Inspection Agenda - 3 December 2011 - Waverley Council · and Council’s Code of Meeting ......

37

29 November 2011 A meeting of COUNCIL will be held at the Waverley Council Chambers, Bondi Road, Bondi Junction at:

12.30PM, SATURDAY 3 DECEMBER 2011 QUORUM: Seven Councillors. APOLOGIES: Email the General Manager or Governance Manager.

Late notice by telephone or through a Councillor attending the meeting.

Tony Reed GENERAL MANAGER

Waverley Council

PO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction. Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)

Waverley Council (Inspection) Meeting – Saturday, 3 December 2011 2

AGENDA I-1112.A LEAVES OF ABSENCE AND APOLOGIES I-1112.DI DECLARATIONS OF INTEREST I-1112.1 GENERAL BUSINESS There are no items of General Business. I-1112.2 INSPECTIONS I-1112.2.1 PAGE 4 420 and 424 Oxford Street, Bondi Junction – Alterations and additions to both buildings to form 7 shops and ancillary facilities (DA 281/2011) Report dated 10 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. I-1112.2.2 PAGE 38 144 St James Road, Bondi Junction – Removal of tree (DA 253/2011) Report dated 10 November 2011 from the Development and Building Unit. Recommendation: That the application be refused in accordance with the reasons contained in this report. I-1112.2.3 PAGE 44 350 Birrell Street, Bondi – New driveway crossing and construction of a single hardstand car space in front of the existing semi-detached dwelling (DA 385/2011) Report dated 10 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report.

Waverley Council (Inspection) Meeting – Saturday, 3 December 2011 3

I-1112.2.4 PAGE 58 6 Pembroke Street, Bronte – Demolition of existing dwelling and construction of a new two storey dwelling with basement garage and swimming pool (DA 242/2011) Report dated 9 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. I-1112.2.5 PAGE 85 5 Andrews Avenue, Bondi – Alterations and a first floor addition to a semi-detached dwelling (DA 399/2011) Report dated 11 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. I-1112.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair will call for the submission of any rescission motions.

420 and 424 Oxford Street, Bondi Junction – Alterations and additions to both buildings to form 7 shops and ancillary facilities (DA-281/2011) Report dated 10 November 2011 from Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to DCC at the request of Cns Main and Sloan for public amenity reasons.

Development Assessment Report Bondi Junction Centre – Commercial

Development Application No. DA-281/2011 Address 420 and 424 Oxford Street, Bondi Junction Lodgement Date 17 June 2011 Proposal

Alterations and additions to both buildings to form 7 shops and ancillary facilities accessing Rowe Street adjoining Oxford Street.

Zoning and relevant controls

B3 – Commercial Core Waverley Local Environmental Plan (Bondi Junction

Centre) 2010 Waverley Development Control Plan 2010

Owner Zondaro Pty Ltd Applicant Zondaro Pty Ltd Submissions One Issues None Recommendation Approve subject to conditions

4

1. PREAMBLE

1.1 The Site and its Locality The two sites are located on the eastern and western side of the pedestrian ramp which lies over Rowe Street providing pedestrian access from the bus/rail interchange and Tiffany Plaza to Oxford Street Mall. The sites are located in the middle of Oxford Mall on the northern side adjoining the bus/rail interchange and Tiffany Plaza. Both sites currently have a setback to the pedestrian ramp, presenting a void between the properties.

1.2 Background Section 82a Review- 248/2010, Review of determination for installation of two projecting wall signs for third party and community advertising - Refused DA- 248/2010 - Installation of two projecting wall signs for third party and community advertising - Refused DA - 39/2008 - Alterations to the existing building including a new sign and new metal door frame – Approved DA - 339/2005 - Erect illuminated signage on existing mixed use building within the Foreshore Scenic Protection Area - Approved DA - 387/2005 - Erect two new prefabricated kiosks within Foreshore Scenic Protection Area – Approved DA- 692/2005 - Change of use and shop fitout to provide a sales and display centre for Massage Equipment- Approved

1.3 Proposal Description The application seeks permission for the construction of 7 temporary shops on the corner of Rowe Street and Oxford Street Mall. The proposal includes;

- The construction of 6 new retails shops with access off the ramp (officially known as Rowe Street) adjoining 424 Oxford Street

- The construction of 1 new retail shop with access off the ramp at the rear of 420 Oxford Street.

- Alterations to the basement floor layout of the existing building at 424 Oxford Street to provide new storage space, corridor from rear passage providing access to stairs and ground floor level.

- Top hamper signage associated with each of the new retail shops. - Widening of existing garage door at rear (north) of 424 Oxford Street beneath access

ramp with new roller door to Grosvenor Lane elevation. The new shops will involve internal alterations to the first floor of 424 Oxford Street and 420 Oxford Street. Awnings providing weather protection will overhang the pedestrian ramp known as Rowe Street. The shops are proposed a temporary structures, for 5 to 10 years.

5

2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments. 2.1.2 Waverley Local Environmental Plan (Bondi Junction Centre) 2010

Clause 1.2 – Aims of Plan The proposal is considered to adhere to the aims of the plan. Clause 2.3 – Zone Objectives and Land Use Table The sites are both zoned B3- Commercial Core. It is considered that the proposed retail uses achieve the objectives of the zone. Clause 4.3 – Height of Buildings The land attached to 420 Oxford Street falls within the U zone, which has a maximum height limit of 32m. Part of the land to the north of 422 Oxford Street falls within the U zone having a maximum height limit of 32m, with the front/southern portion of the site limited to a height of 10m The 7 shops proposed on both allotments are less than 5m in height and therefore meet the height stipulations of the DCP. In particular, the shop facing Oxford Street Mall has a height of 4.2m Clause 4.4 – Floor Space Ratio The two sites fall within the Z2 zone of the Floor Space ratio map which stipulates an FSR of 5.5:1. The additions proposed to the site at 420 Oxford Street equate to a Floor Space Ratio of 1.95:1 and the additions proposed to the site at 424 Oxford Street equates to a Floor Space Ratio of 1.4:1. The development complies. Clause 4.6 – Exceptions to Development Standards This clause is not applicable to the proposal. Clause 5.10 – Heritage Conservation The site adjoins the Bondi Junction underground railway and station which is listed as a heritage item under Schedule 5 of the LEP. The proposal is not considered to have a detrimental impact on the aesthetic or heritage value of the site. PART 6- Additional Local Provisions Clause 6.1 - Minimum Street Frontages The site has a street frontage in excess of 40m to Rowe Street, satisfying the Clause. Clause 6.2 Design Excellence Council’s Urban Design Consultant offered the following comment; The proposed works will extend out from the existing, largely blank side walls of the retail buildings facing Oxford Mall. The works obscure surfaces of limited heritage significance. The new shopfronts and associated awnings will improve the visual quality of the ramp way subject to limitations on signage, street furniture and lighting. These should be closely

6

integrated with signage, lighting and furniture employed in the Bondi Mall. Additional details of restoration works to the Oxford Mall street elevations should be provided. To maintain the streetscape quality of the Oxford Mall it is recommended that signage, street furniture and lighting to the proposed works should be closely integrated with signage, lighting and furniture employed in the Bondi Mall. Additional details of restoration works to the Oxford Mall street elevations including colour finishes and details of replacement window joinery should be provided prior to any consent. This matter can be conditioned accordingly. Clause 6.3 Active Street Frontages The site is located within a B3 zone, therefore an active street frontage is required. In this clause, a building has an active street frontage if the part of the ground floor of the building facing a street has commercial activities. The proposal satisfies this clause by having glass shop fronts facing Rowe Street and Oxford Street Mall to encourage activity. Clause 6.4 – Additional objectives for development in Zone B3 – Commercial Core Clause 6.4 specifically relates to this development. It is considered that the development satisfies the below objectives by activating the pedestrian link/ramp which provides access between the bus/rail interchange and does not interrupt the existing street layout and does not detrimentally overshadow the southern side of the Oxford Street Mall. In addition, the proposal maintains the safe and convenient pedestrian link between the station and Oxford Street mall.

Clause 6.5 – Location of Sex services Premises N/A The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.3 Waverley Development Control Plan 2010, Part F1 - Bondi Junction Commercial Centre

COMPLIANCE CHECK

TOWN SQUARE PROVISIONS

Control

Standard

Proposed

Compliance

Building Form Building to street alignments and street setbacks

Street frontage

heights

The proposal seeks to continue with a nil setback to the Oxford Street a nil on the eastern side of the ramp

On the northern side of

Oxford Street mall buildings are permitted to a stepped height ranging from 10 to 32m. The proposed shops are below 10m in height.

Yes

Yes

7

COMPLIANCE CHECK


Building depth and height

Planting on structure Sun access to public

spaces

The floor plate of the building is less than 900sqm.

No planning area proposed and is not considered to be integral to the temporary structure.

The proposed shops

are not considered to cause adverse shading.

Yes

Yes

Yes

Pedestrian Amenity

Permeability Active street

frontages and address

Awnings Vehicle footpath

crossings Building exteriors

The proposal maintains the site links and walk ways between the bus/rail interchange and Oxford Street Mall

The shops maintain an active street frontage addressing the ramp and street.

The shops propose awnings to provide weather protection.

N/A Given the building

proposed is temporary in nature, it is to be finished with an alucobond frontage, mostly glazed to promote an active street frontage and colorbond roofing. It is considered that this is acceptable given it is a temporary. The proposed temporary shops will provide an enhancement to the existing aesthetics of the side of the existing buildings which have been affected by graffiti and is not aesthetically

Yes

Yes

Yes

N/A

Yes

8

COMPLIANCE CHECK


Courtyards and

squares

unpleasing for the town centre.

N/A

N/A

Access, Parking & Servicing

Vehicular driveways and manoeuvring areas

Site facilities and services.

Access to the laneway to the rear of the site Grosvenor Lane remains.

The proposal provides for adequate site facilities and standard conditions of consent are recommended regarding waste storage and mechanical plant, sumps etc.

Yes

Yes

Controls for Special Areas

Rowe Street site See discussion below Yes

The Controls for Special Areas applies to the site. The objectives of the controls specifically state the following; “On the Rowe Street site, a major new link is to be created between Oxford Street Mall and the railway interchange. This connection should consist of a staircase, lift and escalator. This link will encourage greater pedestrian traffic on the Mall, improving the desirability of retail floor space in Bondi Junction Centre”. In addition it is envisaged that future development of this site would provide a Town Square between the site and the Bronka Arcade on the southern side of the Oxford Street mall, directly opposite the site. The proposal does not provide for a staircase, lift and escalator, however does not contravene the remaining design controls. Despite this, the controls are aimed at future major re-development site and the current scheme is proposed as a temporary structure, and will be conditioned accordingly. This will ensure that the any future permanent development respects desired outcome for the Town Square.

2.1.4 Other Matters Streetscape The proposed temporary shops will provide an enhancement to the existing aesthetics of the side of the existing buildings which have been affected by graffiti and is not aesthetically unpleasing for the town centre. Privacy It is considered that the proposal will impact on the privacy of residential development within the vicinity.

