Boyagi v Parramatta City Council

[2009] NSWLEC 1272

Land and Environment Court

of New South Wales

CITATION:	Boyagi v Parramatta City Council [2009] NSWLEC 1272
PARTIES:	APPLICANT Tony Boyagi RESPONDENT Parramatta City Council
FILE NUMBER(S):	10231 of 2009
CORAM:	Tuor C
KEY ISSUES:	DEVELOPMENT APPLICATION :- construction of a building for use as a boarding house provision of on site parking residential amenity
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2001 State Environmental Planning Policy (Affordable Rental Housing) 2009
DATES OF HEARING:	14 July 2009 and 14 August 2009
DATE OF JUDGMENT:	14 August 2009
LEGAL REPRESENTATIVES:	APPLICANT Mr J Doyle, barrister RESPONDENT Mr T Pickup, solicitor of Storey & Gough

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Tuor C

14 August 2009

10231 of 2009 Tony Boyagi v Parramatta City Council

JUDGMENT

1 This is an appeal against the refusal by Parramatta City Council (the council) of a development application under the Environmental Planning and Assessment Act 1979 (the Act) to demolish a single storey dwelling and construct a two storey building for use as a 13 room boarding house for 15 people with parking for two cars at 479 Kissing Point Road, Ermington (the site).

2 The main issue between the parties was whether the proposal provides adequate off street parking.

Site and locality

3 The site is irregular in shape with an area of 770 sqm and a frontage of 15.9 m to Kissing Point Road.

4 The site adjoins a service station to the east on the corner of Kissing Point Road and Victoria Street. To the west, the site adjoins a 2-storey dwelling and tennis courts which are used on a commercial basis. The site adjoins a dwelling to the rear. A high voltage transmission tower is opposite the site. The surrounding development in the locality along Kissing Point Road is residential.

5 The site is within zone 2A Residential under Parramatta Local Environmental Plan 2001 (LEP 2001). The proposal is permissible with consent. The objectives of the Residential 2(a) zone are:

(a) to enhance the amenity and characteristics of the established residential area, and
(b) to encourage redevelopment of low density housing forms, including dual occupancy development, where such redevelopment does not compromise the amenity of the surrounding residential areas, or the natural and cultural heritage of the area, and
(c) to ensure that building form, including that of alterations and additions, is in character with the surrounding built environment, and
(d) to provide opportunities for people to carry out a reasonable range of activities from their homes where such activities will not adversely affect the amenity of the neighbourhood, and
(e) to allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors in residential neighbourhoods.

6 LEP 2001 and Parramatta Development Control Plan 2005 (DCP 2005) do not provide controls specifically for boarding houses. Part 4 of DCP 2005 provides general principles for development including streetscape (s4.2.1), building form and massing (s4.2.3), building facades and articulation (s4.2.4), roof design (s4.2.5), visual and acoustic privacy (s4.3.2), solar access (s4.3.4), open spaces (s4.3.9).

7 State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP) was gazetted on 31 July 2009. The SEPP includes a savings provision which provides:

54 Savings and transitional provisions
(1) If a development application has been made before the commencement of this clause in relation to development to which this Policy applies and the application has not been finally determined before that commencement, the application may be determined as if this Policy had not been made.

8 The application was lodged prior to the gazettal of the SEPP but is consistent with its aims and provisions.

Evidence

9 The hearing commenced on site on 14 July 2009. The Court heard evidence form residents whose principle concerns were the provision of parking and whether the design and occupancy on the boarding house would result in adverse impacts on residential amenity.

10 The Court heard expert evidence from the Parties single experts: Mr B Newbold, urban design and Mr J Coady, traffic and parking.

11 Mr Newbold’s principle concern related to the internal amenity of the development, particularly solar access to the communal areas and cross ventilation to the bedrooms.

12 Mr Newbold was also concerned about the amenity of the rooms if they were to be used by two unrelated people due to their dimensions and configuration.

