Art Made Architectural Pty Limited v City of Canada Bay Council - [2005] NSWLEC 252

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION:
Art Made Architectural Pty Limited v City of Canada Bay Council [2005] NSWLEC 252
This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES:
APPLICANT:
Art Made Architectural Pty Limited
RESPONDENT:
City of Canada Bay Council

FILE NUMBER(S):
10626 of 2004

CORAM:
Watts C at 1

KEY ISSUES:
Development Application :- Aesthetic quality of the front car parking area of the proposed childcare centre

LEGISLATION CITED:
Concord Planning Scheme Ordinance, (CPSO) - Sydney Regional Environmental Plan No 22 - Parramatta River, (SREP22) - State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55)· - Concord Local Environmental Plan No. 103, (Heritage LEP) - Concord Code for Parking Requirements for Specific Land Uses, (Parking Code) - Environmental Planning and Assessment Act 1979, ss79C and 97

DATES OF HEARING: 28/11/2004 and 10/05/2005

DATE OF JUDGMENT:

05/19/2005

LEGAL REPRESENTATIVES:
APPLICANT:
Mr C C Gough, solicitor
SOLICITORS:
Storey and Gough
RESPONDENT:
Mr P Jackson, solicitor
SOLICITORS:
Pike Pike & Fenwick

JUDGMENT:

Appeal No: 10626 of 2004

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Watts C

19 May 2005

10626 of 2004 - Art Made Architectural Pty Limited v City of Canada Bay Council

JUDGMENT

Environmental Planning and Assessment Act 1979,

The land
4 The land is situated on the western side of Llewellyn Street, Rhodes, south of its northern intersection with Concord Road and to the immediate south of the Ryde Bridge. It has a frontage of 18.29m to Llewellyn Street, a variable depth of 46.09/45.72m and a rear boundary of 23.84m and an area of 985.77m2. The land falls from west to east 3m or 6% along its southern boundary.
5 Erected on the land is a single-storey dwelling with an in-ground pool and metal garage located to the rear accessed by a driveway near the northern boundary. This driveway is abutting the driveway of the dwelling to the north at No 68 Llewellyn Street.
6 Abutting the land to the north and south are single-storey and two-storey dwellings, respectively. To the rear is King George V Reserve, which fronts Ryde Road. Opposite is a variety of single-storey and two-storey dwellings with water frontages on Parramatta River with many with high walls or fences facing the street. Some have garages.

Relevant planning controls

Concord Planning Scheme Ordinance, (CPSO)
7 The land is zoned residential 2(a) under the provisions of the CPSO and the proposed use is permissible with consent under cl 23 of that planning instrument.

Sydney Regional Environmental Plan No 22 - Parramatta River, (SREP22)
8 The land is zoned under SREP22, and cl 20 of the Policy sets out relevant matters for consideration prior to the granting of consent.

State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55)
9 Under cl 7 of SEPP55 the council may not consent to the carrying out any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out. There was no issue between the parties in this regard.

Concord Local Environmental Plan No. 103, (Heritage LEP)
10 The Brush Box street trees in Llewellyn Street are listed as a landscape item as listed in Schedule 1 of the Heritage LEP.

Concord Code Parking Requirements for Specific Land Uses, (Parking Code)
11 The Parking Code adopts the Roads and Traffic Authority's Guide to Traffic Generating Developments, which states that off-street car parking, must be provided at the rate of one space for every four children in attendance.

The proposal and its history
12 Development application No 311/03 was lodged with the respondent council on 7 May 2003 to alter and add to an existing single-storey residential dwelling to create a two-storey (amended to single-storey) centre-based childcare centre on the land.
13 It is proposed to:
1. demolish part of the existing residence and the existing swimming pool.
2. alter and add to the dwelling to provide a childcare centre with:
i. internal ground floor changes to a cot room, nappy change area, toilets, store room, office, kitchen and play areas at ground level;
ii. internal first floor changes to a manager's room, meeting room, store-room and toilet; and
iii. rear external changes to provide a sand pit, play area and an awning structure for sun protection.
3. A paved front car parking area to provide ten (10) car parking spaces.
4. Provide for five (5) full time staff and 1 part time staff.
5. Maximum 40 children (originally 48 children);

6. Hours of Operation 7.00am to 7.00pm, Monday to Friday.
7. Drop off/pick up staggered between 7.00am -- 11.30am, then 2.30pm -7.00pm.

Control	Control	Proposed	Compliance
Floor Space Ratio	N/A	0.27:1	N/A
Height
To ceiling	N/A	3.7m	N/A
To rid; e	N/A	6.2m	N/A
Site Coverage	N/A	85%	N/A
Landscape	- ,N/A	15%*	N/A
Setbacks
Front	N/A	18.0m	N/A
Side (north)	N/A	1.4 - 2.Om	N/A
Side south	N/A	900mm	N/A
Car Parking	1 sp / 4 children	10 spaces	Yes *Landscaped area was unable to be accurately calculated due to inadequacy of the submitted landscape plan.

Notification
15 The application was notified to nearby owners and occupants and the council received fifty-seven (57) submissions objecting to the proposal. Concerns were in respect to:
· Presence of a telecommunications tower nearby;
· Lack of sufficient car parking on-site;
· Double parking in street;
· Traffic congestion in street;
· Road safety;
· Streetscape;
· Loss of trees;
· Inadequate landscaping;
· Loss of residential character;
· Overdevelopment;
· Acoustics - children and cars;
· No need for childcare centre, sufficient nearby;
· Lack of appropriate disabled access;
· Loss of cycling path; and
· Loss of privacy.
16 The amended application was also advertised and the council received further objections.

The council’s decision
17 By notice dated 29 September 2003 the council refused the application for the following reasons:
1. The proposal is unsatisfactory with regard to section 79C(b) of the Environmental Planning and Assessment Act 1979 as the development is likely to have an acoustic impact on surrounding properties due to the nature of the proposed use and the excessive hours of operation proposed.
2. The proposal is unsatisfactory with regard to section 79C(b) of the Environmental Planning and Assessment Act 1979 as the development is likely to have an impact upon the operation of the local road system due to excessive on street parking and subsequent impacts on the amenity of adjoining/adjacent residential properties.
3. The proposal is unsatisfactory with regard to section 79C(b) of the Environmental Planning and Assessment Act 1979 as the development is likely to have an impact on the character and amenity of the locality and streetscape due to the excessive amount of site coverage proposed in the form of impervious areas and the insufficient landscaping provided.
4. The proposal is unsatisfactory with regard to section 79C(b) of the Environmental Planning and Assessment Act 1979 as the development is likely to have an impact in terms of the safety of users of the proposed car park,
5. The proposal is unsatisfactory with regard to section 79C(c) of the Environmental Planning and Assessment Act 1979 as the site is not suitable for the proposed development having regard to its immediate proximity to a tele-communication/radio communication tower.
6. The proposal is unsatisfactory with regard to section 79C(e) of the Environmental Planning and Assessment Act 1979 as the site is not suitable for the proposed development having regard to its immediate proximity to a Main (Concord) Road.
7. The proposal is unsatisfactory with regard to section 79C(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest as evidenced by the significant number of objections received.

