PROPERTY HISTORY See ‘Section 3 – Previous Approved Modifications” for details. 7. REFERRALS No referrals required.

ASSESSMENT UNDER SECTION 96 8. Assessment Under S96 8.1 S96 (2) Other modifications The proposed modifications will impact on the amenity of adjoining property owners and the environment. The degree and merits of the impact will be discussed under the relevant heads of consideration below. Accordingly, the proposal falls under the ambit of Section 96(2). 8.2 Substantially the same development The development consent as proposed to be modified is considered to be substantially the same development as that for which consent was originally granted. This opinion is based on the fact that the modifications are relatively minor when compared to the scope of the approved alterations and additions to the existing dwelling-house. 8.3 S96 (2) (b) Consultation with Minister, public authority or approval body Not applicable. 8.4 Threatened species Not applicable.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings:



9. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 9.1 SEPPs SEPP 55 - Remediation of Land Under Clause 7(1)(a) of SEPP 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the initial site evaluation provided by the applicant indicates the land does not require further consideration under Clause 7(1)(b) and (c) of SEPP 55. SEPP (Building Sustainability Index: BASIX) 2004 SEPP (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The Section 96 application (DA 32/2007/2) was accompanied by revised BASIX Certificate No. A26838 committing to environmental sustainability measures. The extent and scope of the proposed modifications are such that the need for an updated BASIX is not required. 9.2 REPs Sydney Regional Environmental Plan The land is within the Sydney Harbour Catchment, but is outside the Foreshores and Waterways Area. There are therefore no specific matters for consideration in relation to this development application. 9.3 Section 94 contribution Not applicable. 9.4 Other relevant legislation No other legislation is applicable to this application. 10. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 10.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(a) zone. 10.2 Statutory compliance table Site Area: 704.8m² Approved

Development Proposed

Modification Control Complies

Overall Height 12.6m 9.4m 9.5m YES



10.3 Height Under the provisions of Clause 12 of the WLEP 1995, a maximum height control of 9.5m applies to the subject site. With a maximum height of 9.4m the proposed modifications would accord with Council’s statutory height requirement. Furthermore, the proposed modifications are considered to uphold the objectives underlying the height standard contained in Clause 12AA of the WLEP 1995. 10.4 Other special clauses/development standards Clause 18 Excavation of land: The section 96 proposal is acceptable in terms of Clause 18. Clause 25 Water, wastewater and stormwater: The section 96 proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. 11. DEVELOPMENT CONTROL PLANS 11.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003

Site Area (704.8m²) Existing Proposed Control Complies

Ancillary Development (Flagpole) Maximum Height Rear Setback (east) Side Setback (north) Side Setback (south)

- - - -

5.2m

41.8m 2.9m 12m

3.6m 1.5m 3m 3m

NO YES NO YES

Site analysis performance criteria (Part 3) Adequate site analysis documentation has been provided and the development is satisfactory with regard to its relationship with the neighbourhood and the street. Desired future precinct character objectives and performance criteria (Part 4) The subject site is located in the Rose Bay precinct. The proposed modifications are considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 4 of WRDCP 2003. Streetscape performance criteria (Part 5.1) The proposed modifications are considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.1 of WRDCP 2003. Building size and location performance criteria (Part 5.2) Ancillary Development - Flag pole C5.2.4 stipulates that ancillary development to a maximum height of 3.6 meters may be permitted within the area designated as the rear setback if all other policy controls are satisfied. A minimum 1.5m rear setback applies. C5.2.5 requires a side boundary setback of 1.5m increased on a pro rata basis by 0.5m for each metre of part thereof the building height adjacent to the boundary exceeds 3m.



The owner of No.29 Chamberlain Avenue has objected to the proposed flag pole. The flag pole is proposed to be sited in the front yard (terrace). The proposed flag pole, being 5.2m in height and setback 2.9m from the northern side boundary and 12m from the southern side boundary, involves non-compliances with the height and side setback control for ancillary development. The non-compliance with the height control is considered to be satisfactory as the flagpole does not result in a significant impact on the sharing of views, privacy and sunlight access for neighbouring residents. In order to achieve compliance with the setback control for ancillary development, the flagpole is to be setback 3m from the northern side boundary in accordance with C5.2.5 of WRDCP 2003 (subject to Part A of the Recommendation). No adequate justification for the setback breach was provided by the applicant. Sunshades C5.2.6 stipulates that when the distance to the side boundary is not less than 1.5m, screens or sunblinds may encroach beyond the side setbacks without restriction. Encroachments are not permitted where significant views and vistas will, in the Council’s opinion, be detrimentally affected. The sunshades are proposed to be fixed to three windows on the northern elevation and one window on the eastern elevation. The dwelling is setback a minimum of 1.5m from the side boundary. The proposed sunshades have a depth of 0.3-0.4m and are permitted beyond the side setback without restriction. It is considered that the proposed sunshades will not have an impact on views and sunlight access enjoyed by the adjoining properties and are therefore acceptable. Balustrade The owner of No.25 Chamberlain Avenue has objected to the masonry balustrade to the staircase. When compared with the approved 1.9m high solid privacy screen to the staircase, it is considered that the masonry balustrade (which has a maximum height of 1.2m) results in a reduced impact on the amenity of the adjoining property. The masonry balustrade, coupled with the deletion of the 1.9m high privacy screen to the stair, is considered to be satisfactory with regard to the amenity of the streetscape and the adjoining property. The proposed modifications are considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.2 of WRDCP 2003. Views performance criteria (Part 5.5) The provisions of Part 5.5 of WRDCP 2003 require the protection and enhancement of public views and to encourage view sharing as a means of ensuring equitable access to views from private dwellings. The owner of No.25 Chamberlain Avenue has objected to the proposal on the grounds of view loss, resulting from the unauthorised increase in the height of the brick parapet on the western elevation to 1m. The wall was approved to an overall height of 1m (0.8m solid masonry brick wall and 0.2m open balustrade). Private Views Objective O5.5.2 encourages ‘view sharing as a means of ensuring equitable access to views from dwellings’ and C5.5.6 requires that new ‘building forms enable a sharing of views with surrounding residences, particularly from the main habitable rooms of surrounding residences.’



The principles of view sharing set out by the Land and Environment Court in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 pars 23-33. The court adopted a four step assessment view sharing. The steps are as follows: 1. The assessment of the views affected 2. Consideration from what part of the property views are obtained 3. The extent of the impact; and 4. The reasonableness of the proposal that is causing the impact 1. What views will be affected? The Court said: "The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured." No.25 Chamberlain Avenue benefits from a partial water view of Sydney Harbour and the interface between land and water is visible from the front (western) balcony. The view is partially obstructed by trees and the roofs of surrounding dwellings. The view does not include any iconic elements and would be described as a partial view. The property benefits from a water view from the living room and this would be described as a partial view as it is obscured by a column on the balcony and the surrounding trees. Given that the balustrade has already been constructed 200mm higher than originally approved, an assessment of the previous view was conducted by standing on 2 bricks, which approximates the height increase of the balustrade. 2. From what part of the property are views obtained? The Court said: "The second step is to consider from what part of the property the views are obtained. For example, the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic." This principle is consistent with the provisions of control C5.5.6 of WRDCP. This control places greater weight on views enjoyed from the main habitable rooms of surrounding residences, because these are places where people tend to spend much of the waking hours. The view in question is primarily obtained when standing on the front (western) balcony, which is located at ground floor level. The view is also visible from the living room, which is accessible from the balcony. This view is given greater weight as it is obtained from a habitable room, which is frequently used by the residents of the dwelling. The works do not have an impact on the views from the first floor level of the dwelling.


View from balcony

View from living room



3. What is the extent of the impact? The Court said: "The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating." The increase in the height of the balustrade involves some view loss from part of the first floor balcony. When standing on the northern side of the balcony, a significant part of the water view is obscured whilst the view of the landscape in the background is maintained. When standing in the central part of the balcony the water view is maintained. From the living room, the water view is entirely obscured as shown in the photo below. The view loss from the balcony and living room would be described as moderate. The view loss when assessed for the whole of the property would be described as minor, given that views from the other parts of the property are not affected.

Obscured view from the balcony



Obscured view from the living room

4. What is the reasonableness of the proposal that is causing the impact? The Court said: "The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable." The Court poses two questions in Tenacity Consulting v Warringah (2004) NSWLEC 140 (paragraphs 23-33). The first question relates to whether a non-compliance with one or more planning controls results in view loss. The second question posed by the Court relates to whether a more skilful design could provide the same development potential whilst reducing the impact on views. The proposal involves increasing the height of the solid masonry balustrade from 0.8m to a height of 1m. This is inconsistent with the approved balustrade which is solid to a height of 0.8m, with an open balustrade atop (0.2m) to a maximum height of 1m. It is considered that reducing the height of the solid wall to 0.8m with a glass balustrade atop, would reduce the impact of the balustrade on the views from the neighbouring property. Subject to Part B of the Recommendation requiring modification of the front balustrade, it is considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.5 of WRDCP 2003.




Energy efficiency performance criteria (Part 5.6) The proposed modifications are considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.6 of WRDCP 2003. Acoustic and visual privacy performance criteria (Part 5.8) Privacy screens to front terrace The owner of No.29 Chamberlain Avenue has objected to the proposal on the grounds of loss of privacy as a result of change of material of the fixed privacy screen on the northern elevation to frosted glass. Condition C.1 of DA 32/2007/2 required the following:

“the introduction of a fixed privacy screen, to a minimum height of 1.7m, on the northern and southern elevations of the front terrace on the first floor level”

An obscure glazed privacy screen has been provided to the northern and southern elevations of the front terrace on the first floor level to a height of 1.7m. It is considered that the privacy screen is consistent with DA 32/2007/2 and addresses the privacy impacts on No.29 Chamberlain Avenue. Privacy screen to staircase The proposed modifications involve the deletion of the privacy screen to the staircase which was approved under 32/2007/3. The external staircase functions as a thoroughfare and does not create any significant opportunities for loitering. As such, the deletion of the privacy screen will not result in any unsatisfactory impacts on the privacy of No.25 Chamberlain Avenue. Given that the owner of No.25 Chamberlain Avenue has objected to the bulk of the masonry staircase, it is considered that the approved 1.9m high solid privacy screen would only further increase the bulk of the staircase and result in an adverse impact on the amenity on the streetscape and the adjoining properties. The deletion of the privacy screen to the staircase will reduce the sense of bulk and sense of enclosure created by the staircase, while maintaining an acceptable privacy outcome for No.25 Chamberlain Avenue. As such, the proposed modifications are considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.8 of WRDCP 2003. 12. APPLICABLE REGULATIONS None relevant. 13. Unauthorised Works The subject S96 Application involves the following unauthorised modifications to the consent:

• Masonry balustrade in lieu of the approved glass balustrade to external stair. • Masonry front (western) balustrade to a height of 1m, in lieu of the approved 0.8m masonry

balustrade with 0.2m open balustrade atop. Council has discretion in deciding whether to take enforcement action on the basis of the available evidence and the circumstances of the individual case. At the conclusion of an investigation, Council may have one or more of the following options;



• Take no action; • Counsel the alleged offender; • Issue a formal letter of warning; • Commence criminal proceedings; and • Commence civil proceedings. With regard to disciplinary action, Part C of the recommendation facilitates the referral of the matter to Council's Manager-Compliance to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979. Legal advice has been received advising that Council is able to grant retrospective approval to Section 96 applications involving unauthorised work where such work is acceptable on merit and are substantially the same as the original development consent. It is considered that the unauthorised works, as recommended to be modified by Part B of the recommendation, satisfy both considerations and therefore it is recommended that Council approve the works retrospectively subject to the terms prescribed under Part B of the recommendation. 14. THE SUITABILITY OF THE SITE The site is considered to be suitable for the proposed development, subject to conditions. 15. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. 2 submissions were received from:

• Edith and Shanthi Wimalaratna, 29 Chamberlain Avenue, Rose Bay • Charles and Sylvia Enfield, 25 Chamberlain Avenue, Rose Bay

The objections raised the following issues:

• Masonry balustrade to stair This issue is addressed within the building size and location performance criteria section of the report. • Loss of views This issue is addressed within the views performance criteria section of the report. • Sense of enclosure This issue is addressed within the building size and location performance criteria section of the report. • Location of flag pole This issue is addressed within the building size and location performance criteria section of the report. • Loss of privacy This issue is addressed within the acoustic and visual privacy section of the report.



16. DISCLOSURE STATEMENTS Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 17. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s96 and s79C. 18. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and

Assessment Act, 1979 A. THAT Council, as the consent authority, modify development consent to Development

Application No. 32/2007 part 4 for internal and external modifications on land at 27 Chamberlain Avenue Rose Bay, in the following manner:

The addition of the following condition: A.3(c) Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the use and works in accordance with the approved plans and supporting documents listed in the original consent, as amended by the amended approved plans and supporting documents as submitted by the Applicant and to which is affixed a Council stamp “Approved Section 96 Plans” listed below otherwise than modified by further condition(s). Where the plans relate to amendments, alterations or additions only those works shown in colour or highlighted are approved.


Drawing No’s: S-96-01, S-96-02

Architectural Plans S & S Malik Architects Pty Ltd 15 April 2010

Note: These plans and supporting documentation may be subject to conditions modifying the development

imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A6 The modification of the following condition:

C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail: - • the existing timber decking between the rear boundary and swimming pool is to be

replaced with a deep soil landscaped strip and planted with 2 x Elaeocarpus reticulatus’ (Blueberry Ash). A revised landscape plan is to reflect this requirement



• the introduction of a fixed privacy screen, to a minimum height of 1.7m, on the northern and southern elevations of the front terrace on the first floor level

• the RL of the proposed dwelling (including roof overhangs, eaves upturns) to not exceed 69.27

• the staircase on the southern side of the front terrace on the ground floor level is to be designed in accordance with the Building Code of Australia but is not to incorporate any landing within the staircase

• the window to the ensuite in the south eastern corner of the lower ground floor level is to have a minimum sill height of 1.7m

• The flagpole is to be setback 3m from the northern side boundary in accordance with C5.2.5 of WRDCP 2003.

Note: The effect of this condition is that it requires design changes and/or further information to be provided

with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act.



B. THAT, as the unauthorised works as recommended to be modified, are considered to be

satisfactory with regard to the relevant objectives and controls of Woollahra Local Environmental Plan 1995 and Woollahra Residential Control Plan 2003, Council take no action to require these works to be removed subject to the owners making an application for, and Council issuing, a building certificate under Section 149A-149G of Environmental Planning and Assessment Act 1979 for the works.

The required building certificate application is to be submitted to Council following the completion of the following modifications to the front balustrade (masonry wall):- • The front (western) balustrade shown on the Lower Ground Floor plan is to have a

maximum overall height of 1m; the balustrade is to be solid masonry to a maximum height of 0.8m with a transparent glass panel atop with a maximum height of 0.2m

The required building certificate application is to be submitted to Council within 28 days and is to be accompanied by the following:

• Full works as executed plans, duly coloured showing the works that have been

undertaken without Council consent; • Α certificate from a practising structural engineer certifying the structural adequacy of

the works that have been undertaken without Council consent; and • Α survey report prepared by a registered surveyor, documenting the level and location

of the works relative to the boundaries of the site.

C. THAT this matter be referred to the Manager – Compliance to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s Policy on Unauthorised Uses, Buildings and Works for failure to obtain Council’s consent prior to carrying out the unauthorised works.


Ms L Baroukh Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES Plans and elevations


DA 59/2010/1 Woollahra Council Development Control Committee 12 Dover Road ROSE BAY 30 August 2010


DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. D4

FILE No. DA 59/2010/1

PROPERTY DETAILS:

Section of Dover Road footway adjacent to 12 Dover Road, Rose Bay

PROPOSAL: Footway restaurant consisting of nine (9) tables and eighteen (18) chairs

TYPE OF CONSENT:

Local development

OWNER: APPLICANT:

Woollahra Council Peter Zaverdinos

DATE LODGED:

19/02/2010

AUTHOR:

Mr D Barber

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO

1. RECOMMENDATION PRECIS The application is recommended for conditional approval.

2. LOCALITY PLAN

Subject Site Objectors

North

Locality Plan

In addition submissions were received from: Silvia Paris - 6 Gilliver Avenue, Vaucluse Cameron Hoy - 37 Robert Street, Rose Bay George Cotsios - 7 Kings Road, Vaucluse



3. DESCRIPTION OF PROPOSAL The proposal involves the following:

• Footway restaurant consisting of nine (9) tables and eighteen (18) chairs on a section of the Dover Road footway adjacent to the restaurant ‘Deli’ at 12 Dover Road, Rose Bay

• Seating safety barriers • A-frame signage

Note: Condition No 6(a) of the recommendation requires the deletion of seven (7) tables and fourteen (14) chairs; specifically being the deletion of the four tables and eight chairs to south of the footpath, the two tables and four chairs to the eastern end side of the shop frontage and the one table and two chairs to the western most side of the shop frontage. Condition No 6(b) of the recommendation requires the deletion of the proposed A-frame sign and safety barriers on the pedestrian footpath.

4. SUMMARY

Reasons for report Issues Submissions The DA does not satisfy the criteria for determination under staff delegation.

Eight (8) submissions were received.

• Objector’s concerns • Pedestrian access

5. ESTIMATED COST OF WORKS The applicant’s estimated cost of the proposed development at $3,000.00 has been checked using Council’s adopted practice and is considered to be accurate.



6. DESCRIPTION OF SITE OF LOCALITY

2/809-823 New South Head Road, Rose Bay 20/809-823 New South Head Road, Rose Bay 27/809-823 New South Head Road, Rose Bay


Physical features The subject section of footway is located on the northern side of Dover Road. Located within the subject section of footway is a bus stop bench and post office bay.

Topography The subject site is flat in nature. Existing buildings and structures The adjacent property associated with the proposal is a single storey building containing a Deli.

Environment There are a mix of ground floor retail and commercial premises and low and high rise residential flat buildings.

7. PROPERTY HISTORY PROPERTY HISTORY

Current use Unzoned (footpath) adjacent to a building accommodating a café “deli’ on the ground floor level.

Previous relevant applications Development Application No 603/2005/1 for a footway restaurant consisting of 4 tables & 16 chairs was approved by Council on 27 April 2006, subject to Condition No 8 requiring the number of tables not to exceed three with four chairs per table (maximum of 12 chairs). Development Application No 521/2009/1 for a footway restaurant consisting of 2 tables and 4 chairs adjacent to 14 Dover Road was approved by Council on 9 December 2009.

Pre-DA None. Requests for additional information On 1 March 2010, the following information was requested by Council’s

Environmental Health Officer: • Further information regarding the total number of people to be

accommodated on the premises in order to calculate the number of sanitary facilities required on the premises

Amended plans/ Replacement Application

None.

Subject site

In addition submissions were received from: • 6 Gilliver Avenue, Vaucluse

Europan - 10A Dover Road, Rose Bay • 37 Robert Street, Rose Bay The Bay Boutique -10C Dover Road, Rose Bay • 7 Kings Road, Vaucluse



Land & Environment Court appeal None.

8. REFERRALS 8.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS Referral Officer Comment Annexure

Environmental Health Council’s Environmental Health Officer has commented on the proposal and recommended approval, subject to conditions. 2

Fire Safety Council’s Fire Safety Officer has commented on the proposal and recommended approval. 3

8.2 The following table contains particulars of external referrals. No external referrals required.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings:

9. STATE/REGIONAL INSTRUMENTS AND LEGISLATION 9.1 SEPPs SEPP 22 – Shops and Commercial Premises in Commercial Zones The proposal is considered to be satisfactory with regard to the relevant objectives under Clause 3 and the relevant provisions under Clause 6 of the Plan. 9.2 REPs SREP (Sydney Harbour Catchment) 2005 The provisions of Clauses 25 and 26 of this instrument require Council to consider the visual impact that a development proposal will have upon Sydney Harbour and adjoining foreshore areas and the likely impact upon available views to and from Sydney Harbour. The proposed footway restaurant will not be visible from Sydney Harbour and adjacent foreshore areas nor obstruct any views to and from Sydney Harbour and as such, is considered to be satisfactory with regard to the provisions of SREP. 9.3 Section 94 contribution Not applicable due to the cost of works.



10. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 10.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and subject to Conditions, is consistent with the aims and objectives of the LEP and the adjoining General Business 3(a) zone. 10.2 Other special clauses/development standards Clause 16 - Development of land uncoloured on the land use map: The section of footway on which the proposed footway restaurant is to be situated on is part of the uncoloured section of the land use map associated with Woollahra LEP 1995. The provisions of Clause 16 requires the development to be compatible with the nature of development permissible on neighbouring land (Business General 3 (a) zone) and is to be consistent with the objectives of Woollahra LEP 1995 and the objectives of the adjoining zone. Subject to Conditions, the proposed footway restaurant is compatible with the uses that are permissible within the neighbouring Business General zone including restaurants, shops and mixed developments. Further, the proposal is consistent with the aims and objectives of the LEP and the adjoining Business General 3 (a) zone. Clause 19 - HFSPA: These provisions require the consideration of the visual impact of development upon Sydney Harbour and adjacent foreshore areas. The proposed footway restaurant will not be visible from Sydney Harbour and adjacent foreshore areas and therefore will not have any visual impact upon Sydney Harbour or the foreshore areas. Clauses 27 - Development in the vicinity of heritage items: Clause 27 requires Council to consider the likely impact of a proposed development upon the heritage significance of any adjoining heritage item. The subject premise is in the vicinity (approximately 21m) of the heritage listed Rose Bay Hotel (805-807 New South Head Road). Council's Heritage Officer has raised no objection to the proposal on heritage grounds. Accordingly, the proposal will not have any adverse impact upon the heritage significance of the Rose Bay Hotel and is considered to be acceptable with regard to Clause 27 of WLEP 1995.

11. DRAFT AMENDMENTS TO STATUTORY CONTROLS None relevant.

12. DEVELOPMENT CONTROL PLANS 12.1 Rose Bay Centre DCP Urban structure – objectives The subject site is located within the Core Area of the Rose Bay Centre. Objective (ii) of Part 3.2.4 aims to improve pedestrian amenity throughout the Centre. Subject to Condition No 6, the proposed outdoor seating is considered satisfactory with the above mentioned objective for the following reasons:



• The proposed location of the footpath restaurant is satisfactory in terms of amenity for patrons

• Adequate pedestrian access is provided • The proposal is considered satisfactory with regard to the provisions of Council's Footway

License Policy and Procedures • The proposal provides for adequate access including for persons with disabilities both to the

outdoor eating area and for the general public and complies with the provisions of the Woollahra Access DCP

Street character strategies The subject site is located within the Dover Road street section under Part 4.4. The strategy for the Dover Road street section aims to create a distinctive framed urban shopping street, defined by retail frontage at street level, with buildings above set back on terraces above, to improve visibility to the Rose Bay Hotel. The proposed outdoor seating is considered to be satisfactory with regard to this strategy. Signage and adverting Part 6.3.9 stipulates advertising signs are not permitted on public footpaths. The proposal involves the provision of an A-frame sign and safety barriers incorporating signage on the footpath which contravenes the above control. This non-compliance is addressed by Condition No 6(b) which requires the deletion of the proposed A frame sign and safety barriers from the scheme. Visual & acoustic privacy Design principal Part 6.4.8 aims to ensure adequate visual and acoustic privacy to residential apartments in the centre and private open spaces. The proposed outdoor seating is considered satisfactory with the above mentioned design principal for the following reasons:

• Subject to Condition No 8, that the proposed use does not give rise to the transmission of offensive noise to any place of different occupancy

• The proposed hours or operation for the café and outdoor seating (7am-5pm, 7 days a week) is consistent with the hours of operation of other uses within the business zone

• Subject to Condition No 6(a), the proposed outdoor seating area will accommodate two (2) tables and four chairs (4). The intensity of use of the area is not such that it is likely to unduly impact on the acoustic privacy of existing or future residents

Outdoor eating Design principal 6.3.10 of outdoor eating states:

‘Outdoor eating has the potential to enhance the village character of the Centre by contributing to the liveliness of the streets and other outdoor places. Outdoor eating establishments are encouraged where they provide a pleasant outdoor eating environment in suitable locations with minimal disturbance to pedestrian circulation.’

The proposed location of the footway restaurant is considered to be satisfactory in terms of amenity for patrons. Adequate pedestrian access is provided in the form of a 2.4-2.7m wide section of unobstructed footpath.



Further, the objectives of the ‘Footway License and Procedures Policy’ are to ensure that any activity on Council's footway:

1. Contributes to the improvement of the streetscape 2. Provides attractive and safe surroundings in which people may enjoy food and

refreshments 3. Does not adversely affect surrounding properties 4. Does not obstruct pedestrian traffic

The following comments are made in relation to the above-mentioned outdoor seating design principal and objectives of the ‘Footway License and Procedures Policy’:

• The subject location is attractive due to the presence of street trees and high visual quality commercial and residential buildings

• Subject to Condition No 6, the proposed tables and chairs are considered to be satisfactory in terms of visual amenity

• The proposed footpath restaurant will improve the liveliness of the locality which is considered to be desirable under the provisions of Council's Rose Bay Centre DCP

• Subject to Conditions No 7 & 11, the proposal is considered to be satisfactory by Council’s Senior Environmental Health Officer in relation to sanitary issues

• Subject to Condition No 9 limiting hours of the footpath restaurant to 7am-5pm, 7 days a week, the proposal will not have any significant adverse impact upon the amenity of surrounding residential properties

• Subject to Condition No 6, the proposed location of the footpath restaurant is considered to be satisfactory in terms of amenity for patrons. Adequate pedestrian access is provided in the form of a 2.4-2.7m wide section of unobstructed footpath

The above-mentioned conditions address a number of the requirements stipulated under the Policy. In relation to other matters for consideration stipulated under the Policy, the following comments are provided:

• Section 6 (d) requires the total available footway width to be not less than 3.6m in addition to the requirement that a minimum unobstructed passage of 1.8m be maintained. The subject section of footway has a width of 3.7m. Further, a minimum of 2.4m of unobstructed footway passage will be maintained subject to Condition No 6(a) requiring the deletion of seven (7) tables and fourteen (14) chairs

• Council's Development Engineer raises no objection to the proposal on the basis of the state of the footpath, traffic generation or off-street car parking demand

• Condition No 4 requires the applicant to enter into an appropriate license agreement with Council

• Condition No 7 requires appropriate conduct of business as stipulated under Section 14 of the Policy

• Condition No 4 requires the consent of Council prior to an application for an On License/ Restaurant Permit (under the Liquor Act) as stipulated under Section 17 of the Policy

Subject to the above-mentioned conditions, the proposal is considered satisfactory with regard to the provisions of Council's ‘Footway License Policy and Procedures’ and Section 6.3.10. 12.2 Woollahra Access DCP Subject to Conditions, the proposal accords with the provisions of this DCP.



12.3 Other DCPs, codes and policies None relevant. Woollahra DCP for Off-Street Car Parking Provision and Servicing Facilities The provisions of this Policy calculates additional off-street car parking demand based upon the gross floor area of a proposal. The proposed outdoor seating does not constitute additional gross floor area and therefore does not technically require any additional off-street car parking provision. Whilst Section 7 of Council's previous “Code for Footpath Restaurants” required additional off-street car parking to be provided for the outdoor seating area (0.24 of a space in this instance), no such provision is contained within Council's current Footway License Policy and Procedures which superseded the former Code.

13. APPLICABLE REGULATIONS All likely impacts of the proposal have been addressed previously.

14. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts have been addressed elsewhere in the report.

15. THE SUITABILITY OF THE SITE Subject to Condition No 6, the subject area of footpath is considered suitable for the proposed outdoor eating area.

16. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Eight (8) submissions were received from:

1. Marie Wilson - Shop 2, 809-823 New South Head Road, Rose Bay 2. Silvia Paris - 6 Gilliver Avenue, Vaucluse 3. Cameron Hoy - 37 Robert Street, Rose Bay 4. Mrs I A Stogdale – 20/809 New South Head Road, Rose Bay 5. George Cotsios - 7 Kings Road, Vaucluse 6. Manuela O'Toole, The Bay Boutique - 10C Dover Road, Rose Bay 7. E Lewin - 27/809 New South Head Road, Rose Bay 8. Europan – 10A Dover Road, Rose Bay

The objectors raised the following issues:

• Inadequate footpath access for pedestrians including persons with disabilities, strollers and shopping trolleys

• The subject section of footpath is too busy to facilitate the outdoor seating • Approval of the application would set a precedent for other businesses in the locality • Inadequate details were provided of the proposed outdoor seating • The subject section of footpath is too busy to facilitate the outdoor seating



The above-mentioned concerns have been addressed previously with exception of the following: Approval of the application would set a precedent for other businesses in the locality Any development application for a footpath restaurant elsewhere in the locality will be assessed on its own merit against the relevant planning controls. Inadequate details were provided of the proposed outdoor seating Council has determined that the submitted plans and documentation provide sufficient information to enable Council to assess the development application.

17. CONCLUSION The proposal is acceptable against the relevant considerations under s79C.

18. DISCLOSURE STATEMENTS Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission.

19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to Development Application No. 59/2010 for new outdoor seating including 2 tables and 4 seats on the footpath adjacent to shop 12B, 12 Dover Road Rose Bay, subject to the following conditions: 1. Conditions


2. Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited.



BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: • The collection of stormwater, • The retention of stormwater, • The reuse of stormwater, • The detention of stormwater, • The controlled release of stormwater; and • Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: • the use of land in connection with development, • the subdivision of land, • the erection of a building, • the carrying out of any work, • the use of any site crane, machine, article, material, or thing, • the storage of waste, materials, site crane, machine, article, material, or thing, • the demolition of a building, • the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land,



• the delivery to or removal from the site of any machine, article, material, or thing, or • the occupation of the site by any person unless authorised by an occupation certificate.

Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any

condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2

3. Approved Plans and supporting documents


Reference Description Drawn Date

Plan No A01 Outdoor Seating Plan Archicorp Architects and Project Managers February 2010 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped

approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.


Standard Condition: A5 4. License Agreement

Prior to any footpath seating or tables being installed on the footway the person with the benefit of the consent must enter into a license agreement with Council to use the footway area. Notes relating to footway restaurants: a. A maximum term of 7 years applies to the granting of a licence for the use of the footway b. Council may impose conditions, additional to those contained in the development consent, to the granting

of a licence. c. Council reserves its right as land owner to not enter into a licence agreement even where development

consent has been obtained. d. The licence will set out the rent which will be required to be paid to Council for the use of the public

footway. The rent will be calculated having regard to the proposed commercial activity and will be based on valuations obtained by Council from an independent valuer. Failure to pay the rent may result in termination of the licence.

e. Application forms are available from Council’s Customer Service Centre and from Council’s website at www.woollahra.nsw.gov.au

5. Prescribed Conditions

Prescribed conditions in force under the Act and Regulation must be complied with. Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed

conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.auStandard Condition: A30

http://www.legislation.nsw.gov.au/



6. Configuration of footway restaurant/reduction to the number of seats In accordance with Section 6(d) of the Woollahra Footway License Policy and Procedures and in order to ensure an unobstructed footpath width of 1.8m for pedestrians the following items are to be deleted:

a) Deletion of seven (7) tables and fourteen (14) chairs, specifically being the:

• Deletion of the four tables and eight chairs to south of the footpath • Deletion of the two tables and four chairs to the eastern side of the shop frontage • Deletion of the one table and two chairs to the western most side of the shop

frontage b) The deletion of the proposed A-frame sign and safety barrier on the pedestrian footpath Approval is granted for two (2) table and four (4) chairs. Note: The effect of this condition is that it requires design changes and/or further information to be provided




7. Health & Amenity

a) The food business must permit assistance animals only in the outdoor dining area used by customers (refer to the Commonwealth Disability Discrimination Act 1992).

b) The food business must take all necessary steps to ensure that no noise or other disturbance emanates from the outdoor seating area causing detriment to the amenity of others.

c) No outdoor speakers, sound amplification equipment, relay or other audio equipment can be installed or used in association with the outdoor seating area of the food business.

d) No live entertainment is permitted within the outdoor seating area of the food business or elsewhere on the footpath.