9

Safety and security It is considered that the proposal increases passive surveillance around the rail station interchange.

3 REFERRALS

3.2 Internal Bondi Junction Centre Manager The Bondi Junction Centre manager raised concerns regarding the future plans for the Bondi Town Centre plans, however the proposal is for a 5-10 year temporary period and therefore is not considered to impact the future long term desired character of the centre. Concerns were also raised regarding the impact on access to the facilities under the ramp and access to public toilet facilities in the station; however access remains along the western side of the ramp to the storage area under the Rowe Street Ramp and ramp access to the bus/rail interchange toilet facilities remains. The issue of outdoor seating was raised and problems associated with Pigeons, however this has not been applied for and is not considered to be appropriate given that the ramp is a thoroughfare between the Oxford Street Mall and Tiffany Plaza and the bus/rail interchange Strategic Land Use The proposal is described in the SEE as being or a temporary nature pending future redevelopment of the Rowe Street site. I can confirm that discursions are ongoing between Council and the owners for the site as well as other key stakeholders regarding the redevelopment of the Bondi Junction Town Square which includes this site as well as other key sites within the vicinity. Given these circumstances, this proposal will not undermine the intended outcomes of the controls that apply to the subject and adjoining sites for the future development of the Bondi Junction Town Square. Environmental Issues The proposal is satisfactory to the Environmental Health Section subject to conditions of consent and separate development applications being submitted for the use and fitout of any future regulatory premises. Waste Management The Site Waste Management Plan supplied meets the requirements of Council with regards to the number and capacity of MGB’s (Mobile Garbage Bins) required. The Site Waste Management Plan refers to plans as to where the waste and recycling storage area is situated. These plans do not show a connection to sewer and it is unclear how easy access is to the waste storage areas. Access to the waste storage area for 424 Oxford St appears to be via 422 Oxford St for all but one shop. This not desirable as they have to exit into the lane and then re-enter the basement area underneath. This matter can be addressed via condition, amongst others, if the application is supported.

Vehicular Access Conditions of consent have been recommended regarding access to and the impact on Rowe Street and Ramp which accesses Tiffany Plaza.

10

Stormwater Council’s Senior Assessment Acting Senior Design Team Leader from the Technical Services Department has noted that the OSD is not required for this development. Building Code of Australia Compliance Reports assessing the proposal against the Building Code of Australia were submitted in association with the application. Council’s Fire Safety Officer reviewed the documents prepared by Building Code Assistance, Peter Dix dated 7 June 2011 and provided the following comments; There are two reports, one for 422 Oxford Street and the other for 424 Oxford Street. The 422 Oxford Street report identifies a few non compliances with the BCA. Exit travel distances from the rear store and the sanitary facilities exceed the maximum exit level distance to Oxford Street, the report states that a review of these are to be undertaken or an alternative solution is to be submitted with the construction certificate. I do not envisage this to effect the determination of the DA. A condition will be included to comply with the report which will see either an alternate exit door installed or and alternative solution submitted. The 424 Oxford Street does not identify any non compliance with the BCA, however there is an issue in relation to the lack of sanitary facilities. This is to be further investigated by Health or Planning. Otherwise a condition is to be included in the DA for compliance with the report. Should the application be approved conditions are recommended. Land information Officer The redevelopment of the property has lead to the following allocation of street numbers:

No. 420 for the building; Nos. 1-2 for the shops within the building correlating with Nos. 1-2 on the floor plans for

the building. No. 424 for the building; Nos. 1-6 for the shops within the building correlating with Nos. 3-8 on the floor plans for

the building The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. The street number is to be positioned on the site prior to the issue of the Occupation Certificate Any variation to the above street numbering requires a new application to be lodged with Council. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. It is considered that the proposal satisfies Section 79C(1)(b) of the Act. Section 79C(1)(c) - The suitability of the site for the development. It is considered that the proposal satisfies Section 79C(1)(c) of the Act.

11

4. PUBLIC SUBMISSIONS

The application was notified and advertised with a site notice for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertising and Notification. During this time, one submission was received from Railcorp. The submission however was a ‘non-objection’ recommending conditions of consent. A summary of the comments are below. Noise Railcorp is concerned that the future occupants of the development will encounter rail-related noise and vibration from the adjacent rail corridor. Rail noise and vibration can seriously affect residential amenity and comfort, jeopardise the structural safety of buildings, and thus should be addressed early in the development process. It is requested that Council impose a condition to be addressed prior to the issue of a construction certificate that being;

An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Road – Interim Guidelines”. Station Accessibility Railcorp also provided a condition of consent to ensure that the ramp width is not reduced to effect access to Bondi Junction station; “The erection of retail shops and any associated seating must not result in any reduction to the current ramp width that provides access to Bondi Junction Station, including during emergency works. It is suggested that the ramp to any height be consistent with the opening with access to Tiffany Plaza.” Comment – The use is not for residential purposes and is a temporary one. There are numerous similar commercial uses operating in the vicinity of the site and an acoustic assessment is not considered warranted. Section 79C(1)(e) - The public interest. It is considered that the proposal is not against the public interest.

5. DEVELOPMENT AND BUIDING UNIT REVIEW

The subject sites are identified in the Bondi Junction LEP as crucial to the new Town Square redevelopment and for improved pedestrian connection into Bondi Junction rail station. Nevertheless, these long term planning objectives rely on many stakeholders and the overall commercial viability of the redevelopment. The only planning objection to these shops is that this development may prejudice these longer term planning objectives. Isolated from the long-term objectives for this site, the development has much merit. It activates a pedestrian route and beautifies the back of these sites, that current is unsightly when viewed from the Rowe Street pedestrian link. On balance, the DBU are of the view that refusal of this application would not promote the longer-term planning objectives for these sites. Indeed, these long-term objectives are complex and a 5-10 year planning timeframe is not unreasonable and in the meantime it is

12

worthwhile having the short-term urban design benefits that theses shops provide. In this respect, a five (5) year consent is recommended. A concern is raised with the semi-circular awning to the shop on the east side of Rowe Street, in as much as it provides for a patchy weatherproof path on the walkway. Rectangular awnings that provide a continuous weather proof travel path are recommended. The application is recommended for consent subject to conditions of consent.

6. RECOMMENDATION 7.

That development application No. 281/2011 at 420 and 424 Oxford Street for the construction of 7 temporary shops and use as general retail premises facing Rowe Street be approved by the Council subject be approved subject to the following conditions;-

A. APPROVED DEVELOPMENT

1. CONSENT DURATION This consent will lapse 5 YEARS from the date of the issue of an OCCUPATION CERTIFICATE. Should it be intended to continue the approved development beyond the nominated date it will be necessary for the applicant/developer to lodge a Section 96 application prior to the expiration of the approved period.

2. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos , Project No. 11-002, A101, A102, A103, A104, A201, A202, A301,

A302, dated 7 June 2011, prepared by MGA Architects , tables and documentation prepared by MG Planning dated June 2011 and received by Council on date 17 June 2011.

(b) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2010. Except where amended by the following conditions of consent.

3. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The awnings to the eastern shops are to be modified to rectangular awnings that provide

a continuous weather proof travel path. (b) Additional details of restoration works to the Oxford Mall street elevations including colour

finishes and details of replacement window joinery should be provided to Council. (c) The site plan shall be amended demonstrating access for all tenancies to the common

waste storage area at the rear of 424 accessed from Grosvenor Lane. The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

13

4. ROLLER SHUTTERS

The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes.

5. OUTDOOR SEATING This approval relates strictly to the installation of seats within the confines of the shop premises with no seats to be placed external of the building. Any proposal to utilise an area external of the building for dining will be subject to a separate development application to Council and if approved will require a lease agreement to be entered into with Council.

6. INTRUDER ALARM

Intruder alarm/s associated with the development must operate only in accordance with the requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2000 under the Protection of the Environment Operations Act, 1997.

7. NO FLASHING SIGNS The use of flashing lights, flashing illuminated signs and the like is prohibited.

8. LOCATION OF SIGNS No advertising signs or notices are to be affixed to the windows of the premises.

9. ERECTION OF SIGNS The following signage is approved for each shop in accordance with Part E2 of Council’s Development Control Plan:- (a) One (1) under awning sign. (b) One (1) hamper sign, and (c) One (1) applied fascia sign and or if an awning is provided. Any other signage is to be subject to development consent of Council.

10. NO SIGNS OR GOODS ON PUBLIC AREA Portable signs or goods for sale or display must not be placed on the footway or other public areas, without the prior approval of Council.

11. NOISE EMISSIONS The use of the premises shall not give rise to: (a) Transmission of "Offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy; (b) A sound pressure level at any affected premises that exceeds the background (LA90)

noise level in the absence of the noise under consideration by more than 5dB(A). The source noise level shall be assessed as an LA10, 15min and adjusted in accordance with

14

the Department of Environment and Climate Changes and Water's (DECCW) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

(c) A sound pressure level at any affected premises that exceeds the DECCW recommended

planning levels outlined in the DECCW Environmental Noise Control Manual; or (d) A sound pressure level at any affected premises that exceeds the DECCW recommended

maximum noise level as modified to account for the existing level of stationary noise at the receiver premises.

12. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15

minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the licensed premises. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant

associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(e) A Certificate is to be submitted at the completion of all work and prior to the issue of an

Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

13. REFRIGERATION UNITS & MECHANICAL PLANT

All refrigeration motors/units or other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any future refrigeration motors/units or other mechanical plant associated with any future use of the building. Details of the refrigeration units and mechanical plant along with the means of acoustically treating the plant room are to be provided with any development application for the use of the premises.

14. KITCHEN EXHAUST SYSTEM FOR FOOD PREMISES

This approval does not permit cooking to be undertaken on the premises. Any proposal to utilise cooking equipment/appliances will be subject to a separate development application to Council and if approved will require an air handling system designed in accordance with AS 1668.1-1998 and AS 1668.2-1991 or alternative solution satisfying the performance objectives of the Building Code of Australia.

15. LOCATION OF GREASE TRAP

The grease trap is not to be located in areas where food, equipment or packaging materials are handled or stored in accordance with the requirements of AS 4674-2004 "Design, Construction and Fitout of food premises".

15

16. EMISSIONS No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

17. STATION ACCESSIBILTY The erection of retail shops and any associated seating must not result in any reduction to the current ramp width that provides access to Bondi Junction Station, including during emergency works. It is suggested that the ramp to any height be consistent with the opening with access to Tiffany Plaza.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

18. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more:

"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/ (b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy

has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the

Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

16

19. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $ 50,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

20. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

21. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act,1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of

appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & the Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue

of a Construction Certificate and to be the Principle Certifying Authority. 22. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia for a building of Type B construction. Details demonstrating compliance with the Building Code of Australia are to be included in the plans prior to the issue of a Construction Certificate.