The hearing
18 The appeal was filed on 28 May 2004, and is within time.
19 At the hearing the court heard evidence on behalf of the respondent council from:
· Mr K Jenkins, resident of No 83 Llewellyn Street, Rhodes, Exhibit 8 Fol 180-1, 182, 184;
· Mr G J Constantine, resident of No 14 Llewellyn Street, Rhodes, Exhibit 8 Fols 278, 279, 280;
· Mr P Hanly, resident of No 73 Llewellyn Street, Rhodes, Exhibit 8 Fols 150-1; 152-4;
· Ms K C Steelman, resident of No 2 Llewellyn Street, Rhodes, Exhibit 8 Fols 294, 294;
· Mrs V Bacci, resident of No 38 Llewellyn Street, Rhodes, Exhibit 8 Fols 102-3 and 104-5;
· Mr Tadros, resident of No 70 Llewellyn Street Rhodes, Exhibit 8 Fols 296-303, 304-8;
· Others included: Mrs Grosby, 58 Llewellyn Street, Rhodes; Mrs Johnson, 68 Llewellyn Street, Rhodes; Mr A Long, 71 Llewellyn Street, Rhodes; Mrs B M Logan, 91 Llewellyn Street, Rhodes;
· Masson Wilson and Twiney, traffic report;
· Mr W J Long, consultant town planner; and
· Mr T Beardsmore, access consultant.

20 Many of the residents gave evidence on the site inspection and their names were recorded in Exhibit 18.
21 On behalf of the applicant evidence was given by:
· Mr D V Crane, consultant town planner;
· Mr M Relf, access consultant; and
· Mr G S Pindar, traffic consultant.

The issues
23 On 18 March 2005, the council filed a further amended statement of issues:
1. LANDSCAPING, STREETSCAPE & VISUAL AMENITY
1.1 The site coverage of approximately 85% is excessive and limits the opportunities for landscaping, absorption of stormwater and containing urban runoff.
1.2 The proposed car parking facilities at the front of the site will unacceptably detract from the visual amenity of adjoining properties and the streetscape having regard to the extensive paved area, which is out of context with the streetscape of Llewellyn Street (which is characterised by established front gardens forward of the building line).
1.3 The shade structure at the rear of the site will unacceptably detract from the visual amenity of the adjoining properties, King George V Park and the landscape setting of the site and will limit the opportunities for landscaping (including canopy trees) at the rear of the site on account of the scale, type number and arrangement.
1.4 The landscape plan prepared by Ray Fuggle and Associates Pty Limited No LO1B and dated 20 January 2005 is inadequate and will not provide sufficient screening of the proposal from the street and the adjoining properties nor will it provide sufficient privacy within the site on account of the following factors (which are conditionable):
(a) All Lilli Pilly species should be the normal species as listed in Council’s tree list and all dwarf varieties/ minor varieties should be replaced as such.
(b) All tree and shrub sizes should be a least 45 litres and not the sizes indicated on the said plan.
(c) Planting at the front of the site forward of the building line: On the side boundaries adjoining Nos 64 and 68 Llewellyn Street, the applicant should plant 15 normal sized Lilli Pillis replacing the Lilli Pilli dwarf/minor varieties and the Viburnum odoratissium and Hebe inspiration species.
(d) Planting at the rear of the site (behind the building line): (i) On the northwestern corner of the rear yard of the property on the side adjoining No 68 Llewellyn Street, the applicant should replace the 7 Viburnum odoratissium species with 7 Backhausia citriodora plants. (ii) On the side boundary adjoining No 68 Llewellyn Street the applicant should replace the 12 Murraya paniculatta plants with 12 Backhausia citriodora plants. (iii) On the rear boundary where the applicant has suggested 5 Murraya paniculatta to be planted. These trees are to be replaced with 4 trees of either Bluebberry Ash or Coast Banksia varieties or any other similar tree from Council’s tree list.

Particulars:

EP & A Act 1979 – section 79C

2.

EXTERNAL ACCESS AND CAR PARKING LAYOUT

2.1

The proposed access driveway has a gradient in excess of 1:20, which is required under cl 3.3 of AS2890.1-2004.

2.2

There is inadequate separation and protection between the accessible path of travel to the entry and the car spaces.

Particulars:

Entry to the site is via a walkway with a gradient shallower than 1:20 followed by landing allowing access from the accessible car parking space, then at 90 degrees to a 1:14 ramp up to a landing at the western end of the car park. There is no indication of any balustrade at the rear of the accessible car space which is required due to the differing gradient of the walkway (1:20+) and the accessible car space (1:40) with a level distance between the two gradients. Clause 5.2(d) or AS1428.1 requires a curb and handrail.

2.3

There is an inadequate transition between the accessible car space at cross fall and the car park gradient of 1:18.

Particulars:

The 3600mm wide accessible car space is indicated as having a 1:40 crossfall towards the rear, which is satisfactory. However, there does not appear to be satisfactory transition from the 1:18 gradient of the car park driveway to the front of the accessible space.

2.4

At the top of the 1:14 ramp there is a landing providing entry into a second ramp and a set of stairs up to the main entry, which is satisfactory. However, the circulation space inside the childproof gate and at the bottom of the ramp does not comply with the requirements of AS1428.1, Figures 12(g) or (h).

The stairs up to the main entry do not appear to have handrails on both sides of the stairs and therefore do not comply with Figures 9 and 17 of AS1428.1 which requires a minimum 15mm clearance from the wall under the ramp and the ramp handrail and fixings.

3.

INTERNAL ACCESS

3.1

The main entry door does not have an 850mm clear opening requiring a 920mm leaf (as suggested by the Human Rights and Equal Opportunity Commission) or an 800mm clear opening requiring an 870mm leaf (which is the minimum clear opening required by the BCA). The required clear opening for the doors to be measured in accordance with Figure 11(a) of AS1428.1.

3.2

Internally, none of the doors have an 800mm clear opening as required by AS1428.1. The minimum clear opening of any of the doors to be in accordance with clauses 7.2 and 7.3 as well as Figures 11(a) and 12 of AS1428.1. The circulation space is required by Figures 22 and 28 for the WC pan.

3.3

The unisex accessible toilet (staff toilet) does not comply as drawn with the hand basin intruding into the required circulation space of the WC pan and hence does not comply with the requirements of AS1428.1. The circulation space is required by Figures 22 and 28 for the WC pan.

3.4

The grab rail indicated in the unisex accessible toilet (staff toilet) does not comply with Figure 21 of AS1428.1. Figure 21 indicates the required minimum distance in front of the WC pan to enable a grab rail to be turned up. The grab rail must be fixed in accordance with clause 6.2 of AS1428.1.