8. Noise Control

The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997. This condition has been imposed to protect the amenity of the neighbourhood. Note: Council will generally enforce this condition in accordance with the Noise Guide for Local Government

(http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links: Community Justice Centres—free mediation service provided by the NSW Government (www.cjc.nsw.gov.au). Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

http://www.environment.nsw.gov.au/noise/nglg.htm

http://www.environment.nsw.gov.au/noise/industrial.htm

http://www.cjc.nsw.gov.au/

http://www.environment.nsw.gov.au/noise



New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au). Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Department of Gaming and Racing - (www.dgr.nsw.gov.au).

Standard Condition: I50 9. Footpath restaurant hours of use

The hours of use are limited to the following: a) 7 days a week: 7am - 5pm This condition has been imposed to mitigate amenity impacts upon the neighbourhood. Note: Deliveries to or dispatches from the site must not be made outside these hours. Trading Hours may be

more onerous than these general hours of use. This condition does not apply to activities such as cleaning which takes place wholly within the building and which are not audible within any adjoining residential dwelling. If internal activities are audible within any adjoining residential dwelling such that they cause a nuisance to the occupiers of such dwelling than such internal activities must not occur outside these hours of use. This condition does not restrict the operation of noise pollution laws. Standard Condition: I1

10. Fire Safety

A one metre separation of the tables and chairs shall be provided directly outside the main entrance of the deli at all times.

11. Conduct of Business

The Licensee is to be responsible for the orderly conduct of the business and ensure that the requirements of the Food Act and any other applicable legislation are fully met in the serving of food to the outdoor tables. The Licensee will also be held responsible to ensure good conduct of patrons, the timely removal of waste to prevent littering and that noise is kept to a minimum. No music is permitted. Lighting for evening use is to be erected only with development consent and is to be so installed as to avoid nuisance to neighbouring premises. Failure to meet these conditions may result in fines and/or termination of the Licence.

12. Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach.


http://www.aaac.org.au/

http://www.dgr.nsw.gov.au/



Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being

recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1

13. Commonwealth Disability Discrimination Act 1992 (“DDA”)

The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”): a) http://www.hreoc.gov.au/index.html b) http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3 (Autotext KK3)

14. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Daniel Barber, Assessment Officer, on (02) 9391 7126. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing.

http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf

http://www.agd.nsw.gov.au/

http://www.hreoc.gov.au/index.html

http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html

mailto:[email protected]



This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

Standard Condition: K14 Mr D Barber Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevations 2. Environmental Health Officer Referral 3. Fire Safety Officer Referral

DA 777/2008/10 Woollahra Council Development Control Committee 23 Victoria Street Watsons Bay 30 August 2010

SECTION 96 APPLICATION ASSESSMENT REPORT ITEM No.

D5

FILE No. DA 777/2008/10

ADDRESS:

23 Victoria Street, Watsons Bay

EXISTING CONSENT: The demolition of an existing dwelling house and ancillary structures and erection of a new dwelling house and ancillary structures, landscaping and siteworks.

DATE OF CONSENT: 11 May 2009

PROPOSED MODIFICATIONS:

External & internal modifications.

DATE S96 LODGED: 14/05/2010 (original) 14/07/2010 (amended plans)

CONSENT AUTHORITY

Council

APPLICANT: Bruce Stafford & Associates Pty Ltd

OWNER: Mr V R & Mrs J S Blank

AUTHOR: Mr D Booth

LOCALITY PLAN



North

Locality Plan



1. Reason for report Objections to the subject Section 96 application are not overcome by the recommendation and the matter has been called to the Development Control Committee (DCC), for determination by Councillor Howe for the following reasons: 1. The approved development is already significantly in breach of Council's floor space ratio

and other planning controls. 2. The DCC imposed a number of additional conditions to the original consent in order to

protect the amenity and appreciation of Camp Cove Beach, the historical nature of the topography adjacent to the beach, and to reduce the impact of the development.

3. Section 96 applications which seek to increase any aspect of the original consent should be determined by the DCC in order for the DCC to assess the impact of such modifications upon the underlining purpose of the original conditions so as to protect the historic precinct and both public and private amenity.

Issues • Objectors’ concerns. Objections Three. Recommendation The proposed modifications to the development consent, as amended, are recommended for approval because: • They are considered to be satisfactory with regard to the relevant provisions under Section 96

and Section of 79C of the Environmental Planning and Assessment Act 1979; • The consent, as modified previously and as proposed to be further modified, is considered to be

substantially the same as that originally granted; and • They will not adversely affect the amenity of the public domain or adjoining properties such

that refusal is justified. 2. DESCRIPTION OF ORIGINALLY APPROVED PROPOSAL On 11 May 2009, the full Council granted approval to DA777/08/1 which involved: • The demolition of the existing dwelling-house; • The erection of a 3 storey (2 above-ground levels and 1 underground level) dwelling-house with

slate hipped roof forms and varying external elevation finishes consisting of cement render, timber, stone and glass;

• Internal alterations, the addition of a rear deck and a new garage door to the existing ancillary structure located on the street frontage converting the existing ground floor level double garage into a vehicular entrance to the proposed dwelling-house basement level parking for 3 vehicles. The upper level of the ancillary structure was approved as a gym.

• The existing single carport to the eastern corner of the site is proposed to be widened to create a double carport;



• A new swimming pool including a spa within the south-western section of the beach front garden adjacent to the Camp Cove Beach frontage;

• The demolition of the existing wall to the Camp Cove Beach frontage and the construction of a new sandstone wall to the same height as the existing wall (2.1-2.8 m) with a rusticated finish;

• A timber gate to the boat storage area to the south-western side of the wall and a timber pedestrian gate to the north-eastern side of the wall; and

• New timber pedestrian and vehicular gates to the existing high front masonry fence (2.2-2.8 m). The consent was modified by the following requirements under Condition C.1:

a) In order to reduce the carbon footprint of the development and achieve a greater level of

compliance with Council’s floor space ratio control, the basement floor level is to be redesigned to facilitate only the watercraft storage area, pool plant room, pool undercroft area, rainwater tank storage area, stair access and 60 m2 of general storage area including hot water storage to a total area not exceeding 230 m2.

b) In order to ensure that the elevated swimming pool does not have an adverse visual impact upon Camp Cove, the swimming pool casement is to be faced in sandstone.

c) In order to ensure that the proposal does not have any significant impact upon the heritage significance of the Watsons Bay Heritage Conservation Area or the visual amenity of Camp Cove, the existing 3 Bangalow Palms are to be transplanted to another location within the beachfront landscaped area and the existing Coral Trees are to be retained in situ.

d) The subsoil system around the basement structure is to be removed. The basement is to be tanked and sealed to prevent the entry of groundwater.

e) Flood protection is to be provided for the 1:100 year flood level from Sydney Harbour at a level of 2.0mAHD.

f) Existing ground heights and topography at the front level of the site adjacent to Camp Cove shall not be altered except as detailed in the amended architectural plans submitted by Bruce Stafford Associates and conditions contained herein.

g) The existing concrete and stone garden steps on the sloping lawn facing Camp Cove are to be replaced with a series of low profile turf steps encased in timber sleepers with maximum dimensions of the steps limited in plan to 7.5 metres by 6.0 metres.

h) The existing Phoenix Palms on the lower lawn area to be encased in planters constructed of timber sleepers to match the proposed steps, vertical dimension of the planters shall be limited in height to the highest portion of exposed roots, with horizontal size of the planters limited in dimensions necessary to enable encasement of the existing root system.

i) Except as detailed in conditions f, g, and h, excavation or altering of the remaining topography of the site shall be limited to excavation necessary for the proposed basement, swimming pool, steps to Camp Cove Beach, and for the reduction of the top portion of the site to RL 5.2 necessary to construct the ground floor of the proposed dwelling.

j) The existing retaining wall facing Camp Cove Beach is to be replaced in bolstered sandstone, or faced in bolstered sandstone, the maximum height of the retaining wall to match the maximum height of the existing wall or 100mm above existing ground on the upper side of the wall whichever is the greater.

k) Should a balustrade be required above the retaining wall facing Camp Cove Beach to meet BCA requirements, the balustrade shall be to a maximum height of 1.2 metres and constructed in vertical and horizontal steel bars with 50% of the vertical face of the balustrade being transparent, and otherwise meeting the requirements of Section C27 of the Victoria Street Precinct Controls of the Watsons Bay DCP.

l) The proposed gate facing onto Camp Cove to be a maximum 1.8 metres in height and to be constructed in steel with a 50% transparency over the vertical face of the gate.



m) The applicant is to enter into a formal agreement with Council in respect to the encroachment of the front fence facing Victoria Street or remove any encroachment from Council’s property.

3. DESCRIPTION OF PREVIOUSLY APPROVED MODIFICATIONS DA 777/2008/2 DA 777/2008/2 for the modification of Condition C.4 was approved under delegated authority on 19 June 2009. Condition C.4 requires Roads Act approval for the following:

a. Encroachments are to be removed off Victoria Street and the area restored. Areas of footpath to be constructed in accordance with Council’s standard drawing RF3.

Condition C.4 was modified in terms of allowing the Roads Act application to be made and approval obtained prior to the commencement of the construction of the new dwelling-house rather than prior to the issue of any construction certificate. The deferral of the Roads Act approval was sought to allow time for the applicant to enter into a formal agreement with Council in respect to the encroachment of the front fence facing Victoria Street. DA 777/2008/3 DA 777/2008/3 for the modification of Condition C.1a) was approved under delegated authority on 27 August 2009. Condition C.1a) originally stated: a) In order to reduce the carbon footprint of the development and achieve a greater level of

compliance with Council’s floor space ratio control, the basement floor level is to be redesigned to facilitate only the watercraft storage area, pool plant room, pool undercroft area, rainwater tank storage area, stair access and 60 m2 of general storage area including hot water storage to a total area not exceeding 230 m2.

Condition C.1 a) was modified as follows: a) In order to reduce the carbon footprint of the development, Boral 3 star “green cement” is to

be utilised in the construction of the development rather than traditional cement. Further, the basement floor level is to be naturally ventilated rather than mechanically ventilated.

DA 777/2008/4 DA 777/2008/4 for the further modification of Condition C.4 was approved under delegated authority on 6 August 2009. Condition C.4 requires Roads Act approval for the following:

b. Encroachments are to be removed off Victoria Street and the area restored. Areas of footpath to be constructed in accordance with Council’s standard drawing RF3.



Condition C.4 was modified in terms of allowing the Roads Act application to be made and approval obtained prior to the issuing of an occupation certificate rather than prior to the commencement of the construction of the new dwelling-house. The further deferral of the Roads Act approval was sought to allow time for the applicant to enter into a formal agreement with Council in respect to the encroachment of the front fence facing Victoria Street. DA 777/2008/5 DA 777/2008/5 for internal and external modifications to the approved development was approved under delegated authority on 7 October 2009. The external modifications increased the approved gross floor area by approximately 68 m2 resulting in the floor space ratio being increased from 0.75:1 to 0.78:1. The approval of this application included the following notation: This approval does not include any of the proposed works that encroach upon Council’s land. DA 777/2008/6 DA 777/2008/6 for the further modification of Condition C.1a) was approved under delegated authority on 30 September 2009. Condition C.1 a) as approved under DA777/2008/3 had stated: a) In order to reduce the carbon footprint of the development, Boral 3 star “green cement” is to

be utilised in the construction of the development rather than traditional cement. Further, the basement floor level is to be naturally ventilated rather than mechanically ventilated.

Due to the practical failure experienced by the applicant during the pouring of the green cement approved DA 777/2008/3 due to subsurface water conditions experienced on-site, this approval allowed the offset of the 209.9 tons of carbon emissions associated with the use of conventional concrete with the purchase of carbon credit from Global Carbon Exchange. DA 777/2008/7 DA 777/2008/7 for demolition of the two garage masonry side walls and the reconstruction of masonry side walls on the same alignment and to the same height as those to be demolished, was approved under delegated authority on 27 October 2009. DA 777/2008/8 DA 777/2008/8 for the transfer of the requirements of Condition C.1m) to a new H condition (requirements to be satisfied prior to the issue of a Final Occupation Certificate), was approved under delegated authority on 29 October 2009. Condition C.1m) had stated: m) The applicant is to enter into a formal agreement with Council in respect to the encroachment

of the front fence facing Victoria Street or remove any encroachment from Council’s property.



The consent was modified by the deletion of C.1m) and the addition of the following condition: H.5 Resolution of front boundary encroachment

The applicant is to enter into a formal agreement with Council in respect to the encroachment of the front fence facing Victoria Street or remove any encroachment from Council’s property.

The approval of this application allowed additional time for the applicant to enter into a formal agreement with Council in respect to the encroachment of the front fence facing Victoria Street. DA 777/2008/9 DA 777/2008/9 for minor internal and external modifications to the approved development and changes to the pool layout was approved under delegated authority on 19 January 2010. The external modifications did not increase the approved building envelope. 4. DESCRIPTION OF PROPOSED MODIFICATIONS On 14 July 2010, the proposal was amended in terms of modifying the proposed gable roof forms in order to address concerns raised by Council's Heritage Officer. The proposed modifications, as amended, are as follows: • The modification of the approved hipped roof forms to gable roof forms; • The increase to the thickness of the bands of masonry construction immediately under the eaves

from 250 mm to 650 mm; • The increase to the height of the first floor level by 260 mm; • The decrease to the first floor level floor-to-ceiling height by 50 mm; • A new 2.8 m high glass canopy over the front pedestrian entrance; • The extension to the length of the pond to the front of the site by approximately 3.8 m; • Fenestrational changes; • The introduction of concrete columns to the corners of the various modules; • The planter above the garage entrance has been setback 400 mm from the front boundary; • Internal modifications; and • The construction of a new retaining wall to the north-eastern side boundary. The proposed modifications increase the approved maximum height by 485 mm but do not otherwise increase the approved building envelope of the dwelling-house.


5. DESCRIPTION OF SITE AND LOCALITY

Subject site

The site has a south-eastern frontage to Victoria Street 39.2 m in length, a north-western frontage to Camp Cove Beach 36.4 m in length, a north-eastern side boundary 47.4 m in length and a south-western side boundary 55.7 m in length. The site has an area of 1929 m2. The site slopes downwards approximately 2 m from the street frontage to the reserve frontage. As at 10 August, the construction of the ground floor level of the new dwelling-house had commenced. Adjoining development consists of a two storey dwelling-house to the north-east (21 Victoria St) and a single storey dwelling-house to the south-west (25 Victoria St). 6. INTERNAL REFERRALS Council's Heritage Officer considers the amended proposal to be satisfactory (see Annexure 2). ASSESSMENT UNDER S96 7.1 Substantially the same development The development consent, as modified previously and as proposed to be further modified, is considered to be substantially the same as the originally approved development. 7.2 Threatened species The proposed modifications will not result in any adverse impact upon any threatened species.




ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 8. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 8.1 SEPP 55-Remediation of Land Under clause 7 (1) (a) of SEPP 55-Remediation of Land, consideration is required to be been given as to whether the land is contaminated. The assessment of the original development application concluded that the proposal did not require further consideration under clause 7(1)(b) and (c) of SEPP 55. The same conclusion applies to the proposed modifications. 8.2 SREP (Sydney Harbour Catchment) 2005 and DCP The provisions of this instrument and the accompanying DCP for SREP (Sydney Harbour Catchment) 2005 require Council to consider the likely impact upon available views to and from Sydney Harbour and the visual impact that a development proposal will have upon Sydney Harbour and adjoining foreshore areas. The proposed modifications are considered to be satisfactory with regard to the relevant provisions of SREP (Sydney Harbour Catchment) 2005 and the DCP for SREP (Sydney Harbour Catchment) 2005. 9. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 9.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposed modifications, as amended, are considered to be consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(a) zone. 9.2 Statutory compliance table

iSite Area (484.9 m²) As approved Proposed modifications Control Complies

Overall Height (m) 7.6 8.1 8.2 YES

9.3 Height The proposed modifications involve a maximum height of 8.1 m which complies with Council’s 8.2 m height standard. Further, the proposed modifications, as amended, are considered to be satisfactory with regard to the objectives of Council's height standard in terms of not significantly adversely affecting views, solar access, privacy and visual amenity of adjoining properties or the visual amenity of the public domain. 9.4 Clause 18 Excavation The provisions of Clause 18 require Council, when considering a development application involving excavation, to have regard to how that excavation may temporarily or permanently affect:



(a) The amenity of the neighbourhood by way of noise, vibration, dust or other similar circumstances related to the excavation process.

(b) Public safety. (c) Vehicle and pedestrian movements. (d) The heritage significance of any heritage item that may be affected by the proposed

excavation and its setting. (e) Natural landforms and vegetation. (f) Natural water run-off patterns. The proposed modifications involve only minor additional excavation, the scope of which is covered by existing conditions of consent. The proposed additional excavation is considered to be satisfactory with regard to the provisions of Clause 18 of WLEP 1995. 9.5 Clause 19 Harbour foreshore scenic protection area The provisions of Clause 19 of Woollahra LEP 1995 require Council to consider the visual impact that a development proposal will have upon Sydney Harbour and the adjoining foreshore areas. The proposed modifications will not have any significant adverse visual impact upon the Harbour or adjoining foreshore areas. 9.6 Clause 22 Foreshore building lines The proposed modifications comply with Council's 12 m foreshore building line development standard and the objectives underlying the standard. 9.7 Clause 24 Land adjoining public open space Clause 24 of Woollahra LEP 1995 requires Council to take into consideration the impact of the development upon the amenity of an adjoining public open space area and any plan of management for that public open space area. The section of the Camp Cove Beach adjacent to the north-western boundary of the site is zoned Local Open Space Reservation. The proposed modifications are considered to be appropriate in terms of maintaining the amenity of the adjoining foreshore local open space reservation area and are not in conflict with any plan of management. 9.8 Clause 25 Water, wastewater and stormwater: Clause 25 of Woollahra LEP 1995 requires Council to take into consideration the provision of adequate stormwater drainage and the provision of adequate water and sewerage services. The development consent contains Conditions C.11 and C.12 which adequately cover the scope of the proposed modifications in relation to the provisions of Clause 25.



9.9 Clause 25D Acid Sulphate Soils The subject site is within Classes 2 & 4 Acid Sulphate Soil area identified in the Planning NSW Acid Sulphate Soil Risk Map. An acid sulphate soils report submitted with the original development application has been reviewed by Council’s Environmental Health Officer who advised that the scope of the proposed excavation is unlikely to encounter acid sulphate affected soil and accordingly, an acid sulphate soil management plan was not deemed to be required. The same conclusion applies to the proposed modifications. 9.10 Clauses 26, 27 and 28 Heritage Items, Development in the Vicinity of Heritage Items and

Heritage Conservation Areas The provisions of these clauses require Council to consider the impact of the proposal upon the heritage significance of the Camp Cove Beach (listed as a heritage item under Woollahra LEP 1995) and the Watsons Bay Heritage Conservation Area. Council's Heritage Officer has provided the following comments in relation to the amended proposal: • The currently proposed roof changes were made after extensive consultation with Council in

regard to the appropriate roof forms for the conservation area. A thorough investigation of surrounding contemporary and traditional roof forms was carried out.

• The initial DA approved roof forms were relatively traditional, with hipped roofs and eaves. The appearance was of a series of houses, as there are six separate roof forms.

• The initial Section 96 roof forms were smaller, which was a positive change, however some of the detail which made the roofs conform to the character of the conservation area was lost. Further, the roof forms were a mixture of gabled roofs set behind parapets, which is completely non-traditional, and thus unacceptable. Of concern were the loss of traditional roof forms such as hipped forms and eaves.

• Upon visiting the precinct, it was noted that all roof forms in the precinct are hipped. Thus it was desirable that the hipped form be maintained, however the height restrictions did not allow full hipped roofs, causing a flat section to the top of the roof, which is non-traditional.

• The initial Section 96 roof forms were deemed unacceptable, after which the applicant then presented the current amended roof forms, which remove the parapets and allow the roof forms to be proper gables.

• The currently proposed roof forms are considered acceptable as they have a better relationship with the main bulk of the building than the initial Section 96 roof forms, (which were set behind parapets), thus creating a better architectural outcome.

• The DCP states only that pitched roofs are to be maintained, it does not mention hipped roofs or eaves. Thus the roofs can be said to comply with the DCP objectives.

Conclusion The application is acceptable as it complies with all the relevant statutory and policy documents and would have a satisfactory heritage impact. Accordingly, the proposed modifications are considered to be satisfactory with regard to the heritage provisions of WLEP 1995.



10. Watsons Bay Development Control Plan 10.1 Compliance table – Watsons Bay Development Control Plan Site Area (1929 m²) Approved Proposed

modifications Control Complies

Sunlight to private open space of adjacent properties (Hours)

> 2 hours between 9am and 3pm on

21 June

> 2 hours between 9am

and 3pm on 21 June

Minimum 2 hours between 9am and 3pm

on 21 June YES

External Wall Height (m) 6 6.4 6.7 YES

Site coverage (paved areas plus dwelling-house and garage footprint)

63.4% (1223 m2)

64% (1231.4 m2)

75% (1446.7 m2) YES

Soft Landscaping 36.6% (706 m2)

36.2% (697.6 m2) 25% of site area YES

Solar access – windows to north facing habitable rooms of subject building and neighbouring properties (Hours)

> 3 > 3 Minimum of 3 hours of sun between 9am and

3pm on 21 June YES

10.2 Precinct H-Victoria Street Waterfront Precinct. The proposed modifications are considered to be compliant with the following precinct specific controls that are relevant to the scope of the proposed modifications: H.5.1 Building siting and alignment Streetfront setbacks C17 The main part of the house is to follow the alignment of adjacent buildings and to provide

garden space between the Victoria Street wall and the house. Side boundary setbacks C18 All new buildings, including garages, are to be set back from side boundaries a minimum of

1.2m (1.5m on allotments greater than 15m in width) in order to retain detached dwelling character of the precinct and to allow for recovery of views to Camp Cove from Victoria Street.

Front (waterfront) setbacks C19 Building setbacks from the waterfront are to relate to the alignment of adjacent significant

houses provided that a garden space or lawn area is retained. The proposed modifications do not alter boundary setbacks from that as approved. H.5.3 Building form C21 Traditional forms are to be followed, ie simple rectilinear plan with pitched roofs and

verandahs facing the waterfront. C22 Flat or curved roofed buildings are not permitted .



H.5.4 Building character C23 New development is to respect the character of adjacent significant buildings when viewed

from the Harbour. As discussed above under the section 9.10 Clauses 26, 27 and 28 Heritage Items, Development in the Vicinity of Heritage Items and Heritage Conservation Areas, Council's Heritage Officer considers the proposed gable roof forms to be satisfactory. H.6 Landscaping and private open space C25 The building, garage footprint and paved surfaces (such as patios and pathways) together are

not to exceed 75% of the site area in order to provide adequate space for soft landscaping, including plantings.

The proposed modifications maintain compliance with this requirement. 10.2 General controls The following sections address key general controls regulating amenity impacts such as view loss, overshadowing and loss of privacy. The proposed modifications are considered to be satisfactory with regard to all other general controls. Views C3 New buildings and additions are to facilitate view sharing with surrounding buildings and from public roads and public spaces. The proposed modifications will not significantly affect public or private views from that as approved. Solar access 4.6.1 C5 Siting and Alignment New buildings and additions are to be designed and sited so as to retain sunlight to at least 50% (or 35m2 with minimum dimension 2.5m, whichever is smaller) of the main ground level private open space of adjacent properties for a minimum of two hours between 9am and 3pm on 21 June. Solar access will be maintained to the ground floor level private open space of the adjoining property to the south-west (25 Victoria St) in compliance with this requirement. 4.6.3 New buildings (ie infill development) and non-contributory buildings C1 New buildings and additions are to be designed to respect the character, scale, form,

massing, materials, details, orientation and setbacks of adjacent and surrounding significant items.

As discussed above under the section 9.10 Clauses 26, 27 and 28 Heritage Items, Development in the Vicinity of Heritage Items and Heritage Conservation Areas, Council's Heritage Officer considers the proposed gable roof forms to be satisfactory.



4.12 C9 Design for Energy Efficiency North-facing windows to habitable rooms of neighbouring dwellings are not to have sunlight reduced to less than three hours between 9am and 3pm on 21 June. The windows to the north-eastern elevation of the adjoining property to the south-west (25 Victoria St) are orientated approximately 35° east of true north and therefore are not north-facing (within 30° east of true north. Acoustic and Visual Privacy 4.13 O2 To minimise the impact of new development on the acoustic and visual privacy of

existing development on neighbouring lands. 4.13 C10 Direct overlooking of the main living areas and private open space areas of adjoining

and adjacent properties is to be minimised by the sensitive location of windows, balconies, screening devices and landscaping and the use of opaque glazing.

The proposed modifications are considered to be satisfactory in terms of maintaining the visual and acoustic privacy of adjoining properties. 11. Woollahra Access DCP The provisions of Council's Access DCP require the provisions of adequate access for persons including the elderly and the disabled. The subject development involves Class 1 and 10 structures. For such structures, the policy encourages, rather than requires the provision of adequate visitor access for older people or people with a disability. The proposed modifications are considered to be satisfactory in terms of maintaining disabled access as approved. 12. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts of the proposed modifications have been assessed elsewhere in this report. 13. THE SUITABILITY OF THE SITE The site is suitable for the proposed modified development. 14. SUBMISSIONS The original s96 application was advertised and notified in accordance with Council’s Advertising and Notifications DCP. In response 3 objections were received from the following: 1. J & F Keegan-7 Cove St, Watsons Bay. 2. H Rolfe-41 Cove St, Watsons Bay. 3. J & S Menadue-17 Pacific St, Watsons Bay. The above-mentioned objectors raised the following concerns: • The front wall to Victoria St encroaches upon Council land and should be removed. • Overdevelopment of the site. • Adverse visual impact upon Camp Cove Beach and the streetscape. • Demolition of the garage/cottage structure.



The following comments are made in relation to these concerns: The front wall to Victoria St encroaches upon Council land and should be removed. On 11 May 2009, the full Council granted approval to DA777/08/1 which included the following condition facilitating the retention of the encroaching wall: C.1m) The applicant is to enter into a formal agreement with Council in respect to the

encroachment of the front fence facing Victoria Street or remove any encroachment from Council’s property.

The subject modifications do not involve the encroaching wall. Overdevelopment of the site. The subject modifications are considered to be satisfactory with all relevant controls as discussed above. Adverse visual impact upon Camp Cove Beach and the streetscape. The subject modifications are considered to be satisfactory in terms of visual impact upon Camp Cove Beach and the streetscape as discussed above. Demolition of the garage/cottage structure. The demolition of the garage/cottage structure was approved under DA 777/2008/5 and DA 777/2008/7. The subject modifications to the structure are considered to be satisfactory by Council’s Heritage Officer.

The replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the replacement application is substantially the same development as the original proposal and considered to have no greater environmental impact upon neighbours. 15. CONCLUSION This assessment has considered the application in terms of the relevant matters under Sections 96 & 79C of the Environmental Planning and Assessment Act and other relevant considerations and the amended proposal is considered to be satisfactory in this regard. 16. DISCLOSURE STATEMENTS Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission.


17 . RECOMMENDATION: Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979 THAT Council, as the consent authority, modify development consent to Development Application No. 777/2008 part 10 for the demolition of an existing dwelling house and ancillary structures and erection of a new dwelling house and ancillary structures, landscaping and siteworks on land at 23 Victoria St, Watsons Bay, in the following manner: The modification of Condition A.3(a) as follows: A.3a Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the use and works in accordance with the approved plans and supporting documents listed in the original consent, as amended by the amended approved plans and supporting documents as submitted by the Applicant and to which is affixed a Council stamp “Approved S96 Plans” listed below otherwise than modified by further condition(s). Where the plans relate to amendments, alterations or additions only those works shown in colour or highlighted are approved. Note: This approval does not include any of the proposed works that encroach upon Council’s land.

Reference Description Author/Drawn

01A-06A inclusive dated 04/09/09 as amended by the work shown in colour on 02A & 03A dated 23/10/2009, as further amended by the work shown in colour on 01A-05A dated 20/11/2009 and as further amended by the work shown in colour on 01A-05A dated 13/07/2010

Architectural Plans

Bruce Stafford & Associates P/L

Note: These plans and supporting documentation may be subject to conditions modifying the development

imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Mr D Booth Mr N Economou SENIOR ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevations. 2. Heritage Officer’s comments.


DA 512/2009/1 Woollahra Council Development Control Committee 338 Oxford Street PADDINGTON 30 August 2010



FILE No. DA 512/2009/1 338 Oxford Street PADDINGTON AKA the Paddington Inn Lot & DP No.: LOT: 1 DP: 85869 Side of Street: North Site Area (m²): 474.676

PROPERTY DETAILS

Zoning: Neighbourhood Business 3(c)

PROPOSAL Major alterations to the first to change existing offices to bar, lounges, open terrace, toilet, internal stairs; lift to all floors; minor alterations to ground floor including repositioning of entrance from William Street; new gas fired air-conditioning condenser (within building); increase in the maximum capacity of the hotel from 300 to 820 people (initially proposed at 900 people)

TYPE OF CONSENT:

Council

APPLICANT:

Indyk Architects Pty Ltd

OWNER:

Mr B R & Mrs B R Solomon & Mr G T Kam

DATE LODGED:

08/10/2009 Replacement application was received on 14/5/2010

AUTHOR:

Mr T Wong

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION YES NO 1. RECOMMENDATION PRECIS Refusal 2. PROPOSAL PRECIS The proposal is for major alterations to the existing hotel known as the Paddington Inn.


3. LOCALITY PLAN


North

Also include Paddington Society

Locality Plan

4. DESCRIPTION OF PROPOSAL The proposal is for major alterations to the existing hotel known as the Paddington Inn. Major works are proposed on the first floor to change existing offices to bar, lounges, open terrace, toilet, internal stairs; and a new lift to access all floors. Minor works are also proposed on the ground floor. New gas fired air conditioning system is proposed within the building. As a result, the applicant seeks to increase the maximum capacity of the hotel from 300 to 820 people. 5. SUMMARY

Reasons for report Issues Submissions The DA involves a licensed premises

• Excessive intensification of use • Strong opposition from NSW Police • Unacceptable traffic and parking impact • Heritage impact • Objections from local residents

10 submissions were received. Following the notification of replacement application, 16 submissions were received. 8 out of the 16 have sent their second submissions. In total, 18 submissions were received.

6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work. Where the estimated cost of work is greater than $750,000 or where the applicant’s estimate is considered to be neither genuine or accurate, the applicant has to provide a Quantity Surveyor’s report.



A Quantity Surveyor’s report was provided with this DA which estimates the cost of the proposed development at $1,568,340. 7. DESCRIPTION OF SITE OF LOCALITY


Physical features The subject site is located on the north-eastern side of Oxford Street at the corner with William Street. The rectangular shaped site has an area of 475m2 with frontages onto both Oxford Street and William Street.

Topography The subject site falls from the front (southwest) towards the rear (northeast)


Existing on the site is a hotel building known as the Paddington Inn. The building extends to Victoria Street at the rear and covers the whole of the site. In the main, the building is of three (3) storeys over a cellar while at the rear it reduces partly to two (2) storeys and, over approximately 25% of the site, to one (1) storey. The ground floor currently contains all of the public areas of the hotel. These consist of: the main bar on the corner of William and Oxford Streets; the Hotels bistro and kitchen, and back bar to the rear of the main bar; two lounge areas adjoining the bistro; and a bottle shop fronting Oxford Street.

The first floor currently consists of: a reception area; eight offices including the Bistro office, and the Hotel Manager’s offices – 1 and 2; two store rooms; and



THE SITE AND LOCALITY two bathrooms.

The second floor consists of: Vodaphone facility; Four offices; five storage rooms; and toilet facilities.