13 The applicant proposed amened plans, which addressed Mr Newbold’s concerns. The applicant also agreed to a condition, which would limit the occupancy to a maximum of 15 people with only two rooms being able to be used by couples.

14 These plans were renotified. The hearing resumed on 14 August 2009. Further objections from residents in response to the amended plans were tendered which maintained their concerns about parking and the social impacts of boarding house development.

Traffic and parking

15 LEP 2001 and DCP 2005 do not specify a parking requirement for boarding houses. Mr Coady estimated the rate to be 1 space/5 bedrooms which would result in a demand for three spaces. In addition, the caretaker, who will not live on site but will attend daily, would require 1 space, increasing the potential demand to 4 spaces. The proposal provides 2 spaces which represents a shortfall of 2 spaces.

16 In Mr Coady’s opinion, the shortfall of 2 spaces is not likely to have an adverse impact on the amenity of the area due to the availability of good public transport and on street parking outside the property and in the street. Mr Coady also supported the limitation on the number of occupants to 15, which would limit the demand for parking.

17 Mr Coady stated that the proposal would not result in any unacceptable traffic impacts on Kissing Point Road, that access and egress to the proposal was acceptable and that the parking would meet the demands of the development.

18 Mr Newbold considered the proposed 2 car parking spaces would have an acceptable impact on streetscape but was concerned that 3 spaces may not be acceptable unless adequate landscaping was provided to screen the parking. Mr Coady had not investigated the provision of 3 spaces but was concerned that there may not be sufficient area for 3 spaces and for cars to enter and exit in a forward direction.

19 I accept Mr Coady’s evidence that the 2 spaces are adequate to meet the parking demand of the development given the proximity of public transport, availability of on street parking and limitation of occupancy numbers. On street parking may be used by one resident and the caretaker on a casual basis and can easily be accommodated outside the property or in close proximity to the site.

20 In addition, the SEPP requires 1 space/10 rooms. The proposal therefore complies with the SEPP in relation to parking.

Streetscape and amenity

21 Mr Newbold considered the proposal had an acceptable impact on the streetscape. The proposal is domestic in scale and appearance. The setbacks, landscaping and hardstand parking are compatible with the character of residential development in the area. The proposal is in an “interface location” between the service station on the corner, the commercial use of the tennis courts and the residential development along Kissing Point Road. In Mr Newbold’s opinion the proposal is consistent with the objectives of the 2A Residential Zone.

22 Mr Newbold stated that the proposal would not adversely impact on residential amenity of the area. The amendments, including the relocation and reorientation of the communal areas and upper level terrace had removed any potential privacy impacts with the adjoining property at 477 Kissing Point Road and properties to the south.

23 The design of the proposal, limitation on the number of occupants, the proposed Plan of Management and conditions of consent would, in Mr Newbold’s opinion, limit any adverse impacts on the neighbourhood to an acceptable level.

24 Mr Newbold’s main concern with the original plans was internal amenity, particularly solar access to communal areas, cross ventilation in the bedrooms and their size for use by two unrelated people.

25 The amended plans and conditions have addressed Mr Newbold’s concerns and in his opinion provide significant improvements in relation to internal amenity.

26 I accept Mr Newbold’s opinion that the proposal is consistent with the residential character of the streetscape, provides acceptable internal amenity and will not impact on the amenity of the area in an unacceptable manner. The proposal is permissible within the 2A Residential Zone and is consistent with the objectives of the zone. The proposal also complies with the controls in the SEPP in relation to matters such as room size, provision of communal area, parking and solar access.

Other issues

27 Council and the residents raised concerns that there is no live in on site manager. It is proposed that the manager will live off site but attend the boarding house daily. There is no requirement for an on site manager or evidence that the boarding house will not operate in accordance with the proposed Plan of Management and conditions of consent. I note that the SEPP requires accommodation to be provided for a manager for boarding houses with 20 or more lodgers. I find that, given the evidence, it is not reasonable to require an on site manager nor would any other issues raised by the residents warrant refusal of the application.