3.5

There is a shower indicated in the nappy change area. If this is a shower for children who have soiled themselves only, then this is satisfactory as the children would be assisted. However, if it is intended as a shower for the staff then the shower does not comply with the requirements of AS1428.1. The shower should have a circulation space requirement of either Figures 25 or 26 of AS1428.1.

3.6

The door into the storeroom does not have a circulation space internally required by Figure 12(g) of AS1428.1.

3.7

The doors into the 2 – 5 year olds toilet do not have a circulation space as required by Figure 12 of AS1428.1.

3.8

Access from the internal areas to the play areas outside is via sliding doors. However, there is no indication of levels outside the doors. The sliding door tracks must be recessed so that there is an accessible path of travel over the tracks and there must be a threshold ramp complying with Figure 10 of AS1428.1 outside the door or outside must be level with the tracks.

3.9

There must be an accessible path of travel from the doors to the play areas outside with the gradient not exceeding 1:20 unless ramps comply iwht As1428.1 are provided.

4.

PUBLIC INTEREST

4.1

The proposal is not in the public interest on account of the issues raised by the resident objectors, including:

Presence of a telecommunications tower nearby

Lack of sufficient car parking on-site

Double parking in street

Traffic congestion in street

Road safety

Streetscape

Loss of trees

Inadequate landscaping

Loss of residential character

Overdevelopment

Acoustics - children and cars

No need for childcare centre, sufficient nearby

Lack of appropriate disabled access

Loss of cycling path

Loss of privacy

Particulars:

EP & A Act 1979 -section 79C

The evidence and findings

The impact of the front car parking area on the visual amenity of the streetscape
25 During the course of the hearing the number of cars proposed in the front of the proposed childcare centre was reduced from 10 to 8 with a consequent increase in the extent of landscaping when compared with earlier plans. However, cars parked in the front garden area would present as a different visual impact to the extensively landscaped front garden that presently exists. The question is whether this change would be so adverse as to warrant refusal of the application. Mr Gough stressed in his submissions, for the applicant, that the Court would find that it is not so adverse and should keep in mind that the proposed childcare centre is a permissible use in the residential zone.
26 The applicant’s amended landscaping plan in Exhibit K shows extensive landscaping in and around the proposed eight-space car parking area. It is proposed to plant two Lilli Pilli trees maturing to 8m in the front setback area. Two other Lilli Pilli trees are proposed in the car parking area. Also two Brush Box street trees are proposed to replace the single street tree, which is to be removed. These trees would be supplemented by further planting of low bushes in the front landscaped area on site. If these trees mature to a height of around 8 metres and the bushes thrive, it would be expected that the car parking area would appear as a well-landscaped front garden of verdant character, not dissimilar to other well landscaped gardens in the street. It is also noted that the floor of the car parking area would not be paved, as originally proposed, but would be covered with porous blocks, that could be expected to take on a grassy appearance and would be likely to assist in visually softening the impact of the car park.

27 The proposed childcare centre would present as a single-storey building on high foundations with the same ultimate height as nearby single-storey dwellings. The high foundations would be screened by the proposed pedestrian ramp.
28 Messrs Long and Crane gave concurrent evidence on the topic of visual impact of the proposal. Mr Long referred to para 3 and 4 on p 4 of his supplementary statement in Exhibit 28 and maintained his concern that notwithstanding the provision of side fencing, the proposal in this context would appear as a “foreign element” in the streetscape.
29 He explained that the western side of Llewellyn Street is one of established front gardens, which would be interrupted by the proposal. He distinguished the western opposite side of the street from the eastern side, and was of the opinion that the eastern side was quite different as development was below road level, with higher front fences and garages predominating.
30 Examining the proposal, he considered the 1.2 metre high side fences, in front of the building line, would not obstruct the view of the open car park from some viewpoints especially when viewing along the driveway. Although he considered the selected plant species for the front planting were appropriate, he questioned whether sufficient space would be provided in the 1 metre-wide car park planter for the proposed Lilli Pillis to thrive.
31 He noted that the permeable grass ‘paving’ was a new element in the design and would be expected to provide a limited amount of vegetation and pockets of grass on the car park floor. He was of the view that this would not contribute to improving the character of the front, as the car park would be “wide-open” to view. He considered the 1.6 metre foundation-height would make the proposal appear more prominent in the streetscape.
32 He stressed the need to provide a “harmonious appearance in the streetscape” under the performance objectives of the “Code for the Erection of Two-storey Dwellings” in Exhibit 3. He maintained that the car park would be unsympathetic with the open other front gardens in the street, and this aspect would be a principle reason for refusal of the application.
33 The performance objective to which he refers states:

The size, scale, and character of the completed dwelling presents a harmonious appearance in the streetscape and respects the size and scale of nearby dwellings. With dwelling extensions there is to be a compatibility between the colours, materials and design of the proposed addition and the existing structure.

Lilli Pillis

The impact of the front car parking area on the visual amenity of the adjoining properties
38 The proposal would be different to the present appearance of the front garden on the land, as it is proposed to provide a landscaped car parking area there and side fences are proposed. On the northern side presently there are no side fences and the driveway on the land abuts the driveway on 68 Llewellyn Street. On the southern side the fence would be replaced with a lapped and capped timber fence tapering in height from 1.8 metres to 1.2 metres at the back of the planter bed about 3.5m from the front alignment. The proposed landscaping along the side boundaries could be expected in time to rise above the fence line and could be expected to soften the visual impact of the proposal. The planting of the Lilli Pillis and Brush Boxes in the car parking area and on the verge would be visible on maturity from adjoining properties. So with the shielding of the fences and the landscaping I am satisfied that the visual impact of the proposal when viewed from adjoining dwellings would be acceptable and would not be so uncharacteristic as to warrant refusal.

Built-up area
39 The parties agreed that the built-up area of the amended proposal would be around 64% of the site area if one includes the area under the sails over the rear play areas. If that area were excluded I was told the built-upon area would be 52%. Mr Long was of the opinion that the area under the sails ought to be included in the calculation for built upon area. I accept that view. The extent of deep-soil planting was agreed at 9.91%. A condition is to be imposed concerning the design of an on-site stormwater detention system to limit runoff in storms.
40 All other matters were capable of resolution by condition and for the above reasons, the appeal is upheld.

Conditions
41 The conditions are those in Exhibit 10 and as amended by those in Exhibit O. The acoustic report is in Exhibit E is retained on the Court’s file as it is referred to in the conditions.