The basement of the Hotel contains storage areas and a cool room. It is accessed via a stair behind the bottle shop and a delivery hatch is located on the William Street frontage of the Hotel. The buildings located on the southern side of Oxford Street directly facing the Paddington Inn are commercial only with no residential above. Residential properties are however found along William Street and Victoria Street. William Street is also dominated and characterised by retail and commercial uses within existing terrace houses which mix with the original residential terraces whereas Oxford Street is the main commercial strip of Paddington with a diversity of commercial activities including retail shops, cafés, restaurant, hotels/pub and other food outlets.

Environment The majority of buildings in the area are of two storeys. A few of the commercial buildings are of more than two storeys. Most of the buildings date from the late 1800s. There are exceptions, notably, the telecommunications building and the Oxford Towers building, both of which are located on the south-western side of Oxford Street, directly opposite the site and about 60 metres west of the Hotel. Oxford Towers is a multi-storey residential flat building that has business premises on the ground floor.

Existing Hotel building within the Oxford Street strip

Existing frontage upon Oxford Street

View to Paddington Inn at corner of William and Oxford Streets

View to Paddington Inn at corner of William and Victoria Streets



Existing frontage upon William and Oxford Streets

Existing 2 storey terrace house along Victoria Street

8. PROPERTY HISTORY

PROPERTY HISTORY Current use Hotel Previous relevant applications DA635/2004 and subsequent s96 modifications. Condition 3 of the DA consent

specifies maximum capacity which states: To ensure compliance with the Building Code of Australia and to maintain the amenity of the locality, the maximum capacity of the premises, including patrons, entertainers and staff shall not exceed 300 within the building including a limit of 100 persons on the first floor indoor lounge and outdoor terrace area in accordance with Part D1.13 and D1.6 of the Building Code of Australia.

Pre-DA N/A Requests for additional information N/A Amended plans/ Replacement Application

Replacement application was received on 14/5/2010

Land & Environment Court appeal N/A 9. REFERRALS 9.1 The following table contains particulars of internal referrals.


Traffic and Parking Engineer

it must be conceded that the intensification of site use will attract additional patrons to the hotel and that even if a small percentage of these patrons travel by car as revealed by the surveys, there must be some requirement for additional off-street parking. It is considered unreasonable that the street system should cater for what is a private development. No off-street carspaces are proposed. Therefore any intensification of the site use cannot be supported from this perspective.

2

Environmental Health Officer Satisfactory 3

Heritage Officer

Approval. Subject to conditions. Special Conditions 1. Ground floor west elevation: Where the entry is to be closed with brick the

new brickwork must be set in from outer face of the external wall to align with the inside face of the external wall. This condition is imposed to interpret the position of the existing entry.

4





2. The under awning colour scheme must be restored to match the colour scheme above the awning. This condition is imposed to ensure the Hotel retains its Victorian character as a whole in light of the contemporary changes to the character of the whole interior.

3. The changes to the northern elevation facing Victoria Street must be deleted

from the plans. This condition is imposed in order to reduce the impact on the surrounding Victorian terrace houses and to enable the phases of development of the Hotel to be retained as clearly legible.

Standard Conditions BB3 Recording Significant and contributory items

Compliance Officer

Perusal of Council’s property file and CRM database revealed the following incidents since the approval of DA 635/2004/1: April 2008 Surry Hills Licencing Police requested information about the

maximum capacity of the hotel following a complaint about overcrowding.

May 2006 a complaint was received by Council in relation to very loud music emanating from the hotel until 1.00am on Friday and Saturday nights.

Prior to the approval of DA 635/2004, Council received a complaint in May 2003 about noise emanating from the hotel until 3.00am on Sundays, on three occasions over a six week period. At the time, the approved trading hours were until 1.00am.

5

Fire Safety Officer The premises cannot accommodate the proposed number 820 patrons. 6 9.2 The following table contains particulars of external referrals.

EXTERNAL REFERRALS External

Referral Body

Reason for referral Comment

Licensing Police of New South

Wales

For comment under the Memorandum of

Understanding – Crime Prevention Through

Environmental Design (CPTED)

Police object to this application. Police do not support an increase in patronage at the Paddington Inn. The continuous incidents of overcrowding are concerning and indicate an inability to manage a crowd of 300 patrons let alone an increase to 900. Police do not believe that the area is designed in such a way to accommodate the proposed number of patrons. Police do not support any increase in the extension of an entertainment authority to include other areas of the premise. Police believe that this will only create greater issues in relation to noise and impact upon the local amenity. (see Annexure 7 for detailed comments)

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs Not applicable.



10.2 REPs Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration in relation to this DA. 10.3 Section 94 contribution Not applicable. 10.4 Other legislation Not applicable. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone Existing Use Rights Hotels are prohibited in the Business 3(c) zone. However, under the assessment of previous development application DA 635/2004 which was approved on 18/7/2005, existing use rights of the subject site has been established and the existing use has not been abandoned. Planning Principle The judgment in Fodor Investments v Hornsby Shire Council (2005) NSWLEC 71, sets out the planning principle which should be applied in dealing with development applications seeking to carry out development on the basis of existing use rights. The four principles adopted by the court in this case will have general application in dealing with DAs that rely on existing use rights. The four principles are: 1. How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the

proposal relate to what is permissible on surrounding sites? While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessments. In this circumstance, the relevant numerical controls are the building height (9.5m) and FSR (1:1). The following table compares the existing development and proposed development.


Site Area (475.8m²) Existing Proposed

Development Control Complies

Overall Height (metres)

15m (Oxford Street frontage) 6.5m (Victoria Street frontage)

14.7m (new raised section of roof above plant room, behind front parapet) 8.15m (Victoria Street frontage)

9.5m NO

Floor Space Ratio (m²) 1180.5m² (2.48:1) No change 475.8m²

(1.1) NO

Building height The existing hotel already exceeds the 9.5m height control. The building height of the proposed development is up to 14.7m due to the new raised section of roof above the plant room. This part of the roof, being located being the front parapet, will not significantly increase the bulk of the building. However, the proposed development will increase the height of the rear wall facing Victoria Street from 6.5m to 8.15m. Council Heritage Officer provided the following comments:

“The proposed raising of the height of the rear wall facing Victoria Street by 1645mm will make the existing wall even higher than it is in the context of the surrounding Victorian terrace houses. It will also change the wall pattern of the rear wing of the hotel which is currently distinguishable from the later infill facing Victoria Street by the slope of the top of the parapet and the change in height. Making the whole wall uniform in height will make the difference between construction phases difficult to interpret.”

The North Elevation below demonstrates that the increase in height to the rear wall is attempting to match the height of the existing building located on the corner of Victoria Street and William Street (8.15m).

Rear (north) elevation provided by the applicant. Area in hatched is the proposed increase in height to the rear wall.



Existing rear wall treatment which demonstrate clearly the later infill to the original hotel building The original proposal had located a/c condensers to the rear roof which dictated the height of the rear wall as a means of screening the condensers. On the replacement application, the condensers were relocated internally on the second floor of the building closer to Oxford Street resulting in a raised roof over this portion. However, the height of the rear wall has remained unchanged. In that case, there appears to be no justification for such an increase of the rear wall height. The proposed increase in height to the rear wall (8.15m high) will represent an unacceptable bulky structure within the existing Victoria Street context. As a result, the visual quality of the streetscape along Victoria Street will be diminished. FSR The proposed development does not change the FSR of the existing building. 2. What is the relevance of the building in which the existing use takes place?

Where the change of use is proposed within an existing building, the bulk and scale of that building are likely to be deemed acceptable, even if the building is out of scale with its surroundings, because it already exists. However, where the existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision. The proposed development does not change the existing use. The existing building is not proposed to be demolished.




3. What are the impacts on adjoining land?

The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable. The proposed building works will not result in an adverse environmental impact with respect to the additional FSR. With regard to the impact due to the proposed intensification of use, it has been further discussed in relevant headings below. 4. What is the internal amenity? Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally. The internal amenity of the proposed development is considered satisfactory. 11.2 Zoning Objectives Objectives of the Neighbourhood Business 3(c) zone are: (a) to establish a neighbourhood shopping centre zone which allows a less intensive form of

development than occurs in the main commercial centres and which does not prejudice the viability of those main centres,

(b) to provide for development of a scale and type compatible with the amenity of the surrounding residential area, and

(c) to allow for residential development mixed with non-residential purposes in order to promote urban consolidation.

As this will be further discussed in the later part of this report under relevant headings, the proposed intensification of use of the existing hotel will result in negative impact upon the amenity of the surrounding residential area and is considered unacceptable in terms of Objectives (b). For this reason, the proposal is unsatisfactory in terms of Clause 8(5) and is recommended for refusal. 11.3 Other special clauses/development standards Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18. Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: Due to the increase in rear wall height as discussed above, the proposal is not considered satisfactory in terms of Clause 28.



12. DRAFT AMENDMENTS TO STATUTORY CONTROLS Not applicable. 13. DEVELOPMENT CONTROL PLANS 13.1 Compliance table Paddington Development Control Plan Site Area (475.8m²) Existing Proposed Control Complies

Building Setback to Street Frontage Existing Setback Maintain Existing Setback

Maintain Existing Setback YES

Height of Existing Building at Street Frontage (metres) Existing Height Maintain Existing

Height Maintain Existing

Height YES

Air Conditioning Condenser Units – Location: • From Building Line • From Public Domain • From Adjoining Properties • From Site Boundaries • From Neighbouring Bedrooms

Behind Front B/Line

Not Visible Not Visible Min 3.0m Min 5.0m

Behind Front B/Line

Not Visible Not Visible Min 3.0m Min 5.0m

Behind Front B/Line Not Visible Not Visible Min 3.0m Min 5.0m

YES

Principal building form and street front zone of significant buildings (Part 4.1.1) Council’s Heritage Officer provided the following comments with regard to the principal building form:

“The works proposed involve alteration to the first and second floors to enable them to be used as function rooms. Less alteration is proposed on the ground floor which will have a new stair and a lift to service levels above. Considerable amount of demolition is proposed particularly on the first floor however this is mitigated by retention of nib walls and beams to retain a sense of the original building. The proposed changes will completely alter the remaining original features of the building so that the only Victorian character retained will be the facades above the awning. The first and second floors have not been used for their original use as accommodation for many years. The incremental changes to the building over time have reduced the significance of these spaces.”

As such, the proposal is considered satisfactory in this regard. Side elevations to streets and lanes (Part 4.1.2) The proposal involves limited changes to the side elevation upon William Street. It is proposed to close an existing opening in the William Street facade on the ground level in order to install a lift shaft. Council’s Heritage Officer provided the following comments:

Whilst this doorway was likely to have been an original entry it has been modified over time. The plans show the entry bricked up so that the bricks are flush with the outer face of bricks. The new brick work should be set in to the point where it is behind the existing indented opening (about 270-300mm) to ensure the original opening can be interpreted.

If the proposal is to be approved, special condition shall be imposed requiring compliance with the above comments.



Rear elevations, rear additions, significant outbuildings and yards (Part 4.1.3) This has been discussed in Section 11.1 above. In the regard, the proposal is not considered acceptable in terms of Objective O2 and Controls C6 and C10. Therefore, the proposal is recommended for refusal. Roofs and roof forms (Part 4.1.4) The roof form of the principle building will not be altered. The new raised section of roof above the plant room will attain a building height up to 14.7m. However, this part of the roof, being located being the front parapet, will not significantly increase the apparent bulk of the building. The proposal is therefore considered satisfactory in this regard. Site coverage, setbacks and levels (Part 4.1.5) The site coverage, setbacks and levels will not be changed as a result of the proposal. Views (Part 4.1.9) The proposal will not result in any loss of significant public or private views. Acoustic and visual privacy (Part 4.1.10) The applicant has submitted an acoustic report prepared by Challis Consulting (Noise Report No 8214-4-809 dated August 2009). The report concludes:

“When correctly implemented, the noise control measures that are currently embodied in Indyk Architects Drawing Nos DA1.01A through DA1.07B, supplemented by the associated drawings that have been prepared by Engineering Partners for the proposed second floor gas fired condensing unit’s acoustical enclosure, should ensure that the proposed refurbishment of the Paddington Inn will not give rise to any increased noise impact at the facades of any of the properties facing William Street and Victoria Street Paddington.”

Council’s Health Officer reviewed the report and has no objection to the report’s conclusion. However, the level of intensification as a result of the proposed 820 people in the hotel is not acceptable for the reasons outlined throughout this report under the relevant headings. Council Fire Safety Officer has expressed concern that the premises cannot accommodate the proposed 820 patrons. (refer to Annexure 6 for detailed fire safety comments) In additional, as advised by NSW Police, the existing hotel fails to manage the licensed premise in accordance with the conditions upon the liquor licence and the reported incidents further demonstrates that the management of the hotel is unable to manage the current 300 people as restricted in the current consent DA635/2004. As such, the proposal fails to meet Objective O1 and O2 of Part 4.1.10 of the PHCADCP 2008 and is therefore recommended for refusal. Access and mobility (Part 4.1.15) The proposal will construct an internal lift accessing all levels within the building and will assist in better access and mobility of the existing building.



Windows, doors and shutters and security (Part 4.2.3) The proposal only involves minor repositioning of existing doors upon William Street. Subject to condition recommended by Council Heritage Officer, the proposal is considered satisfactory in this regard. Satellite dishes, solar devices, air conditioning units, aerials and site facilities (Part 4.2.7) The proposed additional a/c condensers have been located internally on the second floor of the building closer to Oxford Street with a raised roof over this portion. These condensers will be enclosed within a masonry wall and acoustically attenuated as recommended by the acoustic report. The arrangement of the additional a/c condensers is considered acceptable in this regard. Advertising signs on buildings (Part 4.2.10) No new signage is proposed. Building types (Part 4.3) The proposal is not considered acceptable in terms of Objective O1 under Part 4.3.8 of the PHCADCP 2008 and is therefore recommended for refusal. 13.2 DCP for off-street car parking provision and servicing facilities Objective (i) of the DCP states:

To ensure that developments generating vehicular traffic make adequate provision off the public street for the car parking and servicing needs of its occupants and users, including visitors, employees and deliveries.

The subject site does not and will not be able to provide on-site parking spaces. Council’s Traffic Engineer reviewed the traffic report by Masson Wilson Twiney dated 5th March 2009 and raised strong opposition to the proposed intensification of the hotel by increasing the number of patrons from 300 to 820. Council’s Traffic Engineer made the following conclusion:

The proposal heavily relies upon the on street parking surrounding the site to accommodate the (relatively high) parking demands of the development. As this will adversely affect the parking availability for the surrounding community it is therefore not supported by Council’s Traffic Section.

The proposed intensification will result in further demand within the already under pressure on-street parking spaces. The proposal is not considered acceptable in terms of Objective (i) of the DCP and is therefore recommended for refusal. 13.3 Woollahra Access DCP The proposed new lift will provide disabled access to all levels within the building. The ground floor of the hotel is also levelled with the Oxford Street entrance. Therefore, the proposal is considered satisfactory in this regard.



13.4 Other DCPs, codes and policies Not applicable. 14. APPLICABLE REGULATIONS None applicable. 15. THE LIKELY IMPACTS OF THE PROPOSAL Intensification of Use The applicant originally sought Council’s consent to increase the maximum number of patron in the hotel from 300 people (based on development consent to DA635/2004) to 900 people. The Land and Environmental Court of NSW set out planning principle for assessment of an extension to intensification of licensed premises in Vinson v Randwick Council [2005] NSWLEC 142 as follows: “In Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277, Tuor C considered the principles to be applied when assessing an application for an extension or intensification of a use which may have an adverse impact on residential amenity. She said:

25. Principles for the assessment of an extension or intensification of a use which may have an adverse impact on residential amenity, such as a hotel, are:

• First, is the impact of the operation of the existing use on residential amenity acceptable?

If the answer is no, then an extension or intensification, would be unacceptable unless there is no overall increase in impact or there are measures proposed which would mitigate the existing impact.

• Second, if the answer is yes, is the impact of the proposed extension or

intensification still acceptable? 26. In answering the first question, it is not sufficient to assume that a use operating in compliance with its approval has an acceptable impact.”

In assessing the DA with regard to the planning principle, comments from NSW Police are considered to be the most relevant. NSW Police provided its detailed comments on 18 February 2010, objecting to the original proposal to increase patronage to 900 people. In its comments, NSW Police highlighted that

“… … it does not believe that a further increase of licensed premises or patron numbers at existing premises within the Surry Hills Local Area Command will assist in improving the already negative impact caused by alcohol related incidents but in fact intensify the problem. For this reason police do not support this application. … … ”

NSW Police provided further site specific comments as follows:



“Patronage and management of the Paddington Inn have still be cause of concern. A number of police recorded incidents indicate that patron behaviour before and leaving the licensed premise as well as management of the venue has contributed to adverse incidents. Venue Analysis: Police have conducted an analysis of the Paddington Inn. Police looked at all reported incidents from January 2005 to December 2009. Through the analysis a number of incidents were identified as having a negative impact on the local amenity, poor management including overcrowding, patron behaviour and incidents requiring police intervention. Venue Management: The management of the Paddington Inn has not been able to display a consistent approach to adhering to liquor legislation and Development Consent requirements. Mot notably are the continual incidents of overcrowding at the premise. Overcrowding is a major concern. It is potentially a huge safety risk to patrons and staff at the premises and bring into question the management capabilities of the venue. This issue has been raised with management of the premise previously but has continued to occur. Also of concern has been the inability or unwillingness to assist police in certain incidents. Certain police reports in the analysis have shown incidents where police have identified an issue and enquiries have been met with indifference or hostility. Police have been forced on multiple occasions to intervene in incidents of poor management such as patrons standing on the roadway outside the premise and blocking the footpath. Other reports have indicated [poor quality footage being available to assist in investigation of adverse incidents and the licensee hindering a police investigation. Certain conditions upon the liquor licence of the Paddington Inn are designed to ensure that the local amenity is maintained. This includes the following condition:

That not less than two (2) independent, properly attired security personnel, suitably identified, will be engaged to patrol the area in the vicinity of the premises, in particular, the patrol in William Street is to extend to the intersection of that street with Underwood Street, on the nights that extended hours are exercised, to ensure that patrons do not loiter or linger in that area or cause nuisance or annoyance to the neighbourhood. The patrols will commence at 10.30pm on nights other than Sunday and at 10.00pm on Sunday and continue until the last patrons have left the vicinity of the premises. The patrols along William Street are to be conducted at least every (fifteen) 15 minutes.

This condition has not been strictly adhered to. When management was spoken to in relation to the condition they stated they were not even aware of it. Patron Behaviour: … … The location of the Paddington Inn in relation to residential properties creates a high risk of residents being unduly disturbed by rowdy patrons conducting themselves adversely.



Police analysis identified numerous adverse incidents involving the behaviour of patrons outside the Paddington Inn. Police reports included incidents of patrons urinating on the street, damaging property after leaving the premise, fighting on Oxford Street and William Street, yelling and swearing as well inciting security and other patrons. The adverse behaviour of patrons at the Paddington Inn has been prevalent throughout the entire period of the analysis. The poor behaviour was reported at an increased rate through 2009, indicating that there had been no improvement over time.

Summary Police object to this application. … … The continuous incidents of overcrowding are concerning and indicate an inability to manage a crowd of 300 patrons let along an increase to 900. … … Police do not support any increase in the extension of an entertainment authority to include other areas of the premise. … …”

NSW Police advised that its position has been maintained for the replacement application even though the proposed increase of patron has been reduced to 820 people. For the list of reported incidents, refer to Annexure 7. The above comments from NSW Police clearly demonstrate that the impact of the operation of the existing use on residential amenity is not acceptable. Accordingly, the answer to the first question of the planning principle is “No”. The principle then says:

If the answer is no, then an extension or intensification, would be unacceptable unless there is no overall increase in impact or there are measures proposed which would mitigate the existing impact.

In view of the above, it is concluded that the proposal fails to satisfy the planning principle set out in Vinson v Randwick Council [2005] NSWLEC 142. For this reason, the DA is recommended for refusal. Fire Safety Council’s Fire Safety Officer advised that the premises cannot accommodate the proposed number 820 patrons. In accordance with the requirements of Clause D1.13 of the BCA, the maximum number of patrons allowed onto the premises at any one time shall be limited to five hundred and fifty six (556). For this reason, the proposal is recommended fore refusal. 16. THE SUITABILITY OF THE SITE The site is not suitable for the proposed development for the reason outlined in the report.



17. SUBMISSIONS In accordance with clause 4.5 of Woollahra Municipal Council’s development Control Plan for Advertising and Notification of Development Applications and Applications to Modify Development Consents, the applicant has completed the statutory declaration [see correspondence on file dated 16 November 2009] declaring that the site notice for DA 512/2009/1 at 338 Oxford Street, Paddington was erected and maintained during the notification period in accordance with the requirements of the DCP. The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Submissions were received from: • Clem Strain of No. 18 William Street, Paddington • Petra O’Neill of No. 49 William Street, Paddington • Suzanne and Piers Akerman of No. 83 Stafford Street, Paddington • Kate MacDonald of 1/26 William Street, Paddington • Mr A J Cosgriff and Ms S J Pryor of No. 11 Victoria Place, Paddington • Peter Clymo and Debra Clymo of No. 22-24 William Street, Paddington • Thomas Wilson of No. 16 Victoria Street, Paddington • Angelique Macarounas of No. 37 Hopetoun Street, Paddington • Elizabeth Gervay and Robert Grimm owners of No. 10 Albert Street and 52 Victoria Street,

Paddington • Paddington Society The objections raised the following issues: • Unacceptable level of intensification of use to the existing hotel • Unacceptable traffic impacts to the area inadequate (or no) parking is provided • The traffic provided by the applicant is flaw • Loud music and people noise from the existing hotel are already causing nuisance to local

residents. Increased noise due the proposed increased patrons to the hotel will further impact upon the local amenity.

• Increased anti-social behaviour • Unacceptable hotel management in the past demonstrates that the management will not be able

to handle the increase in patronage to the hotel • Liquor licence and DA conditions have not been adhered or complied with • The existing hotel has been continuously overcrowded • Security guards do not do their duties rather than opening the doors for patrons • The subject property is no longer a local hotel but has turned to entertainment venue resulting

in additional pressure on valuable and limited on-street parking for local residents • The proposed 900 people will exceed the BCA’s requirements • Locating the existing door further down William Street will induce more people lingering

around the nearby residential properties along William Street and Victoria Street. • Heritage impact to the building as well as the heritage conservation area as a whole. • The new large gas fired a/c equipment on the roof adjacent to Victoria Street, without the

proposed increase in height of the rear wall, will be visible from neighbouring properties • The proposed increase in height of the rear wall by 1.65m will destroy the form of the rear wing

and will be too high relative to its neighbours on Victoria Street



General comments: The above issues are acknowledged and have been discussed under relevant headings of this report. The proposal is not considered acceptable and is recommended for refusal. The replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was renotified. Further submissions were received from: • Clem Strain of No. 18 William Street, Paddington • Angelique Macarounas of No. 37 Hopetoun Street, Paddington • Anne Morrison of No. 26 Hopetoun Street, Paddington • Petra O’Neill of No. 49 William Street, Paddington • Adam Dixon of No. 32 William Street, Paddington • Peter Clymo and Debra Clymo of No. 22-24 William Street, Paddington • John Anderson of No. 3 Belmore Place, Paddington • Thomas Wilson of No. 16 Victoria Street, Paddington • Michele Bussell of No. 7 William Street, Paddington • Elizabeth Gervay and Robert Grimm owners of No. 10 Albert Street and 52 Victoria Street,

Paddington • Carole Norwood of No. 67 Underwood Street, Paddington • Ulla Jameson of No. 70 Underwood Street, Paddington • Niles Little of No. 9 Paddington Street, Paddington • Suzanne and Piers Akerman of No. 83 Stafford Street, Paddington • Josi Loche of No. 6 Albert Square, Paddington • Paddington Society The objections raised the following further issues: • The reduction of patron number by merely 80 people (to 820) is disgraceful and is insulting the

hotel’s neighbours and Council General comments: This is acknowledged, as discussed throughout this report under relevant headings, the proposed number of patrons as reduced to 820 is still unacceptable. The proposal is recommended for refusal. 18. CONCLUSION - THE PUBLIC INTEREST The proposal is unacceptable against the relevant considerations under s79C and would not be in the public interest.




20. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT Council, as the consent authority, refuse development consent to Development Application No. 512/2009 for major alterations to the first to change existing offices to bar, lounges, open terrace, toilet, internal stairs, lift to all floors, minor alterations to ground floor including repositioning of entrance from William Street, new gas fired air-conditioning condenser (within building), increase in the maximum capacity of the hotel from 300 to 820 people (initially proposed at 900 people) on land at 338 Oxford Street Paddington, for the following reasons: 1. Woollahra Local Environmental Plan 1995 – Zoning Objectives

In accordance with Clause 8(5) of the Woollahra Local Environmental Plan 1995 in that the proposed intensification of use of the existing hotel will result in negative impacts upon the amenity of surrounding residential area and contravene Objectives (b) of the Neigbourhood Business 3(c) zone.

2. Woollahra Local Environmental Plan 1995 – Clause 28: Heritage Conservation Area

The proposal is not considered acceptable in terms of Clause 28 of the Woollahra Local Environmental Plan 1995 in that the proposed increase in rear wall height will result in an adverse impact upon the Paddington Heritage Conservation Area.

3. Planning Principle

The proposal fails to satisfy the planning principle set out in Vinson v Randwick Council [2005] NSWLEC 142. The proposed intensification to increase patron number to 820 people will result in adverse amenity impacts upon local residents and is not considered acceptable.

4. Paddington Heritage Conservation Area Development Control Plan 2008

(a) The proposal is not considered acceptable in terms of Objective O2 and Controls C6 and C10 of Part 4.1.3 – Rear elevations, rear additions, significant outbuildings and yards of the Paddington Heritage Conservation Area Development Control Plan 2008.

(b) The proposal is not considered acceptable in terms of Objectives O1 and O2 of Part 4.1.10 – Acoustic and visual privacy of the Paddington Heritage Conservation Area Development Control Plan 2008.

(c) The proposal is not considered acceptable in terms of Objective O1 of Part 4.3.8 – Hotels of the Paddington Heritage Conservation Area Development Control Plan 2008.

5. Development Control Plan for Off-Street Parking Provision and Servicing Facilities

The proposal is not considered acceptable in terms of Objective (i) of Woollahra Development Control Plan for Off-Street Parking Provision and Servicing Facilities.

6. Building Codes of Australia

The proposal does not comply with the fire safety requirements set out in Clause D1.13 of the Building Codes of Australia.


7. Public Interest

The proposal is not in the public interest. Mr T Wong George Fotis SENIOR ASSESSMENT OFFICER TEAM LEADER ANNEXURES

1. Plans and elevations 2. Referral Response – Technical Services 3. Referral Response – Health 4. Referral Response – Heritage 5. Referral Response – Compliance Officer 6. Referral Response – Fire Safety 7. Comments from NSW Police – letter dated 18/2/2010 and email dated 26/3/2010


DA 525/2009/1 Woollahra Council Development Control Committee 36 Wallis Street WOOLLAHRA 30 August 2010



FILE No. DA 527/2009/1

36 Wallis Street WOOLLAHRA Lot & DP No.: LOT: B DP: 432825 Side of Street: North Site Area (m²): 132.8m2

PROPERTY DETAILS

Zoning: Residential 2(a)

PROPOSAL Alterations and additions including a loft addition to the garage, extension to the first floor and rear level changes

TYPE OF CONSENT:

Local

APPLICANT:

Mr I M Webber

OWNER:

Mr I M Webber

DATE LODGED:

19/10/2009 (Original submission) 22/01/10, 16/04/10, 30/06/10 and 18/08/10 (Amended plans) 06/07/10, 12/08/10 and 18/08/10 (Amended shadow diagrams)

AUTHOR:

Ms S Court

1. PREAMBLE At its meeting of 2 August 2010, the Development Control Committee resolved to defer the determination of this application as follows:-

THAT the Council, defer Development Application No. 527/2009 for alterations and additions including a loft addition to the garage, extension to the first floor and rear level changes on land at 36 Wallis Street Woollahra, at the applicant’s request to a future Development Control Committee.

At this meeting, the applicant provided an amended set of drawings detailing changes to the first floor addition. The application was deferred in order to allow the consideration of these amended plans by Council’s planning staff. On Friday 6 August, a site inspection was carried out by David Waghorn to ascertain the extent of view loss to the adjoining property owner at 38 Wallis Street. At the site visit it was established that there would be no impact on views if the rear balcony were deleted and the first floor extension to the rear was reduced by an additional 250mm. On 18 August, the applicant submitted amended plans (revision J) which detailed modifications to the first floor addition, detailed as follows:

• Deletion of the rear facing balcony at first floor level; • Reduction in the extension of the first floor extension by an additional 250mm; • Addition of windows to the first floor rear elevation with fixed panes at the lower level.


These plans supersede the revision E plans previously submitted to DCC on 2 August 2010. Additional shadow diagrams were also supplied by the applicant to incorporate the levels for the adjoining property, 38 Wallis Street, and illustrate the impact of the existing boundary fence between 38 and 40 Wallis Street and the proposed 3.0m roll out awning to the subject site. 2. ASSESSMENT OF AMENDED PLANS AND ISSUES 2.1 First Floor Addition In the late correspondence submitted by the applicant on 28 July 2010, it was formally requested that the proposed extension be amended by deleting the proposed balcony. A site inspection was carried out on Friday 6 August to ascertain the impact on view loss that this amendment would have on the adjoining property, 38 Wallis Street. It was established that by deleting the balcony and restricting the extension to 750mm, there would be no view loss resulting from the proposed development, as depicted in the below photographs.

Best case scenario resulting from a 750mm extension

Worst case scenario resulting from a 750mm extension




With regard to the privacy impact on 38 Wallis Street, it is considered that the replacement of the balcony with windows will result in a substantial improvement to the privacy of the adjoining dwelling. The proposed windows will not allow for backwards viewing to the balcony of 38 Wallis Street and the eastern setback, which is maintained for the length of the first floor extension, will ensure that overlooking to the rear private open space of 38 Wallis Street is minimised. Amended plans (revision J, dated 18.08.10) have been submitted illustrating the deletion of the balcony and the reduced extension to 750mm. Subject to Condition A.1 the modified first floor extension is deemed acceptable with regard to view loss and privacy. 2.2 Loft Addition – Overshadowing The adjoining neighbour (38 Wallis Street) has disputed the applicant’s claim that they comply with Council’s solar access requirements. Furthermore, it has been stated that the dimensions of the adjoining site have been calculated incorrectly. A site visit has confirmed that the rear open space of 38 Wallis Street measures 3.7m in width and 10.3m in length, equating to a total of 38.1m2. This is the same as detailed on the survey submitted by the applicant. The amended shadow diagrams illustrate the impact of the loft addition, taking into account the existing ground levels at 38 Wallis Street and the boundary fencing between 38 and 40 Wallis Street. These shadow diagrams indicate the following levels of sunlight access afforded to the neighbouring site (38 Wallis Street) as a result of the proposal:

• 4% sunlight received (1.6m2) at 9am o Situation as existing - no additional overshadowing

• 20% sunlight received (8.6m2) at 10am o Situation as existing – no additional overshadowing

• 48% sunlight received (18.1m2) at 11am o Situation as existing – no additional overshadowing

• 48% sunlight received (18.2m2) at 12pm o Situation as existing – no additional overshadowing

• 50% sunlight received (18.8m2) at 1pm o Situation as existing – no additional overshadowing

• 39% sunlight received (14.7m2) at 2pm o Additional overshadowing equivalent to approximately 0.9m2

• 21% sunlight received (8.1m2) at 3pm o Additional overshadowing equivalent to approximately 0.15m2

C8 of part 3.4.4 of the WHCA DCP stipulates that at least 50% of the main private open space of adjoining properties is to receive a minimum of two hours of sunlight between the hours of 9am and 3pm on June 21. The control also states that where existing overshadowing is non-compliant, sunlight is not to be further reduced. Although previously stated that the adjoining site (38 Wallis Street) complied with this requirement, the amended shadows indicate that compliance is not achieved. However, the non-compliance is nominal, falling short by less than 1m2 between 11am and 1pm. Furthermore between these hours overshadowing will not be further exacerbated by the proposed development due to the orientation of the site.



