Development Assessment Unit

Development Assessment

Unit

Tuesday, 27 June 2017

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 1455/2017/LD - DEMOLITION OF

EXISTING DWELLING AND CONSTRUCTION OF A

THREE STOREY DWELLING & INGROUND

SWIMMING POOL - LOT 14 DP 238221, NO. 5

PAXTON PLACE, CASTLE HILL

4


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 20 JUNE 2017

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Daniel Giffney Acting Manager – Environment & Health

Amanda Burke Acting Manager – Regulatory Services

Janelle Atkins Acting Manager – Forward Planning

Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:41am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 13 June

2017 be confirmed.

ITEM-2 DA NO. 782/2017/HA - TELECOMMUNICATIONS

FACILITY - LOT 21 DP 598751, NO. 307A

BOUNDARY ROAD, MARAYLYA

RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES


PAGE 4

ITEM-2 DA NO. 1455/2017/LD - DEMOLITION OF EXISTING

DWELLING AND CONSTRUCTION OF A THREE

STOREY DWELLING & INGROUND SWIMMING POOL

- LOT 14 DP 238221, NO. 5 PAXTON PLACE, CASTLE

HILL

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 27 JUNE 2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

KATHRYN SPRANG

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The Development Application is for the demolition of the existing dwelling and,

construction of a three storey dwelling, inground swimming pool, spa and front fence.

The dwelling will contain five bedrooms and a basement garage.

The proposal complies with Development Control Plan Part B Section 2 – Residential with

the exception of variations to the maximum dwelling width, encroachments into the front

setback and extent of cut. The DCP requires that the width of the dwelling at the building

line is to be a maximum of 80%. The proposed dwelling is 84% of the width at the

building line. The DCP states that single storey entry features may encroach into the

front setback up to 1.2m for a maximum of 30% of the frontage. There are two Juliet

balconies which are not single storey elements which encroach 850mm into the front

setback and a total width of one Juliet balcony and the ground floor entry porch is 42%

of the width of the building. The DCP also limits excavation to 1 metre unless it can be

demonstrated that there will be no adverse impacts on adjoining owners. The proposed

excavation is 3.2 metres.

The proposed variations are considered satisfactory as the built form outcome responds

appropriately to the desired character of the locality and will not cause an unreasonable

impact upon the amenity of adjoining properties.

The proposal was notified to adjoining property owners and three submissions were

received from two property owners. The issues raised in the submissions relate to

privacy, lot size, retaining wall location, solar access and front setback. The proposed

dwelling has a satisfactory design which is in keeping with the future desired character of

the area. The proposal limits the potential for overlooking and satisfactory solar access is

provided to the subject site and adjoining properties.


PAGE 5

The application is recommended for approval subject to conditions.

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Dwell Designs

Australia

1. LEP 2012 – Permissible with

consent.

Owner: S and M Saade 2. DCP Part B Section 2 Residential -

Variations required, see report

Zoning: R2 Low Density

Residential

3. Section 79C (EP&A Act) -

Satisfactory

Area: 713.5m2

4. Section 94A Contribution - Yes

Existing Development: Single Storey

Dwelling

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required.

1. Variations to the DCP.

2. Notice Adj Owners: Yes, 14 days.

2. Submissions received.

3. Number Advised: Ten

4. Submissions

Received:

Three (from two

property owners)

POLITICAL DONATION – None disclosed.

HISTORY

28/03/2017 Subject Development Application Lodged.

24/04/2017 Letter sent to the applicant requesting additional information in

regard to the front setback, dwelling width, rear setback,

earthworks, privacy, shadow diagrams, swimming pool filter,

gazebo elevations, BASIX certificate and drainage.

16/05/2017 Amended architectural plans and hydraulic plans received from

the applicant. An email was sent to the applicant advising that

some information remains outstanding.

23/05/2017 Amended architectural plans, revised BASIX certificate and

justification to variations received from applicant.

07/06/2017 Updated survey plan with surveyor’s registration details

included received from applicant.


PAGE 6

PROPOSAL

The Development Application is for the demolition of the existing dwelling on site and

construction of a three storey dwelling, inground swimming pool, spa and front fence.

The dwelling will contain five bedrooms, theatre room, gym room, formal lounge, living

room, dining room, covered terrace and basement car parking.