Orders
42 My orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
2. Development application No 311/03 lodged with the respondent council on 7 May 2003 to alter and add to an existing single-storey residential dwelling to create a two-storey (amended to single-storey) centre-based child care centre for thirty-nine (39) children at Lots A and Z, DP 401177 being No 66 Llewellyn Street, Rhodes is approved subject to Conditions 1 to 88 attached in Annexure A.
3. The exhibits with the exception of Exhibits D, E, J, K, O, 10, 26 and 27 may be returned.
S J Watts
Commissioner of the Court
sw

Annexure A

Art Made Architectural Pty Limited v City of Canada Bay Council

No 66 Llewellyn Street, Rhodes

Consent & Approved Plans

Drawing No. Prepared by: Dated:

No. 3703 37-A10, Amendment 4 Art Made Architectural Dec. 2004

No. 3703 37-A20, Amendment 4 Art Made Architectural Dec. 2004

1262b LO1B Ray Fuggle and Associates Pty Limited 20 Jan. 2005

Ref. 5696 John K. Wicks & Associates 17 April 2003

except where otherwise altered or amended by other conditions of this consent.

Please read the conditions of this development consent carefully and make sure that you understand all the conditions that have been imposed.

Any minor modification to the approved plans will require the lodgement, and assessment of an “Application to Modify Consent” under Section 96 of the Environmental Planning and Assessment Act 1979 , (as amended). Major modifications to the approved plans shall require the lodgement, and consideration of a new development application.
(Reason: Statutory requirement and to clarify the terms of the consent)

2. Number of Children

The total number of children attending the Child Care Centre is not to exceed thirty-nine (39) at any one time.

(Reason: Intensity of use)

3. Open space – Play time

During occupation, the outdoor play area shall not be used by children for a period greater than two hours per day. During those two hours per day in which the children are allowed to play outside it shall only be in the rear yard of the site, fully supervised, and in accordance with the following restrictions:

i) 20 children between the hours of 8.45 am – 9.45 am (any ages)
ii) 20 children aged 0 to 3 years between 2.30 pm – 3.00 pm and
iii) 18 children aged 3 to 5 years between 3.00 pm - 3.30 pm

4. Hours of Operation of Business

During occupation, the hours of operation are restricted to between 7.00 am & 7.00 pm, Monday to Friday.

Reason: Environmental amenity)

5. Landscaping

Prior to issuing a construction certificate, a revissed landscape plan is to be submitted to the Principal Certifying Authority detailing the following:

a) Three (3) native canopy trees in addition to those shown on the submitted landscape plans are to be planted on the site, following consultation with the Council.

b) The Chinese tallowtree (Sapium sebiferum) is inappropriate and should be replaced with a suitable native species capable of reaching a height of eight (8) metres, following consultation with the Council.

c) Permission is granted for the removal of the tree in front of the site on Council’s Street verge. The tree is to be replaced with a 45litre Brush Box prior to the issue of the Construction Certificate.
(Reason: Landscape quality, amenity and tree preservation)

6. Protection of Landscape Features

During site works/construction to minimise disturbance to retained trees, no excavation shall take place within the critical root zone, measured as a radius from the trunk of the tree. Excavation may occur between the critical and primary root zones but only by hand under the supervision of an experienced arborist or tree surgeon.

7. Site Access

No access shall be provided from the site to the park/reserve located to the rear of the site.

(Reason: Safety & Security)

8. Stormwater

A stormwater system shall be designed, approved, installed and operated such that any discharge of stormwater across the site boundaries shall be without nuisance to residents or members of the public or have a negative effect on the environment or inhibit the ability of any proposed landscaping plan to be implemented and shall be to the satisfaction of the Principal Certifying Authority. The design shall be in accordance with the appropriate part(s) of AS/NZ 3500 and Council’s requirements. Any discharge of stormwater to a road reserve shall be to the satisfaction of the relevant road authority. Overland flow from upstream properties shall not be impeded.

(Reason: Environmental Management)

9. Discharge

Stormwater from the site shall be discharged to Council’s Stormwater system to the satisfaction of Council’s Manager, Assets & Infrastructure.

(Reason: Compliance)

10. External Drainage

Detailed plans of the proposed construction of the proposed stormwater disposal system in the road reserve shall be submitted to Council and an approval for the construction issued under Section 138 of the Roads Act 1993 prior to release of a construction certificate for the proposal. The design shall document the surveyed location and level of all services and the proposed clearance to the new work. Any service alteration required shall be documented. Longitudinal drainage shall constructed of SRC or FRC pipes of minimum diameter 375mm. A gully pit shall be constructed opposite the down stream common boundary.

(Reason: Environmental Management)

11. Erosion Control

An “Erosion and Sediment Control Plan” (ESCP) or a “Stormwater Management Plan (SMP or SWMP) as appropriate shall be prepared in accordance with the requirements of “Managing Urban Stornmwater-Soils and Construction” 1998 (commonly known as “The Blue Book”). It shall be included with the application for a Construction Certificate. It shall demonstrate how the development will comply with the Protection of the Environment Operations Act (POEO) during its’ construction phase. The ESCP or SMP as approved shall be implemented and monitored. If it fails to meet its’ objectives or if so required by the Appropriate Regulatory Authority (ARA), it shall be modified to achieve them, resubmitted for approval and the implementation upgraded.

(Reason: Pollution Control)

12. On Site Detention (OSD)

On Site Detention of stormwater is required to limit the discharge rate of the site to pre-development conditions. The OSD design is to be submitted for approval concurrently with the Construction Certificate.

(Reason: Inundation)

13. OSD Covenant

Prior to occupation of the development and prior to the issue of an Occupation Certificate, the applicant shall register a positive covenant and/or a restriction as to user and/or an instrument under section 88E and or section 88B of the Conveyancing Act 1919 (NSW) as appropriate in favour of Council insuring the ongoing retention, maintenance and operation of an on site stormwater detention system. It shall be in the form described in Appendices B2-B7 of the Upper Parramatta River Catchment Trust On Site Detention Handbook and generally to the reasonable satisfaction of Council’s Manager, Assets and Infrastructure.

(Reason: Stormwater Management)

14. Off-Street Car Parking Space

A minimum of eight (8) off-street car parking spaces suitably marked in accordance with the approved plans unless elsewhere specified, shall be provided. Each space shall be a minimum of 5.4m x 2.5m, except where required otherwise for the purposes of disabled parking requirements as outlined inn condition 13.

(Reason: Parking and access)

15. Disabled Car Parking Spaces

One (1) of the car parking space provided as part of the total requirement shall be reserved for disabled persons. This space shall be a minimum of 3.2m wide x 5.4m long and connected by a continuous access path of travel as defined by AS1428.1 to the pedestrian access routes designed for people with a disability. Cross falls in the parking space in both directions shall not exceed 1:40 (or 1:33 if bitumen is used). Each space shall be clearly marked as such.

Car parking for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and AS 1428– Design for Access and mobility.

(Reasons: Parking and access)

16. Critical Stage Inspections for Building Work (Classes 5 ,6, 7, 8 or 9)

a) At the commencement of the building work; and

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;

d) Any other time.

If the person having the benefit of the development consent appoints Council as the PCA, Council will give written advice as to what critical stage inspections apply.