The additional overshadowing between 2pm and 3pm is also limited to less than 1m2 representing approximately 2% (at 2pm) and 0.4% (at 3pm) of the total area of private open space to the rear. This is considered to be a negligible consequence of the development which is unlikely to have an adverse impact on the adjoining property owner. C 13 of part 3.4.9 states that loft structures will not be permitted if there is an adverse impact on the amenity of adjoining property, including solar access. It is not considered that the additional overshadowing, which is deemed negligible, equates to an adverse impact on the adjoining property. 2.3 Roll out awning The neighbouring property at 38 Wallis Street has objected to the proposed roll out awning on the basis that it will cause additional overshadowing and bulk to the proposal. Condition C.1 (b) was initially recommended in response to the objector’s issues and required the proposed awning to be restricted to 2 metres in length in line with the State Environmental Planning Policy for Exempt and Complying Development. However, the amended shadow diagrams indicate that the proposed awning will result in negligible additional overshadowing at 2pm. The objectors argument of bulk is not supported given the awning is a non-permanent structure and located at ground floor level, just above the height of the existing boundary fence. 2.4 Wardrobe windows The objection originally submitted by the adjoining neighbour (38 Wallis Street) raised concern over privacy issues arising from the proposed wardrobe window. The privacy impact was deemed to be insignificant and no objection was raised to its insertion. However, the applicant has stated that the changes to the first floor addition have resulted in a need to redesign the bedroom and wardrobe space. It is preferable from the applicant’s point of view to remove both the proposed and the existing wardrobe windows and instead, install a skylight window to provide natural light into the space. Accordingly, Condition C.1 recommends the incorporation of these changes which will both satisfy the objector’s initial concerns and provide a positive outcome for the applicant. 3. NOTIFICATION The replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the replacement application is substantially the same development as the original proposal and considered to have no greater environmental impact upon neighbours. 4. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and

Assessment Act, 1979 THAT the Council, as the consent authority, grant development consent to Development Application No. 527/2009 for alterations and additions including a loft addition to the garage, extension to the first floor and rear level changes on land at 36 Wallis Street Woollahra, subject to the following conditions:



A. General Conditions A.1 Conditions


A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: • The collection of stormwater, • The retention of stormwater, • The reuse of stormwater, • The detention of stormwater, • The controlled release of stormwater; and • Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed.



Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: • the use of land in connection with development, • the subdivision of land, • the erection of a building, • the carrying out of any work, • the use of any site crane, machine, article, material, or thing, • the storage of waste, materials, site crane, machine, article, material, or thing, • the demolition of a building, • the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land, • the delivery to or removal from the site of any machine, article, material, or thing, or • the occupation of the site by any person unless authorised by an occupation certificate.






A2/01, A2/02.1, A2/02.2, A2/03, A2/04, A2/05, A2/06 (all Issue J)

Architectural Plans T01 Architecture & Interiors 18.08.10

A74900 BASIX Certificate Department of Planning 20 Jan 2010 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped



Standard Condition: A5



A.4 Ancillary Aspect of the Development (s80A(2) of the Act)

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense. Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and

preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8

A.5 Prescribed Conditions





Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1

C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) The height of boundary fencing to the rear is to remain as existing b) The existing and proposed windows to the walk in wardrobe at first floor level are to be

removed. c) A skylight is to be provided over the walk in wardrobe at first floor level. The skylight

must:

i. Be of a low profile; ii. Be flush with the roof surface; iii. Not be visible from the public domain;




iv. Have a frame colour which matches the surrounding roof colour; and v. Be no greater than 6m2 in area (25% of the roof surface)







Description Amount Indexed Council

Fee Code LONG SERVICE LEVY

under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm


No



$4,000 No T115

INSPECTION FEES under Section 608 of the Local Government Act 1993

Security Administration Fee $175 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES


Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: • Cash deposit with Council, • Credit card payment with Council, or • Bank cheque made payable to Woollahra Municipal Council.






The payment of a security may be made by a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];


• The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and • The bank’s obligations are discharged when payment to the Council is made in accordance with the

guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Standard Condition: C5

C.3 BASIX commitments

The applicant must submit to the Certifying Authority BASIX Certificate No.A74900 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new

BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7 C.4 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application. Note: This condition is imposed to ensure that the existing structure is able to support the additional loads

proposed. Standard Condition: C35 C.5 Professional Engineering Details


Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate.



Note: This does not affect the right of the developer to seek staged Construction Certificates. Standard Condition: C36

C.6 Light & Ventilation

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail all a lighting, mechanical ventilation or air-conditioning systems complying with Part F.4 of the BCA or clause 3.8.4 and 3.8.5 of the BCA Housing Provisions, inclusive of AS 1668.1, AS 1668.2 and AS/NZS 3666.1. If an alternate solution is proposed then the Construction Certificate application must include a statement as to how the performance requirements of the BCA are to be complied with and support the performance based solution by expert evidence of suitability. This condition does not set aside the mandatory requirements of the Public Health (Microbial Control) Regulation2000 in relation to regulated systems. This condition does not set aside the effect of the Protection of the Environment Operations Act 1997 in relation to offensive noise or odour. Note: Clause 98 of the Regulation requires compliance with the BCA. Clause 145 of the Regulation prevents

the issue of a Construction Certificate unless the Accredited Certifier/Council is satisfied that compliance has been achieved. Schedule 1, Part 3 of the Regulation details what information must be submitted with any Construction Certificate. It is the Applicant's responsibility to demonstrate compliance through the Construction Certificate application process. Applicants must also consider possible noise and odour nuisances that may arise. The provisions of the Protection of the Environment Operations Act 1997 have overriding effect if offensive noise or odour arises from the use. Applicant's must pay attention to the location of air intakes and air exhausts relative to sources of potentially contaminated air and neighbouring windows and air intakes respectively, see section 2 and 3 of AS 1668.2. Standard Condition C59

C.7 Bicycle, Car and Commercial Parking Details


Standard Condition: C45 C.8 Stormwater discharge to existing Stormwater Drainage System (Clause 25(2) WLEP

1995) The Construction Certificate plans and specifications required by clause 139 of the Regulation, must detail: a) The location of the existing Stormwater Drainage System including all pipes, inspection

openings, surface drains, pits and their discharge location, b) The state of repair of the existing Stormwater Drainage System, c) Any remedial works required to upgrade the existing Stormwater Drainage System to

comply with the BCA,



d) Any remedial works required to upgrade the existing Stormwater Drainage System crossing the footpath and any new kerb outlets,

e) Any new Stormwater Drainage System complying with the BCA, f) Interceptor drain(s) at the site boundary to prevent stormwater flows from the site

crossing the footpath, g) Any rainwater tank (See Note below) required by BASIX commitments including their

overflow connection to the Stormwater Drainage System, and h) General compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14/12/2006) Where any new Stormwater Drainage System crosses the footpath area within any road, separate approval under section 138 of the Roads Act 1993 must be obtained from Council for those works prior to the issue of any Construction Certificate. All Stormwater Drainage System work within any road or public place must comply with Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. Note: Clause F1.1 of Volume 1 and Part 3.1.2 of Volume 2 of the BCA provide that stormwater drainage

complying with AS/NZS 3500.3 Plumbing and drainage - Part 3: Stormwater drainage is deemed-to-satisfy the BCA. Council’s specifications apply in relation to any works with any road or public place.

Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008 “Rainwater Tank Design and Installation Handbook”.

Note: Stormwater Drainage Systems must not discharge to any Sewer System. It is illegal to connect stormwater pipes and drains to the sewerage system as this can overload the system and cause sewage overflows. See: http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes

Note: Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003 and Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14/12/2006) can be downloaded from Council’s website: www.woollahra.nsw.gov.au Standard Condition: C49

D. Conditions which must be satisfied prior to the commencement of any development

work D.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) in the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building.


http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1989%20AND%20Actno%3D147&nohits=y




In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of

insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia.

Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia. Standard Condition: D1 D.2 Security Fencing, Hoarding and Overhead Protection

Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.


Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either: a) The vertical height above footpath level of the structure being demolished is less than

4.0 m; or b) The least horizontal distance between footpath and the nearest part of the structure is

greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must: a) Extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b) Have a clear height above the footpath of not less than 2.1 m;



c) Terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and


The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm. Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a

hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.

Standard Condition: D11 D.3 Site Signs

The Principal Contractor or owner builder must ensure that the sign/s required by clauses 98A and 227A of the Regulation is/are erected and maintained at all times. Clause 98A of the Regulation provides: Erection of signs • For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed

as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

• A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the

work, and b. showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited.

• Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

• This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

• This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”





Clause 227A of the Regulation provides:


If there is a person who is the PCA or the principal contractor for any building work, subdivision work or demolition work authorised to be carried out on a site by a development consent or complying development certificate: • Each such person MUST ensure that a rigid and durable sign showing the person’s identifying particulars

so that they can be read easily by anyone in any public road or other public place adjacent to the site is erected in a prominent position on the site before the commencement of work, and is maintained on the site at all times while this clause applies until the work has been carried out.

Note: Clause 227A imposes a penalty exceeding $1,000 if these requirements are not complied with. Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder

who must ensure that the sign is erected and maintained as required by Clause 98A and Clause 227A of the Regulation.


D.4 Toilet Facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a) must be a standard flushing toilet, and b) must be connected to a public sewer, or c) if connection to a public sewer is not practicable, to an accredited sewage management

facility approved by the council, or d) if connection to a public sewer or an accredited sewage management facility is not

practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.




D.5 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)

The erection of the building in accordance with this development consent must not be commenced until: a) A construction certificate for the building work has been issued by the consent

authority, the council (if the council is not the consent authority) or an accredited Certifier, and

b) The person having the benefit of the development consent has:

• Appointed a principal certifying authority for the building work, and • Notified the principal certifying authority that the person will carry out the

building work as an owner-builder, if that is the case, and

c) the principal certifying authority has, no later than 2 days before the building work commences: • Notified the consent authority and the council (if the council is not the consent

authority) of his or her appointment, and • Notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of the building work, and

d) The person having the benefit of the development consent, if not carrying out the work

as an owner-builder, has: • Appointed a principal contractor for the building work who must be the holder of

a contractor licence if any residential building work is involved, and • Notified the principal certifying authority of any such appointment, and • Unless that person is the principal contractor, notified the principal contractor of

any critical stage inspections and other inspections that are to be carried out in respect of the building work, and


Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure

or part of a structure. Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an

extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to, an

existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council’s website www.woollahra.nsw.gov.au .

Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15

D.6 Notification of Home Building Act 1989 requirements

a) For the purposes of section 80A (11) of the Act, the requirements of this condition are

prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.








- the name and licence number of the principal contractor, and - the name of the insurer by which the work is insured under Part 6 of that

Act,

• In the case of work to be done by an owner-builder: - the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit. c) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

d) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.


E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a) That the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) In the case of residential building work for which the Home Building Act 1989 requires


This condition does not apply: a) To the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

b) To the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.






E.2 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.

Standard Condition: E2 E.3 Critical Stage Inspections

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be

satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey

reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.

Standard Condition: E5 E.4 Hours of Work –Amenity of the neighbourhood

a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, and d) No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering

or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.

e) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.

This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in

particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.

Note: Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution.


Note: Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.

Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf


http://www.epa.nsw.gov.au/noise/nglg.htm

http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf



E.5 Placement and use of Skip Bins The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local

Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully

park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Waste storage containers must not be located on the footpath without a site specific activity approval.

Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21

E.6 Prohibition of burning


Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.

Standard Condition: E22 E.7 Dust Mitigation

Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust. Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site

www.woollahra.nsw.gov.au or obtained from Council’s office. Note: Special precautions must be taken when removing asbestos or lead materials from development sites.

Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.

Note: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution.

Standard Condition: E23 E.8 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must:


http://www.workcover.nsw.gov.au/

http://www.epa.nsw.gov.au/



Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. a) Not use the road or footway for the storage of any article, material, matter, waste or

thing. b) Not use the road or footway for any work. c) Keep the road and footway in good repair free of any trip hazard or obstruction. d) Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all

relevant parts of this set of standards. b) Australian Road Rules to the extent they are adopted under the Road Transport (Safety

and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close

any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not: • erect a structure or carry out a work in, on or over a public road, or • dig up or disturb the surface of a public road, or • remove or interfere with a structure, work or tree on a public road, or • pump water into a public road from any land adjoining the road, or • connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only

with the prior approval of the council including: • Part C Management of Waste:

a. For fee or reward, transport waste over or under a public place b. Place waste in a public place c. Place a waste storage container in a public place.”

• Part E Public roads: a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle

projecting over the footway b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to

overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”

c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.

Standard Condition: E7 E.9 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions;



Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

F. Conditions which must be satisfied prior to any occupation or use of the building (Part

4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act)

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: New building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1 F.2 Commissioning and Certification of Systems and Works

The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must include but may not be limited to: a) Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.” d) All stormwater drainage and storage systems. e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuation work. i) All waterproofing. j Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).


Standard Condition: F7 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

No relevant controls

http://www.epa.nsw.gov.au/small_business/builders.htm



H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c))

H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No. A74900. Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7 H.2 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the

Final Occupation Certificate. Standard Condition: H12

I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A74900 Note: This condition affects successors in title with the intent that environmental sustainability measures must be

maintained for the life of development under this consent. Standard Condition: I7 I.2 General Ventilation

All internal sanitary rooms and laundry facilities not provided with natural ventilation, must be provided with a system of mechanical exhaust ventilation in accordance with Table B1 “Minimum Exhaust Ventilation Flow Rates” of AS 1668.2-1991. Details of any proposed mechanical ventilation system(s) being submitted with the Construction Certificate plans and specifications, required to be submitted to the Certifying Authority demonstrating compliance with AS 1668 Parts 1&2.

I.3 Noise from mechanical plant and equipment - Air Conditioning Plant

The noise level measured at any boundary of the site at any time while the mechanical plant and equipment is operating must not exceed the background noise level. Where noise sensitive receivers are located within the site, the noise level is measured from the nearest strata, stratum or community title land and must not exceed background noise level at any time.



The background noise level is the underlying level present in the ambient noise, excluding the subject noise source, when extraneous noise is removed. This condition has been imposed to protect the amenity of the neighbourhood. Note: Words in this condition have the same meaning as in the:

NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) ISBN 1741370671 , dated December 2004. Standard Condition: I53

J. Miscellaneous Conditions

No relevant conditions K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action. Note: The payment of environmental penalty infringement notices does not result in any criminal offence being


http://www.environment.nsw.gov.au/resources/ind_noise.pdf






The principal contractor, owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au. When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.

Standard Advising: K2 K.3 Builders Licences and Owner Builders Permits

Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5

K.4 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf


http://www.dialbeforeyoudig.com.au/


http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf



Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.

Standard Condition: K6 K.5 Workcover requirements

The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry. Note: Further information can be obtained from Workcover NSW’s website:

http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7

K.6 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Sarah Court Assessment Officer, on (02) 9391 7067. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

Standard Condition: K14 K.7 Release of Security

An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period.

http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?TITLE=%22Occupational%20Health%20and%20Safety%20Act%202000%20No%2040%22&nohits=y

http://www.workcover.nsw.gov.au/Industry/Construction/default.htm



Note: The Application for Refund of Security form can be downloaded from http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf

Standard Condition: K15 Ms S Court Mr S Chambers ASSESSMENT OFFICER ACTING TEAM LEADER ANNEXURES 1. Plans, elevations and shadow diagrams (Issue J) 2. Original Development Application Assessment report dated 20 July 2010

DA 209/2010/1 Woollahra Council Development Control Committee 54 Mona Road DARLING POINT 30 August 2010



FILE No. DA 209/2010/1 54 Mona Road DARLING POINT Lot & DP No.: LOT: CP SP: 13398 Side of Street: Northwest Site Area (m²): 284.5

PROPERTY DETAILS

Zoning: Residential 2(b)

PROPOSAL:

Alterations and additions to existing building including change of use from 5 x 1 bedroom apartments to 1 dwelling house with addition of balcony, bay window and spa pool with deck to Loftus Rd elevation

TYPE OF CONSENT:

Local

APPLICANT:

JPR Management

OWNER:

Rabita Holdings Pty Ltd

DATE LODGED:

07/05/2010

AUTHOR:

Mr T Wong

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO 1. RECOMMENDATION PRECIS The application is recommended for approval because, subject to conditions, it:

1. is permissible under the zoning, 2. complies with the objectives of the relevant planning standards contained in WLEP 1995

and RDCP 2003, 3. is an appropriate design for the site, and 4. will not have adverse effects on the amenity of adjoining properties such that refusal is

justified. 2. PROPOSAL PRECIS Alterations to an existing RFB and converting it to a single residence.


3. LOCALITY PLAN



North

Locality Plan

4. DESCRIPTION OF PROPOSAL The applicant seeks Council consent to convert the existing residential flat building containing five 1 bedroom units to a single residence. The proposed alterations and additions include the following works: Level 1 (Loftus Road Level)

• Amalgamation of the two existing single garages into one double garage with internal access ramp connecting to the residence

• New pedestrian entry with awning over • New landscape strips with Tuckroo trees to both sides of garage (these works are on

Council’s land)

Level 2 • Major alterations to the rear of the existing building to create a home office, studio and

bathroom • New landscaped terrace and courtyard to the northern and north-western side of the building

Level 3 (Mona Road Level)

• Major internal layout alterations to create a study, kitchen, dining, living and roof terrace • New plunge pool on elevated structure extends beyond the roof terrace

Level 4

• Major internal layout alterations to create 3 bedrooms all with ensuite. • New rear balcony of Bed 01



Level 5 • A new attic loft gym with ensuite • New roof terrace with pergola • Lift shaft.

Exterior

• New front fence upon Mona Road • Alterations of feneration upon Mona Road • Addition of timber shutters to existing windows • Rendered masonry • New landscaping

5. SUMMARY

Reasons for report Issues Submissions The DA is for alterations and additions to an existing residential flat building which does not satisfy the criteria for delegated determination due to the proposal exceeding the height development standard by greater than 10%

• Proposed trees and other works on Council’s land upon Loftus Road

• FSR • Height (SEPP 1 Objection) • Deep Soil • Setback • Building footprint • Pool

One submission was received but has been withdrawn subsequently.

6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work. Where the estimated cost of work is greater than $750,000 or where the applicant’s estimate is considered to be neither genuine or accurate, the applicant has to provide a Quantity Surveyor’s report. A Quantity Surveyor’s report was provided with this DA which estimates the cost of the proposed development at $1,950,000 .


7. DESCRIPTION OF SITE OF LOCALITY

THE SITE AND LOCALITY The subject site is located to the north-western side of Mona Road with dual frontage upon Loftus Road to the rear (NW). It is located at the roundabout intersection with Darling Point Road and Greenoaks Avenue.

Physical features

The subject site has a steep sloping topography from the southeast (front) to the northwest (rear). It falls approximately 10m from the front to the rear. Topography

Existing on the site is a residential flat building comprising 5 x 1 bedroom strata apartment building. Two garages are located to the rear accessible from Loftus Road. The existing building is two storey upon the Mona Road frontage but is three storey at the rear. From Loftus, the three storey building sits over the two rear garages which are set to the Loftus Road frontage.


Surrounding the site is mainly multi-story residential flat buildings of various architectural styles mixed with single dwelling houses. Environment



Subject Site upon Mona Road Subject Site upon Loftus Road

Existing garages upon Loftus Road Adjoining property to the northeast 8. PROPERTY HISTORY

PROPERTY HISTORY Current use Residential flat building Previous relevant applications N/A Pre-DA Nil Requests for additional information • Demolition calculation (Received on 28/5/2010)

• Section through basement ramp (Received on 28/5/2010) • SEPP 1 Objection to height development standard (Received on 28/5/2010) • Calculation of deep soil (Received on 9/7/2010) • Front fence details (Received on 14/7/2010)

Amended plans/ N/A Replacement Application Land & Environment Court appeal N/A






Development Engineer Satisfactory (Refer to conditions C.1(a) and (b), C.4-C.6, C.8-C.11, D.1, D.13, E.5, E.8-E.15, E.20, F.2)

2

Landscaping Officer Satisfactory (Refer to conditions B.2, C.3, E.1, E.2)

3

Heritage Officer Satisfactory 4 9.2 The following table contains particulars of external referrals. No external referral is required.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. A82800 committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000. State Environmental Planning Policy No. 55 – Remediation of Land Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. The land is currently used for residential purpose and there is no evidence before Council to suggest that the land has been used for any non-residential purpose. Consequently, the possibility of the land being contaminated is substantially reduced. It is considered that Council can be satisfied that the land is not contaminated such that remediation would be required. It is therefore considered acceptable with regard to SEPP 55. State Environmental Planning Policy – Affordable Rental Housing 2009 Not relevant, given that the subject building containing 5 dwellings is strata titled (SA13398). As such, the SEPP is not applicable.



10.2 REPs Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration in relation to this DA. 10.3 Section 94 contribution Not applicable. 10.4 Other relevant legislation None applicable. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(b) zone. 11.2 Statutory compliance table Site Area: 284.5m² Existing Proposed Control Complies

Overall Height

10m (main ridge, RL50.851)

10.8m (rear roof, RL47.601)

11.5m (attic roof, RL49.358) 12.1m (lift Shaft, RL49.975)

11.4m (rear balcony, RL46.570) 10.8m (rear roof, RL47.601)

9.5m NO#

# Satisfactory 11.3 Site area requirements Not applicable. 11.4 Height The proposal breaches the height limit at various points in a range between 1.3m and 2.6m as outlined in the table above. The applicant has submitted a SEPP 1 objection in relation to this non-compliance, which states that:

The only portions of the new work that are above the 9.5m height control are two small roof forms, a lift shaft and part of a balustrade. These areas are below the topmost ridge of the existing building and are a result of the undulating topography of the site (see Figure 1 below).


Objective (a) is to minimise the impact of new development on existing views. The areas of non-compliance are well below the existing topmost ridge, which is at RL 50.840 and runs across the width of the site. The highest point of the areas of non-compliance being the lift shaft is at RL 49.975. The lift shaft is not only lower than the topmost ridge but is also a glass, light weight structure that represents a small area on the top of the building. The other areas of non-compliance are well lower than the topmost ridge and are “tucked” below the existing roof forms and fit within the general outside profile of the existing building. Given the height of the existing ridge and the existing substantial landscaping, it is unlikely that the proposal will result in any significant loss of view. This has been addressed under the Tenacity principles in Section 5.2 of the Statement of Environmental Effects. Objective (b) is to provide compatibility with the adjoining residential neighbourhood. As indicated, the areas of non-compliance are within the outside profile of the existing building. It is only the lift shaft that protrudes outside this envelope however, this is small is size when compared to the rest of the building and is almost 1m lower than the existing roof ridge. This and indeed the majority of the other areas of non-compliance will not be readily visible from the street, due to their location behind the existing roof ridge and also due to the substantial street trees surrounding the site. The only area of non-compliance that will be visible in the public domain is the rear balcony, which is also lower than the existing roof forms and provides articulation to an otherwise bland façade. It is for these reasons that the proposed areas of non-compliance are compatible with the existing building and the residential neighbourhood. Objective (c) is to protect the visual privacy of neighbouring buildings. The areas of non-compliance that could have any bearing on privacy are the balustrade for the terrace and the rear balcony. The terrace has been carefully sited to ensure there is no impact on the privacy of the surrounding residences. This is particularly the case, given its height when compared to the surrounding buildings and there being no direct sight lines into private open space areas. The rear balcony is protected by way of a privacy screen and as such there are no privacy issues anticipated in this regard. Accordingly, the proposal is considered to be consistent with this objective.




Objective (d) is to minimise adverse impacts on solar access and to minimise overshadowing. Shadow diagrams have been prepared and submitted with the development application. These diagrams indicate that the extent of additional overshadowing when compared to the existing building will be minor. The additional overshadowing generated by the areas of non-compliance is negligible. Accordingly, while the extent of non-compliance will provide some overshadowing, the extent and impact that would result is considered to be of a minor nature and unlikely to have an adverse impact. Objective (e) is to maintain the amenity of the public domain by preserving views and the special qualities of streetscapes. As indicated, given the location of the areas of on-compliance when compared to the existing higher parts of the existing building, the proposal is not likely to affect any public views. The proposal will result in an improvement in what can best be described as a tired building with a bland façade to Loftus Road by a scheme that provides articulation and visual interest. Accordingly, as the proposed areas of non-compliance will not have a detriment affect on the bulk and scale of the development; affect the streetscape character; and result in an unreasonable amount of view loss or overshadowing. In the circumstances of the particular case, the SEPP No. 1 Objection for the height development standard is considered to be well-founded. As indicated, the proposal satisfies the objectives for height pursuant to Clause 12AA of the LEP. The proposal also satisfies the objectives of the Residential 2(b) zone, in particular the objective of encouraging a diversity of dwelling types and tenure. The proposal is also consistent with the relevant objectives of the Residential Development Control Plan 2003 including the general character objectives for the Darling Point Precinct, as stated in the submitted Statement of Environmental Effects. The proposal represents an improvement to the external appearance of the existing building and is considered to be appropriate in terms of the context. The areas of non-compliance will not be readily apparent from the public domain, with the exception of the rear balcony, which is considered an integral part of that facade in providing much needed articulation and visual interest.

The SEPP 1 Objection is assessed under Council’s procedure as set out below:- 1. Is the planning control in question a development standard?

The maximum building height is a development standard under WLEP 1995.

2. What is the underlying purpose of the standard?

The objectives of the maximum building height development standard in Woollahra LEP 1995 are as follows:

a) To minimise the impact of new development on existing views of the Sydney Harbour,

ridgelines, public and private open spaces and views of the Sydney City skyline; b) To provide compatibility with the adjoining residential neighbourhood; c) To safeguard visual privacy of interior and exterior living areas of neighbouring

dwellings; d) To minimise detrimental impacts on existing sunlight access to interior living rooms

and exterior open space areas and minimise overshadowing;



e) To maintain the amenity of the public domain by preserving public views of the harbour and surrounding areas and the special qualities of the streetscapes.

3. Is compliance with the development standard consistent with the aims of the Policy, and in

particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act?

Having considered the objectives of the development standard contained in Woollahra LEP, the height of the development will be comparable to that of adjoining development, will not obstruct water and city skylines, will not significantly exacerbate overshadowing and, it will not have an adverse impact upon views from adjoining properties. Therefore, the proposal will achieve the objectives of the height standard. As such, the strict application of the maximum building height development standard is considered unreasonable and unnecessary in the circumstances of the case.

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the case?

In view of the above, the strict application of the maximum building height development standard is considered unreasonable and unnecessary in the circumstances of the case.

5. Is the objection well founded?

The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary is well founded and it is considered that granting of development consent would be consistent with the aims and objectives of SEPP 1.

11.5 Floor space ratio Not applicable. 11.6 FSBL Not applicable. 11.7 Other special clauses/development standards Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18. Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2). Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: The proposal is considered acceptable in terms of Clause 27.



12. DRAFT AMENDMENTS TO STATUTORY CONTROLS Not applicable. 13. DEVELOPMENT CONTROL PLANS 13.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003 Site Area (284.5m²) Existing Proposed Control Complies

Maximum Number of Storeys – Dwelling

2-storey (front), 3-

storey (rear)

2-storey with attic (front), 3-storey (rear)

2 + basement NO

Building Boundary Setbacks Front (SE) Rear (NW) Side (NE) Level 2 (NW portion) Level 3 (NW portion) Level 4 (NW portion) Level 3 (SE portion) Level 4 (SE portion) Side (SW) Level 2 (NW portion) Level 3 (NW portion) Level 4 (NW portion) Level 3 (SE portion) Level 4 (SE portion)

2.4-3m

6.8-8.4m

1.5m 1.5m 1.5m 0.9m 0.9m

Nil Nil Nil Nil Nil

2.4-3m

3.4-4.8m

1.5m 1.5m 1.5m 0.9m 0.9m

Nil Nil Nil Nil Nil

Predominant

25% length (8.5m)

1.5m 1.5m 3m

1.5m 1.5m

1.5m 1.5m 1.5m 0.9m 0.9m

YES NO*

YES YES NO* NO* NO*

NO* NO* NO* NO* NO*

Building Footprint 71.5% (203.3m2)

76.9% (218.77m2)

61% (174m2) NO

Floor Space Ratio 1.41:1 (401.44m2)

1.54:1 (439.88m2)

0.75:1 (213m2) NO

Excavation Piling and Subsurface Wall Setback --- >1.5m 1.5m YES

Deep Soil Landscaping – Dwelling Nil 22%

(24.46m²) 50%

(55m2) NO*

Deep Soil Landscaping – Front Setback (Consolidated Area) Nil > 40% 40% YES

Private Open Space at Ground Level – Total

> 35m² > 3m

> 35m² > 3m

35m² Min dimension 3m YES

Private Open Space at Ground Level – Principal Area

> 16m² > 4m

> 16m² > 4m


Private Open Space at Ground Level – Maximum Gradient < 1:10 < 1:10 1:10 YES

Location of Swimming Pool N/A Rear Setback Rear Setback YES

Swimming Pool Excavation, Piling and Subsurface Wall Setback N/A

Nil (Rear) 2.2m (NE side) Nil (SW side)

1.5m NO

Swimming Pool Height Above Ground Level Adjacent to the HFSPA N/A 5.4m 0.3m NO

Front Fence Height 1.2m (solid) Ave. 1.5m (50% transparent)

1.2m/1.5m where 50% transparent YES

Location of Garages and Car Parking Structures Rear Rear Behind Front Setback YES

Car Parking Spaces – Dwellings 2 2 2 YES

* Existing non-compliance


Desired future precinct character objectives and performance criteria (Part 4) The subject site falls within the Darling Point Precinct according to Part 4.1 of the RDCP 2003. Control C 4.1.18.3 states “dwelling houses are to be a maximum height of two storeys”. Where landform of a site falls more than two metres from the street to the rear of a property, an additional basement storey may be permitted provided that all other RDCP controls are met. It is noted that the landform of the subject site falls more than 2 metres from the Mon Road towards Loftus Road. In addition, the existing building is a part 2 (front) and part 3 storey (rear) structure. The proposed alterations are generally within the existing built form. Although, technically, the proposed new attic floor to the front portion of the building will constitute a new storey, it will only take up the existing roof space and will not add to the bulk of the building. As such, the building will still be presented as a two storey structure upon Mona Road. Existing front fence is a low dwarf masonry wall up to 1.2m with pillars. The proposal will erect steel fins on top of the existing masonry wall to an average height of 1.5m. The new steel fins are set in angle and will provide more than 50% transparency. In view of the above, the proposal is considered satisfactory with regard to the objectives prescribed in Part 4.1 of the RDCP 2003. Streetscape performance criteria (Part 5.1) The proposal will largely retain the front elevation of the existing building. Major architectural elements including the archway, windows and roof form will be retained and reinterpreted. As a result, the proposal will have minimal impact upon the existing streetscape (Mona Road).

Existing Building and artist impression provided by the applicant Building size and location performance criteria (Part 5.2) Setbacks The proposed alterations and additions are largely confined within the existing building envelop. While the existing building does not comply with the side and rear setback controls, these existing setbacks will be maintained and will not be further encroached upon.




Footprint The existing building footprint is 71.5% (203.3m2) of the site which already represents a non-compliance with the RDCP control (61%, or 174m2)). As a result of the proposal, the building footprint will be increased to 76.9% (218.77m2). This is due to the remodelling at the central courtyard. The proposal will introduce a new landing which will integrate the building with the central courtyard. Above the landing area is the proposed conservatory which will overhand and cover up this area and, as a result, will increase the building footprint. This increase in building footprint will not result in an adverse environmental impact and is considered satisfactory with regard to the objectives of the control. Floor space ratio The existing FSR is 1.41:1 (401.44m2) which already represents a non-compliance with the RDCP control (0.75:1, or 213m2). As a result of the proposal, FSR will be increased to 1.54:1 (439.88m2). The increased floor area will increase the apparent bulk of the building when viewing from Loftus Road (rear). It is noted that Loftus Road is the secondary and rear frontage of many lots fronting Mona Road. The rear of the buildings on these lots do not form a consistent built form or alignment and have varying styles. Although the apparent bulk of the building will be increase, it will not impact upon the privacy or direct solar access to adjoining properties or to Loftus Road streetscape. The proposal would represent a non-compliance of 280m2 whereas the existing building already exceeds the FSR control by 188m2. Notwithstanding that the proposal is acceptable for the reasons set out below: • The new floor space is mainly located at the central part of the site and the new attic where will

not result in an adverse impact upon the visual bulk of the building when viewed from the public domain.