The proposed building materials are rendered brick with concrete roof tiles. The

proposed colour scheme is predominantly cream, grey and white.

ISSUES FOR CONSIDERATION

1. Compliance with DCP Part B Section 2 – Residential

The proposal has been assessed having regard to the provisions of the DCP Part B

Section 2 – Residential. The proposed is compliant with the DCP requirements with the

exception of maximum dwelling width, encroachments into the front setback and cut.

DEVELOPMENT

STANDARD

DCP REQUIREMENTS PROPOSED

DEVELOPMENT

COMPLIANCE

Maximum Dwelling

Width

Width of allotment at the building line:

Percentage of width at the building line:

Less than or equal to 18m

80%

Greater than 18m 75%

Width of

allotment:

14.7m

Width of

building:

12.394m or

84%

No, however

the design will

not adversely

impact on

streetscape.

Dwelling Design

and Construction

Stairs, single storey verandahs,

single storey entry features,

and single storey porticos may

encroach up to 1.2 metres of

the building setback for 30% of

width of the dwelling provided

the design, materials, colours

and construction be consistent

with the dwelling.

Two Juliet

balconies (not

considered

single storey

features)

proposed which

encroach

850mm into the

front setback.

Combined width

of one Juliet

balcony and the

entry porch is

42% the width

of the building.

No, however

the Juliet

balconies are

a suitable

design feature

providing

architectural

relief and

interest to the

dwelling

façade.

Cut and Fill Excavation in excess of 1 metre

may be permitted, subject to

there being no adverse effect

on the adjoining owners.

The proposed

excavation is

3.2m to

facilitate the

basement level.

No, however

the excavation

is considered

reasonable as

there is

minimal

impacts on

adjoining

owners.


PAGE 7

i. Maximum Dwelling Width

The DCP requires allotments with widths less than or equal to 18 metres to have a

maximum dwelling width of 80% at the building line. The proposed width of the building

is 84% resulting in a 4% variation to the control.

The applicant has provided the following justification:

The proposed development has been designed to relate sympathetically to the

topography, and to the scenic quality of the site and surrounds. This is due the design,

siting and relationship to adjoining properties.

The proposed development demonstrates a good design outcome to a site located within

a cul-de-sac and has an irregular shape. A narrow frontage going wider at rear makes

the design aspect very hard to meet Council DCP in “Maximum Dwelling width”, but by

moving the dwelling to the maximum possible back we achieved a wider frontage, and

this is considered acceptable in this regard.

Comment:

The DCP provides the following objectives in relation to building setbacks:-

(i) To provide setbacks that complement the streetscape and protects the privacy

and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site

constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality and

enhances the streetscape.

The proposed width of the building is 84% resulting in a 4% variation. The proposed

variation does not result in loss of privacy or solar access impacts to adjoining

properties. It is also noted that both side setbacks exceed the requirements of the DCP

and will range from a minimum setback of 1.2 metre to a maximum setback of 3 metres.

The lot is also an irregular shape with a narrow frontage and a wider rear.

The proposed dwelling provides a satisfactory streetscape presentation and the scale of

the dwelling is compatible with the desired future built environment.

The proposed variation to the dwelling width is considered to be satisfactory in this

instance.

ii. Dwelling Design and Construction

The DCP permits stairs, single storey verandahs, single storey entry features, and single

storey porticos to encroach up to 1.2 metres into the building setback for a maximum

30% of the width of the dwelling. The design has two Juliet balconies that are not single

storey features which encroach 850mm into the front setback. In addition to this the

combined width of one Juliet balcony and entry porch is 42% of the width of the

dwelling.



PAGE 8

The DCP requires dwellings to be setback 10m from the front boundary, after we

submitted amended plans to achieve this, the porch and Juliet balconies are within the

8.8m setback which we find acceptable in this regard.

Comment:

The DCP provides the following objectives in relation to dwelling design and

construction:-

(i) To ensure that dwellings are designed with regard to site conditions and

constraints such as drainage easements.

(ii) To ensure that dwelling design and siting have regard to the existing

streetscape and character of the area, and the amenity of adjoining

development.

(iii) To protect existing trees on the site.

(iv) To ensure that the appearance of housing is of a high visual quality and

enhances the streetscape and the urban environment.