Prior to issuing an occupation certificate or subdivision certificate the PCA must be satisfied that the work has been inspected on the above occasions.

Except as provided by subclause (c), the inspections may be carried out by the PCA or, if the PCA agrees, by another certifying authority.

The final inspection detailed at subclause (c) may only be carried out by the PCA.

For each inspection the principal contractor ( or owner-builder ) must notify the PCA at least forty eight (48) hours in advance that the site is ready to be inspected prior to the commencement of work on the next stage.

Where applicable each inspection costs $125 per inspection.

(Reason: Statutory Requirements)

17. Damage Deposit

Prior to issue of the Construction Certificate, the applicant must pay the damage deposit of $3000 to Council. The full amount shall be refunded upon completion of works provided there is no damage to Council’s property as a result of the works.

(Reason: Protection of infrastructure and the environment)

18. Obtaining a Construction Certificate for Building Work

This Development Consent does not constitute approval to carry out construction work. Construction work may only commence upon the issue of a Construction Certificate and lodgement of Notice of Commencement.

Please be informed that a Construction Certificate is not required for demolition.

(Reason: Information)

19. Application for a Construction Certificate

The applicant must apply to Council or an Accredited Certifier for a Construction Certificate to carry out the relevant building works that are approved by this consent. The details to be included in the application for a Construction Certificate are:

a) Architectural plans and specifications complying with the Building Code of Australia, 1996 (BCA 96), relevant Australian Standards, and the development consent and conditions.

Note:

c) Essential services plan outlining the existing and proposed fire safety measures.

e) If an alternative solution to the “deemed to satisfy” provisions of BCA 96 is proposed, the details to be lodged are:

prior to the release of the Construction Certificate

(Reason: Statutory requirement)

20. Prior to Commencement of Works and Appointment of PCA

a) A Construction Certificate has been issued for the building work;

b) The person having the benefit of the development consent has appointed the Principal Certifying Authority (PCA); and

c) The PCA (if not Council) has, no later than two (2) days before the building work commences:

ii) Provided the person with the benefit of the consent with notice of any critical stage inspections and other inspections that will need to be carried out. (The notice must comply with cl 103A of the Regulation);

d) The person having benefit of the consent has either appointed a principal contractor and notified the PCA of that appointment [ or notified the PCA that the person will carry out the building work as an owner-builder, if that is the case ]; and

NB: Crown building work certified in accordance with s116G of the Environmental Planning and Assessment Act 1979 is exempted from the above requirements.

(Reason: Statutory Requirements)

21. Stamped Plans

Stamped plans, specifications and the consent shall be available on site at all times during construction.

(Reason: To ensure compliance with approved plans)

22. Construction Hours

· Mondays to Fridays (7.00 am to 5.00 pm);

· Saturdays (8.00 am to 1.00 pm);

· No work to occur on Sundays and public holidays.

Where the development involves the use of jackhammers/rock breakers or other heavy machinery, work shall be restricted to 7.00 am – 5.00 pm Monday to Friday only.

(Reason: Safety and amenity)

23. Plant Noise

Approved silencing measures shall be provided and maintained on all power-operated plant used in demolition, excavation, earthworks, and construction of the building, or work.

(Reason: Safety and amenity)

24. Dust and Waste

Where a dust nuisance is likely to occur, suitable screens and/or barricades shall be erected during demolition, excavation and building works. If necessary, water sprays shall be used on the site to reduce the emission of dust. Screening shall consist of a minimum 2 metres height of shade cloth or similar material secured to a chain wire fence or the like.

(Reason: Environmental amenity)

25. Retaining Walls and Drainage

If soil conditions so require it, retaining walls associated with the demolition or construction of a building shall be provided, and adequate provision shall be made for drainage. Details shall be submitted prior to the issue of a Construction Certificate where applicable.

(Reason: Structural safety)

26. Protection of Public Places

If the work involved in the demolition or construction of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the closure of a public place, a hoarding or fence shall be erected. Hoardings shall be erected to comply with the requirements of Workcover and the Principal Certifying Authority.

(Reason: Safety)

27. Survey Report

In order to ensure compliance with approved plans, a Survey Certificate to Australian Height Datum shall be prepared by a Registered Surveyor as follows:

a) At the completion of the first structural floor level indicating the level of that floor and the relationship of the building to the boundaries.

b) At the completed height of the building, prior to the placement of concrete inform work, or the laying of roofing materials.

c) At completion, the relationship of the building and any penetrations thereto, to the boundaries.

Progress certificates in response to points (a) through to (c) shall be provided to the Council or the Principal Certifying Authority at the time of carrying out relevant progress inspections. Under no circumstances will work be allowed to proceed should such survey information be unavailable or reveal discrepancies between the approved plans and the proposed works.

(Reason: To ensure compliance with approved plans)

28. Termite Protection

Prior to the issue of a Construction Certificate , details of the proposed method of protection for the building against subterranean Termites that is in accordance with AS 3660.1-2000 are to be submitted to the Principal Certifying Authority. Reticulation systems are to be accompanied by a certificate from the National Registration Authority.

The use of organochlorins as a soil treatment for the prevention of termites is strictly prohibited. Council does not accept hand spraying as the primary means of protection.

(Reason: Environmental protection)

29. Notice of Termite Protection

Prior to the occupation/use of the building

a) The method of termite protection; and

b) The date of installation of the system; and

c) Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

d) The installer’s or manufacturer’s recommendations for the scope and frequency of future inspections for termite activity.

(Reason: Environmental protection)

30. Information Required By Council Prior to Demolition

At least forty-eight (48) hours prior to the commencement of demolition, the demolisher shall lodge with Council the following:

a) Written notice indicating the date when demolition of the building is to commence.

b) Details of name, licence, address and business hours contact number.

c) Copy of the demolisher’s current public liability/risk insurance policy indicating cover of at least $5,000,000.

(Reason: Statutory requirements)

31. Hours of Demolition Works

Demolition works shall be carried out between the following hours:

Monday to Friday, inclusive 7.00 am. to 5.00 p m.
Saturday 8.00 am. to 1.00 pm.
Sunday and Public Holidays No work

(Reason: Amenity)

32. Burning of Demolition Materials

No demolition materials shall be burnt on or adjacent to the site.

(Reason: Health and amenity)

33. Prevention of Nuisance to Inhabitants

All possible and practical steps shall be taken to prevent nuisance to the inhabitants of the surrounding neighbourhood from wind blown dust, debris, noise and the like.

(Reason: Health and amenity)

34. Giving Notice to Other Statutory Authorities

The consent does not preclude the demolisher from giving notice to other Statutory Authorities such as the Water Board, Workcover, etc. and the like.

(Reason: Information)

35. Vehicles Leaving the Site

The demolisher shall:

a) Cause motor lorries leaving the site with demolition material and the like to have their loads covered;

b) Ensure the wheels of vehicles leaving the site do not track soil and other waste material onto the public roads adjoining the site.