• When viewed from the neighbouring properties, the scale and bulk of the proposed building would not result in any unreasonable impacts to the amenity of the neighbouring properties, including overbearing or a sense of enclosure.

• The proposal would not unreasonably impact upon the streetscape or the residential amenity of the neighbouring properties.

• The proposal retains an adequate level of sunlight access to the neighbouring properties. • The proposal retains an adequate level of privacy afforded to the neighbouring properties. • The proposal will not obstruct any significant public or private views. Excavation The proposed excavation would provide at least 1.5m setback from all boundaries of the site. Solar access The proposal will not significantly alter the current overshadowing pattern onto the adjoining properties and is therefore considered acceptable in this regard. Open space and landscaping performance criteria (Part 5.3) The proposal will provide adequate private open space and will increase the deep soil landscaping area from nil to 24.46m2. This provision has been verified by further calculation provided by the applicant. Though this figure still represents a non-compliance with the RDCP control, it achieves a major improvement and will assist in on-site stormwater management.



A plunge pool is proposed on Level 3 (street level of Mona Road) to the rear. It is to be elevated above the garage and its northern corner is right to the rear boundary of the site representing a non-compliance to the setback requirement. This plunge pool will be visible from Loftus Road and will add visual bulk to the overall development. Notwithstanding that, as discussed above, the southern side of Loftus Road is the rear of lots fronting Mona Road. This side of Loftus Road does not have a consistent built form or rear building alignment. Developments along this stretch vary in terms of architectural styles, bulk and form. It is considered that the location of the proposed plunge pool will not adversely impact upon the streetscape along Loftus Road. In addition, the use of the plunge is not considered to be inconsistent with other properties along Mona Road. Fences and walls performance criteria (Part 5.4) Refer to Precinct control above. Views performance criteria (Part 5.5) The proposal will not result in adverse impact upon existing public or private views. Energy efficiency performance criteria (Part 5.6) Satisfactory Stormwater management performance criteria (Part 5.7) Satisfactory Acoustic and visual privacy performance criteria (Part 5.8) The proposal will not result in loss of privacy of adjoining properties. The submission from the Strata Plan 15068 at No. 28A Darling Point Road only raised issues related to works outside of the subject site (including the proposed Tuckeroo tree, and the large potted plant within this neighbouring property) but raised no objection on privacy ground. It highlighted that “the Strata does not raise any formal objections in respect of the DA to the extent it applies to the envelop of land comprised within the boundaries of the Property.” Notwithstanding that, the submission was subsequently withdrawn on 5/7/2010 following clarification from Council that Condition C.1(c) is recommended to delete the proposed Tuckeroo trees. Roof terrace of approximately 28m2 has been proposed in the middle part of the building accessible from the loft gym. No direct sight line to habitable windows of adjoining properties will be obtainable from the roof terrace. Car parking and driveways performance criteria (Part 5.9) The proposal will comply with the RDCP’s requirements to provide 2 on site parking spaces. Harbour foreshore development performance criteria (Part 5.11) The subject site falls within the HFSPA under the WLEP 1995. Notwithstanding that, the subject site is not readily discernible from the Harbour due to the existing surrounding built structures and tree canopies. The proposal will not result in an adverse visual impact upon the Harbour.



13.2 DCP for off-street car parking provision and servicing facilities The proposed two on-site parking spaces will comply with the DCP’s requirements. 13.3 Woollahra Access This proposal is for a class 1 building. The Access DCP encourages, rather than requires, visitor access for older people or people with a disability for class 1 buildings. Lift access has been provided in this proposal accessing the ground floor to all floors except the garages. This is considered acceptable under the provisions of the DCP. 13.4 Other DCPs, codes and policies Not applicable. 14. APPLICABLE REGULATIONS Clause 92 of the EPA Regulation 2000 requires us to consider Australian Standard AS 2601-1991: The demolition of structures. It also requires compliance with this standard by condition of consent. The proposal will comply by condition. 15. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts of the proposal have been assessed elsewhere in this report. 16. THE SUITABILITY OF THE SITE The site is suitable for the proposed development. 17. SUBMISSIONS In accordance with clause 4.5 of Woollahra Municipal Council’s development Control Plan for Advertising and Notification of Development Applications and Applications to Modify Development Consents, the applicant has completed the statutory declaration [refer to correspondence on file dated 28 June 2010] declaring that the site notice for DA 209/2010 at 54 Mona Road, Darling Point was erected and maintained during the notification period in accordance with the requirements of the DCP. The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. One submission was received from: the Strata Plan 15068 at No. 28A Darling Point Road The objections raised the following issues: • Plunge pool overhanging above Loftus Road Comments: The proposed plunge pool will not overhang above Loftus Road • A large potted plant is shown within the boundary of the No. 28 A Darling Point Road Comments: No works will be approved on the neighbouring property without their consent.



• Works on the nature strip with Tuckeroo trees will impact upon the vehicular and pedestrian safety along Loftus Road

Comments: These works and proposed trees are required to be deleted from the proposal (refer to Condition C.1(c)) • Possible view loss due to the Tuckeroo tree Comments: The proposed trees are required to be deleted from the proposal (refer to Condition C.1(c)) This objection was subsequently withdrawn on 5/7/2010. 18. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C and would be in the public interest.

19. DISCLOSURE STATEMENTS Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and

Assessment Act, 1979 THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the maximum building height under clause 12 of Woollahra Local Environmental Plan 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the development will not adversely impact on views, not create additional overshadowing and will achieve the objectives of the height standard. AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 209/2010 is consistent with the aims of the Policy, grant development consent to DA No. 209/2010 for alterations and additions to existing building including change of use from 5x1 bedroom apartments to 1 dwelling house with addition of balcony, bay window and spa pool with deck to Loftus Road elevation on land at 54 Mona Road Darling Point, subject to the following conditions: A. General Conditions A.1 Conditions




A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: • The collection of stormwater, • The retention of stormwater, • The reuse of stormwater, • The detention of stormwater, • The controlled release of stormwater; and • Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant.



Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: • the use of land in connection with development, • the subdivision of land, • the erection of a building, • the carrying out of any work, • the use of any site crane, machine, article, material, or thing, • the storage of waste, materials, site crane, machine, article, material, or thing, • the demolition of a building, • the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land, • the delivery to or removal from the site of any machine, article, material, or thing, or • the occupation of the site by any person unless authorised by an occupation certificate.






DA154 (Rev A) DA200 (Rev A) DA201 (Rev A) DA202 (Rev A) DA203 (Rev A) DA204 (Rev A) DA205 (Rev A) DA210 (Rev A) DA211 (Rev A) DA212 (Rev A) DA213 (Rev A) DA214 (Rev A) DA215 (Rev A) DA250 (Rev A) DA251 (Rev A) DA252 (Rev A) DA253 (Rev A) DA750 (Rev A) DA751 (Rev A)

Site Plan Level 1 Plan Level 2 Plan Level 3 Plan Level 4 Plan Level 5 Plan Roof Plan Section AA Section BB North West Elevation North East Elevation South East Elevation South West Elevation North West Elevation Comparison North East Elevation Comparison South East Elevation Comparison South West Elevation Comparison Front Fence Detail Front Fence Perspectives

JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd JPR Architects Pty Ltd

6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 6/5/2010 14 July 2010 14 July 2010

A82800 BASIX Certificate Department of Planning 5 May 2010 Project 71753 Geotechnical Report Douglas Partners May 2010 DA260 – DA263 Landscape Plan Marcia Hosking 6 May 2010



Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.






Prescribed conditions in force under the Act and Regulation must be complied with.

Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.auStandard Condition: A30



Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act.

Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1 B.2 Establishment of Tree Protection Zones

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements;




a) Tree Protection Zone areas

Council Ref No

Species Location Radius from Trunk (Metres)*

1 Waterhousia floribunda Weeping Lillypilly Front – Council verge 1m 2 Waterhousia floribunda Weeping Lillypilly Front – Council verge 1m 3 Plumeria acutifolia Frangipani Front – North east

corner 2m

Note: Where this condition relates to street trees and the fence cannot be placed at the specified radius,

the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected.

b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh

fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.

d) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

e) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels.

f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones.

Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

Standard Condition: B5 C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) The garage clear parking width is to be increased to 5.4m b) The garage entrance is to be increased to 5.5m c) The two proposed Tuckeroo trees on the Council roadway in Loftus Road are deleted d) The proposed nature strip to the east of the rear garage is deleted. e) The kerb around the proposed nature strip west of the rear garage is deleted. This

nature strip is to be level with the vehicle crossing. f) The potted plant within the boundaries of No. 28A Darling Point Road must be deleted. Note: The effect of this condition is that it requires design changes and/or further information to be provided












No



$41,000 No T115


This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $19,500

+ Index Amount Yes,

quarterly T96


Public Road/Footpath Infrastructure Inspection Fee $394 No



Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: • Cash deposit with Council, • Credit card payment with Council, or • Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council










guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: • The reasons given; • Whether any prejudice will be caused to the community deriving benefit from the public facilities; • Whether any prejudice will be caused to the efficacy and operation of this plan; and • Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5



C.3 Amended Landscape Plan

An amended Landscape Plan, prepared by a qualified Landscape Architect or Landscape Designer, in accordance with Councils DA Guide Annexure 8 and conforming to the conditions of this Development Consent is to be submitted to Council for approval prior to issue of the Construction Certificate. Additionally the amended landscape plan must include the following: • Delete the proposed planting of two Tuckeroo trees on the Council roadway in Loftus

Road. C.4 Road and Public Domain Works

A separate application under Section 138 of the Roads Act 1993 is to be made to, and approved by Council prior to the issuing of a Construction Certificate for the following infrastructure works, which must be carried out at the applicant’s expense: a) Full width vehicular crossings having a width of 5.5m in accordance with Council’s

standard driveway drawing RF2. b) A design longitudinal surface profile for the proposed driveway must be submitted for

assessment. c) Removal of the eastern nature strip from the plans. d) Removal of the kerb around the western nature strip. The nature strip is to be level with

the vehicle crossing.

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds.

Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application. Standard Condition: C13

C.5 Bicycle, Car and Commercial Parking Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. The driveway levels on Loftus Road are to be amended as follows:

• The existing footpath level and grade at the street alignment of the property must be

maintained. • The internal garage floor slab is to be adjusted on private property to match the existing

street alignment levels. • Any adjustments required between the garage slab and the street levels are to be carried

out internally on private property. The driveway levels are to comply with AS2890.1 and Council’s Standard Drawing RF2.

• In order to assist access the garage the entrance is to be widened to a minimum of 5.5m



• The internal dimension of the garage is to be increased to 5.4m • The vehicle stacker is to be constructed and installed in accordance with AS2890.1 and

the manufacturers specifications.

Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent. Standard Condition: C45

C.6 Stormwater management plan (Clause 25(2) WLEP 1995)

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a) general design in accordance with Stormwater disposal concept plan prepared by ITM

Design, dated 04/05/2010, Dwgs No. H-DA-00 and H-DA-01 other than amended by this and other conditions;

b) the discharge of stormwater, by direct connection, to the K&G; c) compliance the objectives and performance requirements of the BCA;

d) any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System, and

e) general compliance with the Council’s draft Development Control Plan Stormwater Drainage Management (draft version 1.1 public exhibition copy dated 14/12/2006).

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include:

• All pipe layouts, dimensions, grades, lengths and material specification, • All invert levels reduced to Australian Height Datum (AHD), • Location and dimensions of all drainage pits, • Point and method of connection to Councils drainage infrastructure.

Subsoil Drainage - Subsoil drainage details, clean out points, discharge point.

Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner. C.7 BASIX commitments

The applicant must submit to the Certifying Authority BASIX Certificate No. A82800 with any application for a Construction Certificate.



Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.



Standard Condition: C7 C.8 Soil and Water Management Plan – Submission & Approval

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a) “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and b) “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant

experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ .

Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter. Standard Condition: C25

C.9 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.

Note: This condition is imposed to ensure that the existing structure is able to support the additional loads








Standard Condition: C36 C.11 Geotechnical and Hydrogeological Design, Certification & Monitoring

The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.




e) Provide a Geotechnical and Hydrogeological Monitoring Program that: • Will detect any settlement associated with temporary and permanent works and

structures; • Will detect deflection or movement of temporary and permanent retaining

structures (foundation walls, shoring bracing or the like); • Will detect vibration in accordance with AS 2187.2-1993 Appendix J including

acceptable velocity of vibration (peak particle velocity); • Will detect groundwater changes calibrated against natural groundwater

variations; • Details the location and type of monitoring systems to be utilised; • Details the preset acceptable limits for peak particle velocity and ground water

fluctuations; • Details recommended hold points to allow for the inspection and certification of

geotechnical and hydro-geological measures by the professional engineer; and; • Details a contingency plan.

Standard Condition: C40 C.12 Swimming and Spa Pools – Child Resistant Barriers

The Construction Certificate plans and specifications required by Clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992.



Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55

C.13 Swimming and Spa Pools – Backwash

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the

sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56


work D.1 Dilapidation Reports for existing buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): 28A Darling Point Road, 52 Mona Road, The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.

Note: The reasons for this condition are: • To provide a record of the condition of buildings prior to development being carried out • To encourage developers and its contractors to use construction techniques that will minimise the risk of

damage to buildings on neighbouring land Also refer to the Dilapidation Report Advising for more information regarding this condition Standard Condition: D4

D.2 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:




a) that the work must be carried out in accordance with the requirements of the Building Code of Australia,

b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.


terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Note: This condition must be satisfied prior to commencement of any work in relation to the contract of


Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia. Standard Condition: D1 D.3 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to

ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6

D.4 Construction Management Plan


A construction management plan must be submitted and approved by Council’s Development Engineer. The plan must:- a) Describe the anticipated impact of the demolition, excavation and construction works

on: • Local traffic routes • Pedestrian circulation adjacent to the building site • On-street parking in the local area




b) Describe the means proposed to: • Manage construction works to minimise such impacts, • Provide for the standing of vehicles during construction, • Provide for the movement of trucks to and from the site, and deliveries to the site

c) Show the location of: • Any site sheds and any anticipated use of cranes and concrete pumps, • Any areas of Council property on which it is proposed to install a Works Zone

(Construction Zone) • Structures to be erected such as hoardings, scaffolding or shoring • Any excavation

d) Describe the excavation impact on the area including • Number and types of trucks to be used • Time frame • Streets to be used • Routes to be taken • Directions of travel • Truck storage areas • It is recommended that vehicle routes be shared • Excavation is to only be carried out outside peak and school hours between

9.30am to 2.30pm week days

e) Protect Trees, Bushland and Public Open Space: • Show the location of all Tree Protection (Exclusion) Zones as required within the

conditions of this development consent. • The storage of building materials in or access through the Reserve will not be

permitted without prior approval by Council.

The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the



A works zone is required for this development. The principal contractor or owner must apply for a works zone. If the works zone is approved the principal contractor or owner must pay all fees for and implement the required works zone before commencement of any work. The principal contractor must pay all fees associated with the application and occupation and use of the road as a works zone. All works zone signs must have been erected by Council to permit enforcement of the works zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of works zone fees.


Note: The principal contractor or owner must allow not less than four to six weeks (for routine applications)

from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.


Standard Condition: D10 D.6 Security Fencing, Hoarding and Overhead Protection





greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must: a) Extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b) Have a clear height above the footpath of not less than 2.1 m;



c) Terminate 200mm from the edge of the carriageway (clearance to be left to prevent

impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and





D.7 Site Signs The Principal Contractor or owner builder must ensure that the sign/s required by clauses 98A and 227A of the Regulation is/are erected and maintained at all times. Clause 98A of the Regulation provides: Erection of signs • For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed













Clause 227A of the Regulation provides: Signs on development sites








practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.




D.9 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and c) “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists

consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from www.woollahra.nsw.gov.au.


Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14

D.10 Building - Construction Certificate, Appointment of Principal Certifying Authority,

Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)







authority) of his or her appointment, and • Notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of the building work, and





d) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: • Appointed a principal contractor for the building work who must be the holder of
















Act,

• In the case of work to be done by an owner-builder: - the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that











D.12 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a) the boundaries of the site by permanent marks (including permanent recovery points); b) the location and level of foundation excavations, footings, walls and slabs by permanent

marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum (“AHD”) in compliance with the approved plans;

c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and

d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note: Where the principal contractor or owner builder notes any discrepancy between the approved

development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor.

Standard Condition: D18 D.13 Checking Construction Certificate plans & protecting assets owned by the Sydney

Water Corporation Construction Certificate plans must be stamped by the Sydney Water Corporation prior to the commencement of any development work. This is required to ensure that buildings close to or over Sydney Water Corporation assets are identified and requirements for protecting them are implemented. Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by

visiting their web site: http://www.sydneywater.com.au/html/yourhome/quick_check/building_renovating.cfm

Standard Condition: D19 E. Conditions which must be satisfied during any development work E.1 Tree Preservation

All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work.



b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and

WorkCover NSW Code of Practice Amenity Tree Industry. Standard Condition: E8

E.2 Tree Preservation & Approved Landscaping Works

All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained

• Trees on Private Land

Council Ref No

Species Location Dimension (metres)

3 Plumeria acutifolia Frangipani Front – North east corner 4 x 5

• Trees on Council Land

Council Ref No


Tree Value

1 Buckinghamia celsissima Ivory Curl Flower

Front – Council verge 2 x 1 Not assessd

2 Buckinghamia celsissima Ivory Curl Flower

Front – Council verge 2 x 1 Not assessd

Note: The tree/s required to be retained should appear coloured green on the construction certificate

plans. b) The following trees may be pruned in accordance with Australian Standard AS 4373 –

2007 “Pruning of Amenity Trees” and Workcover NSW Code of Practice Amenity Tree Industry, 1998 to the minimum extent necessary to provide clearance to the new development:

Council Ref No

Species Location Approved pruning (extent of pruning)

4 3 x Olea europea var. africana African Olive

Standing on 52 Mona Rd – Rear north west corner

Prune as required to clear new building alignment at 54 Mona Rd.

Note: The tree/s required to be pruned should appear coloured blue on the construction certificate

plans.



E.3 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a) That the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) In the case of residential building work for which the Home Building Act 1989 requires


This condition does not apply: a) To the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

b) To the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.


E.4 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.

Standard Condition: E2 E.5 Compliance with Construction Management Plan

All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking

legislation prevails. Standard Condition: E3 E.6 Requirement to notify about new evidence

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority..





E.7 Critical Stage Inspections Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be




a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, d) The following work must not take place before 9am or after 4pm any weekday, or

before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday; (i) Piling; (ii) Piering; (iii) Rock or concrete cutting, boring or drilling; (iv) Rock breaking; (v) Rock sawing; (vi) Jack hammering; or (vii) Machine excavation,

e) No loading or unloading of material or equipment associated with the activities listed in

part above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday.

f) No operation of any equipment associated with the activities listed in part above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday.

g) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.








Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf

Standard Condition: E6 E.9 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must: Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. a) Not use the road or footway for the storage of any article, material, matter, waste or












c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7





E.10 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.

Standard Condition: E11 E.11 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and c) the contingency plan. Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.

Standard Condition: E12 E.12 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancing Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).




Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.

Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13


Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer. Where the event requires, in the opinion of the professional engineer, any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer. A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land. Note: Professional engineer has the same mean as in Clause A1.1 of the BCA. Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any

structure or part of a structure”. Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919.



E.14 Erosion and Sediment Controls – Maintenance

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition (“The Blue Book”). Where there is any conflict The Blue Book takes precedence.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices

and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”.

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15

E.15 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is

obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act

1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;

c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected

by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.





E.16 Check Surveys - boundary location, building location, building height, stormwater drainage system and flood protection measures relative to Australian Height Datum The Principal Contractor or Owner Builder must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the building(s), ancillary works, flood protection works and the stormwater drainage system relative to the boundaries of the site and that the height of buildings, ancillary works, flood protection works and the stormwater drainage system relative to Australian Height Datum complies with this consent at the following critical stages. The Principal Contractor or Owner Builder must ensure that work must not proceed beyond each of the following critical stages until compliance has been demonstrated to the PCA’s satisfaction: a) Upon the completion of foundation walls prior to the laying of any floor or the pouring

of any floor slab and generally at damp proof course level; b) Upon the completion of formwork for floor slabs prior to the laying of any floor or the

pouring of any concrete and generally at each storey; c) Upon the completion of formwork or framework for the roof(s) prior to the laying of

any roofing or the pouring of any concrete roof; d) Upon the completion of formwork and steel fixing prior to pouring of any concrete for

any ancillary structure, flood protection work, swimming pool or spa pool or the like; e) Upon the completion of formwork and steel fixing prior to pouring of any concrete for

driveways showing transitions and crest thresholds confirming that driveway levels match Council approved driveway crossing levels and minimum flood levels.;


g) Flood protection measures are in place confirming location, height and capacity. Note: This condition has been imposed to ensure that development occurs in the location and at the height

approved under this consent. This is critical to ensure that building are constructed to minimum heights for flood protection and maximum heights to protect views and the amenity of neighbours.







E.18 Prohibition of burning




Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all

burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.


Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils.

This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as





Standard Condition: E23 E.20 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous

Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down

loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24 E.21 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters

Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical.







Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming

Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.

Standard Condition: E26 E.22 Waste minimisation and management – Demolition

In order to maximise resource recovery and minimise residual waste from demolition activities: • the provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

be implemented at all times during the course of the work • an area is to be allocated for the storage of materials for use, recycling and disposal

(giving consideration to slope, drainage, location of waterways, stormwater outlets, vegetation and access and handling requirements)

• provide separate collection bins and/or areas for the storage of residual waste • clearly ‘signpost’ the purpose and content of the bins and/or storage areas • implement measures to prevent damage by the elements, odour, health risks and

windborne litter • minimise site disturbance, limiting unnecessary excavation When implementing the SWMMP the applicant must ensure: • footpaths, public reserves and street gutters are not used as places to store demolition

waste or materials of any kind without Council approval • any material moved offsite is transported in accordance with the requirements of the

Protection of the Environment Operations Act (1997) • waste is only transported to a place that can lawfully be used as a waste facility • generation, storage, treatment and disposal of hazardous waste and special waste

(including asbestos) is conducted in accordance with relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by WorkCover NSW evidence such as weighbridge docke• ts and invoices for waste disposal or recycling services are retained

Note

emoved and

rovisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

• livered ‘as needed’ to

• sidering

•

: Materials that have an existing reuse or recycling market should not be disposed of in a landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully rsegregated from other waste streams. Standard Condition: E31

E.23 Waste minimisation and management – Construction

In order to maximise resource recovery and minimise residual waste from construction activities: • the p

be implemented at all times during the course of the work arrange for the delivery of materials so that materials are de prevent the degradation of materials through weathering and moisture damage consider organising to return excess materials to the supplier or manufacturer

• allocate an area for the storage of materials for use, recycling and disposal (conslope, drainage, location of waterways, stormwater outlets and vegetation) clearly ‘signpost’ the purpose and content of the storage areas



• arrange contractors for the transport, processing and disposal of waste and recycling. Ensure that all contractors are aware of the legal requirements for disposing of waste.

• promote separate collection bins or areas for the storage of residual waste • implement measures to prevent damage by the elements, odour and health risks, and

windborne litter • minimise site disturbance and limit unnecessary excavation • ensure that all waste is transported to a place that can lawfully be used as a waste

facility • retain all records demonstrating lawful disposal of waste and keep them readily

accessible for inspection by regulatory authorities such as council, Department of Environment and Climate Change (DECC) or WorkCover NSW Standard Condition: E32


4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act)

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: New building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1 F.2 Commissioning and Certification of Systems and Works

The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must include but may not be limited to: a) Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.” d) All stormwater drainage and storage systems. e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuation work. i) All waterproofing. j Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.



Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).


Standard Condition: F7 F.3 Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters

Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a) Permanent child-resistant barriers must be installed in compliance with the Swimming

Pools Act 1992. b) The Principal Contractor or owner must apply for and obtain a Compliance Certificate

under section 24 of the Swimming Pools Act 1992. c) Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool

Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable.

d) Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems.

Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996: a) Water recirculation and filtration systems must be connected to the electricity supply by

a timer that limits the systems operation such that it does not operate: b) Before 8 am or after 8 pm on any Sunday or public holiday or before 7 am or after 8 pm

on any other day. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: F13 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

No condition H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No.< A82800>. Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7



H.2 Landscaping All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent. Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of

the Final Occupation Certificate. Standard Condition: H9

H.3 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the


I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A82800. Note: This condition affects successors in title with the intent that environmental sustainability measures must be

maintained for the life of development under this consent. Standard Condition: I7 I.2 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting. Note: This condition also acknowledges that development consent is not required to plant vegetation and that

over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8



I.3 Swimming and Spa Pools – Maintenance

Swimming and Spa Pools must be maintained: a) In compliance with the Swimming Pools Act 1992 with regard to the provision of child-

resistant barriers and resuscitation signs; b) In compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines”

in force at that time. Private pools are encouraged to comply with the same standards as applicable;

c) In compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ;

d) With backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and

e) With a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): • Before 8 am or after 8 pm on any Sunday or public holiday, or • Before 7 am or after 8 pm on any other day.

Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems

require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdfStandard Condition: I13

I.4 Noise from mechanical plant and equipment

The noise level measured at any boundary of the site at any time while the mechanical plant and equipment is operating must not exceed the background noise level. Where noise sensitive receivers are located within the site, the noise level is measured from the nearest strata, stratum or community title land and must not exceed background noise level at any time.




No condition

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf




K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.





Standard Advising: K2







K.3 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5 K.4 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.


The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.

Note: Further information can be obtained from Workcover NSW’s website:








K.6 Appeal Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Thomass Wong, Assessment Officer, on (02) 9391 7158 However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.


K.7 Release of Security


http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15 K.8 Compliance with the Building Code of Australia

Preliminary assessment of the development application drawings indicates that the proposal may not comply with the following sections of the Building Code of Australia:

a) Part 3.3.4 - Weatherproofing of masonry b) Part 3.4.1 - Sub floor ventilation



c) Part 3.7 - Fire safety • Part 3.7.1 Fire separation • Part 3.7.2 Smoke alarms • Part 3.7.3 Heating appliances

d) Part 3.8 - Health and amenity

• Part 3.8.1 Wet areas • Part 3.8.3 Facilities • Part 3.8.4 Light • Part 3.8.5 Ventilation • Part 3.8.6 Sound insulation

e) Part 3.9 - Safe movement and access

• Part 3.9.1 Stair construction • Part 3.9.2 Balustrades • Part 3.9.3 Pool access

Note: There must be no removal of heritage building fabric unless expressly authorised under this consent

where compliance with the BCA cannot be achieved without work not authorised under this consent application to amend this consent is required. Standard Condition: K20

K.9 Dilapidation Report Condition

Please note the following in relation to the condition for a dilapidation report: a) The dilapidation report will be made available to affected property owners on requested

and may be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development.

c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

d) Council will not become directly involved in disputes between the Developer, its contractors and the owners of neighbouring buildings.

e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally. Standard Advising: K23

K.10 Roads Act Application

Works or structures over, on or under public roads or footpaths are subject to Sections 138, 139 & 218 of the Roads Act 1993 and specifically: • Construction of driveways and/or new or alterations to footpath paving • Alteration and/or extension to Council drainage infrastructure • Alteration and/or addition of retaining walls • Pumping of water to Council’s roadway • Installation of soil/rock anchors under the roadway



An “Application to carry out works in a Public Road” form must be completed and lodged, with the Application fee, at Council’s Customer Services counter. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage etc) within existing roads, must be attached, submitted to and approved by Council under Section 138 of the Roads Act 1993, before the issue of any Construction Certificate. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:

• Engineering drawings (plan, sections and elevation views) and specifications of the

footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment.

• Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances. The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations. Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993.



Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Advising: K24

Mr T Wong George Fotis SENIOR ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevation 2. Referral Response – Tech. Services 3. Referral Response – Tree & Landscaping 4. Referral Response – Heritage




Item No: D9 Delegated to Committee Subject: Register of Current Land and Environment Court Matters and

Register of Court Proceedings for Building Control, Environmental Control & Health Control

Author: Patrick Robinson, Manager – Development Control Timothy Tuxford, Manager – Compliance

Council, at its meeting of 17 August 1994 resolved in the following terms: THAT the Register of current Land and Environment Court Matters for Development Applications presented in the Development Applications Summary be transferred to the Development Control Committee to be considered at each meeting. Further, the Development Control Committee at its meeting of 29 March 2010 resolved in the following terms: THAT a 'Register of Court Proceedings for Building Control, Environmental Control and Health Control' be presented to the Development Control Committee at least once a month to highlight the prosecution activities being undertaken by Council's Compliance section. Please find attached a copy of the current registers. Recommendation: A. THAT the attached register of current Land and Environment Court Matters for

Development Applications be received and noted. B. THAT the attached register of Court Proceedings for Building Control, Environmental

Control and Health Control be received and noted. Patrick Robinson Manager Development Control Timothy Tuxford Manager Compliance

DA 281/2008/2 Woollahra Council Development Control Committee 9 Military Road WATSONS BAY 30 August 2010


LAND AND ENVIRONMENT COURT UPDATE REPORT ITEM No.

D10

FILE No. DA 281/2008/2

ADDRESS:

9 Military Road, Watsons Bay

EXISTING CONSENT: Demolition of the existing residential flat building, and the construction of a new three (3) unit apartment building with underground carparking, landscaping and siteworks.

TYPE OF CONSENT: Local

DATE OF CONSENT: 29/06/2009

PROPOSED MODIFICATION:

Reinstatement of roof terrace (the deletion of Condition C1, part f).

DATE S96 LODGED: 11/03/2010

CONSENT AUTHORITY

Council

APPLICANT: Mr R Stathakis

OWNER: Lauvan Pty Ltd

AUTHOR: Ms E Smith

1. PREAMBLE On 17 May 2010, Council’s Development Control Committee resolved to go against the staff recommendation for conditional approval of the subject section 96 application and recommended the refusal of the section 96 application to full Council. A copy of the staff planning report is attached as Annexure 1. The matter was referred to the full Council in accordance with Council’s meeting procedures and policy due to the substantive change of the Development Control Committee’s recommendation (refusal) from the Senior Assessment Officer’s recommendation (conditional approval). On 24 May 2010, full Council resolved to refuse the section 96 application for the following reasons:

1. Not in the public interest 2. Privacy and acoustic impacts 3. Inappropriate within a Heritage Conservation Area 4. Adverse impact upon the adjoining and surrounding heritage items 5. Unnecessary given existing/approved balconies.

DA 281/2008/2 Woollahra Council Development Control Committee 9 Military Road WATSONS BAY 30 August 2010

2. BASIS OF REPORT At the time of writing this report, the Court had determined that the matter was to be listed for a hearing around 19-20 October 2010. In accordance with Council’s procedures and policy, prospects of success advice in relation to the appeal, was sought from Council’s solicitors due to the substantive change of the Development Control Committee’s recommendation (refusal) from the Senior Assessment Officer’s recommendation (conditional approval). Council’s solicitors provided Council with prospects of success on 22 July 2010. This advice is attached as Annexure 1 to the confidential report. 3. RECOMMENDATION A. THAT in respect of the appeal to the Land and Environment Court against Council’s refusal

to grant consent to Development Application No. 281/2008 part 2 to modify the consent to Development Application No. 281/2008, for demolition of the existing residential flat building and the construction of a new three (3) unit apartment building with underground carparking, landscaping and siteworks at the above premises issued on 10 July 2008, the Committee resolve to enter into closed session with the press and public excluded to consider the confidential report on this matter in accordance with the provisions of Section 10A(2)(g) of the Local Government Act 1993.