23. BUILDING CODE OF AUSTRALIA COMPLIANCE - 422 OXFORD STREET, BONDI JUNCTION

Fire Safety Upgrade works at 422 Oxford Street, Bondi Junction are to be undertaken in accordance with the Building Code of Australia Assessment Report prepared by Building Code Assistance dated 7 June 2011. Details of compliance are to be included in the Construction Certificate plans prior to the Construction Certificate being issued.

17

24. BUILDING CODE OF AUSTRALIA COMPLIANCE – 424 OXFORD STREET, BONDI

JUNCTION

Fire Safety Upgrade works at 424 Oxford Street, Bondi Junction are to be undertaken in accordance with the Building Code of Australia Assessment Report prepared by Building Code Assistance dated 7 June 2011. Details of compliance are to be included in the Construction Certificate plans prior to the Construction Certificate being issued.

25. SERVICE AUTHORITIES The applicant is to seek approval from Telstra regarding any possible modification to the

service authorities infrastructure prior to the issue of a Construction Certificate. 26. HOARDING REQUIRED

A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

27. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2010 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

28. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

29. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2010 - Part G4 prior to the issue of a Construction Certificate.

18

30. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY

A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions. In addition, certification is required from suitably qualified structural engineer, certifying the kerb on the both sides of the ramp can be cut to provide access to the shops without reducing the structural integrity of the ramp slab. The above is to be provided and considered satisfactory by Council prior to the issue of a Construction Certificate.

31. ACCESS The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1-2001 Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

32. EXTERNAL FINISHES A schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

33. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

34. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

35. TRADE WASTE The applicant is to confer with Sydney Water and enter into, where applicable, a 'Trade Service Agreement' with the Authority pursuant to the Trade Waste Policy. Details of the Authority's requirements are to be submitted to and approved by Council or an Accredited Certifier prior to the issue of the Construction Certificate. Trade wastewater is defined as "trade waste and any liquid, and any substance contained in it, which may be produced at the premises".

19

36. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, excavation, remediation or construction on the site.

The CVPPM shall provide details of the following:

(a) The proposed route to be taken by demolition/construction vehicles in the Waverley

Council area when accessing and exiting the site. (b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi

trailers may not be approved for use if it is considered with the information submitted that such vehicles cannot adequately and safely gain access to and from the site or where access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval for demolition/construction vehicles to stand on the roadway in the vicinity of the site.

(d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site, will interfere with the free flow of traffic.

(e) The location and materials of construction of temporary driveways providing access into and out of the site.

(f) The location and length of any proposed Works/Construction Zones. Note: such zones require the approval of the Waverley Traffic Committee and Council prior to installation.

(g) The hours of operation of demolition/construction vehicles. (h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. (i) How it is proposed to cater for the safe passage of pedestrians past the site. The details

shall include: the route required to be taken by pedestrians including signage and any other

control measures that will need to be put in place to direct and keep pedestrians on the required route;

any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians;

the type(s) of material on which pedestrians will be required to walk; the width of the pathway on the route; the location and type of proposed hoardings; the location of existing street lighting.

37. RAMP

The proposed entry ramp to shop 3 & 4 is considered to be steep. Prior to the issue of the Construction Certificate, details shall be submitted regarding how it is proposed to provide satisfactory transition from the existing ramp on Council’s footpath area to the shops.

38. GLASS BALUSTRADE

The posts supporting the glass balustrade shall be cut to a depth of 50 mm below the existing top of kerb and the resultant hole is to be filled up with cement mortar to Council’s satisfaction.

20

39. STREET LIGHTING

New street lighting is to be installed in accordance with current standard. Prior to construction work commencing, details of the new street lighting shall be submitted to Council. A lighting plan prepared by suitably qualified & experienced lighting consultant shall be submitted for approval.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

40. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

41. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

42. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the

proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided. (d) Ramp is not be used at any time for construction of the development.

43. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

21

44. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

45. DILAPIDATION REPORT A dilapidation report prepared by a practising Structural Engineer shall be submitted to the

Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties.

46. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

47. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

48. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

22

49. SOIL AND WATER MANAGEMENT SIGN

Throughout the construction/remediation/demolition period, Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. A copy of the sign is available from Council.

50. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

51. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

52. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

53. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

54. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental

Operations (Noise Control) Regulation 2000. 55. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

23

56. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

57. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

58. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) prior to installation of fire resisting construction systems (i.e. fire rated ceilings and walls);

and Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

59. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper

24

floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

60. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

61. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

62. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

63. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

64. GENERAL SANITARY FACILITIES

Sanitary facilities shall be provided to the premises in accordance with the requirements of the Building Code of Australia.

65. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

66. MECHANICAL VENTILATION SYSTEMS

(a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards.

(b) Any proposed mechanical ventilation system shall comply with the Australian Standard

AS 1668 - 1991 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include:

(i) inspection, testing and commissioning details;

(ii) date of inspection, testing and commissioning details;

(iii) the name and address of the individual who carried out the test; and

25

(iv) a statement that the service has been designed, installed and is capable of operating to the above standard.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

67. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

68. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.


70. MICROBIAL CONTROL (a) Any cooling towers and warm water systems must be operated and maintained in

accordance with AS 3666, the Public Health Act, 1991 and Public Health (Microbial Control) Regulation 2000.

(b) A true copy of the annual certificate as stipulated in clause 9(2) of the Public Health

(Microbial) Regulation 2000 which certifies the effectiveness of the process of disinfection used for the water cooling tower, must be submitted to Council prior to the period ending 30 June each year.

(c) Prior to commencement of the use the owner of the premises must apply to council for the

registration of water cooling systems installed on the premises in accordance with the Public Health (Microbial Control) Regulation 2000.

26

71. WASTE STORAGE

The following requirements apply to waste management: (a) A waste management plan must be submitted to Council to include all waste removal

arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) The applicant must provide 2 x 660L MGB for garbage and 5 X 240 L MGB for recycling

for 422 Oxford St. The applicant must provide 2 x 660L MGB for garbage and 3 X 240 L MGB for recycling for 424 Oxford St.

(c) Provide a separate waste storage area suitably covered, bunded and drained to the

sewer. The waste storage receptacles must be maintained in good order and repair at all times.

(d) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning

products. (e) Provide a separate storage area for used and unused cooking oils suitably covered,

bunded and drained to the sewer. (f) Provide dry basket arresters to the floor wastes in the food preparation and waste storage

areas. (g) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A

copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water.

(h) The waste and recycling storage areas must be able to accommodate all bins, with all

bins simultaneously accessible. (i) The applicant must ensure that the waste and recycling storage areas are configured so

that the waste bins are located nearest the entrance, with the recycling bins set further back to reduce contamination. Clear signage featuring both words and pictures of recyclable/non recyclable items must also be installed in the waste and recycling storage areas. The applicant can contact Council’s Environmental Services Division on 9369 8045 for assistance, including free resources.

72. ALLOCATION OF STREET NUMBER

The redevelopment of the property has lead to the following allocation of street numbers:

No. 420 for the building; Nos. 1-2 for the shops within the building correlating with Nos. 1-2 on the floor plans for

the building. No. 424 for the building; Nos. 1-6 for the shops within the building correlating with Nos. 3-8 on the floor plans for

the building

27

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. The street number is to be positioned on the site prior to the issue of the Occupation Certificate. Any variation to the above street numbering requires a new application to be lodged with Council. J:\HOME\PES\reports\South Team\Philip Bull\DCC2011\November\420Oxford.doc

28

144 St James Road, Bondi Junction – Removal of tree (DA-253/2011) Report dated 10 November 2011 from the Development and Building Unit. Recommendation: That the application be refused. Referred to the DCC by the DBU due to the size and location of the tree.

Development Assessment Report Of Dwelling

Development Application No.

253/2011

Address

144 St James Road, Bondi Junction

Lodgement Date

30 May, 2011

Proposal

Removal of significant tree within a heritage conservation area

Zoning and relevant controls Residential R3 Owner Oolie Pty Ltd Applicant Oolie Pty Ltd Building Classification Class 1(a) Submissions 1 submission in support Issues

Landscape/ streetscape, amenity, impacts on property

Recommendation Refusal

Site Map

38

PREAMBLE

1.1 The Site and its Locality The site is located on the eastern side of St James Road. The site contains a 2 storey dwelling with a large Eucalyptus (Gum) tree within the front yard.

1.2 Background No relevant history.

1.3 Proposal Description The proposal involves removal of the Eucalyptus tree from the front yard.

2. ASSESSMENT The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 Waverley Local Environmental Plan 2010 (Bondi Junction) The site is zoned R3 under Council’s Bondi Junction LEP. This site is not listed as a heritage item, but is located within a conservation area (Woodstock). The subject tree is located on private property, but is considered to contribute to the streetscape and conservation area as a whole. The tree is visible from private and public land including surrounding streets. Clause 49 of the LEP requires that Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage conservation area and on its setting. The application has been assessed having regard to this provision of the LEP and is not considered acceptable. The tree is visible from surrounding streets and is a very prominent feature within St James Road and at the front of the subject site. The tree contributes to the landscape of the street as well as the Conservation Area as a whole.

2.1.2 Waverley Development Control Plan 2010 Streetscape The proposed removal of the tree will result in the loss of a significant tree that provides contributes to the landscaped character of the street, locality, and conservation area. Privacy The proposed removal of the tree is not considered likely to adversely impact on the privacy of the subject site or surrounding properties. ESD Due to the large nature of the tree, the canopy is located well above the surrounding dwellings, and disperses shadow over a large area. The removal of the tree is not considered likely to result in a significant increase in solar access to the subject site or immediate properties.

39

Safety and security The existing tree is a very healthy and stable tree and not considered likely to pose a safety or security issues to the subject site, surrounding properties, or general public, as discussed in Section 3.2 of this report.

3 REFERRALS

Tree Management Officer Council's Tree Management Officer has visually assessed the tree and reviewed the relevant documentation. The TMO concluded that the tree was in good health with no major structural defects and should be retained. The following comments were received: It is considered that this tree is a significant sized tree in the area that is noticeable from many vantage points in the local area. It is a dominant feature of the streetscape when travelling south down St James Rd, It is clearly visible as you travel along Birrell St and it extends to a height well above the existing residences. The tree provides environmental and habitat benefits and considering that at the time of this report the tree is in good health with no visible sign of decay or previous limb failures there seem little or no evidence to warrant the removal of this tree. A review of the supporting documentation for the proposed removal of this tree suggests that there is insufficient evidence presented to grant approval for the removal of the tree.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. No objections were received and 1 submission in support was received. The issues raised in the submission of support are summarised and discussed below.

Property Location Summary of Support

136 St James Rd To the north Life Hazard – objector was almost ‘killed or severely injured’ by the tree

Danger to residential property, home and contents – blocked gutters

Danger to water mains

Damage to foundation structure of property

Issue: Life Hazard Comment – Waverley Council LGA contains many trees within parks/ public land and on private property, that are of a similar size to the subject tree. Assessment by 3 experts indicates that the tree is generally in good health and no visible dangerous branches were noted. Regular expert assessment would minimise the likelihood of injury or damage from falling branches. There was no evidence that the tree was unstable.