28 The orders of the Court are:

1. The appeal is upheld.

2. The development application to demolish a single dwelling and to construct a two storey building for use as a 13 room boarding house with a maximum of 15 occupants with parking for two cars at 479 Kissing Point Road, Ermington, is approved subject to the conditions in Annexure A.

3. The exhibits, except Exhibits 1, 10, E, G and H, may be returned.

4. Leave is granted for the applicant to rely on amended plans.

5. Pursuant to s97B(2) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent’s cost that were incurred in respect of the assessment of, and the proceedings relating to, the original development application, as agreed or assessed.

__________________

Annelise Tuor
Commissioner of the Court
ljr

Annexure ‘A’

Conditions of Consent

Boyagi v Parramatta City Council


1. The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:


Drawing No	Dated
Site Analysis Plan – Dwg No. A1.01 Rev: A	March 2008
Proposed Site Plan and Areas Drawing No 1915-09-01A	July 2009
Proposed Ground Floor Plan Drawing No 1915-09-02A	July 2009
Proposed First Floor Plan Drawing No 1915-09-03A	July 2009
Proposed Roof Plan Drawing No 1915-09-04A	July 2009
Proposed Elevations- Sheet 1 Drawing No 1915-09-05A	July 2009
Proposed Elevations- Sheet 2 Drawing No 1915-09-06A	July 2009
Proposed Section A-A Drawing No 1915-09-07A	July 2009
Site Management Plan – Dwg No.A1.04 Rev: A	March 2008
Site and Roof Drainage Plan – Dwg No. 08MB3193/D01 Issue A	January 2008
Site Landscape Plan – Dwg No. 1933-1	10 April 2008




Document(s)	Dated
Management Plan	April 2008
ABSA Assessor Certificate	10 August 2008
Waste Management Plan	16 April 2008
BASIX Certificate	10 August 2009
Statement of Environmental Effects	April 2008
Schedule of Finishes	10 August 2009


2. No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.
Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5524.

Reason: To ensure the work is carried out in accordance with the approved plans.

3. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
Reason: To comply with the Environmental Planning and Assessment Act 1979, as amended and Environmental Planning and Assessment Regulation 2000.
4. Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans and documentation submitted with the Construction Certificate are to be amended to satisfy all relevant conditions of this Development Consent.
Reason: To ensure compliance with Legislative Requirements.
5. Demolition work shall be carried out in accordance with Australian Standards AS 2601-2001 Demolition of Structures and the requirements of the NSW WorkCover Authority.
Reason: To ensure appropriate demolition practices occur.
Prior to Issue of Construction Certificate
6. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. The applicant shall advise Council, in writing, of any existing damage to Council property before commencement of the development. A dilapidation survey of Council’s assets, including photographs and written record, must be prepared by a suitably qualified person and submitted to Council prior to the issuing of any Construction Certificate.
Reason: To ensure the restoration of damaged Council property.
7. Stormwater shall be gravity fed to Council’s nearest stormwater drainage line being Kissing Point Road in accordance with the provisions of AS3500.3.2. Details demonstrating compliance with this requirement are to be submitted with the Construction Certificate.
Reason: To ensure appropriate drainage and stormwater management on site to protect amenity of residents.
8. The parking dimensions, internal circulation, aisle widths, kerb splay corners, head clearance heights, ramp widths and grades of the car parking areas are to be in conformity with the current relevant Australian Standard AS2890.1 (2004), except where amended by other conditions of this consent. Details of such compliance are to be reflected on the Construction Certificate plans.
Reason: To ensure carparking complies with Australian Standards.
9. The Construction Certificate is not to be released unless the Certifying Authority is satisfied that the required levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 has been paid.
Reason: To ensure that the levy is paid.
10. Residential Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:
(a) In the case of work to be done by a licensee under that Act; has been informed in writing of the licensee’s name and contractor licence number; and is satisfied that the licensee has complied with the requirements of Part 6 of the Act, OR
(b) In the case of work to be done by any other person; has been informed in writing of the person’s name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purpose of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

Reason: To comply with the Home Building Act 1989.