B. THAT in accordance with Council’s policy of confidentiality, the confidential report remain

confidential for a period of six (6) months or until the conclusion of the appeal, which ever occurs last.

Ms E Smith Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Development Application Assessment Report.


DA 163/2010/1 Woollahra Council Development Control Committee 2 William Street DOUBLE BAY 30 August 2010

H:\Development Control Committee\AGENDAS\2010\Working Agenda\R1.doc 1

DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. R1

FILE No. DA 163/2010/1 Address: 2 William Street DOUBLE BAY (Steyne Park) Lot & DP No: 538 & 752011 Side of Street: North

PROPERTY DETAILS

Zoning: Open Space 6 - General Recreation

PROPOSAL:

Use of Steyne Park for the Chanukah festival to be held annually in December from 2010 to 2014

TYPE OF CONSENT:

Local

APPLICANT:

Chabad Double Bay

OWNER:

Woollahra Municipal Council

DATE LODGED:

19/04/2010 (Original submission) 26/04/2010 (amended plans)

AUTHOR:

Mr D Lukas

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO 1. RECOMMENDATION PRECIS Approval because: • The proposal would satisfy the relevant planning controls and objectives for the locality • The proposal would not result in any detrimental impact on the local community • The social event would be beneficial for the local community 2. PROPOSAL PRECIS Use of Steyne Park for the Chanukah festival which includes general entertainment for adults and children, food and fire works. The event would be held annually for one day in December from 2010 to 2014.


3. LOCALITY PLAN



North

Note: 3 Objections have been received from residents outside the map boundaries

4. DESCRIPTION OF PROPOSAL The proposal seeks the use of Steyne Park for the Chanukah festival to be held annually on the following dates: • Tuesday 7 December 2010 • Tuesday 27 December 2011 • Tuesday 11 December 2012 • Tuesday 3 December 2013 • Tuesday 23 December 2014 Based on similar past events, the celebration is expected to attract between 1000-2000 people. The event will commence at 4:00pm and finish at 9:00pm, with time required before and after the event for setting up and subsequent clean up. The following activities are proposed to take place: • Juggler, musicians and dancing groups • Small scale carnival rides aimed at young children • Singing and musical groups • Speeches • Sale of traditional foods and beverages such as kosher BBQ meats, potato latkes (type of

pancake), doughnuts, etc.


• Petting Farm • Fireworks commencing at approximately 8.30pm and concluding by 9:00pm. The following temporary structures are to be erected: • Small stage (2m x 3m x 1m high); • Trestle tables; • Jumping castle and children’s slides • 6 Porta-loos • 80 Chairs 5. SUMMARY

Reasons for report Issues Submissions In accordance with Council’s delegations the application is presented to Full Council as the proposal involves an application relating to community land and there are unresolved objections.

Traffic management 7 submissions were received. Noise control

Objector’s concerns 6. ESTIMATED COST OF WORKS The fee for the development application was based on Council’s guidelines. 7. DESCRIPTION OF SITE AND LOCALITY

Physical features

The site is known as Steyne Park which is bounded by Sydney Harbour to its north, Bay Street to the east, William Street to the south and Ocean Avenue to the west. The park itself is approximately 13,900m2 in area with boundaries measuring between 105m and 145m.

Topography The park is elevated above the harbour and is relatively flat. Existing structures

Located within the park is a toilet block to the southern end and a playground its north eastern end. The park has trees lining its perimeter.

Environment The park is surrounded by a mixture of low to medium density development to the east and west, Double Bay Public School to the south and the Double Bay Wharf and Double Bay 18 Footers Skiff Club to the north.




8. PROPERTY HISTORY

Current use Open space Previous relevant applications

The Chanukah festival has been an annual event at Steyne Park for a number of years. The following development applications for Chanukah Celebrations similar to the current proposal were previously approved by Council: • DA1020/2000/1 for 26 December 2000 • DA984/2001/1 for 12 December 2001 • DA851/2002/1 for 4 December 2002 • DA893/2003/1 for 23 December 2003 • DA701/2004/1 for 14 December 2004 • 596/2005/1 for 27 December 2005, 19 December 2006, 11 December 2007, 23 December 2008

and 15 December 2009. DA430/2009/1 proposed the use of Steyne Park for a school fete for Double Bay Public School on the following dates - 15 November 2009, 14 November 2010, 13 November 2011, 18 November 2012 and 17 November 2013. The fete would run between 10am and 4pm, with set up and pack up of stalls, stages and other equipment occurring between 7:30am and 6pm. Between 500 and 1000 people would be expected to attend. The activities and structures would be similar to that of the subject application. The application was approved by Council on 2 November 2009.

Pre-DA None. Request for further information

A letter was sent to the applicant on 21 April 2010 requesting the following information: • Detailed Statement of Environmental Effects as per the DA Guide which includes details on

number and location of rides, stalls, activities, stages, fireworks, toilets, seating, café etc. • Plans drawn to scales as per the DA Guide. • Details of relevant Public Liability Insurance. • Details and location of any advertising of the event. • Details on the hours of the festival. • Traffic /Parking Report.

Amended plans

Submitted 26 April 2010 providing detailed layout of festival

L & E Court appeal

None.


Referral Officer Comment Annexure Traffic and Parking Engineer No objection. 2 Environmental Health Officer Approval subject to conditions 3 Community Services Approval 4 Open Space and Trees Approval subject to conditions 5 Fire Safety Officer Approval subject to conditions 6

9.2 The following table contains particulars of external referrals. A referral was sent to the New South Wales Police Force Crime Prevention Officer. No referral response has been received.



Council has previously notified the NSW Police of similar type events including the most recent Double Bay Public School Fete (DA430/2009/1), which has an identical layout to the proposed Chanukah Festival. The Police raised no objection to the other similar events subject to certain considerations. The considerations raised form part of the recommended conditions of consent. In addition, an advising has been included in the recommendation to notify the NSW Police of the event closer to the day of the festival.

ENVIRONMENTAL ASSESSMENT UNDER SECTION 79C The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The proposal would have no detrimental impact on wetlands or cause pollution or siltation of the waterway. It would not detrimentally impact on existing vegetation or drainage patterns. The proposal would satisfy the relevant criteria prescribed by the SREP. 10.2 Other legislation None relevant. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of Zone No.6 (Open Space). 12. DRAFT AMENDMENTS TO STATUTORY CONTROLS None applicable. 13. DEVELOPMENT CONTROL PLANS 13.1 Woollahra Residential Development Control Plan 2003 The proposal would satisfy the relevant objectives and controls of the plan. 13.2 DCP for Off-Street Car Parking There is no car parking available on Steyne Park. Surrounding Steyne Park is a limited number of on-street car parking spaces. The surrounding residential area is provided with a resident parking scheme limiting the duration of on-street parking.



The festival specifically targets the local community which anticipates a large portion of attendees arriving by foot. Notwithstanding this, Steyne Park is well serviced by public transport options by way of Ferries from the Double Bay wharf immediately adjoining and by the Bus/Rail interchange at Edgecliff some 500metres to the south. Another option available to attendees is the use of Double Bay Public School immediately opposite which can cater for 25vehicles (Traffic Controller provided) and public car parking stations in the Double Bay Commercial Centre (Cosmopolitan Building and Cross Street Carpark) for private car use. The application proposes advertising the event in local papers, mail drops, flyers and the like. The advertisement of the festival would enable local residents to prepare for any temporary impacts associated with on-street parking and traffic implications for the duration of the event. The previously held Chanukah Festivals have not resulted in any significant detrimental impact on local parking or traffic flows. In light of the short duration of the event, being a few hours on one day of the year, and the availability of both public and private transport options in the immediate vicinity, the proposal would not have a detrimental impact on the local community with respect to parking or traffic movement. 14. WOOLLAHRA ACCESS DCP The proposal would be fully accessible to people with a disability and could comply with the relevant requirements of the BCA as well as Australian Standard AS1428.2. The proposal provides satisfactory access in accordance with the requirements prescribed by the DCP. 15. APPLICABLE REGULATIONS The proposal would also comply by condition with the relevant criteria prescribed by the Building Code of Australia and relevant Australian Standards. 16. THE LIKELY IMPACTS OF THE PROPOSAL The likely impacts of the proposal are assessed as follows: Waste A commercial contractor will be employed to undertake the cleanup of the park immediately after the event. Waste receptacles will be hired from Council and recycling will be enforced by condition. Noise The temporary use of amplification system for music, speeches, performances and announcements will be limited to the duration of the event. The festival would conclude at 9:00pm and limited to one day of the year. The packing of equipment and final clean up is to be completed by 11:00pm. The extent of noise generated would only be a minor and temporary impact and would not be detrimental to the amenity of residents in the locality.



Council’s inventory indicates that there have be no noise complaints to past similar events from residents in respect to noise. Council can enforce the control of offensive noise or have amplification of music reduced should a nuisance arise. Conditions applied. Crowd management, Safety and Security Private security would be employed by the event organisers. Stalls and chairs would be set out in accordance with the requirements of the Building Code of Australia and relevant Australian Standard to manage crowd control. The applicant has indicated that a request would be made to the NSW Police to provide a visual presence. The proposed measures would ensure adequate security is provided for the event. Damage to community land Conditions are recommended to ensure installations and activities are limited and controlled to minimise potential damage to community land. Site facilities Port-a-loos would be provided for the public as well as food stalls which would cater for the anticipated attendees of the event. Conditions applied. Advertising The application proposes advertising the event in local papers, mail drops, flyers and the like. The advertisement of the festival would enable local residents to prepare for any temporary impacts associated with the event. Fireworks Council’s Open Space and Tree Officer has recommended that the fireworks display be relocated to the northern end of the Park in order to avoid damage to the trees in the park. The revised location would also be adequately setback from adjoining dwellings and the Double Bay Sailing Club to avoid any potential damage to public and private property. The temporary implications associated with the fireworks would not be detrimental to the public or wildlife. Prior to the event, appropriate licenses and safety mechanisms associated with the license for the staging of fireworks would need to be obtained by the applicant. First Aid Several volunteers on duty are medical professionals. In addition, the Jewish Ambulance Group would be attending the event should a need arise. Insurances Adequate liability insurance cover would be provided for the event. Condition applied. Power The event organisers would provide their own power supply (portable generators). Any acoustic impacts associated with these elements would be temporary and would form part of the background noise level associated with the event. The proposal would not be detrimental to the amenity of adjoining residents.



Park Management and Maintenance Appropriate conditions are recommended to ensure preservation of the parklands and the vegetation thereon. Exclusion of residents from using the park An adjoining neighbour has objected to the use of the park by a particular group. The proposed festival does not isolate or segregate the community but is open to anyone wishing to attend. The proposal provides a temporary activity on the park to benefit the public and enhances community activity and participation. Summary Having regard to the limited duration of the event, it is considered that the proposal will not impact on the amenity of the locality or interfere with businesses in the area. Council has the right to an annual review of the event should a nuisance arise. Condition applied. All other likely impacts have been addressed elsewhere in the report. 17. THE SUITABILITY OF THE SITE The site is suitable for the proposed development. 18. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Submissions were received from: • D. Batcock – 77 Ocean Avenue, Double Bay • M.J. Wilson – 6/4 South Avenue, Double Bay • J. Turner – 46 Dover Road, Rose Bay • C. & S. Vitaris – P.O. Box 105 Rose Bay • Anonymous • R. Mathews – 21/4 Mitchell Road, Darling Point • D. Roach - President of Double Bay Sailing Club The objectors raised the following issues: • Loss of security • Fireworks detrimental to native wildlife and dogs • Risk of fire from fireworks display • Excessive noise from amplification system • Exclusion of local residents from use of a public space • Ensuring activities associated with festival do not interfere with other businesses or property The issues raised have been addressed in the body of the report. The replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the replacement application is substantially the same development as the original proposal and considered to have no greater environmental impact upon neighbours.



19. CONCLUSION - THE PUBLIC INTEREST The site is suitable for the proposed development and that the proposal is acceptable against the relevant considerations under s79C of the Environmental Planning and Assessment Act 1979 and Woollahra LEP 1995. 20. DISCLOSURE STATEMENTS Under Section 147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 21. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and

Assessment Act, 1979 THAT the Council, as the consent authority, grant development consent to Development Application No.163/2010 for the use of Steyne Park for the Chanukah Festival to be held annually in December from 2010 to 2014 on land at 2 William Street Double Bay, subject to the following conditions: A. General Conditions A.1 Approved Plans and supporting documents

Those with the benefit of this consent must carry out and operate the Chanukah Festival in Steyne Park in accordance with the plan listed below as submitted by the Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition.

Title Description Author/Drawn Date(s)

Chanukah Festival layout Plan No author Undated Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g)

of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)







Prescribed conditions in force under the Act and Regulation must be complied with.

Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.auStandard Condition: A30

A.4 Yearly Review

Council reserves the right to review the operation of the Chanukah Festival at yearly intervals and impose any further stipulations on the operation of the festival.

A.5 Dates of Chanukah Festival

The Chanukah Festival is to be held on the following dates only: Tuesday 7 December 2010, Tuesday 27 December 2011, Tuesday 11 December 2012, Tuesday 3 December 2013 and Tuesday 23 December 2014.


construction

Nil. C. Conditions which must be satisfied prior to the issue of any construction certificate

Nil. D. Conditions which must be satisfied prior to the commencement of the Chanukah

Festival D.1 Park Hire Approval (in subsequent years)

The applicant is required to apply to Council to seek approval to use Steyne Park prior to 1 August of each year prior to the subsequent event. This is to ensure that Council, as Trust Manager of Steyne Park, is satisfied that the park is available and suitable for use for the event and the applicant has fully complied with the conditions of this consent.

Council, as Trust Manager, may also impose further conditions of hire that aim to protect the park environment and other park users.

D.2 Vehicle access

The applicant is to notify Council 24 hours before any vehicles or equipment is delivered to the park to enable a Council representative to be on-site at the time of delivery. Please contact Customer Service on 9391 7000 to arrange this meeting. Temporary structures and amusement devices must be removed from the Park no later than 11:00p.m. on the day of the event.




D.3 Registration of food stall holders

The food stall holders and/or events organiser must register with Council and notify the NSW Food Authority the food business details of all food stall holders. This can be done by contacting Council ([email protected]) and the NSW Food Authority’s website (www.foodauthority.nsw.gov.au).

D.4 Fitout of food stalls

The person(s) with the benefit of this consent must submit to Council details of the typical construction and fitout of the temporary food stalls proposed at the Chanukah Festival. Such details must demonstrate compliance with the Food Act 2003 and Regulation there under; the Food Standards Code and the Food Handling Guidelines for Temporary Events. The construction and fitout of the temporary food stalls shall be to the approval of Council’s Environmental Health Officers’.

Food stall operators and the events organiser must ensure there is a sufficient supply of electricity for food handling operations, particularly for hot and cold food holding and water heating. All electrical work should be undertaken by a licensed electrician and conform to AS3002-1985 ‘Electrical Installations-Shows and Carnivals’. Any gas bottles used for appliances should be secured so that it cannot be tipped over and should be pressure checked.

D.5 Access

The applicant is to notify Council the Friday before the event to confirm the vehicle and/or equipment delivery schedule. Temporary structures that are left on site over night will incur further costs and must be removed from the Park between 7.00am and 8.00am the following morning.

D.6 Public Liability

The applicant must provide a copy of a Certificate of Currency prior to each event showing Public Liability Insurance to the value of $10,000,000 for each Chanukah Celebration and nominating Chabad Double Bay and Woollahra Council as interested parties.

Copies of Certificates of Currency for Public Liability Insurance are also to be supplied by each of the service or entertainment (amusement ride) providers operating at each of the events.

E. Conditions which must be satisfied during the preparation of the Chanukah Festival E.1 Building Code of Australia Requirements

The following work is to be implemented to ensure compliance with the following provisions of the BCA: a) The seating arrangements for the stage shall comply with the requirements of NSW

Clause H102.10 of the BCA; b) The fabrics used for the temporary structures shall comply with the requirements of

NSW Clause H102.8; c) The electrical services shall comply with NSW Clause H102.14; and, d) Sanitary accommodation shall be provided to the temporary structures in accordance

with NSW Clause H102.11.



Note: Where this condition specifies compliance with prescriptive (deemed to satisfied) provisions of the BCA

these prescriptive requirements must be satisfied and cannot be varied unless this condition is reviewed under section 82A or amended under section 96 of the Act.

Note: This condition does not set aside compliance with clause 143 of the Regulation in relation to Fire Protection and Structural Adequacy.

Note: AS 4655 Guidelines for fire safety audits for buildings (or any succeeding AS) should form the basis of any fire upgrade.

E.2 Fire Point A fire point is to be suitably located within the site with suitable portable fire extinguishers as

per Australian Standard AS2444, being a mobile fire point.

All structures are to comply with Part H102 (Temporary Structures) of the Building Code of Australia.

E.3 Park Management and Maintenance

To avoid damage as a result of the Chanukah Festival and ensure preservation of the parklands, the following must be complied with:

• No parking of vehicles is permitted on Council parklands • No marquees or structures are permitted other than those specified in the development

consent • Erection of temporary structures made permissible by this application must not interfere

with the existing underground irrigation system or quality of the playing field turf surface

• No advertising signage can be hung between park trees or from park furniture including light poles.

• No tables or chairs are permitted in Steyne Park other than those specified in this application

• No existing park signage is to be obstructed or interfered with in the conduct of the event.

E.4 Protection of vegetation

• No equipment is to be stored or set-up within 2metres of any tree trunk, shrub or garden bed.

• No vehicle is to drive or stand within 2metres of any tree trunk, shrub or garden bed. • No speakers, lights or the like are to be attached to or placed within any tree, shrub or

garden bed • No shrubs, trees or other vegetation are to be moved, lopped or damaged. • Any chairs to be used must have feet designed to minimise damage to the grassed

surface. eg. Triangle shaped feet E.5 Wet weather

In the event of excessive rain either before or during the event, the Director of Technical Services, or the Director’s nominated representative, is authorised to direct that all or part of the park not be used, if in the opinion of the Director of Technical Services or his authorised representative, excessive damage to the park will result.



E.6 Toilets

Council toilet facilities at the event are insufficient to cope with the number of participants as expected over the six (6) hour period of the event. It is the responsibility of the event organisers to arrange adequate port-a-loos for the period of the event. In the event of wet weather, port-a-floor must be used in front of the port-a-loos to prevent excessive wear and tear of turf. These facilities are to be located near to the existing toilet facilities and are to be removed at the end of the event.

The organisers must leave Steyne Park toilet facilities with the same level of cleanliness as at the commencement of the event. Any cleaning costs incurred by Council’s Open Space and Trees Department following the event will be charged to the applicant.

E.7 Waste Services and Cleaning

Additional waste services required for the event are the responsibility of the organisers. Waste Services can be arranged through private contractors or by hiring receptacles from Council’s Waste Section.

The event organisers must leave Steyne Park and surrounds with the same level of cleanliness as at the start of the event. Any cleaning costs incurred by the Councils’ Parks Department for cleaning of the park including the removal of litter and the removal of any grease stains from roads, footpaths and paving after the event will be deducted from the damage security deposit.

E.8 Power, Generators and Cabling

The applicant is required to meet their own power needs for the event. The applicant is responsible for ensuring all power cables do not affect pedestrian movement or present risks to the safety of pedestrians

E.9 Security

The applicant is to provide adequate security measures at the event from set up to completion. E.10 Marking of Aisles and Crossovers

If it is intended that the audience during speeches or performances be seated on the ground, aisles and crossovers are to be clearly defined on the ground, without causing damage to turf coverage.

E.11 Directions of Council Officers

Any direction of the Council is to be complied with. In this regard, it should be noted that Council reserves the right to refuse or limit any activity associated with the event if in its opinion, the activity is likely to cause damage, danger, nuisance or it is not in the Municipalities interest.



E.12 Fireworks Display The fireworks display operator must have all appropriate approvals and licences required by regulatory and other organisations. The display is to be conducted in a safe and proper manner to ensure safety for surrounding residents, users of the park and wildlife. The display shall be carried out between 8.30pm and 9.00pm. The fireworks display must only be undertaken on the northern area of Steyne Park as cose as possible to the harbour.

E.13 Location of temporary structures and activities

Temporary structures or activities including port-a-loos, vehicles, stages, BBQ, amusement rides, petting zoo and firework displays shall not be located, operated or stored within the dripline of any trees in Steyne Park.


4A of the Act and Part 8 Division 3 of the Regulation)

Nil. G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

Nil. H. Conditions which must be satisfied during the ongoing operation of the Chanukah

Festival H.1 Operation of food stalls

a) Food stall operators are required to handle food for sale for human consumption in accordance with the Food Standards 3.1.1, 3.2.2 and 3.2.3.

b) Food stall operators and the events organiser must ensure there are adequately sized, enclosed rubbish bins at each food stall and adequate arrangements made to dispose of garbage contents at the end of the day.

c) The event's organizer should ensure that adequate toilet facilities for food handlers made available.

d) Only potable water must be used for preparing food and for washing. Ice used for keeping food cool or adding to food or drink must also be potable.

e) A fire extinguisher and fire blanket should be supplied in each stall where cooking or heating processes are undertaken. Such equipment should be easily accessible in the event of a fire.

f) A sealed container of potable water with a tap should be provided at each stall, together with suitable bowls or containers for cleaning, sanitising and hand washing. Clean towels and detergent must be provided.

g) A hand washing facility, separate from other facilities and used only for that purpose, must be provided. Warm water is needed for effective hand washing and personal hygiene. Hot and cold water must be delivered through a single outlet to a dedicated hand basin. Liquid soap and paper towels must be provided at or near the hand washing facility.

h) A suitable sanitising agent must be available for sanitising food handling implements and food contact surfaces.



i) Foods that are required to be stored under temperature control, or kept frozen shall be kept under strict temperature control. Cold foods should be stored at or below 5 degrees celcius and hot food appliances such as bain maries and display cases should enable hot foods to be kept at or above 60 degrees celcius at all times. Refrigeration facilities should be large enough to hold potentially hazardous foods under temperature control at all times.

j) Potentially hazardous foods like poultry, meat, dairy products, seafood and egg-based products must be stored under temperature control. If the food is intended to be stored frozen, the food must remain frozen during storage and display.

k) All food stall operators that handle potentially hazardous foods are required to have a readily accessible, accurate, probe-type thermometer. The thermometer must be cleaned and sanitised before it is used.

l) Adequate measures must be taken by all food stall operators to prevent cross-contamination from raw foods to cooked foods by ensuring that there are separate utensils for cooked and raw meats, poultry and seafood; covering all food; keeping cooked meat and salads separate and washing hands after handling raw meats, raw poultry, raw seafood and raw vegetables.

m) All food displayed by food stall operators shall be protected from likely contamination by customers, dust, fumes or insects by using plastic food wraps, sealed containers, sneeze barriers or food covers.

n) Only single-use disposable eating and drinking utensils are permitted for use by food stall operators and must be protected from contamination until used.

o) All packaging material must be suitable for food packaging and unlikely to cause food contamination. Only clean unprinted paper, food wraps or packaging must be used for wrapping or storing foodstuffs.

p) The food stalls must be maintained to a standard of cleanliness where there is no accumulation of garbage or recycled matter, food waste, dirt, grease or other visible matter.

q) Bench tops and surfaces of equipment in contact with food and storage appliances must be kept in a clean and sanitary condition to ensure food is unlikely to be contaminated.

r) All pre-packaged products must be clearly labelled with a description of the food, the name and address of the supplier, product lot identification, a list of ingredients, date marking, storage conditions, nutrition information panel and characterising ingredient. The above requirements are outlined in more detail in the Food Standards Code available on the NSW Food Authority’s website (www.foodauthority.nsw.gov.au).

H.2 Hours of Operation

The hours of operation of the Chanukah Festival are limited between 4:00pm and 9:00pm. The setting up of stalls and other activities are not to commence prior to 7:00am and the area is to be cleared no later than 11:00pm on the day.

H.3 Public Access

Public access along the foreshore pathway and adjacent public playground is to be maintained at all times. Public seating in Steyne Park shall remain freely available to the public and is not to be utilised in conjunction with the approved use.

http://www.foodauthority.nsw.gov.au/



H.4 Emergency Access

Access for all emergency vehicles from roads surrounding the event must be made available and monitored by security staff in the event of an emergency.

H.5 Residential Amenity

All activities are to be carried out and conducted in such a manner so as to not interfere with the amenity of surrounding residents or those within the locality having regard to noise emission, rubbish, waste products and the like.

H.6 Protection of the Environment Operations Act

The operation of the fete at Steyne Park shall not cause harm to the environment or give rise to ‘pollution incidents’ as described in the Protection of the Environment Operations Act 1997.

The applicant is to ensure that no pollutants, including litter, enter Double Bay.

H.7 Traffic management

A traffic marshal is to be stationed at the William Street pedestrian crossing to assist with pedestrian movement across William Street and to direct traffic to parking in Cross Street parking station, the Cosmopolitan parking station and the grounds of Double Bay Public School.

H.8 Noise Control

The use of the Park must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997. This condition has been imposed to protect the amenity of the neighbourhood. Note: Council will generally enforce this condition in accordance with the Noise Guide for Local Government


Useful links: Community Justice Centres—free mediation service provided by the NSW Government (www.cjc.nsw.gov.au). Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise). New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au). Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Department of Gaming and Racing - (www.dgr.nsw.gov.au).











H.9 Offensive Noise

Musical entertainment and the like involving amplification must be at a volume where no “offensive noise” is created as defined under the Protection of the Environment Operations Act 1997. The festival organisers should seek guidance to acceptable noise levels through consultation with a suitably qualified acoustic engineer, and in particular amplification volumes set at a level where the amenity of the surrounding residential properties is not compromised. It is recommended that contact details of the events organiser being provided on a site board located within the park where nearby residents that may raise concerns regarding noise levels can be handled in a prompt and responsive manner.

I. Conditions which must be satisfied following completion of the Chanukah Festival I.1 Making good damage to park and infrastructure

The applicant must repair or meet the cost of making good any damage to Steyne Park and Council’s infrastructure, as a consequence of the activities associated with this consent.

The Park will be inspected at the completion of the event to assess any damage caused, such as damage to trees, the turf surface, amenities block and presence of litter. Any damage must be restored to the satisfaction of Council’s Manager Open Space and Trees at the cost to the applicant and within a timeframe as agreed between the applicant and Manager of Public Open Space. In assessing any damage, consideration will be given to normal wear and tear as a consequence of the event. Payment of cost for damage repairs undertaken by Council must be paid within 30 days from issue of Council’s invoice.


Nil. K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences.



Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.



K.2 Commonwealth Disability Discrimination Act 1992 (“DDA”)

The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”): a) http://www.hreoc.gov.au/index.html b) http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3

K.3 NSW Police Service and Road Closures

The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area. Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No.: 0283568299 or Fax No.: 0283568211. Warning: If you partial or full close a road without compliance with Council and Police requirements Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution. Standard Advising: K4

K.4 Workcover requirements The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.



http://www.hreoc.gov.au/index.html

http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html

mailto:[email protected]



Note: Further information can be obtained from Workcover NSW’s website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7

K.5 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Mr Dimitri Lukas, Senior Assessment Officer, on (02) 9391 7159. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.


K.6 NSW Police Service and Road Closures The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area. Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No.: 0283568299 or Fax No.: 0283568211. Warning: If you partial or full close a road without compliance with Council and Police requirements Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution. Standard Advising: K4

K.7 NSW Police

Please notify the Rose Bay Local Area Command of the event closer to each date (Telephone 9362 6399).

Mr D Lukas Mr D Waghorn SENIOR ASSESSMENT OFFICER TEAM LEADER





ANNEXURES 1. Plan2. Referral Response – Technical Services 3. Referral Response - Health 4. Referral Response - Community Services 5. Referral Response - Open Space and Trees 6. Referral Response - Fire Safety Officer

DA 147/2009/1 Woollahra Council Development Control Committee 26 Bundarra Road BELLEVUE HILL 30 August 2010

SECTION 82A REVIEW OF DETERMINATION REPORT ITEM No. R2

FILE No. DA 147/2009

ADDRESS: 26 Bundarra Road BELLEVUE HILL 2023

PROPOSAL:

Demolition of the existing dwelling and the erection of a new residential flat building consisting of 3 apartments and a basement level carpark for 7 vehicles

DATE DA DETERMINED: 6 October 2009

SUBJECT OF REVIEW: Refusal

DATE S82A REVIEW APPLICATION LODGED:

21/04/2010

APPLICANT: Inform Projects Pty Ltd

OWNER: Mr S O Fereday & Mrs C J Boardman

REVIEW OFFICER: Mrs L Holbert DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO LOCALITY PLAN



North

Locality

Plan



1. SUMMARY Reason for report The development application was refused by the Development Control Committee on 6/10/2009. Having regard to Council’s delegations, it is referred to the Full Council for determination. Issues

• FSR • Height • Setbacks • Excavation • Deep soil landscaping

Objections 4 objections were received. Recommendation Approval.

2. BACKGROUND DA147/2009 for Demolition of the existing dwelling and the erection of a new residential flat building consisting of 3 apartments and a basement level carpark for 7 vehicles at 26 Bundarra Road, Bellevue Hill was refused under delegated authority on the 6 October 2009 for the following reasons: 1. On the basis that the non-compliance with Council's 0.75:1 floor space ratio standard is

considered to be inconsistent with Objectives 11AA (a), (b) & (d) of WLEP 1995 underlying the standard and that compliance with the standard is not considered to be inconsistent with the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is considered to be reasonable and necessary in this instance.

2. On the basis that the non-compliance with Council's 9.5 m height standard is considered to be

inconsistent with 12AA Objective (b) of WLEP 1995 underlying the standard and that compliance with the standard is not considered to be inconsistent with the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is considered to be reasonable and necessary in this instance.

3. Due to the excessive floor space ratio, excessive height, excessive number of storeys and

inadequate side boundary setbacks, the proposal would present excessive bulk and scale to the streetscape and accordingly, is considered to be inconsistent with:

• Objectives 2, (k) (iii), 11AA (a), (b) & (d), 12AA (b) and Clauses 11 and 12 of

Woollahra LEP 1995 • Performance criteria 3.2.1, 4.6.7.3 and 5.2.5 and Objectives 4.6.1, 5.1.1, 5.1.3, 5.1.5 and

5.2.3 of Woollahra RDCP 2003.



4. Due to excessive excavation, Bedrooms 1 & 2 of Unit 1 do not have an external wall sufficiently above existing ground level to facilitate adequate natural light and ventilation and accordingly, the proposal is considered to be inconsistent with Performance criterion 5.2.17 of Woollahra RDCP 2003.

5. The proposal does not provide adequate deep soil landscaped area and results in the

substantial loss of existing tree canopy. In this regard, the proposal is considered to be inconsistent with Performance criterion 5.3.1 and Objectives 5.3.2, 5.3.4 and 5.3.5 of Woollahra RDCP 2003.

3. DESCRIPTION OF PROPOSAL SUBJECT OF REVIEW The refused development consisted of the following works: • The demolition of the existing dwelling-house and garage. • The erection of a 3-4 storey, residential flat building consisting of 3 apartments (2 x 3

bedroom and 1 x 4 bedroom) and a basement level containing 7 carparking spaces including 1 visitor space.

• A roof garden at third floor level and a metal skillion roof over the rear section of the third floor level.

• A new 1-1.6 m high masonry front fence, a 1.8 m high palisade front pedestrian gate and a 2.7 m high entry portico.

• Below ground stormwater detention tank, rainwater tanks and air conditioning condenser units adjacent to the rear elevation at ground level.

• Landscaping of the front, rear and side sections of the site. Ten of the eleven existing trees are proposed to be removed. The remaining one, a Frangipani, is proposed to be transplanted on-site.

• Strata subdivision.