Issue: Danger to residential property, home and contents, and blocked gutters Comment – See comment above. There have been no reported cases of damage to surrounding homes and contents by the subject tree.

40

Issue: Blocked gutters Comment –This is not considered a strong enough reason to remove trees or for the removal of the subject tree. Issue: Danger to water mains Comment – There is no evidence that this tree has caused damage water mains Issue: Damage to foundation structure of property Comment – There is no evidence to suggest that the subject tree is the direct cause of cracking to walls of the property. Footpath damage has been minor and is rectified.

5. DEVELOPMENT AND BUILDING UNIT ASSESSMENT: The DBU inspected the site and reviewed various submissions, reports and documentation in respect to this application. This includes:-

Structural report prepared by Law & Dawson Consulting Engineers Arborist Assessment prepared by Botanics, Tree Wise People Pty Ltd Heritage Impact Statement (This statement was unsigned and provided no details of

the author) Submission from the owner of 136 St James Road Referral comments from Council’s Heritage Architect & Urban Design Advisor Referral comments from Council’s Tree Management Officer Independent Arborist Report (commissioned by Waverley Council) prepared by

Arboreport Consultants. It is clear on any viewing that the tree forms a significant part of the streetscape and is observable from many parts of the surrounding area. It also has a high level of visibility and contributes positively to the landscape of St James Road. Various experts have concluded that the tree is generally in good health and is structurally sound with no visible signs of decay. It is approximately 22m in height and is estimated to be around 50 years old. Arborists: An independent arborist was commissioned by Council to provide independent advice in relation to the proposal to remove the tree. This decision was taken due to the conflicting opinions between the applicant’s arborist (who supports the removal of the tree) and Council’s Tree Management Officer, (who supports retention of the tree). It was also obtained because members of the DBU do not have arboricultural expertise and having regard to the matters raised concerning possible danger to the public from falling branches. The applicant's arborist recommended that the tree be removed due to potential structural impacts on the dwelling (and negative impacts of any root pruning); branch development over the roof line and towards power lines; and limited planting opportunities in the front yard as a result of the size of the tree. Council's Tree Management Officer was of the view that the tree was in "good health with no major structural defects" and supports retention. The independent arborist inspected the tree and surrounds and concluded that: "The tree is highly significant, in good health, and suitable for retention." Engineer: The applicant's structural engineer has identified cracking to the dwelling on the site and previous damage (now repaired) to the footpath. It is noted that the existing dwelling is circa early 1900's and has sandstone footings with a sand foundation material. These older buildings without structurally reinforced footings can be susceptible to subsidence which can

41

result in the development of wall cracks. Whilst the roots of the tree may have caused or contributed to this cracking, there does not seem to be any conclusive evidence that this is the case. There are engineering solutions to stabilise the walls (such as underpinning the footings) and this may be necessary regardless of whether the tree is removed. In this regard the DBU did not think that this issue was sufficient reason to approve of its removal. Submission: A nearby owner (number 136 St James Road) has submitted that the tree is a danger to the public and property. Whilst branch drop may have occurred during the tree's life, expert reports do not support this position and regular inspection and carrying out of required pruning/lopping of dead and dangerous branches would mitigate this potential. Location: The DBU noted that the tree was located in a small front yard area and agree that the species of tree may not have originally been the most appropriate to plant in such a relatively small yard area, however there are many other examples of this in Waverley and Council's various policies do not cite this as an acceptable reason to remove an otherwise good specimen. The DBU also noted that a large occupied birds nest was evident in the upper branches of the tree although the species of bird was not known. Having considered the contents of the various reports and submissions, the majority opinion of the DBU was that the application should be refused and the tree retained.

6. RECOMMENDATION That Development Application DA-253/2011 for the removal of a tree within the front yard at 144 St James Rd Bondi Junction be REFUSED for the following reasons:

1. The tree is a prominent feature of the street and locality and removal will adversely impact on the visual amenity of the public domain.

2. The subject tree is a healthy specimen and does not show signs of instability or

disease.

3. There is no evidence to support the removal of the tree on the basis that it is causing or likely to cause significant structural damage to the dwelling or other structures.

4. There is no evidence to support the removal of the tree on the basis that it is

unstable or dangerous or likely to cause injury or damage to the general public or property.

5. The removal of the tree is not in the Public Interest.

Should Council approve the application the following conditions would apply: 1. A replacement tree is to be provided within the front yard area. The replacement tree is to be a local native and is to be of a size and maturity to the satisfaction of Council's Tree Management Officer. 2. Standard conditions imposed by Council's Tree Management Officer

42

350 Birrell Street, Bondi – New Driveway crossing and construction of a single hardstand car space in front of the existing semi-detached dwelling (DA-385/2011) Report dated 10 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to DCC on the request of Cn Cancian and seconded Cn Kanak for concerns with parking.

Development Assessment Report Of Dwelling Development Application No. DA-385/2011 Address 350 Birrell St, Bondi Lodgement Date 20 September 2011 (amended) Proposal New Driveway crossing and construction of a single

hardstand car space in front of the existing semi-detached dwelling including a new front boundary fence


Waverley Local Environmental Plan 1996 2(a) Residential – Low Density Waverley Development Control Plan 2010 D1 Dwelling House and Dual Occupancy Development I1 Land Use and Transport

Owner / Applicant Ms B Vosoba Submissions One (1) objection & two (2) submissions of support Issues

Undersized Car Space, Loss of Kerbside Parking, Non-Compliance Policy (front setback and demolition of front façade).

Recommendation Approval subject to conditions

Site Map

44

1. PREAMBLE

1.1 The Site and its Locality

The site is located on the northern side of Birrell Street being just west of the Tamarama and Birrell Street intersection. The site has a regular shape with a frontage of 7.0m with an area of 295.3m². The land is orientated north-south.

Surrounding development is typically semi-detached and free standing dwellings of one and two storeys. The site is not listed as an item of heritage significance, is not within a heritage conservation area and is not located within a residential character study area.

1.2 Development Application History The following development applications have been determined; DA-168/08 – Internal alterations to existing semi-detached dwelling– Approved 10 April 2008. DA-205/08 – Alterations and additions to existing semi-detached dwelling including first floor addition – Approved 17 September 2008. DA-327/08 – An alteration to increase the size of the aluminium framed glazed sliding door at the first floor level – Approved 8 July 2008. Car Parking Consent DA-555/09 – Provision of hardstand car space & new front fence to semi – Refused 16 December 2009 for the following reasons; 1. The proposal would result in an undesirable loss of on-street parking capacity within

Birrell Street, Bondi for the exclusive benefit of one property. 2. The proposed development is contrary to the Waverley Development Control Plan

1996, in respect to the following provisions of the DCP:

(a) The objectives of Part D1, Part 5.7 relating to Vehicular Access and Parking, in particular the proposal does not satisfy objective (a) in that it unreasonably detracts from the appearance and quality of the dwelling house;

(b) The objectives of Part D1, Part 5.7 relating to Vehicular Access and Parking, in

particular the proposal does not satisfy objective (b) in that it does not maximise pedestrian and vehicular safety;

(c) The objectives of Part D1, Part 5.7 relating to Vehicular Access and Parking, in

particular the proposal does not satisfy objective (c) in that the proposal results in the loss of on-street parking capacity;

(d) The objectives of Part D1, Part 5.7 relating to Vehicular Access and Parking, in

particular the proposal does not satisfy this section of the DCP in that where the proposal does not satisfy the objectives above, a zero parking requirement should be imposed;

45

(e) The controls of Part D1, Part 5.7 relating to Vehicular Access and Parking, in

particular the proposal does not comply with control 5.7.3 in that the car space is located forward of the building line;

(f) The controls of Part D1, Part 5.7 relating to Vehicular Access and Parking, in

particular the proposal does not comply with control 5.7.4 in that the car space does not provide the minimum length required;

(g) The controls of Part I1, Part 5.1 relating to Design Considerations, in particular

the proposal results in the loss of on-street parking capacity;

(h) The controls of Part I1, Part 5.2 relating to Design of Parking and Access, in that the car space is located forward of the building line;

3. The proposal will result in further concreting of Council land.

1.3 Proposal Description The proposal provides for alterations to the front façade of the dwelling so as to partially accommodate a single hardstand car space within the front yard area which includes the construction of a new vehicle crossing. The existing 2m masonry fence on the front boundary will be replaced with a 1.8m high timber slatted fence incorporating a vehicular and pedestrian entry gates.



2.1.1 Waverley Local Environmental Plan 1996 The site is zoned Residential 2(a) under Waverley LEP 1996. The proposal is considered to be consistent with the relevant specific aims under Council’s LEP. The proposal is considered to be contextually consistent with the relevant zone objectives for the Residential 2(a) zone (discussed in detail later this report). The site is not listed as a heritage item under the LEP nor contained within a Heritage Conservation Area. The application has been assessed having regard to the relevant provisions of the LEP and is considered to be acceptable for the reasons discussed.

46

2.1.2 Waverley Development Control Plan 2010

Part D1 – Dwelling House & Dual Occupancy Development Part I1 – Land Use and Transport

WAVERLEY DCP 2010 - COMPLIANCE CHECK Control

Standard

Proposed

Compliance

Vehicular Access and Parking

1 Max. Spaces Dimensions

(5.5 m 2.5m) Behind building

setback Demolition front

facade

1 5.34m x 2.5m In front of building

setback Loss verandah

Yes No No No

Landscaping 50% of front lands. 50% of front lands.

as soft

>50% of front lands >50% of front lands

soft

Yes Yes

Non-compliances with the DCP are discussed below: Vehicular Access and Parking Part I1 – Land Use and Transport of Councils DCP requires all car accommodation to be located behind the front building line and that no part of the building be demolished primarily to provide car parking except where topography or appropriate building design allows. Part D1 – Dwelling House and Dual Occupancy Development stipulates that off-street parking is provided at the maximum rate of two (2) spaces for a dwelling-house containing four bedrooms or more. However, the control also indicates that the design and size of off-street car-parking facilities should not unreasonably detract from the appearance and quality of the dwelling-house or streetscape. The DCP also states that where an allotment has no existing off-street parking and off-street parking is not characteristic of the streetscape, vehicular access from the street is not permitted. There is a pair of semi detached premises at 342 & 344 Birrell Street that contain car parking in the front yard however these approvals (DA 300/1998 & 301/1998) were granted approval prior to the adoption of Council’s current controls, which were specifically introduced to halt this type of development. Land & Environment Court Appeal 10059 of 2010 for 348 Birrell Street, Waverley. Since the refusal of the previous development application for 350 Birrell St (DA-555/09 – Provision of hardstand car space and new front fence to semi – Refused 16 December 2009) the neighbouring property to the west at 348 Birrell St, DA-513/2009 for a hardstand in the front yard was subject to an appeal to Council’s refusal of the development application. Appeal 10059 of 2010 was upheld.