(Reason: Environmental amenity)

36. Removal of Hazardous and/or Intractable Wastes

Hazardous and/or intractable wastes arising from the demolition process shall be removed and disposed of in accordance with the requirements of the relevant Statutory Authorities, and receipts submitted to Council for verification of appropriate disposal.

(Reason: Environmental health)

37. Australian Standards

Demolition shall take place in accordance with AS 2601-1991 – The Demolition of Structures.

(Reason: Compliance with Australian Standards

38. Site Security for Demolition Works

The site shall be secured prior to the commencement of demolition and to the satisfaction of the Council or the Accredited Certifier and in accordance with Clause 146 of the Environmental Planning and Assessment Regulation 2000.

(Reasons: Statutory Requirement and health and safety)

39. Asbestos Removal

The procedures that shall be adhered to in the removal of asbestos are:

a) All windows and doors on the building must be closed, in the case of houses and similar buildings.

b) Workers must wear overalls and an approved dust respirator.

c) No power tools other than drills for the removal of the roofing screws are to be used on the asbestos cement sheeting.

e) On home sites, plastic sheeting should be laid in the area where the removed sheets are to be stacked.

f) All asbestos cement sheets must be removed with minimal breakage and be lowered to the ground.

g) All asbestos cement residues should be cleaned from the roof space, where applicable, and the site, using an approved vacuum cleaner or wet methods.

h) All asbestos containing waste must be wetted and removed from the site as soon as possible in covered bins or on a covered truck.

i) The waste must be disposed of at a tip recommended by the Environmental Protection Authority.

j) In the absence of an analysis, all asbestos cement sheeting must be treated as though containing arnosite or crocidolite forms of asbestos as well as chrysolite.

k) Asbestos cement sheets from the demolition site must not be reused. NSW Regulations prohibit the use of materials containing arnosite or crocidolite in construction work.

Any work carried out on asbestos cement is to be in accordance with those provisions relating to asbestos cement within the NSW Construction Safety Act, 1912, Regulations 84A-J ‘Construction Work Involving Asbestos or Asbestos Cement 1983’, as amended 1984.

(Reason: Environmental health)

40. Fire Safety Certificate

A final Fire Safety Certificate shall be obtained in accordance with Part 9, Division 4 of the Environmental Planning and Assessment (Amendment) Regulation 2000, before a final occupation certificate can be issued for the building.

A copy of the Fire Safety Certificate and fire safety schedule shall be:

a) Forwarded to City of Canada Bay Council;

b) Forwarded to the Commissioner of the New South Wales Fire Brigade; and

c) Prominently displayed in the building.

(Reason: Fire safety)

41. Annual Fire Safety Statement

Pursuant to Part 9, Division 5 of the Environmental Planning and Assessment Regulation (as amended) the owner of the building shall furnish Council with an Annual Fire Safety Statement from a competent person so as to certify the essential fire safety measures in the building. The Annual Fire Safety Statement shall be within 12 months of the issue of the fire safety certificate, and then on an annual basis.

A copy of the Fire Safety Statement obtained and Fire Safety Schedule shall also be:

a) Forwarded to the Commissioner of the New South Wales Fire Brigade; and

b) Prominently displayed in the building.

(Reason: Fire safety)

42. Fire Safety Schedule

In determining the Construction Certificate, Council or an Accredited Certifier shall issue a “ fire safety schedule ” specifying the fire safety measures (both current and proposed) that shall be implemented in the building premises.

(Reason: Fire safety)

43. Details of Vehicular Access

Access shall comply with the provisions of AS2890.1. Plans detailing the proposed vehicular access shall be submitted to Council or an Accredited Certifier for approval with an application for a construction certificate. The plans shall contain the following details:

a) Longitudinal section along the extreme wheel paths of each driveway/access ramp at a scale of 1:20 demonstrating compliance with the scraping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated as boundary levels, both existing and proposed. It shall extend from the centre-line of the roadway through to the parking area.

b) Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

c) Longitudinal section along the gutter line showing how it is intended to blend the vehicular crossing into the existing kerb and gutter. Boundary levels shall generally run parallel to the kerb levels.

d) Location of verge trees, street furniture and service installations.

e) The gradient at the driveway from the kerb to the property shall not exceed 1:20 (covered by the need to meet standard).

f) Certification of compliance with AS2890.1 by an Engineer with appropriate NPER3 registration.

(Reason: Parking and access)

44. Vehicular Crossings

Full-width, heavy-duty concrete vehicular crossing(s) shall be provided across the footpath at the entrance(s) and exit(s). In this regard the applicant shall submit to Council an application for vehicular crossing(s), obtain approval and pay the appropriate fees and charges prior to the issue of a Construction Certificate.

The construction of the driveway shall be completed prior to occupation/use.

(Reason: Environmental protection)

45. Redundant Vehicular Crossing

All disused or redundant crossings and laybacks shall be removed and reconstructed as kerb and gutter and the footpath area reinstated to the satisfaction of Council’s Manager of Assets & Infrastructure. In this regard the applicant shall submit to Council an application for concrete work (available from Council’s Citizens Services Section) and pay the appropriate fees and charges prior to the issue of a Construction Certificate .

(Reason: Public infrastructure maintenance)

46. Damaged Kerb and Vehicular Crossing as a Result of Construction

Areas of damaged kerb, vehicular crossing and layback, shall be repaired and reconstructed, and the footpath area reinstated. This work shall be carried out in consultation with Council’s Manager of Assets & Infrastructure and to the satisfaction of Council’s Manager of Assets and Infrastructure and at the applicant’s expense.

(Reason: Public infrastructure maintenance)

47. Footpath Levels

Footpath levels shall be obtained from Council’s Manager of Assets & Infrastructure before finalisation of the design for Construction Certificate Application. Any required adjustments shall be included in the plans and the interface across the Street boundaries shall be designed to incorporate smoothly the designated levels. Details of any proposed changes to footpath levels, to comply with Condition 43, are to be included in the plans.

(Reason: Public infrastructure maintenance)

48. Aisles, Ramps & Internal Circulation

The aisle widths, internal circulation, ramp widths and grades of the car park shall comply with AS 2890.1 - 2004. The gradient cross-fall across the parking spaces shall not exceed 1:16. A Compliance Certificate for these works shall be submitted to Council or an Accredited Certifier.

(Reason: Parking and access)

49. Vehicle Direction

All vehicles shall enter and leave the car parking area in a forward direction.