4. DESCRIPTION OF PROPOSED REVIEW An amended design has been submitted with this Section 82A Application. The proposed amendments are as follows: • Minor adjustment to the size of the basement car park; • Reconfiguration of the entrance and small readjustment to the position of the front portico; • Minor internal reconfiguration and reduction to the size of unit 1, which has resulted in an

increase to the setbacks at this level; • Minor internal reconfiguration and reduction to the size of unit 2, which has resulted in an

increase to the setbacks at this level; • Minor internal reconfiguration and reduction to the size of unit 3, which has resulted in an

increase to the setbacks at this level; • Internal reconfiguration and reduction of the size of unit 3 at third floor level including the

deletion of the lift access, study and lounge area; • Replacement of part of the trafficable landscape roof with a deck, enlargement of the

trafficable roof area; • The planter boxes surrounding the trafficable roof at third floor level have been deleted; • The louvered privacy screen located on the eastern and western elevations at first and second

floor level have been made flush with these side walls of the building; • The profile of the roof over the third floor has been amended; • The material and details to the exterior have been amended.



This report reviews all aspects of the determination including any cumulative impacts of the changes requested by the applicant.

5. COUNCIL’S STATUTORY RESPONSIBILITIES UNDER S82A Under Section 82A of the Environmental Planning and Assessment Act 1979, an applicant may request Council to review a determination of a development application, other than for: (a) designated development, (b) integrated development; or (c) state significant development The request for review must be made within 12 months after the date of determination and the review must occur in the following way: (a) If the determination was made by a delegate of Council – the review must be undertaken by

Council or another delegate of Council that is not subordinate to the delegate who made the determination, or

(b) If the determination was made by full Council the review must also be undertaken by full Council.

Upon making a determination of the review application, the following must be undertaken: • If upon review, Council grants development consent, or varies the conditions of a

development consent, it must endorse on the notice of determination the date from which the consent, or the consent as varied by the review, operates.

• If upon review, Council changes a determination in any way, the changed determination replaces the earlier determination as from the date of the review.

Council’s decision on a review may not be further reviewed under section 82A.

6. CONSIDERATION OF REVIEW Statutory compliance table Site Area: 701.3m² Refused

development S82(A)

Proposal Control Complies

Site Area and Lot Frontage 16.4m 16.4m 15m YES

Overall Height 10.7m 9.5m 9.5m YES

Floor Space Ratio 1.02:1 (712.3 m²)

0.9:1 (635m²)

0.75:1 (526 m²) NO*

* Satisfactory



Numeric Compliance table - Woollahra Residential Development Control Plan 2003 Site Area (701.3m²) Refused

development S82(A)

Proposal Control Complies

Maximum Number of Storeys – RFB 3-4 3-4 2 NO*

Building Boundary Setbacks (m): Garage level Front Side (West) Side (East) Rear (South)

4.1m-8.4m 1.5m-3.0m 1.5m-3.0m 14.7m-13m

4.1m-8.4m 1.5m-3.3m 1.5m-3.3m

14.9m-13.0m

6.35m 1.5m 1.5m

11.7m

Partial YES YES YES

Ground Floor Level (unit 1) Front (North) Side (West) Side (East) Rear (South)

4.1m-10.4m 1.5m-3.65m 0.7m-3.6m

13.6m-14.8m

4.1m-10.4m 3.7m-3.3m 4.1m-3.3m

14.4m-12.9m

6.35m 1.5m 1.5m

11.7m

Partial YES YES YES

First Floor Level (unit 2) Front (North) Side (West) Side (East) Rear (South)

7.5m-10.4m

2m-3.9m 1.8m-3.9m

9.4m-10.6m

7.5m-10.4m 3.7m-3.3m 4.1m-3.3m 10.6m-9.4m

6.35m

3.0m-1.5m 3m-1.5m

11.7m

YES YES YES NO*

Second Floor Level (unit 3) Front (North) Side (West) Side (East) Rear (South)

7.5m-10.4m 2.9m-3.9m 2.9m-3.9m 8m-10.6m

7.5m-10.4m 3.7m-3.3m 4.1m-3.3m 10.6m-9.4m

6.35m

4.7m-2.75m 4.7m-2.25m

11.7m

YES

Partial Partial NO*

Third Floor Level (unit 3) Front (North) Side (West) Side (East) Rear (South)

10.0m-13.4m 2.9m-4.3m 3.8m-4.3m 8m-10.6m

21m-24.1m

4.7m 4.7m

10.6m-9.0m

6.35m

4.25m-4.7m 4.0m-4.7m

11.7m

YES YES YES NO*

Building Footprint 33.4% (234.1m2)

33.4% (234.1m2)

35% (245.45m2) YES

Floor to Ceiling Height – Habitable Rooms - 2.9m-2.4m 2.7m Partial

Solar Access to Open Space of Adjacent Properties (Hrs on 21 June) >50% > 50% 50% (or 35m2)

for 2 hours YES

Solar Access to Nth Facing Living Areas of Adjacent Properties (Hrs on 21 June) > 3 hours > 3 hours 3.0 hours YES

Excavation Piling and Subsurface Wall Setback 1.5m 1.5m 1.5m YES

Deep Soil Landscaping – RFB

25.4% (178.3m2)

40.2% (281.9m²)

40% (280.5m2) YES

Deep Soil Landscaping – Front Setback >40% 57%

(45.1m²) 40%

(31.712m2) YES

Deep Soil Landscaping – Front Setback (Consolidated Area) >20m² 29.885m² 20m² YES

Private Open Space at Ground Level – Total

>35m² Min dimension

3m

>35m² Min dimension

3m


Private Open Space – Upper Floor Units in RFBs

>8m² Min dimension

2m

>8m² Min dimension

2m


Front Fence Height 1.2m-2.7m 1.2m-2.7m 1.2m/1.5m where 50% transparent Partial*

BASIX – Water 40% 40% 40% YES



Site Area (701.3m²) Refused development

S82(A) Proposal Control Complies

BASIX – Energy 30% 30% 30% YES

Solar Access to North-Facing Living Areas of Development (Hrs on 21 June) > 3 hours > 3 hours 3.0 hours YES

Minimum Number of North Facing Habitable Rooms 1 1 1 YES

Location of Garages and Car Parking Structures

Within front setback

Within front setback Behind Front Setback NO*

Car Parking Spaces – RFB/Dual Occupancy 7 spaces 7 spaces 7 spaces YES

Minimum Access Driveway Width 4.5m 4.5m

3.5m – 6.0m

YES

Area of Lockable Storage Spaces per Dwelling >8m³ >8m³ 8m³ YES

* Satisfactory 1. Floor space ratio The original development was refused for the following reason: On the basis that the non-compliance with Council's 0.75:1 floor space ratio standard is considered to be inconsistent with Objectives 11AA (a), (b) & (d) of WLEP 1995 underlying the standard and that compliance with the standard is not considered to be inconsistent with the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is considered to be reasonable and necessary in this instance. Objectives (a), (b) & (d) of Clause 11AA of the WLEP 1995 are as follows: a) to set the maximum density for new development; b) to control building density, bulk and scale in all residential and commercial localities in the

area in order to achieve the desired future character objectives of those localities; d) to relate new development to the existing character of surrounding built and natural

environment as viewed from the streetscape, Sydney Harbour or any other panoramic viewing point.

The refused development proposed a floor space ratio of 1.02:1 which exceeds Council's floor space ratio development standard of 0.75:1 by 186.3 m² or 35.4%. The amended proposal has reduced this floorspace ratio to 0.9:1, however the development still exceeds the floor space ratio development standard by 109m² or 20.7%. The applicant has submitted an objection pursuant to State Environmental Planning Policy No. 1 – Development Standards in relation to the non-compliance. The SEPP No. 1 objection forwarded by the applicant is paraphrased as follows:

It is considered that strict adherence to their Floor Space Standard under LEP 1995 is unreasonable and unnecessary in the circumstances of this matter. Despite the breach of the Floor Space Standard, the proposed Floor Space is very reasonable in its local context and is desirable on Urban Design grounds. Furthermore, the proposed Floor Space will not generate any unreasonable adverse impacts



It is considered that the development will not compromise the planning intent for the site or the character and amenity of the surrounding area. It is reiterated that the additional Floor Space Ratio will not be apparent from the public domain and that no unreasonable adverse amenity impacts are generated by the variation.

In view of the points raised within this document, strict adherence to the Floor Space Ratio standard is considered to be both unreasonable and unnecessary in the circumstances of this case.

The following assessment of the SEPP 1 objection applies the principles arising from Hooker Corporation Pty Limited v Hornsby Shire Council (NSWLEC, 2 June 1986, unreported) by using the questions established in Winten Property Group Limited v North Sydney Council(2001) NSW LEC 46 (6 April 2001). 1. Is the planning control in question a development standard? 2. What is the underlying purpose of the standard? 3. Is compliance with the development standard consistent with the aims of the Policy, and in

particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act?

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the case?

5. Is the objection well founded?

1. Is the planning control in question a development standard? The planning control in question is the 0.75:1 floor space ratio standard set by Clause 11 of WLEP 1995. As such, any variation of the standard requires a SEPP 1 objection, as has been prepared in this case. 2. What is the underlying purpose of the standard? The objectives of the floor space ratio standard listed under Clause 11AA of WLEP 1995 are: a) to set the maximum density for new development; b) to control building density, bulk and scale in all residential and commercial localities in the

area in order to achieve the desired future character objectives of those localities; c) to minimise adverse environmental effect on the use or enjoyment, or both, of adjoining

properties; d) to relate new development to the existing character of surrounding built and natural


Whilst, the revised development still does not comply with the maximum FSR requirements the revised development is considered to be consistent with the general pattern of development within Bundarra Road. It is acknowledged that all residential flat buildings within Bundarra Road with the exception of Nos. 1 and 12-16 Bundarra Road were approved (including under savings provisions) prior to the gazettal of WLEP 1995 (Amendment 43) on 6 June 2003 which decreased the floor space ratio permissible in the locality from 0.875:1 to 0.75:1. Notwithstanding this, some of the residential flat buildings within Bundarra Road that were subject to the higher FSR of 0.87.5:1 including Nos. 8-10 and 18-22 Bundarra Road have exceeded the FSR control by up to 47%. No. 12-16 Bundarra Road was subject to an maximum FSR control of 0.75:1 this development exceeded the control by 44% (refer to the Table 1, below). In general the proposed FSR of the revised



development has a much lower percentage of exceedance (20.7%) than the majority of residential flat development within Bundarra Road. Therefore it is considered that the revised development has proposed an appropriate density given the context of surrounding development and in this respect would be consistent with objective (a) of Clause 11 of the WLEP, 1995. Table 1: Comparison of FSR of residential flat development within Bundarra Road Address Approved FSR FSR Control Percentage difference

between approved FSR and FSR Control

Date of Determination

26 Bundarra (subject site)

0.9:1 (revised proposal)

0.75:1 20.7% increase Pending

26 Bundarra (subject site)

1.02:1 (refused development)

0.75:1 35.7% increase Refused

1 Bundarra 0.86:1 0.75:1 14.7% increase 18/11/2003 2 Bundarra 0.89.7:1 0.875:1 2.5% increase 2/2/2004 6 Bundarra 0.85.9:1 0.87.5:1 1.8% decrease 7/8/2000 8-10 Bundarra 1.29:1 0.87.5:1 47% increase 16/3/2000 12-16Bundarra 1.08:1 0.75:1 44% increase 3/10/2006 18-22 Bundarra 1.21:1 0.87.5:1 38% increase 11/01/2001 28 Bundarra 0.8:1 0.87.5:1 14% decrease 16/8/2003 The revised development has minimised the bulk, scale and height of the building to ensure that the development would achieve the desired future character objectives of the Bellevue Hill South precinct. The relevant desired future character objectives for the Bellevue Hill South precinct are as follows: O 4.6.1 To establish a transition of development scale from the detached dwelling houses of much

of Bellevue Hill to the residential flat buildings that address the major streets - Birriga Road, Old South Head Road and Victoria Road – situated along the precinct ridgeline-This non-compliance with the FSR control still allows a development that is compatible with the surrounding streetscape context.

O 4.6.2 To reinforce the precinct's landscape setting by minimising alterations to the landform and preserving the existing tree canopy- The non-compliance with the FSR control does not prevent the provision of sufficient deep soil landscaping to allow for replacement planting to be provided on the in order to maintain the tree canopy of the locality.

O 4.6.3 To preserve significant views and vistas to surrounding areas from the streets and parks-The non-compliance with the FSR development control will not result in the obstruction of any significant views or views from the public domain.

For the above mentioned reasons the revised development would be consistent with objective (b) of Clause 11 of the WLEP, 1995. This non-compliance with the FSR control does not result in any adverse impacts on the amenity of adjoining properties due to the elevated nature of the adjoining properties to the rear, the design/internal layout of the approved and partially completed adjoining residential flat building development to the west (No. 28 Bundarra Rd) and dense landscaping to the rear of the adjoining development to the east (No. 24 Bundarra Road). Accordingly, the non-compliance is considered to be consistent with the objective (c) of Clause 11 of the WLEP, 1995.



The building envelope of the refused development did not adequately respond to the existing streetscape environment particularly with regard to the residential flat building located at No. 28 Bundarra Road immediately adjoining the subject properties western boundary. As the refused development was 1.56m higher than No. 26, the second and third floors of the building were not adequately recessed and the side boundary setbacks on the upper floors were inadequate. The revised building envelope is now compatibile with the existing streetscape character as the height of the building has been reduced by 1.2m, the upper floors have been recessed and the side setbacks have been increased. As the revised proposal is considered to be compatible with the existing streetscape character, the proposal would now be consistent with objective (d) of Clause 11 of the WLEP, 1995. 3. Is compliance with the development standard consistent with the aims of the Policy, and

in particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act?

The objects specified in s.5(a)(i) and (ii) of the EPA Act are: (a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

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

It is considered that enforcing the numeric development standard will hinder the attainment of the objectives under 5(a) of the Act. Compliance is unreasonable in this instance based on: • The revised development is considered to provide an appropriate density, given its urban

context; • The revised development would be consistent with the desired future character objectives of the

Bellevue Hill South precinct; • The revised development would not have a detrimental impact on the solar access, privacy or

views of surrounding properties; • The revised development would be compatible with the existing streetscape character of the

locality. The proposal is therefore seen to be in accordance with the objectives under 5(a) of the Act. 4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the

case? Yes, in the circumstances of this case it is considered unreasonable to strictly enforce this development standard as the revised development is compatible with the desired future character objectives of the precinct and the existing streetscape character of the area and would not adversely affect the amenity of surrounding properties or contribute to any view loss. 5. Is the objection well founded? The objection advanced by the applicant demonstrates that compliance with this development standard is unreasonable and unnecessary. It is considered that strict enforcement of this development standard would be unreasonable and unnecessary in this case and that granting of consent would be consistent with the aims and objectives set out in Clause 3 of SEPP No. 1.



2. Height The original development was refused for the following reason: On the basis that the non-compliance with Council's 9.5 m height standard is considered to be inconsistent with 12AA Objective (b) of WLEP 1995 underlying the standard and that compliance with the standard is not considered to be inconsistent with the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is considered to be reasonable and necessary in this instance. Objectives (b) of Clause 12AA of the WLEP 1995 are as follows: (b) to provide compatibility with the adjoining residential neighbourhood; The refused development proposed an overall building height of 10.7m, which exceeded Council’s maximum building height controls. The amended proposal has reduced this height by 1.2m. This height reduction results in a development that has a maximum height of 9.5m, which will comply with the maximum statutory height control pursuant to Clause 12 of WLEP, 1995. The reduction to the height of the building has also minimised the overall bulk and scale of the proposal, which combined with the reduction to the FSR, increased building setbacks and the recessing of the uppers floors of the development has created a form of development that is considered to be of a scale and character in keeping with the desired future character of the Bellevue Hill South precinct and will achieve compliance with objective (b) of Clause 122AA of the WLEP, 1995. In this regard, the proposed development is now considered to comply with objective (b) of Clause 12 AA of the WLEP, 1995. 3. Excessive bulk and scale, setbacks and number of storeys The original development was refused for the following reason: Due to the excessive floor space ratio, excessive height, excessive number of storeys and inadequate side boundary setbacks, the proposal would present excessive bulk and scale to the streetscape and accordingly, is considered to be inconsistent with:

• Objectives 2, (k) (iii), 11AA (a), (b) & (d), 12AA (b) and Clauses 11 and 12 of Woollahra LEP 1995

• Performance criteria 3.2.1, 4.6.7.3 and 5.2.5 and Objectives 4.6.1, 5.1.1, 5.1.3, 5.1.5 and 5.2.3 of Woollahra RDCP 2003.

Woollahra LEP, 1995 Objectives 2(k)(iii) of Woollahra LEP 1995 is as follows: 2(k)(iii) to require that design and siting of new development enhance the attributes of its site and

improve the quality of the public environment, The revised development is now considered to be of design and siting that is compatible with the streetscape character of locality. These issues have been further discussed in the height, FSR, setbacks and number of storeys sections of this report. In this respect, the revised proposal is considered to be consistent with O2(k)(iii) of the Woollahra LEP, 1995.



Objectives 11AA(a) (b) & (d), 12AA (b) and Clauses 11 and 12 of Woollahra LEP 1995 is as follows: 11AA(a) to set the maximum density for new development; 11AA(b) to control building density, bulk and scale in all residential and commercial localities in

the area in order to achieve the desired future character objectives of those localities; 11AA(d) to relate new development to the existing character of surrounding built and natural


12AA(b) to provide compatibility with the adjoining residential neighbourhood. Objectives 11AA(a) (b) & (d), 12AA (b) and Clauses 11 and 12 of Woollahra LEP 1995 have been discussed above in the floor space ratio and height sections of this report. Site Analysis Performance criteria 3.2.1 of Woollahra RDCP 2003 is as follows: C3.2.1 Development fits into the surrounding environment and pattern of development

by responding to: • urban form; • local topography and landscape; • view corridors; • surrounding neighbourhood character and streetscape; and • the local street and pedestrian networks.

Part 3 of Council’s RDCP 2003, requires adequate site analysis documentation for development applications. The refused development and the revised proposal are considered to be satisfactory in this regard. Performance criterion 3.2.1 requires development to fit into the surrounding environment and pattern of development by responding to surrounding neighbourhood character and streetscape. As discussed in the height, FSR, setbacks and number of storeys sections of this report, it is considered that the revised proposal have been sufficiently reduced in height, floor space ratio and the upper two floors have been articulated to provide a development that would be compatible with the height, bulk, scale and streetscape character of surrounding development. In this regard, the proposed development is now considered acceptable in terms of C3.2.1 of Part 3 of the Woollahra RDCP, 2003. Desired future character Performance criteria 4.6.1 of Woollahra RDCP 2003 is as follows: O 4.6.1 To establish a transition of development scale from the detached dwelling houses of much

of Bellevue Hill to the residential flat buildings that address the major streets - Birriga Road, Old South Head Road and Victoria Road – situated along the precinct ridgeline.

The proposed development is considered to be of an appropriate height, bulk and scale which has been discussed in the number of storeys, FSR and height sections of this report. In this regard, the revised development is considered to be consistent with O4.6.1 of Part 4 of the Woollahra RDCP, 2003.



Number of storeys Performance criteria 4.6.7.3 of Woollahra RDCP 2003 is as follows: C.4.6.7.3Development is to be a maximum height of two storeys.Where the landform of a site falls

more than two metres from the street to the rear of a property an additional basement storey may be permitted provided that all otherRDCP controls are met.

The refused development and the revised development consists of 3-4 storeys, which does not comply with Council’s maximum 2 storey requirements. Whilst, this revised development has not reduced the number of storeys, the height and gross floor area has been reduced. In addition the side boundary setbacks have been increased and the second and third stories have been substantially articulated to provide a development that is compatible with the surrounding streetscape character. It should also be noted that several buildings within Bundarra Road contain 4 stories including Nos. 6, 8-10, 12-16, 18-22 and 28 (this building adjoins the western boundary of the site and is currently under construction). In addition to the physical reduction to the bulk and scale of the revised development a number of design elements have been incorporated to minimise the impact of the development on the quality of the streetscape including the following:

• The deletion of the solid screening and roof to the front second floor balcony so that the second floor becomes more recessive and provides greater articulation between the first and second floor of the building;

• The change in materials to the front elevation to the ground, first and second floors of the building to break up the bulk of the building;

• The substantial reduction to the size and the increased front setback of the third floor building so that this floor is not readily visible from Bundarra Road. (A condition of consent has also been recommended that requires the pitched roof form to this level to be reduced in height by 1 metre to further minimise the visibility of this floor from the street, refer to Condition C.1(a)).

Refer to the photomontages below that show the revised development and the refused development.


Photomontage 1: Revised development proposed by this S82(A) application, this photomontage shows the residential flat building at No.28 Bundarra Road which is currently under construction.




Photomontage 2: Refused development that was refused by DCC on 6/10/2009, this photomontage shows the residential flat building at No.28 Bundarra Road which is currently under construction. In this regard, the proposed development is now considered acceptable in terms of C4.6.7.3 of Part 4 of the Woollahra RDCP, 2003. Streetscape Objectives O5.1.1, 5.1.3, 5.1.5 of Woollahra RDCP 2003 is as follows: O5.1.1 To achieve housing forms of a scale and character in keeping with the desired future

character for the locality. O5.1.3 To ensure development contributes to cohesive streetscapes and desirable pedestrian

environments. O 5.1 5 To ensure that development recognises predominate streetscape qualities. It was considered that the upper 2 levels of the refused development presented excessive bulk and scale to the streetscape and adjoining properties due to excessive height and insufficient setbacks. The proposed changes that have been made to the revised development including the changes to the height, gross floor area, setbacks and the design of the front elevation have resulted in a development that is compatible with the surrounding development and the streetscape character. This has been further discussed in the height, FSR, setbacks and number of storeys sections of this report. Accordingly, the revised proposal is now considered to be satisfactory with regard to Objectives 5.1.1, 5.1.3 and 5.1.5 of Part 5.1 of Woollahra RDCP, 2003. Building size and location Objectives 5.2.3 of Woollahra RDCP 2003 is as follows: O 5.2.3 To ensure the form and scale of development is not excessive and maintains the continuity

of building forms and front setbacks in the street. It was considered that the refused development presented excessive bulk and scale to the streetscape due to excessive height and insufficient setbacks. The proposed changes that have been made to the revised development including the changes to the height, gross floor area, setbacks and the design of the front elevation have resulted in a development that is compatible with the surrounding development and the streetscape character. Accordingly, the revised proposal is now considered to be satisfactory with regard to Objectives 5.2.3 of Part 5.1 of Woollahra RDCP, 2003. Setbacks Performance criteria 5.2.5 of Woollahra RDCP 2003 is as follows: C5.2.5 Unless otherwise indicated in Part 4, development has a minimum side boundary setback

of 1.5m. At any point where the lot width exceeds 12.0m, the side setback is increased on a pro rata basis by 0.5m for each metre or part thereof the building height adjacent to the boundary exceeds 3.0m. Where the lot width is 12.0m or less, the side setback is increased on a pro rata basis by 0.5m for each metre or part thereof the building height adjacent to the boundary exceeds 6.5m.



Northern (front) boundary setbacks No changes to the front boundary setbacks have been proposed by the revised development with the exception of the front setback of the third floor, which has been setback further back from the front setback a further 10 metres than the refused development (it should be noted that a condition of consent has been recommended that requires the proposed glass balustrade surrounding the landscaped roof to be deleted, so this area is rendered non-trafficable, refer to Condition C.1(b)). Whilst, the proposed development does not fully comply with the front boundary setback relating to the western two-thirds of the front elevation of the basement level and ground floor level terrace/planter as these structures would be compatible with the height and setback of similar structures associated with the approved and partially completed adjoining development to the west (No. 28 Bundarra Rd). The non-compliances would not result in any significant adverse visual impact upon the streetscape and accordingly is considered acceptable. Southern (rear) boundary setbacks The refused development was setback 9.4m-10.6 m from the rear boundary at first floor level and the rear setback at second and third floor levels was 8m-10.6 m which is non-compliant. Whilst, the revised development increased the rear boundary setback on second and third levels to 9.0m-10.6m, the rear boundary setback at first, second and third floor levels remains non-compliant at these levels. However, these non-compliances do not significantly affect the amenity of adjoining properties given the elevated nature of the adjoining properties to the rear, the development will not extend beyond the rear building alignment of the approved and partially completed adjoining development to the west (No. 28 Bundarra Road) and the existence of dense landscaping to the rear of the adjoining development to the east (No. 24 Bundarra Road). Western (side) boundary setbacks The refused development complied with western side boundary setbacks at ground and first floor levels however substantial sections of the upper 2 levels did not comply with the minimum requirements. The revised development complies with all of the western side boundary setbacks with the exception of a partial non-compliance at second floor level. The refused development proposed a side boundary setback of 2.9m-3.9m, the revised development has increased part of this side boundary setback by up to 400mm to the front two- thirds of the elevation, however has reduced the side boundary setback of the rear balcony at this level by 200mm providing a setback of 3.3m-3.7m (the required setback is 2.75m-4.7m). The area of non-compliance relates to front 11metres of this elevation starting from the end of the front balcony. This non-compliance is considered to be of a minor nature, does not result in any adverse impacts on the solar access or privacy on the approved and partially constructed residential flat building at No.28 Bundarra Road and does not result in an unreasonable sense of enclosure to this adjoining property. It should also be noted that the proposed 1m high glass balustrade surrounding the edge of the proposed roof garden contributes to the non-compliance with the side setback control, this balustrade has been recommended to be deleted so that the landscaped roof becomes non-trafficable (refer to Condition C.1(b)). The deletion of this balustrade will reduce the non-compliance with this setback control by 500mm. Accordingly in this regard, the proposed western side boundary setback of the revised development is considered acceptable.



Eastern (side) boundary setbacks The refused development complied with eastern side boundary setbacks at ground and first floor levels however substantial sections of the upper 2 levels did not comply with the minimum requirements. The revised development complies with all of the eastern side boundary setbacks with the exception of a partial non-compliance at second floor level. The refused development proposed a side boundary setback of 2.9m-3.9m, the revised development has increased part of this side boundary setback by up to 1m to the front two- thirds of the elevation and by up to 400mm to the remaining part of the eastern elevation providing a setback of 3.3m-4.1m (the required setback is 2.25m-4.7m). The area of non-compliance relates to front 11metres of this elevation starting from the end of the front balcony. This non-compliance is considered to be of a minor nature, does not result in any adverse impacts on the solar access or privacy on the eastern adjoining property No. 24 Bundarra Road and does not result in an unreasonable sense of enclosure to this adjoining property. It should also be noted that the proposed 1m high glass balustrade surrounding the edge of the proposed roof garden contributes to the non-compliance with the side setback control, this balustrade has been recommended to be deleted, so that the landscaped roof becomes non-trafficable (refer to Condition C.1(b)). The deletion of this balustrade will reduce the non-compliance with this setback control by 500mm. Accordingly in this regard, the proposed eastern side boundary setback of the revised development is considered acceptable. The revised development now generally complies with the minimum site setback requirements and for the above mentioned reasons the development is considered acceptable in terms of C5.2.5 of Part 5.2 of the Woollahra RDCP, 2003. 4. Excavation The original development was refused for the following reason: Due to excessive excavation, Bedrooms 1 & 2 of Unit 1 do not have an external wall sufficiently above existing ground level to facilitate adequate natural light and ventilation and accordingly, the proposal is considered to be inconsistent with Performance criterion 5.2.17 of Woollahra RDCP 2003. Performance criteria 5.2.17 of the Woollahra RDCP, 2003 is as follows: C5.2.17 To minimise cut and fill on sloping sites and to encourage good quality internal

environments, any habitable room of a dwelling must have at least one external wall fully above existing ground level

No change has been made to the siting of bedroom 1 and 2 of unit 1, these bedrooms have east facing glazed doors that are almost completely below the existing ground level, which is in non-compliant with C5.2.17 of RDCP, 2003. Whilst, this is not ideal, all of the living areas within the unit 1 are northern facing and all associated north facing glazing within unit 1 is above the existing ground level. In addition as all of the other respects of the revised development are considered to be acceptable this non-compliance does not warrant refusal of the development. In this regarad, the proposed development would be acceptable in terms of C5.2.17 of Part 5.2 of the Woollahra RDCP, 2003.



5. Deep soil landscaping The orignal development was refused for the following reason: The proposal does not provide adequate deep soil landscaped area and results in the substantial loss of existing tree canopy. In this regard, the proposal is considered to be inconsistent with Performance criterion 5.3.1 and Objectives 5.3.2, 5.3.4 and 5.3.5 of Woollahra RDCP 2003. Objective 5.3.2, 5.3.4 and 5.3.5 of Section 5.3 of the RDCP, 2003 are as follows: O 5.3.2 To retain important existing mature trees, vegetation and other landscape features. O 5.3.4 To enhance the appearance, amenity and energy efficiency of housing through

integrated landscape design. O 5.3.5 To enhance stormwater management. The refused development only provided 25.4% of unbuilt upon area as deep soil landscaping, which did not meet Council’s minimum deep soil landscaping controls. The amended proposal has increased the deep soil landscaping at the site to 40.2% of unbuilt upon area, which results in a development that complies with the minimum deep soil landscaping requirements pursuant to Clause 5.3.1 of RDCP, 2003. Whilst, the proposed increase to the deep soil landscaping at the site has not allowed for the retention of all existing trees at the site, the revised development allows for the transplanting of the existing Franganpani tree that is currently located at the rear of the site on the western side. In addition Council’s Landscape Officer has supported the removal of the remaining trees subject to the provision of replacement planting. The increased deep soil landscaping at the site will assist with the onsite detention of stormwater and has allowed for sufficient opportunities at the site to provide for good quality landscaping that will enhance the landscape amenity of the site and contribute to the landscape character of the surrounding locality. In this regard, the proposed development is now considered to generally comply with objectives 5.3.2, 5.3.4 and 5.3.5 and performance criteria 5.3.1 of Section 5.3 of the Woollahra RDCP, 2003. 6.1 Substantially the same development The provisions of Section 82A of the Environmental Planning & Assessment Act, 1979 require Council to be satisfied that the development under review is substantially the same development as the development described in the original development application. It is considered that the development under review is substantially the same development as the proposal seeks to a construct a new three-four storey residential flat building at the subject site.

7. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Four (4) submissions were received from:

1. Gilly Charles, 2-25 Benelong Crescent, Bellevue Hill This objector raised the following issues:



• At the moment there is a beautiful Jacaranda tree at the subject that I currently

overlook, is this tree going to be removed? Comment: This tree is proposed to be removed, the removal of this tree has been supported by Council’s tree officer subject to the provision of replacement planting (refer to Condition E.9). • The shape of the roof is very odd with a steep fall at the rear. I assume this is for

rainfall, however it appears unnecessarily high Comment: A condition of consent has been recommended that requires the roof to be lowered by 1m (refer to Condition C.1(a)). • It is proposed to paint the roof with windspray, this is unsightly and will not

compensate for the loss of the tree Comment: The proposed roof has been lowered (refer to Condition C.1(a)) and the remaining roof of the building is proposed to be landscaped. • Our building should be checked over at the expense of the owners of the subject site in

the event of subsidence or cracks etc which may come about as a result of the building work

Comment: A condition of consent has been recommended that requires a dilapidation report to be carried out, refer to Condition D.2. 2. Stephen Hempton, 3/21 Benelong Crescent Bellevue Hill and John Hempton 1/21 Benelong

Crescent Bellevue Hill These objectors raised the following issues:

• The proposed metal roof is 1850mm from its highest level to its lowest level. This is a fall of about 1 in 3. I think that the roof is much higher than necessary, and will be much more in view of the residents living above in Benelong Crescent than would be the case if it were lower

Comment: A condition of consent has been recommended that requires the roof to be lowered by 1m (refer to Condition C.1(a)). • Concern is raised that due to the steepness of the roof in heavy rain water will

overshoot the guttering and flood the landscaped area in front of the upper level of apartment 3.