47

Council expressed concern that the proposal would result in an undesirable loss of on-street parking capacity within Birrell St for the exclusive benefit of one property and raised concerns about reversing out of the site. However, Acting Commissioner of the Court, Mr Michael Whelan, agreed with the applicant’s traffic expert who demonstrated that the modification of the front fence to a gate, with open slats, would allow the driver to have a view to the footpath and road thus providing for pedestrian and vehicular safety. Further, the Acting Commissioner found that the loss of on-street parking spaces did not warrant refusal. In this case the proposal is likely to have an on-street parking loss of at least one and possibly two spaces. (See above photos in this report) A site visit was conducted and a broader analysis of the streetscape was completed to assess the streetscapes compliance with Council’s Vehicular Access and Parking controls, the results of the streetscape analysis are detailed in the following table. The subject site is situated on the northern side of Birrell Street which is comprised of semi-detached dwellings and this is the portion of Birrell St between Tasman and Tamarama Streets that the assessment is based on.

Street Number

Driveway Crossing Provided Yes/No

Type of Parking- Hardstand,

Carport or Garage

In Front of Building Line Behind Front Building Line Incorporated Into Building

Design

DCP Vehicular

Access and Parking Control -

Compliance Yes/No

East side

330 Birrell St Yes garage Behind Front Building Line Yes

332 Birrell St No nil





342 Birrell St Yes Carport Incorporated into Building Design

No

344 Birrell St Yes Carport Incorporated into Building Design

No


348 Birrell St Yes Hardstand In Front of Building Line

(Appeal 10059 of 2010)

No

350 Birrell St No Hardstand

(proposed)

In Front of Building Line

(proposed)

No

352 Birrell St Yes garage Access from Tamarama St Yes

48

3 REFERRALS

3.1 Internal

Technical Services (Vehicular Access/Circulation) The original application was internally referred to Council’s Technical Services for comments regarding Vehicular Access/Circulation for the proposal, the Manager of Traffic and Development typically provides the following comments in respect to this type of development:- The amended plans for the above development have been examined and the plans are considered satisfactory subject to the imposition of the following conditions:

Note

This memo is based on the assessment of the amended plans prepared by Yvonne Haber Architect Dwg No DA01 Rev D.

SPECIAL CONDITION

The driveway including the wing shall be located so that there is a clear on-street parking length of at least 5.0 m on the eastern side of the proposed driveway.

Planning Comment – On inspection this condition is will not maintain one (1) viable car space to the east of the proposed crossing as there is No Parking zone before the corner and moving the car space to the east will further degarade the dwelling’s veranda. This crossing will lead to the loss of kerbside parking to the east of the site on Birrell Street the imposition of this condition is not constructive. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal would be unlikely to result in neither significant adverse impacts on the natural environment nor any social or economic impacts on the locality. The likely impacts of the development have been assessed in further detail elsewhere in this report. Section 79C(1)(c) - The suitability of the site for the development. The proposal is for a car space for an existing dwelling which is a suitable type of development in a residential zone. The proposal is not out of character with surrounding development. Therefore, the application satisfies this section of the Act having regard to the above analysis.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. Three submissions were received, comprising of two in support and one objection.

49

The issues raised in the submissions are summarised and discussed below.

Property Location Summary of Objections

348 Birrell St west Supports the application

352 Birrell St east Supports the application

348 Birrell St west Will create one private off street parking space at the expense of much needed on street parking spaces

Undersized car space leading to possible overhang of footpath. Increased danger between vehicles and pedestrians

Loss of mature creeping fig on the common boundary

Issue: Loss of on street parking: Will create one private off street parking space at the expense of on street parking spaces

Planning comment: These aspects have been discussed in the report above, whereby the proposal will impact on street parking provisions. This is also confirmed by the applicant’s Traffic Engineer.

Issue: Increased danger between vehicles and pedestrians;

Planning comment: These aspects have been discussed in the report above, where the L & E C has made a finding in respect to this issue. However it is noted that the proposal is undersized and may unreasonably impact on pedestrian and vehicular conflict and raise safety concerns.

Issue: Loss of mature creeping fig on the common side boundary;

Planning comment: No works are proposed on the common boundary between 348 & 350 Birrell St. Section 79C(1)(e) - The public interest. The proposal will not have an unreasonable impact on the adjoining or nearby properties and satisfies this section of the Act.

50

5. DEVELOMENT AND BUILDING UNIT (DBU) REVIEW The DBU gave consideration to the proposal having regard to the relevant matters under Section 79C of the Act. This included the Council’s Development Control Plan, the submissions and the report of the Development Assessment Officer. Within the vicinity of the site there are a number of carports and car parking spaces that have been permitted, some prior to the adoption of more stringent DCP controls restricting off street parking. More recently the LEC judgement of the neighbouring property noted that within the vicinity, the loss of an on street parking space was not a sufficient reason for refusal. With this considered, the proposed hard stand is not considered unsatisfactory, provided that modifications to the front of the dwelling are minimised. In this case, it is recommended that the sandstone piers of the dwelling be maintained to reduce alterations to the primary dwelling, positioning the hard stand further east on the site. This is included as a general modification condition of consent. Given the context, the proposal is not considered to have a detrimental impact on the streetscape.

6. RECOMMENDATION That Development Application No. DA-385/2011 at 350 Birrell St, Waverley for alterations , hardstand car space with associated new front boundary fence be approved by the Development & Building Unit, subject to the following conditions:-


1. APPROVED DEVELOPMENT The development must be in accordance with Plan/Dwg No. DA01 Rev D, dated October 2010, prepared by Yvonne Haber Architect and received by Council on 20 September 2011, except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) No approval is granted for the demolition of the sandstone piers or roof modifications

to the front of the dwelling, which are to be retained. The area of the front verandah to be removed is limited to between the sandstone piers being a maximum width of 2400mm;

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.


3. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $750.00 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

51

This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.


(a) A Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) A Principal Certifying Authority has been appointed and Council has been notified of

the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and


building works. The owner/applicant may make application to Council or an Accredited Certifier for the

issue of a Construction Certificate and to be the Principle Certifying Authority. 5. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.

6. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.




52

8. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.


10. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; (b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

11. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of Work Cover NSW.



53



16. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and

5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.


Operations (Noise Control) Regulation 2000. 17. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER



19. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

54

The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any stormwater drainage connections; and (f) after the building work has been completed and prior to any Occupation Certificate

being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including

beams and columns; and (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and

walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

20. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed hardstand. A separate application is required for the vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway.

21. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete footpath.




55

24. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. J:\HOME\PES\reports\South Team\Philip Bull\DCC2011\November\350Birrell.doc

56

6 Pembroke Street, Bronte – Demolition of existing dwelling and construction of a new two storey dwelling with basement garage and swimming pool (DA 242/2011) Report dated 9 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to the DCC on the request of Cn Sloan and seconded by Cn Clayton for concerns regarding public interest, views and amenity.

Development Assessment Report Of Dwelling

Development Application No. 242/2011 Address 6 Pembroke St, Bronte Lodgement Date 19 May 2011 – Original application

15 September 2011 – Amended Plans Proposal

Demolition of existing dwelling and construction of a new two storey dwelling with basement garage and swimming pool


Waverley Local Environmental Plan 1996 • Zoned Residential 2(a)

Waverley Development Control Plan 2010 * Part D1 – Dwelling House and Dual Occupancy

Development Owner D Brewis Applicant Nicholas Back architects Submissions

Original Plan – Five (5) Amended Plan – Four (4)

Issues Privacy, height, setback, and elevated deck /balcony Recommendation That the application be Approved

Site Map

58

1. PREAMBLE

1.1 The Site and its Locality The site is located on the eastern side of Pembroke Street between the intersections of Macpherson Street and Trafalgar Street. The site has a 10.08m frontage with a length of 33.54m, providing a total site area of 338.10m2. The site has a gradual fall from the front to the rear, where at the eastern end of the property, the ground level drops significantly along a natural escarpment. Existing on the site is a single storey detached 1930s brick Californian bungalow with tiled roof and a metal roofed carport structure within the front setback. The site is not listed as a heritage item and is not within a heritage conservation area. It is however located within a Bronte Beach character study area. The rear of the site is within a draft conservation area, centred on Collingwood Street. Surrounding development to the north and south of the site consist of a mix of new two storey dwellings, single storey dwellings and dwellings that have had first floor additions. The dwellings on the opposite side of Pembroke Street have rear lane access. The properties to the rear face Collingwood Street and are located at the base of an escarpment and are not visible from Pembroke Street. To the south is Waverley Cemetery and slightly further to the east is the ocean.

1.2 Background There are no previous relevant development application files for this property. This application, DA-242/2011, was lodged on 19 May 2011. The proposal included the demolition of the existing structures and the construction of a two storey dwelling with basement garage and swimming pool. The application was deferred on 7 July 2011 in order to address adjacency issues with 8 Pembroke, submission of details of the driveway and pool and DCP non-compliances in regard to height and setback. Amended plans were submitted on 15 September 2011 and these plans were subsequently re-notified to surrounding properties. The plans essentially increased the rear building setback by approximately 600mm to retain existing views enjoyed from the neighbouring properties and provided additional details in regard to driveway gradients, swimming pool, height and setback. This report is an assessment of amended plans lodged 15 September 2011.

1.3 Proposal Description The proposal is to demolish all structures on the site and to construct a new two to three storey dwelling with basement level and swimming pool. The basement level is to consist of a single garage with storage rooms plus garbage areas. The reconfiguration of ground floor interiors includes study, playroom, laundry, bathroom, stair, dining, living and kitchen. The first floor is to comprise three (3) bedrooms, bathrooms and balconies.

59



2.1.1 State/Regional Environmental Planning Policies SEPP Building Sustainability Index (BASIX) 2004 The applicant has submitted a BASIX Certificate that demonstrates compliance with State regulated energy efficiency and water conservation targets.

2.1.2 Waverley Local Environmental Plan 1996 and Draft Waverley Comprehensive Local Environmental Plan 2011 The site is zoned Residential 2(a) under Waverley LEP 1996 and Low Density Residential (R2) under the Draft Waverley LEP 2011. The proposal is for the erection of a new dwelling house, and as such, generally satisfies the Specific Aims and Zone Objectives in both LEPs. The proposal is not expected to give rise to unreasonable environmental impacts, and is generally consistent with the relevant zone objectives as it is considered to maintain and improve the amenity of the locality. The draft Waverley Comprehensive LEP 2011 has been recently exhibited and provides for a change to the floor space ratio control for this site to a maximum of 0.5:1. The amended application has been assessed with a floor area of 231 square metres, a floor space ratio of 0.68:1 to site area. It is to be noted that the proposed FSR is further lowered as a result of the associated standard definition in the Draft LEP 2011, which measure the sum of the floor area from the internal face instead the external wall of the building. The change in definition means an approximate 10% increase in permissible bulk, in as much as the new definition allows for a more flexible and generous consideration of building bulk. The proposed building is at 0.68:1 (under the existing control), it complies and does not prejudice the new one. The site is not listed as a heritage item under the LEP nor contained within a heritage conservation area. The development is in the vicinity of a Heritage Item (L20 - Waverley Cemetery) which is located on Trafalgar Street and to the rear there is a draft conservation centred on Collingwood Street. The significance the adjoining item and conservation area concerns is not considered to be impacted by the proposal.