(Reason: Safety)

50. Architect or Building Designer

Architects Act 2003

Children’s Services Regulations 2004

51. Deleted

52. There will be no more than 4 children below the age of 2 years.

53. Access for People with Disabilities

(i) Access via a continuous accessible path of travel from the street boundary to, and within, all areas normally used by the occupants (including staff, children, parents and visitors) must be provided for people with disabilities in accordance with the requirements of Part D3 of the Building Code of Australia and AS1428.1.
(ii) Ramps and stairs are to have handrails on both sides complying with AS1428.1.
(iii) Internal doorways and gates are to have at least an 800mm clear opening with the circulation space on both sides of the door or gate as required by Figure 12 or 13 of AS1428.1.
(iv) The external doorways and gates are to have at least an 850mm clear opening to the operable leaf with the circulation space on both sides of the door or gate required by Figure 12 or 13 of AS1428.1.
(v) External doors from the child care centre to the play areas must provide a continuous accessible path of travel from the internal play areas to the external play areas.
(vi) The accessible paths of travel to the playground must not exceed 1:20 gradient with 1:40 landings at doors and gates with the circulation space requirement of AS1428.1 Figure 12.
(vii) Plans and details of the unisex accessible toilet complying with the provisions of AS1428.1-2001, must be submitted to Council or an Accredited Certifier prior to issue of a Construction Certificate .
(viii) There is to be an accessible shower provided in the staff toilet are complying with the requirements of As1428.1.

Prior to the issue of a Construction Certificate, the plans shall be amended to reflect the above.

(Reason: Statutory requirement and disabled access)

54. Laundry facilities

55. Bottle Preparation Area

56. Children’s Toilet Facilities

57. Craft Areas

58. Entry Foyer

59. Transition Space

60. Cleaners Storage

61. Locker Space

62. Separate DA Required for Signs

A separate development application for any proposed signs which are either externally erected, fitted or applied to the outside of the building or anywhere in the grounds of the premises or immediately outside the grounds of the premises on the adjacent footpath must be submitted for the approval of Council, prior to the erection or display of any such signs. This does not apply to signs which are classified as being ‘Exempt Development’.

(Reason: Further approvals)

63. Obstruction of Public Area

The adjoining or adjacent public area is not to be obstructed by any materials, vehicles, refuse skips or the like, under any circumstances.

(Reason: Protection of infrastructure and the environment)

64. Protection of the Environment Operations Act 1997

Use and occupation of the premises shall be carried out at all times without nuisance and in particular, so as not to breach the provisions of the Protection of the Environment Operations Act 1997 and Regulations.

(Reason: Environmental protection)

65. Sediment & Erosion Control

An “Erosion and Sediment Control Plan” (ESCP) or a “Stormwater Management Plan” (SMP or SWMP) as appropriate shall be prepared in accordance with the requirements of “ Managing Urban Stormwater-Soils and Construction ” 1998 (commonly known as “The Blue Book”). It shall be included with the application for a Construction Certificate. It shall demonstrate how the development will comply with the Protection of the Environment Operations Act, 1997 (POEO) during its’ construction phase. The ESCP or SMP as approved shall be implemented and monitored. If it fails to meet its’ objectives or if so required by the Appropriate Regulatory Authority (ARA), it shall be modified to achieve them, resubmitted for approval and the implementation upgraded.

(Reason: Environmental protection)

66. Noise (Generally and specific noise attenuation measures)

The applicant shall ensure that all activities within the premises comply with the relevant sections of the Protection of the Environment Operations Act 1997 and Regulations; the NSW Environment Protection Authority Industrial Noise Policy (2000) and the NSW Environment Protection Authority Environmental Noise Control Manual (1994) both before and during occupation of the premises (for the approval use).

Both prior to and during occupation of the premises (for the approved use) noise from any mechanical plant shall not exceed background +5 dB(A) at any residential boundary. During occupation noise from the use of the rear play area shall not exceed background +10 dB(A) when measured as an Leq (15 minute) level at any point on any residential property (including 1st floor level windows).

Vehicle noise from the use of the front parking area shall be no greater than background +5 dB(A) as an Leq 15 minute level when assessed at any point in any residential property.

· Double lapped and capped acoustic fences, not less than 1.8m high from ground level, are to be provided on either side of the proposed child care centre where there are common boundaries with the neighbouring residences and along the rear fence. These fences are to be of masonry or timber construction (with care taken to ensure that there are no gaps either within or below the fences) by a suitably qualified and experienced expert only after details of the proposed fencing have been provided to Council and have received written approval from Council.

· Acoustic insulation is to be provided in the roof cavity and inside the cavity of external walls of any new extensions not constructed from brick. The insulation must be similar to Fibertek Rockwool 80mm thick, 30kg/m3.

· If skylights, ventilators, heat extractors or other openings into the ceiling cavity or walls of the premises for lighting, ventilation, decoration or other purposes are to be provided, then such units must be properly attenuated and all penetrations are to be properly sealed off so as not to degrade the rating of the roof/ceiling/wall construction system.

· All windows and sliding doors of all areas used for children’s activities as well as the kitchen window are to be fitted with minimum 8.38mm laminated glass sliding heavy duty aluminium frames and incorporating Q-Lon seals with a minimum Rw34i.

· All windows at the front and rear of the premises and along the wall facing the adjoining property at No. 64 Llewellyn Street are to be permanently sealed.

· All other doors of any kind (sliding/non-sliding) are to kept closed at all times during the hours in which the child centre is operational between the hours of 7.00am – 6.00pm, Monday to Friday, except when enabling children/parents/carers/staff members/delivery personnel or visitors to enter or exit the premises (including during the specified open space play times outlined in condition 3).

Prior to the issuing of a construction certificate, a person suitably qualified and experienced in acoustical engineering (e.g. A member of the Australian Acoustical Society, the Institution of Engineers, the Association of Australian Acoustical Consultants or a person with other appropriate professional qualifications) must prepare the validation report for all noise attenuation measure listed above .

67. Compliance with Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia. Note : Applicants who have lodged an objection and who have been granted exemption under clause 187(6) & 188(4) of the Environmental Planning and Assessment Regulation 2000 , must comply with the Building Code of Australia in all other respects.

(Reason: Prescribed statutory control)

68. Building, Subdivision and Demolition Works - Signs Erected on Site

Signage must be erected in a prominent position on the work site identifying:

a) The Principal Certifying Authority (PCA) by showing the name, address and telephone number of the PCA;

b) The Principal Contractor by showing the Principal Contractor's name, address and telephone number (outside of work hours) for that person.

The sign must state that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the work is being carried out, but must be removed when the work has been completed.

(Reason: Statutory Requirement)

69. Prior to Issuing of Occupation Certificate

Prior to issuing an Occupation Certificate for occupation or use of the building ( or change of use where an existing building ) the PCA is required to be satisfied, amongst other things, that:

a) All required inspections (including each applicable mandatory critical stage inspection) have been carried out; and

b) Any preconditions to the issue of the certificate required by a development consent or complying development certificate have been met.

(Reason: Statutory requirement)

70. Occupation or Use of the Building

or change of use where an existing building

71. Management Plan

Prior to the release of an occupation certificate, the applicant must submit to Council a Plan of Management for approval, to be administered by the operator of the child care centre through the life of the development, demonstrating procedures to manage numbers of children in outdoor areas and use of outdoor areas of play, traffic control at peak times, safety for children being picked up and dropped off and security after hours.