Comment: A condition of consent has been recommended that requires the roof to be lowered by 1m (refer to Condition C.1(a)). • The roof should be lowered by about 1m which would leave a fall of about 850mm,

which would be sufficient to drain the roof Comment: A condition of consent has been recommended that requires the roof to be lowered by 1m (refer to Condition C.1(a)). • I strenuously object to the remove of the large Jacaranda tree located on the site Comment: This tree is proposed to be removed, the removal of this tree has been supported by Council’s tree officer subject to the provision of replacement planting (refer to Condition E.9). 3. Evi Perlmutter, 23 Benelong Crescent Bellevue Hill



• The height of the roof structure of the new residential flat building will be over 1 metre too high and will be unsightly and will affect my view.

Comment: A condition of consent has been recommended that requires the roof to be lowered by 1m (refer to Condition C.1(a)). Given the level difference between the subject site and 23 Benelong Crescent, the development is not considered to affect views.


9. RECOMMENDATION: Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1- Development Standards to Floor space ratio – development standard under Woollahra Local Environmental Plan, 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as is compatible with the desired future character objectives of the precinct and the existing streetscape character of the area and would not adversely affect the amenity of surrounding properties or contribute to any view loss. AND THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 147/2009 is consistent with the aims of the Policy, grant development consent to DA No. 147/2009 for dwelling house, resolve to grant development consent to the Development

pplication, subject to the following conditions: A A. General Conditions A.1 Conditions


A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent.



AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: • The collection of stormwater, • The retention of stormwater, • The reuse of stormwater, • The detention of stormwater, • The controlled release of stormwater; and • Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: • the use of land in connection with development, • the subdivision of land, • the erection of a building, • the carrying out of any work, • the use of any site crane, machine, article, material, or thing, • the storage of waste, materials, site crane, machine, article, material, or thing, • the demolition of a building,



• the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land,

• the delivery to or removal from the site of any machine, article, material, or thing, or • the occupation of the site by any person unless authorised by an occupation certificate.






S82/2.01/B-2.05/B, 3.01/B-3.03/B, 4.01/B

Architectural Plans Phil Leamon & Associates 26/03/2010

233649M_02 BASIX Certificate Department of Planning 17/8/2010 P0802208JR01_v1 Geotechnical Report Martens Consulting Engineers Nov 2008 Plan No. s L02/C, L03/C Landscape Plan Susan Miles 12/08/2010 P0802208JR02_v1 Stormwater Concept Report Martens Consulting Engineers Dec 2008

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped














Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1

C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) To minimise the height of the development and to minimise impacts on the properties to

the rear of the site, the proposed slope roof above the third level of the development shall be reduced in height by 1m from RL59.835 to RL58.835.

b) To minimise the impact on the existing streetscape and visual and acoustic privacy of surrounding development, the proposed glass balustrade surrounding the perimeter of the landscape roof shall be deleted. A new glass balustrade shall surround the deck that is located in front of the third level.













No



$56 033 No T115

Tree Damage Security Deposit – making good any damage caused to any public tree $603 No T114

Infrastructure Works Bond -completing any public work required in connection with the consent.

$24 000 No T113


This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $$27,016

+ Index Amount Yes,

quarterly T96


Public Tree Management Inspection Fee $166 No T45 Public Road/Footpath Infrastructure Inspection Fee $375 No


$108 368 plus any relevant indexed amounts and long service levy

Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: • Cash deposit with Council, • Credit card payment with Council, or • Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council











How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: • The reasons given; • Whether any prejudice will be caused to the community deriving benefit from the public facilities; • Whether any prejudice will be caused to the efficacy and operation of this plan; and • Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: • The guarantee is by an Australian bank for the amount of the total outstanding contribution; • The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5

C.3 BASIX commitments The applicant must submit to the Certifying Authority BASIX Certificate No. 233649M_02 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new

BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.





Standard Condition: C7 C.4 Road and Public Domain Works

A separate application under Section 138 of the Roads Act 1993 is to be made to, and approved by Council prior to the issuing of a Construction Certificate for the following infrastructure works, which must be carried out at the applicant’s expense:

Road & Footpath • Full width vehicular crossings having a width of 3.5m including new layback and gutter

in accordance with Council’s standard drawing RF2. • Removal and replacement of the existing Kerb and Gutter and the reconstruction of a

minimum of 1m width of road shoulder for the full width of the property in accordance with Council’s standard drawing RF3.

• Removal of all driveway crossings and kerb laybacks which will be no longer required. • Reinstatement of footpath, kerb and gutter to match existing. • Where a grass verge exists, the balance of the area between the footpath and the kerb

over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of Couch turf.

Bond • A bond of $24,000 (Twenty four thousand dollars) will be used as security to ensure

the satisfactory completion of the infrastructure works. The security or bank guarantee must be the original and not have an expiry date.

• Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council’s requirements.

The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council. An “Application to carry out works in a Public Road” form (available from Councils web-site http://www.woollahra.nsw.gov.au) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:






The design of the works must be in accordance with Council’s Draft Stormwater Drainage Management DCP (draft version 1.1, public exhibition copy dated 14/12/2006) available from Council's website www.woollahra.nsw.gov.au. Four weeks should be allowed for assessment.

Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993.

All public domain design and construction works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application. Standard Condition: C13

C.5 Waste Storage - Residential Units (up to 4 units)

The Construction Certificate plans and specifications required by Clause 139 of the Regulation, must make provision for: a) The storage of waste and recycling bins behind the building line or within non-habitable

areas of the building as close as possible to the service road collection point, b) A path for wheeling bins between the waste and recycling storage area and the

collection point free of steps and kerbs and having a maximum grade of 1:8. Standard Condition: C16

C.6 Dry Recycling Systems and Services The development is to incorporate dry recycling systems and services consistent with the Better Practice Guide for Waste Management in Multi-Unit Dwellings (the Guide), prepared by the Department of Environment and Climate Change. The Guide can be accessed at www.environment.nsw.gov.au/warr/BetterPracticeMUD This condition is imposed to promote better practices in the design, establishment, operation and on going management of waste services in residential multi unit dwellings. Standard Condition: C23

C.7 Utility Services Generally

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes).





Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers’ requirements, be carried to the site underground directly to the main switch board within the fabric of the building. Note: Where adequate provision has not been made for an electrical sub-station within the building, this may

necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.

The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans. Note: The intent of this condition is that the design quality of the development must not be compromised by

cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans.

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints.

Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be

subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest Standard Condition: C20

C.8 Tree Management Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a) Trees to be numbered in accordance with these conditions, b) Shaded green where required to be protected and retained, c) Shaded yellow where required to be transplanted, d) Shaded blue where required to be pruned, e) Shaded red where authorised to be removed and, f) References to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan. Standard Condition: C30



C.9 Structural Adequacy of Existing Supporting Structures A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.

Note: This condition is imposed to ensure that the existing structure is able to support the additional loads





C.11 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.




e) Provide a Geotechnical and Hydrogeological Monitoring Program that: • Will detect any settlement associated with temporary and permanent works and

structures; • Will detect deflection or movement of temporary and permanent retaining

structures (foundation walls, shoring bracing or the like);



• Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity);

• Will detect groundwater changes calibrated against natural groundwater variations;

• Details the location and type of monitoring systems to be utilised; • Details the preset acceptable limits for peak particle velocity and ground water

fluctuations; • Details recommended hold points to allow for the inspection and certification of

geotechnical and hydro-geological measures by the professional engineer; and; • Details a contingency plan.

Standard Condition: C40 C.12 Bicycle, Car and Commercial Parking Details


Standard Condition: C45 C.13 Stormwater management plan Clause 25(2) WLEP 1995)

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a. general design in accordance with < by Martens Consulting Engineers Ref:

P0802208JR02_v1 dated December 2008 other than amended by this and other conditions;

b. the discharge of stormwater, by direct connection, to Bundarra Road; c. compliance the objectives and performance requirements of the BCA; d. any rainwater tank (see Note below) required by BASIX commitments including their

overflow connection to the Stormwater Drainage System, and e. general compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (draft version 1.1, public exhibition copy dated 14/12/2006) and f. on-site stormwater detention (“OSD’). OSD Requirements The minimum (OSD) Site Storage Requirements (“SSR”) and the Peak Site Discharge (“PSD”) from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m2 site area:



Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³

2 year 23.5 L/s 4m³ 100 year 34 L/s 25m³ – Dwelling House

27m³ – Residential Flat Building 29m³ – Other Development

All values based on per 1000m² site area (interpolate to site area).

Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: i. Where the rainwater tank is used for external uses only, 40% of the rainwater tank

volume to a maximum of 4m³ , or ii. Where the rainwater tank is used for external and internal uses, 75% of the rainwater

tank volume to a maximum of 7.5m³. Example: The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used

for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres.

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: • All pipe layouts, dimensions, grades, lengths and material specification, • Location of On-Site Detention, • All invert levels reduced to Australian Height Datum (AHD), • Location and dimensions of all drainage pits, • Point and method of connection to Councils drainage infrastructure, and • Overland flow paths over impervious areas.

On-site Detention (OSD) details: • Any potential conflict between existing and proposed trees and vegetation, • Internal dimensions and volume of the proposed detention storage, • Diameter of the outlet to the proposed detention storage basin, • Plans, elevations and sections showing the detention storage basin invert level, centre-

line level of outlet, top water level, finished surface level and adjacent structures, • Details of access and maintenance facilities, • Construction and structural details of all tanks and pits and/or manufacturer’s

specifications for proprietary products, • Details of the emergency overland flow-path (to an approved Council drainage point) in

the event of a blockage to the on-site detention system, • Non-removable fixing details for orifice plates where used, Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required.



Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner. Standard Condition: C51

Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008 “Rainwater Tank Design and Installation Handbook”.


work D.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) in the case of residential building work for which the Home Building Act 1989 requires



terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of


Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia. Standard Condition: D1 D.2 Dilapidation Reports for existing buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): a. 24 Bundarra Road b. 28 Bundarra Road c. 25 Benelong Crescent





The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.

Standard Condition: D4 D.3 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to

ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6

D.4 Piezometers for the monitoring of Ground Water Levels (GWL)

The principal contractor must be provide 2 piezometers within the excavation area and a further 2 piezometers around the perimeter of the wall. The piezometers are to be installed to monitor groundwater levels before and during all dewatering works for the construction phase. The Ground Water Levels monitoring wells and monitoring program must be maintained until the issue of the Final Occupation Certificate. Ground Water Levels are to be regularly monitored during the course of the works as required by the Work Method Statement for the control of Ground Water Levels. Any damaged piezometers are to be replaced to allow uninterrupted monitoring. Where there are any movements in the Ground Water Levels outside a safe range set by the Work Method Statement for the control of Ground Water Levels corrective action must be undertaken under the direction of the professional engineer (hydrological/geotechnical engineer).

Standard Condition: D7 D.5 Construction Management Plan


A construction management plan must be submitted and approved by Council’s Development Engineer. The plan must:-



a) Describe the anticipated impact of the demolition, excavation and construction works

on: • Local traffic routes • Pedestrian circulation adjacent to the building site • On-street parking in the local area

b) Describe the means proposed to: • Manage construction works to minimise such impacts, • Provide for the standing of vehicles during construction, • Provide for the movement of trucks to and from the site, and deliveries to the site

c) Show the location of: • Any site sheds and any anticipated use of cranes and concrete pumps, • Any areas of Council property on which it is proposed to install a Works Zone

(Construction Zone) • Structures to be erected such as hoardings, scaffolding or shoring • Any excavation

d) Describe the excavation impact on the area including • Number and types of trucks to be used • Time frame • Streets to be used • Routes to be taken • Directions of travel • Truck storage areas • It is recommended that vehicle routes be shared • Excavation is to only be carried out outside peak and school hours between

9.30am to 2.30pm week days

e) Protect Trees, Bushland and Public Open Space: • Show the location of all Tree Protection (Exclusion) Zones as required within the

conditions of this development consent. • The storage of building materials in or access through the Reserve will not be

permitted without prior approval by Council.

The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the



A works zone is required for this development. The principal contractor or owner must apply for a works zone. If the works zone is approved the principal contractor or owner must pay all fees for and implement the required works zone before commencement of any work.


The principal contractor must pay all fees associated with the application and occupation and use of the road as a works zone. All works zone signs must have been erected by Council to permit enforcement of the works zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of works zone fees. Note: The principal contractor or owner must allow not less than four to six weeks (for routine applications)

from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.


Standard Condition: D10 D.7 Security Fencing, Hoarding and Overhead Protection





greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must:



a) Extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b) Have a clear height above the footpath of not less than 2.1 m; c) Terminate 200mm from the edge of the carriageway (clearance to be left to prevent

impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and





D.8 Site Signs The Principal Contractor or owner builder must ensure that the sign/s required by clauses 98A and 227A of the Regulation is/are erected and maintained at all times. Clause 98A of the Regulation provides: Erection of signs • For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed













Clause 227A of the Regulation provides:









practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.



sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.

Standard Condition: D13 D.10 Erosion and Sediment Controls – Installation

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists

consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from www.woollahra.nsw.gov.au.


Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14

D.11 Building - Construction Certificate, Appointment of Principal Certifying Authority,

Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)







authority) of his or her appointment, and





• Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

d) The person having the benefit of the development consent, if not carrying out the work

as an owner-builder, has: • Appointed a principal contractor for the building work who must be the holder of
















Act, • In the case of work to be done by an owner-builder:

- the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that











D.13 Checking Construction Certificate plans & protecting assets owned by the Sydney Water Corporation Construction Certificate plans must be stamped by the Sydney Water Corporation prior to the commencement of any development work. This is required to ensure that buildings close to or over Sydney Water Corporation assets are identified and requirements for protecting them are implemented. Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by

visiting their web site: http://www.sydneywater.com.au/html/yourhome/quick_check/building_renovating.cfm

Standard Condition: D19 E. Conditions which must be satisfied during any development work E.1 Compliance with Australian Standard for Demolition

Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.

Standard Condition: E2 E.2 Compliance with Construction Management Plan

All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking

legislation prevails. Standard Condition: E3 E.3 Requirement to notify about new evidence

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority..

Standard Condition: E4 E.4 Critical Stage Inspections

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation.



Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be




a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, d) The following work must not take place before 9am or after 4pm any weekday, or

before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday; (i) Piling; (ii) Piering; (iii) Rock or concrete cutting, boring or drilling; (iv) Rock breaking; (v) Rock sawing; (vi) Jack hammering; or (vii) Machine excavation,

e) No loading or unloading of material or equipment associated with the activities listed in

part d) above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday.

f) No operation of any equipment associated with the activities listed in part d) above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday

g) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.






Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm .




Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf Standard Condition: E6 E.6 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must: Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. a) Not use the road or footway for the storage of any article, material, matter, waste or












c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.





E.7 Tree Preservation

All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation

must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and

WorkCover NSW Code of Practice Amenity Tree Industry. Standard Condition: E8

E.8 Tree Preservation & Approved Landscaping Works

All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Council Land

Council Reference No:


Tree Value

12 Hibiscus rosa-sinensis Rose of China Council verge 3 x 3 $603.00 Note: The tree trees required to be retained should appear coloured green on the construction certificate plans. b) The following trees must be transplanted and successfully established in the location(s)

indicated on the approved landscape plan:



10 Plumeria rubra Frangipani Rear yard western side 2 x 3

Note: The tree trees required to be retained should appear coloured yellow on the construction certificate plans.



c) The following trees may be removed:



1 Cedrus deodara Deodar Cedar Front yard adjacent western side boundary

8 x 5

2 Cupressus sempervirens Italian Cypress

Adjacent western side boundary 8 x 4

3 Cedrus deodara Deodar Cedar Adjacent western side boundary 8 x 5 4 Brachychiton acerifolius Illawarra

Flame tree Rear yard adjacent western boundary 4 x 4

5 Phoenix canariensis Canary Island Date Palm

Rear yard adjacent eastern boundary 5 x 7

6 Stenocarpus sinuatus Queensland Firewheel Tree

Rear yard adjacent eastern boundary 13 x 6

7 Ficus sp. Rear south eastern corner 8 x 13 8 Phoenix canariensis Canary

Island Date Palm Rear boundary 3 x 7

9 Jacaranda mimosifolia Jacaranda Rear yard centrally located 12 x 12 11 Howea forsteriana Kentia Palm Adjacent side western boundary 5 x 2

Note: The tree trees that may be removed should appear coloured red on the construction certificate plans.

E.9 Replacement trees which must be planted

The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed. Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council’s Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council’s Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below.

Species/Type Planting Location Container Size or

Size of Tree (@ time of planting)

Minimum Dimensions at Maturity

1 x Elaeocarpus reticulatus Blueberry Ash

In accordance with the submitted Susan Miles landscape plan No. L01/B, L02/B

400 litre Natural

2 x Banksia integrifolia Coastal Banksia


500 litre Natural

1 x Buckinghamia celsissima Ivory Curl Flower


75 litre Natural

3 x Plumeria rubra Frangipani


100 litre Natural

All replacement trees are to be NATSPEC grown.



E.10 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.

Standard Condition: E11 E.11 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and c) the contingency plan. Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.

Standard Condition: E12 E.12 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancing Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.




Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.

Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13


Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer. Where the event requires, in the opinion of the professional engineer, any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer. A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land.


Note: Professional engineer has the same mean as in Clause A1.1 of the BCA. Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any

structure or part of a structure”. Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919.


E.14 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition (“The Blue Book”). Where there is any conflict The Blue Book takes precedence.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices

and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”.

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15

E.15 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is

obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act

1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;

c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected

by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17




E.16 Check Surveys - boundary location, building location, building height, stormwater

drainage system and flood protection measures relative to Australian Height Datum The Principal Contractor or Owner Builder must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the building(s), ancillary works, flood protection works and the stormwater drainage system relative to the boundaries of the site and that the height of buildings, ancillary works, flood protection works and the stormwater drainage system relative to Australian Height Datum complies with this consent at the following critical stages. The Principal Contractor or Owner Builder must ensure that work must not proceed beyond each of the following critical stages until compliance has been demonstrated to the PCA’s satisfaction: a) Upon the completion of foundation walls prior to the laying of any floor or the pouring

of any floor slab and generally at damp proof course level; b) Upon the completion of formwork for floor slabs prior to the laying of any floor or the

pouring of any concrete and generally at each storey; c) Upon the completion of formwork or framework for the roof(s) prior to the laying of

any roofing or the pouring of any concrete roof; d) Upon the completion of formwork and steel fixing prior to pouring of any concrete for

any ancillary structure, flood protection work, swimming pool or spa pool or the like; e) Upon the completion of formwork and steel fixing prior to pouring of any concrete for

driveways showing transitions and crest thresholds confirming that driveway levels match Council approved driveway crossing levels and minimum flood levels.;


g) Flood protection measures are in place confirming location, height and capacity. Note: This condition has been imposed to ensure that development occurs in the location and at the height

approved under this consent. This is critical to ensure that building are constructed to minimum heights for flood protection and maximum heights to protect views and the amenity of neighbours.









E.18 Prohibition of burning There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area. Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all

burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.


Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as





Standard Condition: E23 E.20 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous

Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down

loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24







ote: Materials that have an existing reuse or recycling market should not be disposed of in a emoved and

rovisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

• livered ‘as needed’ to

• sidering

• f waste and recycling.

• risks, and

• urbance and limit unnecessary excavation

E.21 Waste minimisation and management – Demolition In order to maximise resource recovery and minimise residual waste from demolition activities: • the provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

be implemented at all times during the course of the work • an area is to be allocated for the storage of materials for use, recycling and disposal

(giving consideration to slope, drainage, location of waterways, stormwater outlets, vegetation and access and handling requirements)

• provide separate collection bins and/or areas for the storage of residual waste • clearly ‘signpost’ the purpose and content of the bins and/or storage areas • implement measures to prevent damage by the elements, odour, health risks and

windborne litter • minimise site disturbance, limiting unnecessary excavation When implementing the SWMMP the applicant must ensure: • footpaths, public reserves and street gutters are not used as places to store demolition

waste or materials of any kind without Council approval • any material moved offsite is transported in accordance with the requirements of the

Protection of the Environment Operations Act (1997) • waste is only transported to a place that can lawfully be used as a waste facility • generation, storage, treatment and disposal of hazardous waste and special waste

(including asbestos) is conducted in accordance with relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by WorkCover NSW evidence such as weighbridge docke• ts and invoices for waste disposal or recycling services are retained

N

landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully rsegregated from other waste streams. Standard Condition: E31

E.22 Waste minimisation and management – Construction

In order to maximise resource recovery and minimise residual waste from construction activities: • the p

be implemented at all times during the course of the work arrange for the delivery of materials so that materials are de prevent the degradation of materials through weathering and moisture damage consider organising to return excess materials to the supplier or manufacturer

• allocate an area for the storage of materials for use, recycling and disposal (conslope, drainage, location of waterways, stormwater outlets and vegetation) clearly ‘signpost’ the purpose and content of the storage areas

• arrange contractors for the transport, processing and disposal oEnsure that all contractors are aware of the legal requirements for disposing of waste. promote separate collection bins or areas for the storage of residual waste

• implement measures to prevent damage by the elements, odour and health windborne litter minimise site dist



y be used as a waste

• l records demonstrating lawful disposal of waste and keep them readily f

. Conditions which must be satisfied prior to any occupation or use of the building (Part

.1 Occupation Certificate (section 109M of the Act)

person must not commence occupation or use of the whole or any part of a new building

, or an extension to, an existing building.

he owner or principal contractor must install all approved amenity landscaping (screen

t are

ion of Systems and Works

he principal contractor or owner builder must submit to the satisfaction of the PCA works-

detailed,

orks-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in

) Certification from the supervising professional engineer that the requirement of the

b) r park, driveways and access ramps comply with

)

ion work.

the Principal Certifying Authority may require.

• ensure that all waste is transported to a place that can lawfullfacility retain alaccessible for inspection by regulatory authorities such as council, Department oEnvironment and Climate Change (DECC) or WorkCover NSW Standard Condition: E32

F4A of the Act and Part 8 Division 3 of the Regulation)

F A(within the meaning of section 109H (4) of the Act) unless an occupation certificate has beenissued in relation to the building or part.

ote: New building includes an altered portion ofNStandard Condition: F1

.2 Amenity Landscaping F

Tplanting, soil stabilisation planting, etc.) prior to any occupation or use of the site.

ote: This condition has been imposed to ensure that the environmental impacts of the developmenNmitigated by approved landscaping prior to any occupation of the development.


.3 Commissioning and CertificatF Tas-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and ascomply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Waccordance with Part A2.2 of the BCA must include but may not be limited to: a

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work. All flood protection measures.

c) All garage/car park/basement ca Australian Standard AS 2890.1 – “Off-Street car parking.” d All stormwater drainage and storage systems. e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuati) All waterproofing. j Such further matters as



ote: This condition has been imposed to ensure that systems and works as completed meet development

Note: plans, certificates, or other evidence of suitability as t

d

Note: of the

.4 Street Numbering

he development must be provided with street and sole occupancy unit numbers determined

er,

ote: Applications for the allocation of street and sole occupancy unit numbers should be made together with

.5 Letter Box(es)

ll letter boxes must be constructed and located in accordance with AS/NZS 4253:1994

ote: This condition has been imposed to ensure that mail can be delivered to occupiers of the site.

F.6 ew Waste Services

o occupation certificate must be issued until the owner/developer has procured the provision

. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

No relevant conditions.

. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

ll BASIX commitments must be effected in accordance with the BASIX Certificate No.

Nstandards as defined by the Act, comply with the BCA, comply with this consent and so that a publicrecord of works as execute is maintained. The PCA may require any number of WAEnecessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevanAustralia Standards. As a minimum WAE plans and certification is required for stormwater drainage andetention, mechanical ventilation work, hydraulic services (including but not limited to fire services). The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2BCA upon which the PCA has relied in issuing any Occupation Certificate. Standard Condition: F7

F

Tby Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate any property. Furththis condition has been imposed to protect the integrity of street numbering and land information. N

any application for a strata certificate or Torrens or community title subdivision certificate. Council willdetermine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest. Standard Condition: F11

F AMailboxes and to Australia Post’s satisfaction. N Standard Condition: F12 N Nof required wastes services including purchase of all waste and recycling storage containers (bins and crates) from Council or otherwise in accordance with the approved Waste Management Plan. Standard Condition: F19

G

H(s109C(1)(c))

H A233649M_02.



Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7

H.2 Removal of Ancillary Works and Structures The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the


H.3 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in accordance with the Roads Act 1993 approvals and comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense: a) Stormwater pipes, pits and connections to public stormwater systems within the road; b) Driveways and vehicular crossings within the road; c) Removal of redundant driveways and vehicular crossings; d) New footpaths within the road; e) Relocation of existing power/light pole f) relocation/provision of street signs g) New or replacement street trees; h) New footway verges, where a grass verge exists, the balance of the area between the

footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

i) New or reinstated kerb and guttering within the road; and j) New or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until

compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service centre. Standard Condition: H13

H.4 Positive Covenant & Works-As-Executed certification of stormwater systems

On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the PCA detailing: a) Compliance with conditions of development consent relating to stormwater; b) The structural adequacy of the On-Site Detention system (OSD);




c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations;

d) Pipe invert levels and surface levels to Australian Height Datum; e) Contours indicating the direction in which water will flow over land should the capacity

of the pit be exceeded in a storm event exceeding design limits. f) A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be

created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/or absorption trenches, including any pumps and sumps incorporated in the development. The wording of the Instrument must be in accordance with Council’s standard format and the Instrument must be registered at the Land Titles Office.

Note: The required wording of the Instrument can be downloaded from Council’s web site

www.woollahra.nsw.gov.au . The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate. The Final Occupation Certificate must not be issued until this condition has been satisfied.

Standard Condition: H20 I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting. Note: This condition also acknowledges that development consent is not required to plant vegetation and that

over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8

I.2 Provision of off-street Public and Visitor Parking The owner and occupier, in compliance with AS/NZS 2890.1:2004 : Parking facilities - Off-street car parking, must maintain unimpeded public access to off-street parking as follows:

Use Number of public spaces

Class 1 (All day parking) 1 This condition has been imposed to ensure adequate on site parking is maintained. Standard Condition: I4




I.3 Maintenance of BASIX commitments All BASIX commitments must be maintained in accordance with the BASIX Certificate No. 233649M_02. Note: This condition affects successors in title with the intent that environmental sustainability measures must

be maintained for the life of development under this consent. Standard Condition: I7 I.4 On-going maintenance of the on-site-detention system

The Owner(s) must in accordance with this condition and any positive covenant: a) Permit stormwater to be temporarily detained by the system; b) Keep the system clean and free of silt rubbish and debris; c) If the car park is used as a detention basin, a weather resistant sign must be maintained

in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense; f) Not make any alterations to the system or elements thereof without prior consent in

writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

h) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

i) Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

j) Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

This condition has been imposed to ensure that owners are aware of require maintenance requirements for their stormwater systems. Note: This condition is supplementary to the owner(s) obligations and Council’s rights under any positive

covenant. Standard Condition: I12

I.5 Waste Management - Residential

Waste Management must comply with the approved Waste Management Plan. Waste Management must comply with Council’s current waste management policy as is in force from time to time.



The occupier of the site must place waste and recycling bins/crates placed on the footpath for collection but not earlier than 12 hours prior to the designated collection time. The occupier of the site must remove waste and recycling bins/crates from the footpath within 12 hours of being emptied by Council’s waste service and they must be stored within the site in the approved waste storage area. No commercial waste must be placed within residential waste and recycling bins/crates Note: For further residential wastes management policy information go to www.woollahra.nsw.gov.au or

contact Council’s Waste Education Officer. Standard Condition: I45

I.6 Dry Recycling Systems and Services – Multi-unit residential developments The development is to incorporate dry recycling systems and services consistent with the Better Practice Guide for Waste Management in Multi-Unit Dwellings (the Guide), prepared by the Department of Environment and Climate Change. The Guide can be accessed at www.environment.nsw.gov.au/warr/BetterPracticeMUD This condition is imposed to promote better practices in the design, establishment, operation and on going management of waste services in residential multi-unit dwellings. Standard Condition: I47

I.7 Noise Control The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997. This condition has been imposed to protect the amenity of the neighbourhood. Note: Council will generally enforce this condition in accordance with the Noise Guide for Local Government


Useful links: Community Justice Centres—free mediation service provided by the NSW Government (www.cjc.nsw.gov.au). Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise). New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au). Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Department of Gaming and Racing - (www.dgr.nsw.gov.au).



http://www.environment/










I.8 Noise from mechanical plant and equipment The noise level measured at any boundary of the site at any time while the mechanical plant and equipment is operating must not exceed the background noise level. Where noise sensitive receivers are located within the site, the noise level is measured from the nearest strata, stratum or community title land and must not exceed background noise level at any time.




No relevant conditions. K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.




Note: The payment of environmental penalty infringement notices does not result in any criminal offence being recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1



Standard Advising: K2 K.3 NSW Police Service and Road Closures

The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area. Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No.: 0283568299 or Fax No.: 0283568211. Warning: If you partial or full close a road without compliance with Council and Police requirements Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution. Standard Advising: K4

K.4 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.









K.5 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.


The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.

Note: Further information can be obtained from Workcover NSW’s website:


K.7 Asbestos Removal, Repair or Disturbance

Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: a) The Occupational Health and Safety Act 2000; b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:

3002 (1998)] http://www.nohsc.gov.au/ ];






e) The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors. Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of

Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice.

Standard Advising: K8 K.8 Lead Paint

It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings. Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.

Standard Advising: K9 K.9 Dividing Fences

The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences. Note: Further information can be obtained from the NSW Department of Lands -

http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm. Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/.

Standard Advising: K10 K.10 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Larissa Holbert, Assessment Officer, on (02) 9391 7046.


http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm




However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

Standard Condition: K14 K.11 Release of Security


http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15 K.12 Recycling of Demolition and Building Material

It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17

K.13 Owner Builders

Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au.


http://www.fairtrading.nsw.gov.au/



K.14 Roads Act Application Works or structures over, on or under public roads or footpaths are subject to Sections 138, 139 & 218 of the Roads Act 1993 and specifically: • Construction of driveways and/or new or alterations to footpath paving • Alteration and/or extension to Council drainage infrastructure • Alteration and/or addition of retaining walls • Pumping of water to Council’s roadway • Installation of soil/rock anchors under the roadway

An “Application to carry out works in a Public Road” form must be completed and lodged, with the Application fee, at Council’s Customer Services counter. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage etc) within existing roads, must be attached, submitted to and approved by Council under Section 138 of the Roads Act 1993, before the issue of any Construction Certificate. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:



• Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances. The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations. Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”.


All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Advising: K24

Mrs L Holbert Mr G Fotis REVIEW OFFICER TEAM LEADER ANNEXURES 1. Plans and elevations 2. Technical Services referral 3. Landscape Officer referral 4. Heritage Officer referral 5. Original assessment Report





Matter before Committee or Council meeting

Did the applicant, owner (if not the applicant) or someone close to the applicant make a donation in

excess of $1,000 that directly benefited your election campaign? (Code of Conduct Cl 7.23)

ActionDeclare a significant non-

pecuniary conflict of interest, absent yourself from the meeting

and take no further part in the debate or vote on the matter(Code of Conduct Cl 7.17(b))

Did the applicant or someone close to the applicant make a donation less than $1,000 that

directly benefited your election campaign?(Code of Conduct Cl 7.23)

Do you believe the political contribution creates a significant non-pecuniary conflict of interest for you?

(Code of Conduct Cl 7.24)

ActionDeclare a significant non-

pecuniary conflict of interest, absent yourself from the meeting

and take no further part in the debate or vote on the matter(Code of Conduct Cl 7.17(b))

ActionParticipate in debate and vote on

the matter

Yes

No

YesYes

No

Is the matter before the meeting a Planning Matter?Yes

No

Staff to record decision process (motions/amendments) and Division

of votes for the determinative resolution or recommendation in the

meeting minutes

Staff to record decision process (motions/amendments) and determinative resolution or

recommendation in the meeting minutes

ActionConsider appropriate action required.

This could include limiting involvement by:1. participating in discussion but not in decision

making (vote),2. participating in decision making (vote) but not in

the discussion3. not participating in the discussion or decision

making (vote) 4. removing the source of the conflict

No

or

POLITICAL DONATIONS DECISION MAKING FLOWCHART FOR THE INFORMATION OF COUNCILLORS

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