(v) To allow flexibility in the siting of new buildings and ensure the bulk and scale

of new development protects reasonable neighbour amenity and maintain

appropriate residential character.

The proposed Juliet balconies do not result in undue privacy impacts to adjoining

properties. The Juliet balconies are shallow in width, provide limited use, and act as a

design feature providing architectural relief and interest to the dwelling façade.

The combined width of one Juliet balcony and the porch have a width of 42% of the

overall dwelling width. It is noted that the porch and balconies do not add unreasonable

bulk and scale to the dwelling.

There are also other dwellings in the street that have front setbacks less than 10 metres,

being No. 4 Paxton Place which has a setback of approximately 7 metres, No. 6 Paxton

place which has a setback of approximately 8.8 metres and No. 8 Paxton Place which has

setback of approximately 9.5 metres.

The proposed variations are considered to provide a satisfactory streetscape

presentation and the scale of the dwelling is compatible with the existing and desired

future built environment.

The proposed variation is considered to be satisfactory in this instance.

iii. Cut and Fill

The DCP states that excavation in excess of 1 metre may be permitted, subject to no

adverse impacts on adjoining land owners. The proposed excavation for the basement

level is 3.2 metres.


The cut of the project site exceed Council’s regulation. The cut is suitable noting that this

is a suitable approach to ensure compliance with the building height control that is a key

constraint on the site. It is considered that the proposed excavation will have minimal

adverse environmental or amenity impact. The proposal results in an appropriate


PAGE 9

outcome when considering the nature of the development. The proposal will not

adversely affect or disrupt drainage and floor patterns, flood storage or soil stability in

the area. The proposed excavation is consistent with the current and future use of the

land and will develop the site into context with its surrounds and in accordance with

Council’s current and proposed planning strategies.

Comment:

The DCP provides the following objectives in relation to dwelling design and

construction:-

(i) To ensure that dwellings are designed with regard to site conditions and

minimise the impact on landform.

The proposed maximum excavation required is 3.2 metres for the basement. It is not

anticipated that there will be any adverse impacts to adjoining neighbours due to the

extent of excavation, however a condition of consent is recommended requiring a

dilapidation report to be obtained in relation to adjoining properties at 3 and 8 Paxton

Place to ensure no adverse impacts to these properties (see Conditions 18 and 44).

The proposed variation to the excavation is considered to be satisfactory in this instance.

2. Issues Raised in Submissions

The proposal was notified to adjoining property owners for 14 days. In response, three

submissions were received from two property owners. The issues raised in the

submissions are addressed below:

ISSUE/OBJECTION COMMENT OUTCOME

Privacy concerns regarding

upstairs rooms and rear

balcony overlooking

adjoining properties.

The first floor windows service

predominantly bedrooms and

bathrooms with the exception of a

void space and staircase. All

bathroom/toilet windows on the first

floor and the large windows on each

side elevation will have obscure

glazing (see Attachment 4).

There is no rear balcony proposed.

The proposed development will not

result in unreasonable privacy impacts

to adjoining properties.

Issue addressed.

The land size of the block

is incorrectly stated on the

plans.

A survey from a registered land

surveyor has been submitted and is

considered satisfactory. The lot has an

area of 713.5m2.

Issue addressed.

Concern regarding

proposed retaining

wall/front fence located

partially on adjoining

property.

All works are required to be located

on the subject site. A condition of

consent is recommended that a

survey certificate may be requested

by the PCA at footings or formwork

stage to show the location of

building/structures in relation to all

boundaries.

Condition

imposed - see

Condition 30.


PAGE 10

ISSUE/OBJECTION COMMENT OUTCOME

The location of the

dwelling will result in a loss

of solar access to adjoining

properties.

The proposed dwelling will provide a

minimum of 4 hours solar access to

50% of the private open space areas

of adjoining properties between 9am

and 3pm on 21 June and accordingly

complies with the requirements of the

DCP.

Issue addressed.

Due to the proposed front

setback being forward of

the existing dwelling,

adjoining neighbours

outlook will be reduced.

The existing dwelling on the site has a

front setback of approximately 9

metre. The proposed dwelling will

have a 10 metre front setback to the

front wall of the dwelling, 8.8 metres

to the front porch/entry feature and a

9.15 metre setback to the Juliet

balconies. The proposed setbacks are

considered satisfactory and will not

adversely impact on outlook towards

the street.