60

2.1.3 Waverley Development Control Plan 2010, Part D1 – Dwelling House & Dual Occupancy

Development

The Waverley DCP 2010 and draft DCP 2011 contain controls on which the subject site is located. An assessment of the site specific controls from these documents revealed the following:-

COMPLIANCE CHECK Control Standard Proposed Compliance Height • Wall – 7m

• Max – 8.5m • 6m – 6.7m • 8.5m – 9.1m

Yes No

Floor Space Ratio (Site Area 338sqm)

• 0.71:1 (240 sqm) • 0.68:1 (231 sqm) Yes

Setbacks • Side 900 • Front and rear est.

building line

• 900mm • Front – Aligned with

front of No 4 & 8 Pembroke (neighbour)

• Rear – Encroached slightly

Yes Yes No

Elevated external decks

• 10sqm in area • 1.5m depth


Yes No

Vehicular Access and Parking

• No. of spaces • Dimensions (5.5 m × 2.5m) • Behind building

setback

• 0ne (1) • 6.5m x 3.8m • Satisfactory

Yes Yes Yes

Landscaping • 40% of site area • 15% of site as soft • 50% of front lands. • 50% of front lands.

as soft

• 41% • 30% • 65% • 50%

Yes Yes Yes Yes

The proposal generally complies with all the requirements under WDCP 2010 and draft 2011 except for height, rear setback & elevated external deck. These non-compliances are discussed below. Height The development does not comply with the building height control with respect to a maximum roof height of 8.5m under the Waverley DCP. The non-compliance with the maximum height roof control occurs at the very top of the roof ridge towards the front of the property due to the nature of the topography of the site. The encroachment of the ridge is approximately 600mm at the highest point, with the majority of the dwelling and roof being located considerably under the maximum wall and building height. There are a number of dwellings in the area which are two storeys and due to the slope of the land penetrate higher than the maximum 8.5m height plane. The applicant argues that the adjoining properties at Nos. 4 & 8 Pembroke exceed the maximum height plane by 1.57m and 0.72m respectively. As such, it is considered that the variation to the height control on the subject site is not out of character with the surrounding development or the emerging character of the area and will not present as excessively bulky at the front.

61

The height of the house could be further reduced via minimising the height of the ridge, However this will have no material benefit to the neighbouring dwellings in terms of solar access as it is the eave of the house (with a complying wall height of less than 7m) that casts the shadow on the wall of No 8 Pembroke at the winter solstice. Given the above matters, the minor area of non-compliance with the building height limit is considered reasonable and would respond well to the objectives of Council’s DCP. Rear Setback and view loss The existing adjoining buildings prevailing rear setback varies between 11.8m and 12.3m at first floor from the rear boundary. Aerial photographs demonstrate that the adjoining properties along Pembroke Street have a consistent rear setbacks, in order to take advantage of 180 degrees headland, beach and ocean views. The adjoining properties currently enjoyed these views as they are located on top of a natural escarpment and are within close walking distance to the sea. The proposal will have a rear setback that varies slightly to the established rear alignment by 700mm at first floor due to the encroachment of the bay window for bedroom no. 1. In this instance, such variation is considered unacceptable given the non-compliance with the rear setback control under the Waverley DCP and the unreasonable loss of views currently enjoyed from the living areas of No. 4 and 8 Pembroke Street. It is to be noted that the applicant has amended the proposal to increase the rear setback of the building from the original application, in order to bring the first floor comparatively in line with the established rear building line. The amended proposal however does not fully comply with the rear setback control. Whilst it is expected that the neighbouring properties would have a degree of view loss from an anticipated 2 storey dwelling, they should not suffer additional view loss arising from the breach of the rear boundary setback control at the first floor level. Should the application be approved, it is recommended that the proposed bay window for bedroom no. 1 is not approved and shall be either deleted (ie: to be flushed to rear wall of first floor) or the entire first floor be setback further in line with the established rear building alignment of the immediate adjoining properties at No. 4 & 8 Pembroke Street, in order to better address the setback controls under the Waverley DCP 2010 and to maintain the views currently enjoyed by adjoining properties. Elevated external deck The northern side first floor balcony / deck provide a depth of approximately 2.7m, which exceeds Council’s maximum control of 1.5m for the site. Timber louvered privacy screens to the full floor to ceiling height have been proposed to the northern side of the bedroom terrace at first floor in order to address overlooking concerns. Although this deck is deeper than the allowable depth DCP standard, it is considered that privacy impacts are reasonably managed via the provision of the screens to limit overlooking impacts on the neighbouring side windows. It is considered reasonable to have some outdoor space attached to the bedroom area in this instance by way of a balcony, given that the adjoining properties have existing large decks / terrace at first floor to the rear.

2.1.4 Other Matters Streetscape The current streetscape contains an eclectic mix of built forms and architectural styles. All the existing houses on the eastern side of Pembroke Street are two storey dwellings of various architectural styles.

62

The proposal for a contemporary design is considered an acceptable addition to the streetscape which will be undergoing a change in architectural language over time. It adopts a contemporary architectural style which is seen as an appropriate satisfactory infill development in this location. Privacy Visual privacy impacts caused by the dwelling are reasonable given that the applicant has made an attempt to reduce overlooking by the provision of the timber privacy screens for the balcony off bedroom 1 at first floor. The front balcony facing the street is considered a positive attribute for the streetscape that promotes casual surveillance of the street. Privacy and noise impacts caused by the pool are considered reasonable given that privacy planting are proposed to the full length of the pool and a condition requiring the pool filtration motor and pump unit to be housed within a ventilated soundproof enclosure. Should the application be approved, an additional condition is to be attached that the proposed “Lomandra longifolia” plants adjacent to the eastern side of the pool are to be replaced with another local native species which would provide screening and grow to a mature height of a minimum 1.8m. The proposal subject to conditions will attain an appropriate level of privacy for all properties.

3 REFERRALS

3.1 Internal Vehicular Access and Stormwater

The application was referred to Waverley Council’s Manager of Technical Services, who has raised no objection to the amended proposal subject to a special condition requiring no change to the level of the Council’s pathway along the frontage of the property and the imposition of other standard conditions.

Public Domain/Tree Preservation

The application was referred to Waverley Council’s Tree Planning Officer. No objection is raised to the amended proposal subject to a requirement for all species planted on site to be local natives. In addition, replacement tree is also to be planted on the nature strip.

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered to have a minimal and acceptable impact on the natural and built environment, and no further social or economic impacts are expected as a result of the proposal.

Section 79C(1)(c) - The suitability of the site for the development. The site is suitable for the development, allowing for permissible development and a two storey dwelling commensurate with the scale of surrounding buildings and the reasonable development potential of the site.

63

4. PUBLIC SUBMISSION

The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. The application was deferred on 20 July 2011 and amended plans were subsequently lodged and re-notified for a 14 day period, with additional submissions received. Four (4) objections have been received for the amended plans. The issues raised in the submissions are summarised and discussed below. Property Location Summary of Objections

5 Collingwood St Rear (east) • Swimming pool location / excavation

• Privacy

• Height

7 Collingwood St Rear (east) • Swimming pool location

• Privacy

• Height and bulk

8 Pembroke St Adjoining (south) • View loss

• Barbeque location

• Setback

• Height

• Level of pool and terrace

• Excavation

• Rain water tanks

4 Pembroke St Adjoining (north) • Swimming pool location

• Rear setback (east)

Issue: Bulk Comment – The proposed Floor Space Ratio of the development complies with Council’s maximum control for the site and the proposal is not considered an overdevelopment. Issue: Height, setback and view loss Comment – These issues has been address previously above in this report. Issue: Privacy Comment – Privacy impacts have been addressed previously in this report with conditions of consent recommended to minimise impacts where appropriate. Issue: Swimming pool location and excavation Comment – Concerns are raised that the swimming pool is too close to the cliff face, which is unstable and would increase drainage issues. Standard conditions are imposed in relation to swimming pool construction, storm water management and excavation issues including a

64

dilapidation report, requirement for geotechnical engineers report regarding the stability of the subject site and details of excavation proposed. The swimming pool location at the rear is considered acceptable given that it is not located at the side of dwellings and is away from the bedroom areas of adjoining dwellings. Issue: Level of terrace and pool Comment – The proposal provides an appropriate level for the ground floor rear terrace and pool, which is approximately only 300mm (RL 67.30) above the natural ground level. It is to be noted that the existing rear terrace is currently higher (another 300mm at RL67.57) than the proposed new terrace and pool level. Section 79C(1)(e) - The public interest. It is not considered that the application is against the public interest.

5. DEVELOPMENT AND BUILDING UNIT REVIEW The DBU gave consideration to the proposal having regard to the matters under Section 79C, Section 96, the provisions of Council’s Development Control Plan and the matters raised in the submissions received. The officer’s report was also considered. The proposal has been modified to address concerns regarding view loss from the rear of the property. The modified rear setback aligns with properties within the vicinity and with the recommended plan amendment removing the bay window, provides strict compliance with the control in recognition of prized views front adjoining properties. Concerns from the notification process including the size and location of water tanks have also been addressed by condition, reducing the height to 1.8m which will allow the dividing fence to provide screening. The bulk, scale and design of the proposal is considered commensurate to the surrounding built environment.

6. RECOMMENDATION That Development Application No. 242/2011 at 6 Pembroke Street, Bronte for demolition of existing dwelling and construction of new two storey dwelling including basement garage and swimming pool be approved by Council, subject to the following conditions:-


1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos 10194. DA 01 to DA15, tables and documentation prepared by

Nicholas Back Architects, dated 6 September 2011 and received by Council on date 15 September 2011,

(b) Stormwater drainage plan drawing Nos 2011/71-SW1 to SW3 prepared by Law & Dawson

Pty Ltd dated 18.05.11, and received by Council on date 19 May 2011. (c) BASIX Certificate; and,

65

(d) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2010.

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The timber louvered privacy screen at the rear northern side of the first floor terrace /

balcony is to be fixed to point upwards (providing for no view to the immediate neighbours windows), in order to minimise overlooking into the adjoining property at No 4 Pembroke St;

(b) The new proposed barbeque wall and the rain water tanks be lowered in height to a

maximum of 1.8m (from the natural ground level), in order to minimise visual and other bulk-related impacts and to retain the neighbouring amenity; and,

(c) The proposed bay window for bedroom no. 1 is not approved and shall be either deleted

(i.e.: to be flush to the rear wall or elevation at first floor) or the entire first floor be setback approximately 700mm in line with the established rear alignment of the immediate adjoining properties at No. 4 & 8 Pembroke Street, in order to better address the setback controls under the Waverley DCP 2010 and to maintain the views currently enjoyed by adjoining properties.