The Plan of Management must be distributed to all parents/carers of enrolled children upon enrollment and be kept by the attendance book to be signed by parents/carers when picking up and dropping children off.

· Provide for a limitation on the use of the outdoor play area at the rear of No. 66 Llelwellyn Street to:

· Provide for a prohibition on children being permitted to be on site forward of the building line unless accompanied by a parent/carer.

· Specify the traffic and child safety procedures to be undertaken by parents when picking up and dropping off children.

· Specify the security procedures to be implemented after hours (including lighting).

· Specify the procedures in place to best minimise noise impacts on residents whilst children are playing in the rear yard (see Condition 3).

72. Staff

73. Occupation

The premises shall occupied solely for the approved use. No change of use or additional use of any part of the premises shall taker place without prior development consent (other than for exempt development). The applicant and/or operator of the site will be responsible for ensuring that the premises are occupied solely for the approved use.

74. Food Premises

Food Act 2003

National Foods Standards Code

Centre Based and Mobile Child Care Services Regulation (No. 2) 1996.

74. Waste Storage Area

For safety, amenity and maintenance reasons, a waste storage area must be constructed to the following standards:

a) Floors must be constructed of concrete, graded and drained to an approved drainage outlet connected to the sewer and finished to a smooth even trowelled surface;

b) Walls must be constructed with solid impervious material and shall be cement rendered internally to a smooth even steel trowelled surface;

c) All intersections between the walls and floors shall be coved with coving having a minimum radius of 25mm;

d) All entry points into the room must be bounded to prevent the escape of liquid waste. Bunding shall be for 110% of the likely liquid storage waste and constructed in such a manner that does not obstruct the removal of waste receptacles from the room or create a safety risk to users;

e) Adequate ventilation shall be provided;

f) Adequate lighting shall be provided;

g) The ceiling must have a minimum height of 2.1m from floor level and be finished with a smooth faced non-absorbent material capable of being easily cleaned;

h) Waste storage areas shall prevent the access of vermin;

i) Waste receptacles used shall be compatible with City of Canada Bay Council’s waste collection service;

j) Hot and cold water hose cocks shall be located inside or within close proximity to the waste storage areas to facilitate cleaning;

k) The door to the storage area shall be weatherproofed and able to be opened from the inside at all times.

The proposed outdoor storage room in the south-western rear corner of the site as shown on plan prepared by Art Made Architectural numbered 3703 37-A10 (Corr 3) dated November 2004 is to be the waster storage garbage area.

76. Deliveries and Waste Collection

77. Water Conservation

78. Energy Efficiency

· Insulation shall be provided to the roof or ceiling to achieve a rating of R2.0;

· Insulation shall be provided to the walls to achieve a rating of R1.5;

· Energy efficient light fittings such as high-efficiency reflectors, fluorescent lighting and motion detection switches shall be provided;

· Centralised gas boosted solar water heating systems with separate meters for each dwelling must be used.

79. Lighting

‘Control of the obtrusive effects of outdoor lighting’

80. Waste Management

The demolition, construction, and ongoing waste management activities related to this development shall be undertaken strictly in accordance with Council’s Waste Development Control Plan (DCP) No. 38). A copy of this document is available from Council’s Customer Service Centres during office hours.

DCP No. 38 requires submission of a comprehensive Waste Management Plan (WMP) for the proposed development, and shall cover the reuse, recycling and disposal of waste on and off the site. Details relating to each stage of the development such as demolition (where applicable), construction, and the ongoing waste disposal from the occupied premises shall be included in the WMP. The WMP shall include the completion of all relevant forms within DCP No. 38, and must identify the types of waste that will be generated and all proposals to re-use, recycle or dispose of the waste.

Submission of the completed WMP, and details indicating the storage of garbage and recycling bins shall be provided to the PCA prior to the issue of a Construction Certificate. Please consult with Council’s Waste Project Officer prior to submission of this document to ensure that all necessary details have been provided.

(Reason: Environmental protection)

81. Waste Management On-going

Requirements of the Waste Management Plan shall be complied with throughout construction and demolition. In this regard, a certificate of compliance shall be issued by the Principal Certifying Authority on a monthly basis stating waste management procedures have been inspected and comply with the Waste Management Plan.

(Reason: Compliance with approval)

82. Wheel Stops

Wheel stops are to be placed in the four spaces adjacent to the pedestrian footpath, and a balustrade is to provided along the pedestrian path to separate the vehicle parking spaces and the pedestrian path. The wheel stops are to be designed and located in accordance with Cl. 2.4.5.4 of AS2890.1:2004.

(Reason: Pedestrian Safety)

83. Landscaping detail

84. Waste storage area

85. Lapped and capped fence

86. Masonry fence

87. Engineering detail

88. Side fences forward of the building line

Fences shall be erected on the side boundaries forward of the building line to the rear of the planter boxes or as agreed between the applicant and the adjoining owners to a height of 1.8 metres dropping down to a height to 1.2 metres.

Commissioner of the Court

07/06/2005 - To correct the reference to 'two-storey' height of the proposal to 'single-storey'; and change the words 'car parking area' to 'rear play area' in the acoustic Condition 66 - Paragraph(s) 1, 12 and order

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Citations

Art Made Architectural Pty Limited v City of Canada Bay Council [2005] NSWLEC 252

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CITATION:	Art Made Architectural Pty Limited v City of Canada Bay Council [2005] NSWLEC 252 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES:	APPLICANT: Art Made Architectural Pty Limited RESPONDENT: City of Canada Bay Council
FILE NUMBER(S):	10626 of 2004
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Aesthetic quality of the front car parking area of the proposed childcare centre
LEGISLATION CITED:	Concord Planning Scheme Ordinance, (CPSO) - Sydney Regional Environmental Plan No 22 - Parramatta River, (SREP22) - State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55)· - Concord Local Environmental Plan No. 103, (Heritage LEP) - Concord Code for Parking Requirements for Specific Land Uses, (Parking Code) - Environmental Planning and Assessment Act 1979, ss79C and 97
DATES OF HEARING:	28/11/2004 and 10/05/2005
DATE OF JUDGMENT:	05/19/2005
LEGAL REPRESENTATIVES:	APPLICANT: Mr C C Gough, solicitor SOLICITORS: Storey and Gough RESPONDENT: Mr P Jackson, solicitor SOLICITORS: Pike Pike & Fenwick

Drawing No.	Prepared by:	Dated:
No. 3703 37-A10, Amendment 4	Art Made Architectural	Dec. 2004
No. 3703 37-A20, Amendment 4	Art Made Architectural	Dec. 2004
1262b LO1B	Ray Fuggle and Associates Pty Limited	20 Jan. 2005
Ref. 5696	John K. Wicks & Associates	17 April 2003