Issue addressed.

ENGINEERING COMMENTS

No objection is raised subject to conditions of consent.

TREE MANAGEMENT COMMENTS

No objection is raised subject to conditions of consent.

CONCLUSION

The proposed development has been assessed against the relevant heads of

consideration under Section 79C of the Environmental Planning and Assessment Act,

1979, Local Environmental Plan 2012 and Development Control Plan Part B Section 2-

Residential and is considered satisfactory. The variations to dwelling width,

encroachments in the front setback and excavation are addressed in the report and are

supported. The matters raised in the submissions have been considered and addressed

in the report and do not warrant further amendment or refusal of the Development

Application.

The application is recommended for approval subject to conditions.

IMPACTS

Financial

This matter has no direct financial impact upon Council's adopted budget or forward

estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and

objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed

development provides for satisfactory urban growth without adverse environmental or

social amenity impacts and ensures a consistent built form is provided with respect to

the streetscape and general locality.


PAGE 11

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, stamped and returned with this consent except where amended by other

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

1/21 Cover Sheet/Colour Scheme B 23/05/2017

3/21 Site Plan/Roof Plan B 23/05/2017

4/21 Ground Floor Plan B 23/05/2017

5/21 Ground Floor Plan B 23/05/2017

6/21 Basement Plan B 23/05/2017

7/21 Landscape Plan B 23/05/2017

8/21 Pervious/Impervious Calculation B 23/05/2017

9/21 Elevations B 23/05/2017

10/21 Elevations B 23/05/2017

11/21 Section AA B 23/05/2017

12/21 Section BB B 23/05/2017

15/21 Front fence/Streetscape B 23/05/2017

16/21 Pool/Gazebo Drawings/Driveway

Section

B 23/05/2017

18/21 Demolition Plan A 27/03/2017

1800-S1/3 Stormwater Drainage Plan B 10/05/2017

1800-S2/3 Stormwater Drainage Plan B 10/05/2017

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

3. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

4. Tree Removal

Approval is granted for the removal of trees shown for removal on demolition plan dated

23/05/2017.

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

5. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 45 litre pot

size. All shrubs planted as part of the approved landscape plan are to be minimum

200mm pot size. Groundcovers are to be planted at 5/m2.


PAGE 12

6. Gutter and Footpath Crossing Application

Each driveway requires the lodgement of a separate gutter and footpath crossing

application, accompanied by the applicable fee as per Council’s Schedule of Fees and

Charges.

7. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for

in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works

Specifications Subdivisions/ Developments.

Works on existing public roads or any other land under the care and control of Council

must be approved and inspected by Council in accordance with the Roads Act 1993 or

the Local Government Act 1993. A separate minor engineering works application and

inspection fee is payable as per Council’s Schedule of Fees and Charges.

a) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the

above documents and Council’s Driveway Specifications.

The proposed driveway must be built to Council’s residential standard.

A separate driveway application fee is payable as per Council’s Schedule of Fees and

Charges.

b) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter

together with the restoration and turfing of the adjoining footpath verge area.

c) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable

point of legal discharge.

The runoff directed to the basement pump out system must be minimised as much as

possible via a grated drain along the driveway set as low as possible whilst still allowing

runoff to the kerb under gravity.

8. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

9. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping

must be kept onsite at all times and produced in a legible form to any authorised officer

of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square

metres or more of asbestos sheeting) must provide information to the NSW EPA

regarding the movement of waste using their WasteLocate online reporting tool

www.wastelocate.epa.nsw.gov.au.

10. Demolition Notification

Both Council and any adjoining properties must be notified in writing five days before

demolition works commence.

http://www.wastelocate.epa.nsw.gov.au/


PAGE 13

11. Air Conditioner Location

Air-conditioning unit location is to be a minimum 450mm from the side/rear boundary,

and is to comply with SEPP (Exempt and Complying Development Codes) 2008

requirements.

12. Restriction on Building Use

The building is not to be used or converted for use for separate habitation, dual

occupancy, commercial or industrial purposes.

13. Management of Construction and/or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of

the Protection of the Environment Operations Act 1997 and only to a place that can

lawfully be used as a waste facility. The separation and recycling of the following waste

materials is required: metals, timber, masonry products and clean waste plasterboard.