(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy


66

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.


of the development.

4. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $ 10,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.


6. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and


appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & the Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and



of a Construction Certificate and to be the Principle Certifying Authority.

67

7. SWIMMING POOLS

The following requirements apply to the use and operation of the approved pool: (a) The pool water being treated by an approved water treatment and filtration unit. (b) The pool is to be fitted with a cover that shall be fitted when the pool is not in use to

minimise evaporation and conserve water. (c) To prevent noise nuisance to surrounding properties, the pool filtration motor and pump

unit is to be housed within a ventilated soundproof enclosure.

8. DRIVEWAY GRADIENTS There shall be no change to the level of the Council’s pathway along the frontage of the property or to the existing level at the property boundary in the vicinity of the existing driveway. In this regard, the driveway gradients inside the property as shown on drawing No. 10194.DA.14 Revision “B” “Driveway Ramp” shall be amended accordingly. An amended driveway profile drawing shall be submitted to Council for approval by the Divisional Manager, Technical Services prior to issue of the Construction Certificate.

9. HOARDING REQUIRED A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.




68

12. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2010 - Part G4 prior to the issue of a Construction Certificate.


14. FENCE NOT TO ENCROACH BEYOND BOUNDARIES No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

15. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

16. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

17. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

69

18. AMENDED LANDSCAPE PLAN

The Landscape Plan is to be amended by the following changes: (a) All species to be planted on the site are to be local native species; (b) The proposed “Lomandra longifolia” plants adjacent to the eastern side of the pool are to

be replaced with another local native species which would provide screening and grow to a mature height of a minimum 1.8m;

(c) The strip of mass vegetation at the rear of the property is to be removed and replaced with local native species;

(d) A replacement tree is to be planted on the nature strip. This tree is to be a Scribbly Gum (Eucalyptus Haemastoma) and must be a minimum pot size of 25 litres.

The amended landscape plan is to be submitted to and approved by Waverley Council’s Tree Management Officer prior to the issue of the Construction Certificate.

19. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage

should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

20. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.




70

22. HOME BUILDING ACT

The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.


24. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

25. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of

a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

26. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the


(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

71

27. TOILET FACILITIES

Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

28. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.


Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon No. 4 & 8 Pembroke Street.

30. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.


72

32. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.



35. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.




construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.


Operations (Noise Control) Regulation 2000. 38. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock

breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

73

39. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS




The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

42. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

43. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development

74

consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

44. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

45. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed dwelling including the footings and roof eaves, to encroach beyond the boundaries of the subject property.



48. SMOKE ALARM SYSTEM A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.

49. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

50. EXISTING VEHICLE CROSSING IS TO BE MODIFIED The existing vehicle crossing is to be modified to provide access to the proposed garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council.

51. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete vehicle crossing.


75

53. CONSTRUCTION OF SWIMMING POOLS

The following applies to the construction of swimming pools: (a) Reinforcement is to be inspected by an Accredited Officer or other suitably qualified

person prior to the pouring of concrete; (b) The electrical wiring system for any proposed underwater artificial lighting installation to

the pool being installed in accordance with the requirements of Australian Standard 3000, Part 1 - Wiring Rules;

(c) To minimise the likelihood of accidental drowning, the swimming pool is to be provided

with a child resistant safety fence, designed and constructed in accordance with the requirements of Australian Standard 1926-1993 "Fencing for Private Swimming Pools". This fencing is to be erected and inspected by the Principal Certifying Authority prior to the pool being filled with water; and

(d) A final inspection of the completed pool is to be carried out by the Principal Certifying

Authority prior to the pool being filled with water.

54. POOL DRAINAGE Waste waters from the proposed pool being discharged into Sydney Water's sewerage system and in this regard, approved plans MUST be submitted to Sydney Water at least fourteen (14) days prior to commencement of building operations.

55. TREE PLAN All trees, shrubs or vegetation on the subject or neighbouring sites identified for retention and within 7.5m of the building work are to be provided with tree protection measures as described below. Established boundary fences or site boundary fences are to remain in place at all times to physically protect any existing trees or vegetation on neighbouring sites. If fences are to be removed and replaced this process shall be undertaken in the most minimal time possible. If tree roots are exposed during this process and they are to be exposed for any more than 24 hours then a protective absorbent covering is to run the length of the exposed boundary. This covering is to be kept moist to prevent the drying out of roots. Any backfilling material required due to excavation shall meet the requirements of AS 4419-2003 Soils for landscaping and garden use. Any backfilling material shall also be conducive to promoting root development and growth. Soil levels are not to be changed around any trees on the subject or neighbouring properties. If any trees on neighbouring properties require pruning and are covered by Waverley Council’s Tree Preservation Order then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing. There are to be no underground services installed within 2.0 metres from the middle of the trunk of any trees to be planted, or 1.0 metres from the edge of any proposed garden bed.

76



57. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

58. STREET NUMBER

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street.

59. POOL SIGN An approved sign outlining details of resuscitation techniques for adults, children and infants must be placed in a prominent position, close to the pool prior to filling the pool with water. Signs are available from Council's Planning & Environmental Services Department.

60. INSPECTION OF POOL A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water. J:\HOME\PES\reports\South Team\Philip Bull\DCC2011\November\6Pembroke.doc

77

5 Andrews Avenue, Bondi – Alterations and a first floor addition to a semi-detached dwelling (DA 399/2011) Report dated 11 November 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to DCC on the request of Cn Cancian and seconded Cn Main for streetscape and view loss reasons.

Development Assessment Report Development Application No. DA-399/2011 Address 5 Andrews Avenue, Bondi Lodgement Date 25 August 2011 Proposal Alterations and a first floor addition to a semi-detached

dwelling Zoning and relevant controls Waverley Local Environmental Plan 1996

• 2(c1) Residential – Medium and High Density Waverley Development Control Plan 2010

Owner Mrs J S Bowdre and Mr W H Bowdre Applicant Cape Cod Australia Submissions Two (2) Issues Setbacks, view loss and privacy Recommendation That the application be APPROVED in accordance with

the conditions contained in this report Site Map

85

1. PREAMBLE

1.1 The Site and its Locality The subject site is located on the southern side of Andrews Avenue, Bondi. The site is an irregular shape, with a 5.86m northern frontage to Andrews Avenue, eastern side boundary measuring 38.94m, southern rear boundary measuring 5.95m and a western side boundary measuring 38.78m. The site has an area of 227.6m² with a slope from the sites frontage to Andrews Avenue towards the rear boundary of the site of approximately 2m. Existing on site is a single storey semi-detached dwelling which is one in a pair of many in Andrews Avenue, Bondi. The site contains no onsite vehicular access or car parking. Surrounding the site is a variety of residential developments, including detached and semi-detached dwellings, with some residential flat buildings in the vicinity of the subject site.

1.2 Background Nil.

1.3 Proposal Description The proposal is for alterations and a first floor addition to a semi-detached dwelling, the proposal is summarised as follows: Ground floor • Replace existing windows to the ground floor bedrooms; • Reconfiguration of the rear of the ground floor including new bathroom, open plan kitchen

and an addition to the rear of the ground floor containing a family room; and • Construction of a timber deck at the rear of the ground floor consisting of a bench seat

and BBQ area. First floor • First floor addition consisting of two (2) bedrooms and a bathroom; and • Front and rear balconies and an attic storage area within the existing pitched roof area. Associated works • Removal of a significant tree located in the rear yard of the site.



2.1.1 Waverley Local Environmental Plan 1996 Clause 3 – Specific Aims, Clause 10 – Zone Objectives an Clauses 21-26 – Environmental Considerations The site is zoned 2(c1) Residential – Medium and High Density under the Waverley Local Environment Plan (LEP) 1996. As the proposal is for alterations and a first floor addition to an existing semi-detached dwelling the proposal is considered to satisfy the Specific Aims

86

and Objectives of the zone. The proposal is considered unlikely to result in unreasonable environmental impacts and therefore is considered to satisfy clauses 21-26. Part 4 – Heritage Provisions The subject site is not a listed as a heritage item or in a conservation area as identified in Part 4 – Heritage Provisions of the Waverley LEP 1996. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.2 Waverley Development Control Plan 2010, Part D1 – Dwelling House & Dual Occupancy Development

COMPLIANCE CHECK

Control Standard Proposed Compliance Height • Flat roof – 7.5m • 7.4m Yes Floor Space Ratio (Site Area 227.6m)

• 0.82:1 (132.48m²)

• 0.58:1 (132.48m²)

Yes

Setbacks • Side 900mm • Front and rear est.

building line

• 600mm/Existing • Front and rear est.

building lines retained

No Yes

Front fencing • 1.2 metres • Existing NA Elevated external decks


Ground floor deck • 22.26m² • 4.2m

Front first floor • 6.45m² • 1.5m

Rear first floor • 5.46m² • 1.4m

No No Yes Yes Yes Yes

Landscaping • 40% of site area • 15% of site as soft • 50% of front lands. • 50% of front lands.

as soft • On-site retention

required

• 60% • 45% • Existing • Existing • On-site retention

proposed

Yes Yes NA NA Yes

Setbacks - Side The proposed ground floor extension and first floor addition provides a non-compliant side setback of 600mm. While the 600mm side setback is non-compliant the numeric control of 900mm the reduced side setback is acceptable for the following reasons: • The proposal seeks to extend the existing 600mm side setback; • The non-complaint setback is due to a step in the eastern side boundary and requiring a

step in the side setback will detrimentally impact on the internal amenity of the semi-detached dwelling; and

• The reduced side setback does not unreasonably impact on the solar access, ventilation and privacy of neighbouring residential allotments.

The non-compliant side setback is supported for the above detailed reasons.

87

Elevated external decks – Ground floor rear deck The proposed ground floor rear deck contains non-compliant depth and maximum area. While the proposed deck is non-compliant with the numeric controls, the deck is considered acceptable as it provides a usable external space and the depth and area of the deck are considered unlikely to result privacy impacts to neighbouring residential allotments. To further protect the visual privacy of the neighbouring residence located to the east the deck is to be setback 600mm from the eastern side boundary, this is included as a condition of consent.

2.1.3 Other Matters Streetscape The proposed first floor addition to the semi-detached dwelling consists of a skillion roof form and is setback 3.5m behind the existing ridgeline of the existing cottage. As the first floor addition is well setback behind the existing ridgeline, the first floor is unlikely to be highly visible from Andrews Avenue and is considered acceptable with regards to streetscape considerations. Solar Access/Overshadowing The proposed alterations and first floor addition results in additional overshadowing to neighbouring residential allotments, however, as the proposal complies with the maximum height and floor space ratio controls any additional overshadowing is considered reasonable and supported in this instance. The 600mm side setback is considered unlikely to significantly increase overshadowing to neighbour residential allotments and is supported in this instance. Privacy Windows The proposed new and altered windows to the semi-detached dwelling are considered to be of a domestic scale and unlikely to result in unreasonable privacy impacts to neighbouring residential allotments. The proposed windows are considered acceptable with regards to visual and acoustic privacy considerations. Elevated external decks The proposed ground floor rear deck has been setback from the side boundary by condition and is considered unlikely to result in privacy impacts to neighbouring residential allotments. The first floor front and rear balconies are supported as they are located off bedrooms, small, and setback from side boundaries which are considered unlikely to result in privacy impacts to surrounding residences. ESD A BASIX Certificate has been submitted with the application, demonstrating compliance with ESD principles. Safety and security Safety and security will remain generally unchanged.