This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for

timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or

more bins and sent to a waste contractor or transfer/sorting station that will sort the

waste on their premises for recycling. Receipts of all waste/recycling tipping must be

kept onsite at all times and produced in a legible form to any authorised officer of the

Council who asks to see them.

14. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the

commencement of a domestic waste service with Council. The service is to be arranged

no earlier than two days prior to occupancy and no later than two days after occupancy

of the development. All requirements of Council’s domestic collection service must be

complied with at all times. Please telephone Council on (02) 9843 0310 for the

commencement of waste services.

15. Disposal of Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not

permitted without the previous written approval of Council prior to works commencing

on site. Any unauthorized disposal of waste, which includes excavated material, is a

breach of the Protection of the Environment Operations Act 1997 and subject to

substantial penalties. Receipts of all waste/ recycling tipping must be kept onsite at all

times and produced in a legible form to any authorised officer of the Council who asks to

see them.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

16. Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,

and The Hills Section 94A Contributions Plan, a contribution of $7,800.00 shall be paid

to Council. This amount is to be adjusted at the time of the actual payment in

accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate.


PAGE 14

You are advised that the maximum percentage of the levy for development under

section 94A of the Act having a proposed construction cost is within the range specified

in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

17. Stormwater Pump/ Basement Car Park Requirements

The stormwater pump-out system must be designed and constructed in accordance with

AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system

must be connected to the Onsite Stormwater Detention system before runoff is

discharged to the street (or other point of legal discharge) along with the remaining site

runoff, under gravity. All plans, calculations, hydraulic details and manufacturer

specifications for the pump must be submitted with certification from the designer

confirming compliance with the above requirements.

PRIOR TO WORK COMMENCING ON THE SITE

18. Adjoining Property Dilapidation Report

A dilapidation report must be prepared and submitted by a structural engineer recording

the condition of any dwelling or ancillary structures on Nos. 3 and 8 Paxton Place within

the likely zone of influence from any excavation, dewatering or construction induced

vibration.

19. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that

the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not

already provided) must be submitted to the Principal Certifying Authority upon request

prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney

Water Tap in™, or telephone 13 20 92.

20. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an after hours' contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.

21. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the

installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after

building, to the electricity meters and metering equipment.

22. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.


PAGE 15

23. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

24. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works; and maintained throughout construction activities until the site is landscaped

and/or suitably revegetated. The controls shall be in accordance with the details

approved by Council and/or as directed by Council Officers. These requirements shall be

in accordance with Managing Urban Stormwater – Soils and Construction produced by

the NSW Department of Housing (Blue Book).

25. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

26. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

DURING CONSTRUCTION

27. Dropped Edge Beam

All fill is to be contained within the dropped edge beam as shown on the approved plans.

The dropped edge beam is to extend to natural ground level. No fill is to be placed to the

exterior of the building unless otherwise shown on the approved plans.

28. Hours of Work

Work on the project to be limited to the following hours: -

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work.

29. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system

upon installation of the roof covering.

30. Survey Certificate

A survey certificate signed and dated (including contact details) from a registered land

surveyor may be requested by the Principal Certifying Authority at footings and/or

formwork stage. The certificate shall indicate the location of the building/structure in

relation to all boundaries, and shall confirm the floor/coping level prior to any work

proceeding on the building/structure.

31. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 803106S_02 are to be complied with. Any subsequent version of this BASIX

Certificate will supersede all previous versions of the certificate.


PAGE 16

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

32. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

33. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are

to be undertaken generally in accordance with the approved plans.

34. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in good

repair for the duration of the construction work;

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp or

covered.

35. Filtration Motor Noise

The sound pressure level of the swimming pool filter and pump equipment shall not

exceed (at the boundary) a level greater than 5dB (A) above the background noise level

in accordance with Protection of the Environmental Operations Act 1997. If the noise of

the filter causes a nuisance to the occupiers of adjacent dwellings, the swimming pool

filter and pump shall be fully enclosed in an enclosure to attenuate noise emitted by the

swimming pool equipment.

36. Pool Discharge Water

Discharge and/or overflow pipe from the swimming pool and filtration unit to be

connected to the sewer where available.

All backwash water from the filtration unit is to be similarly disposed, or alternatively,

must be piped to an absorption trench.

The pool excavations not to conflict with the position of household drainage trenches or

lines, the position of which must be ascertained before pool excavation commences.

37. Swimming Pool Safety Fencing

All pools and safety barriers are to comply with the Swimming Pools Act 1992, the

Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet

titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.


PAGE 17

It should be noted that any steps, retaining walls, objects (for example – planter boxes,

pump enclosures and the like) or level changes that would otherwise reduce the height

of the barrier within a property shall not be located within 500mm of the barrier.

38. Resuscitation Warning Notice

In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be

displayed in a prominent position, in the immediate vicinity of the swimming pool. The

notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

(i) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL",

and

(ii) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and

(iii) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR

OF THE POOL FENCE AT ALL TIMES",

and all other details required by the Regulation.

39. Pool not to be Filled Until Occupation

The pool is not to be filled with water until the dwelling is occupied.

40. Temporary Fencing of Pools

This condition applies to unoccupied land.

On excavation and prior to installation of the pool shell or placement of the steel re-

enforcement, a fence is to be provided around the pool excavation, so as to isolate and

prevent access to it.

The fence provided is to be 1.8m high and to no less a standard than correctly joined

and secured, temporary fence panels or chainmesh. The fence is to remain in place until

the site (dwelling) has been approved for occupation.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

41. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering

works covered by this consent, in accordance with this consent.

42. Pump System Certification

Certification that the stormwater pump system has been constructed in accordance with

the approved design and the conditions of this approval must be provided by a suitably

qualified hydraulic engineer.

43. Creation of Restrictions / Positive Covenants

Before an Occupation Certificate is issued the following restrictions/ positive covenants

must be registered on the title of the subject site via a request document, Section 88B

instrument associated with a plan or the like. Council’s standard recitals must be used.

a) Positive Covenant – Stormwater Pump

The subject site must be burdened with a restriction and a positive using the “basement

stormwater pump system” terms included in the standard recitals.

44. Final Dilapidation Survey

On completion of the excavation, the structural engineer shall carry out a further

dilapidation survey at the properties referred to in Condition 18 above and submit a copy

of the survey both to Council and the property owners.

45. Retaining Walls

All retaining walls shown on the approved plans shall be completed prior to the issue of a

Final Occupation Certificate.


PAGE 18

46. Spa Pool Construction

The spa pool shall be constructed to comply with Australian Standard AS2610.2 – Private

Spas. With respect to entrapment hazards, the spa pool shall:

a) Be designed so pressure will be immediately released at a suction point from the

spa pool if it becomes blocked;

b) Each pump should have a minimum of two operative suction points connected by

a common line;

c) Suction points should be fitted as close as possible to the water surface as is

practical without affecting the operation of the system;

d) The suction points shall not be closer than 600mm;

e) An emergency stop switch controlling all spa pool pumps, blowers and heaters

shall be provided within three (3) metres of the spa pool and shall be visible at all

times.

Certification of the above matters shall be provided from the spa manufacturer/installer

to the PCA prior to the issue of any Occupation Certificate.

47. Safety Glazing for Pool Fencing

If glazing is chosen to be incorporated into the pool safety fencing system, a safety

glazing certificate is to be provided to Council, or the Principal Certifying Authority,

indicating all materials and installation are in accordance with AS 1288.

48. Registration of Swimming Pool/Spa

Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on

the NSW state register of swimming pools and spas. To register the swimming pool/spa

you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A

copy of the registration certificate is to be submitted to the PCA to confirm the

registration.

THE USE OF THE SITE

49. Maintenance of Landscaping Works

The landscaping works, associated plantings and construction of retaining walls are to be

effectively maintained at all times and throughout the life of the development.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Elevations

5. Section

6. Shadow Diagrams


PAGE 19

ATTACHMENT 1 – LOCALITY PLAN


PAGE 20

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 21

ATTACHMENT 3 – SITE PLAN


PAGE 22

ATTACHMENT 4 – ELEVATIONS


PAGE 23


PAGE 24


PAGE 25

ATTACHMENT 5 – SECTION


PAGE 26

ATTACHMENT 6 - SHADOW DIAGRAMS

Development Assessment Unit

Documents

Transcript of Development Assessment Unit