88

3 REFERRALS

3.1 Internal

Technical Services The application was internally referred to Council’s Technical Services Division who indicated the application is acceptable subject to the imposition of standard conditions of consent. Tree Preservation The application was internally referred to Council’s Tree Preservation Officer who indicated the application is acceptable subject to the imposition of conditions of consent. The recommended conditions of consent are included in this report. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposed works are generally considered satisfactory and are not likely to unduly impact upon the natural and built environment including social and economic impacts in the locality. Section 79C(1)(c) - The suitability of the site for the development. The proposal is generally suitable in the 2(c1) Residential – Medium and High Density zone.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development and two (2) submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

3 Andrews Avenue Adjoining west • Building height excessive

• Size and bulk excessive

• Setback non-compliance

• Streetscape and visual impacts

• Privacy

• Overshadowing

7 Andrews Avenue Adjoining semi-detached dwelling (east)

• Addition is not to impede a view yet to be realised from the objectors’ property.

• No significant changes from the approved plans.

• Request for a structural engineer to undertake a dilapidation report of the objectors property.

• Request for a dilapidation report to be undertaken post construction.

• Builder is to have appropriate licensing to complete the works.

89

3 Andrews Avenue Issue: Building height, size and bulk and setback non-compliances. Comment – See section 2.1.2 Waverley DCP 2010, of this report. Issue: Streetscape and visual impacts. Comment – See section 2.1.3 Other Matters – Streetscape, of this report. Issue: Privacy and overshadowing impacts. Comment – See section 2.1.3 Other Matters – Privacy, Overshadowing, of this report. Issue: View loss from the first floor outdoor living area. Comment – The objector has indicated that the first floor addition will obscure an existing ocean view from the first floor outdoor living area. There is a significant view from the rear first floor deck of 3 Andrews Street that will be impacted by the proposed first floor addition. A review of aerial imagery indicates that the first floor addition will impact on a view from the first floor rear balcony, see image below. The addition complies with the relevant controls and is in an expected location. It is not reasonable to retain views over the middle of an adjoining single storey house, at the expense of that house’s development potential. For example, the view being lost is from a first floor addition. Nevertheless, the DBU visited the site and was satisfied that the view in question was a high quality one that should in some way be given some weight in this assessment. To achieve

First floor balcony

Potential views across the subject site

90

this it is considered reasonable that the maximum height of the rear addition be lowered by a minimum of 500mm. This could be achieve by reducing the proposed floor to ceiling height and / or more efficient construction (e.g. rear slab on ground). This addition will still impact on the neighbour but in its modified form the addition is more reasonable and addresses view sharing principles. A condition in this respect is recommended. 7 Andrews Avenue (adjoining semi-detached dwelling)

Issue: Addition is not to impede a view yet to be realised from the objectors’ property. Comment – The proposal has been considered with regards to the built form controls detailed in the Waverley DCP 2010 and generally complies with the generic controls.

Issue: No significant changes from the approved plans. Comment – In the event of a significant change undertaken from the approved plans, the applicant will need to lodge a Section 96 application with Council, which may be notified to the adjoining property.

Issue: Request for a structural engineer to undertake a dilapidation report of the objectors’ property. Comment – The standard condition of consent regard a dilapidation report has been included in this report. Issue: Builder is to have appropriate licensing to complete the works Comment – The standard conditions of consent requiring a builder with an owner builder permit are included in this report. Section 79C(1)(e) - The public interest. The application has been considered with regards to the public interest and is considered suitable with regards to Section 79C(1)(e) of the Act.

5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW The additions are compliant and a modest two-room first floor addition. The addition complies with both floor space and height controls and is where you would reasonably expect a first floor addition to be on this site. The neighbour complaints concerning view loss are not reasonable, as the views in question are over the middle of the site where controls and context would suggest some form of development is reasonable. However, the view in question is a high quality one and it is reasonable to make some adjustment to the scheme to protect neighbour amenity. A condition requiring the rear addition to be lowered by a minimum of 500mm is recommended. This will not stop the view loss but it will limit it, to a degree considered reasonable. The application is recommended for approval subject to conditions.

91

6. RECOMMENDATION

That Development Application No. DA-399/2011 at 5 Andrews Avenue, Bondi for alterations and a first floor addition to a semi-detached dwelling be approved by the Development and Building Unit, subject to the following conditions:-


1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Sheet Nos 1 of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6 and 6 of 6, all Issue E prepared by Cape

Cod Australia, dated 11-08-11, and received by Council on 25 August 2011, (b) BASIX Certificate; and (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2010. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The ground floor deck is to be setback 600mm from the eastern side boundary of the site. (b) The rear first floor addition is to be lowered by a minimum of 500mm to a maximum RL of

69.28. This could be achieved by reducing the proposed floor to ceiling heights and / or more efficient construction (e.g. use of steel framing / slab on ground).


3. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall: (a) Be located a minimum of 1.5 metres from a boundary. (b) Be located behind the front building line and if visible suitable screened and located in an

appropriate location. (c) Not be adjacent to neighbouring bedroom windows. (d) Not reduce the structural integrity of the building. (e) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(ii) before 7.00am and after 10.00pm on any other day.

92

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise

level measured at the property boundary at any other time outside of (e).

4. USE OF DWELLING The premises are to be used only as a single unit dwelling house.






(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy


(c) Should a section 96 modification result in any change to the total cost of the work, the

Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.


of the development.

6. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $6,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

93

This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.



(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and


appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and



of a Construction Certificate and to be the Principle Certifying Authority.




94

11. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2010 - Part G4 prior to the issue of a Construction Certificate.


13. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

14. EXISTING PARTY WALL IS TO BE EXTENDED The existing party wall is to be extended to the underside of the roof in accordance with the requirements of the Building Code of Australia. The plans are to be notated accordingly prior to the issue of the Construction Certificate to the satisfaction of the Principal Certifying Authority.

15. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

16. TREE PROTECTION MEASURES PRIOR TO CONSTRUCTION Trees to be retained and protected shall be clearly shown on any construction plans. Tree protection measures are to be installed prior to any work (including demolition) Evidence by means of an arborist report and/or photographic evidence showing site context are to be submitted and approved by Waverley Council’s Tree Management Officer prior to the commencement of any work including demolition.

95

17. TREE PLAN All trees to be retained on the site are to be protected by AS 4970 – 2009 Protection of trees on development sites and by the conditions below. All trees, shrubs or vegetation on the subject or neighbouring sites identified for retention and within 7.5m of the building work are to be provided with tree protection measures as described below. All trees, shrubs or vegetation on the subject site are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site.

• Trees to be retained and protected Trees to be retained and protected shall be clearly shown on any construction plans. Protection fencing is to be installed prior to any work commencing on the site. Species Location Action Acacia sp and Umbrella tree

Rear western boundary Retain and protect as per the conditions below. TPZ of a minimum of 3.0 metres from the middle of the trunk of the Acacias sp and as bounded by the boundary fence shall be installed as per the conditions below.

*TPZ- Tree Protection Zone TPZ – A 1.8m chain link wire fence or the like shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. All tree protection fencing shall comply with AS 4970 – 2009 Protection of trees on development sites. The maintenance of this TPZ shall be maintained as per AS4970 – 2009, Section 4.6. Established boundary fences or site boundary fences are to remain in place at all times to physically protect any existing trees or vegetation on neighbouring sites. If fences are to be removed and replaced this process shall be undertaken in the most minimal time possible. If tree roots are exposed during this process and they are to be exposed for any more than 24 hours then a protective absorbent covering is to run the length of the exposed boundary. This covering is to be kept moist to prevent the drying out of roots. Any backfilling material required due to excavation shall meet the requirements of AS 4419-2003 Soils for landscaping and garden use. Any backfilling material shall also be conducive to promoting root development and growth. Soil levels are not to be changed around any trees on the subject or neighbouring properties.

96

No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline) or within 2.0m from the middle of the trunk (whichever is greater) of any tree, shrub or vegetation that is protected under Waverley Council’s Tree Preservation Order. If tree roots greater than 50mm are encountered then post shall be relocated away from that root. Any roots smaller that 50mm are to be pruned as per specifications below. Post holes for the installation of the deck are to be dug by hand. If tree roots greater than 30mm are encountered then post shall be relocated a minimum of 100mm away from that root. Any roots smaller that 30mm are to be pruned as per specifications below. If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate). It is the arborist’s responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council’s Tree Management Officer is to be contacted to make final determination. If any trees or vegetation on the subject property require pruning and are covered by Waverley Council’s Tree Preservation Order an Application to Prune or Remove Trees on Private Property is must be presented to Council for processing. If any trees on neighbouring properties require pruning and are covered by Waverley Council’s Tree Preservation Order then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing.

18. TREE PROTECTION Precautions shall be taken when working near trees, shrubs or vegetation on the subject or neighbouring properties to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter.

• Trees to be removed Species Location Action White cedar (Melia sp) Western boundary Remove and replace In line with Council’s policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with a local native tree of minimum container size of 75 litres and shall be maintained until they attain a mature height

97

of at least six (6) metres, or whereby they will be protected by Council’s Tree Preservation Order. Any replacement tree is to be planted a minimum of 1.0 metres from any boundary, structure or underground services, and should be located in a similar location to the specimen approved for removal. Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. The replacement local native trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 4.0 metres whereby they will be protected by Council’s Tree Preservation Order. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.




20. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.


98

22. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the


(b) the work is to be kept lit during the time between sunset and sunrise if the work may be

of a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

23. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.


Principal Certifying Authority, Council and the owners of the adjoining property at 7 Andrews Avenue, Bondi prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining property at 7 Andrews Avenue, Bondi.

25. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

26. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of Work Cover NSW.

99

27. SOIL AND WATER MANAGEMENT PLAN

A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.






construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.


Operations (Noise Control) Regulation 2000.

32. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

100

33. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS




The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; and (f) prior to installation of fire resisting construction systems (i.e. fire rated ceilings and walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

101

36. ENCROACH BEYOND THE BOUNDARIES

No portion of the proposed additions including the footings and roof eaves, to encroach beyond the boundaries of the subject property.



39. SMOKE ALARM SYSTEM A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.



41. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. J:\HOME\PES\reports\South Team\Philip Bull\DCC2011\November\5 Andrews.doc

102

Inspection Agenda - 3 December 2011 - Waverley Council · and Council’s Code of Meeting ......

Documents

Transcript of Inspection Agenda - 3 December 2011 - Waverley Council · and Council’s Code of Meeting ......