11. Provision shall be made for access to the building on the site for persons with a disability in accordance with the provisions of AS 1428 Parts 1 and 4 prior to occupation. Particular attention should be given to tactile ground surface indicators for the orientation of people with vision impairment (AS 1428.4).
Reason: Equitable access for people with a disability.
12. The gradient for all disabled access ramps shall not exceed a maximum of one (1) (vertical) in fourteen (14) (horizontal) as per the requirements of Australian Standard AS1428.1 (2001) – Design for Access and Mobility – General Requirements for Access – New Building Work. The final design of the proposed disabled access ramps shall be reflected on the Construction Certificate plans.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
13. Toilet facilities shall be provided for disabled persons in accordance with the design criteria in AS1428.1 (2001) - Design for Access and Mobility - General Requirements for Access - New Building Work. This requirement shall be reflected on the Construction Certificate plans.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
14. The main entry point to the building shall be in accordance with the current relevant Australian Standard 1428 - 2001 Design for Access and Mobility - Part 1 General Requirements for Access -Buildings. The proposed pedestrian ramps within the car parking areas shall incorporate gradients (with suitable landing intervals) in accordance with the current Australian Standard. The final design of the pedestrian ramps, including ramp gradients shall be reflected on the Construction Certificate plans.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
15. The development is to be completed in accordance with the materials and colours indicated on the approved schedule of materials and finishes.
Reason: To confirm the details of the development application submitted.
16. The bathroom and toilet windows for each dwelling in the development shall be frosted or opaque glass. This requirement shall be reflected on the Construction Certificate plans.
Reason: To ensure privacy to these rooms is adequately maintained.
17. The House Rules provided for in Condition 45 and the Operational Plan of Management provided for by Condition 59 are to be submitted to the certifying authority to confirm that they comply with these conditions of consent and that they give effect to all appropriate conditions of consent.

In particular they are to regulate such matters as the keeping of pets, noise, cleaning of outdoor areas and general use of outdoor areas, and are to give effect to conditions 39 to 54. A copy of the House Rules approved by the Certifying Authority and Operational Plan of Management are to be submitted to Council.

Reason: To ensure the House Rules comply with these conditions.

18. A parking space that will allow a minimum of three bicycles to be secured protected from the rain is to be located behind the building line in the construction certificate plans. The space is to be used solely for that purpose.
Reason : to allow for the safe storage of bicycles

Prior to Work Commencing
19. A pedestrian and Traffic Management Plan must be submitted to and approved by Council prior to commencement of demolition and/or excavation. It must include details of the:
(a) Proposed ingress and egress of vehicles to and from the construction site
(b) Proposed protection of pedestrians adjacent to the site

(c) Proposed pedestrian management whilst vehicles are entering and leaving the site
(d) Proposed route of construction vehicles to and from the site, and
(e) The Pedestrian and Traffic Management Plan shall be implemented during the demolition and/or excavation period.

Reason: To maintain pedestrian and vehicular safety during construction.


20. A minimum of five (5) working days prior to any demolition work commencing a written notice is to be given to Parramatta City Council and all adjoining occupants. Such written notice is to include the date when demolition will be commenced and details of the principal contractors name, address, business hours contact telephone number, Council’s after hours contact number and the appropriate NSW WorkCover Authority licence.
Reason: To protect the amenity of the area.
21. Prior to demolition commencing, either the Principal Certifying Authority or Council’s building surveyor must inspect the site. Should the building to be demolished be known or suspected by reason of the buildings age or otherwise to be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until the PCA and/or Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council's current fee schedule.
Reason: To ensure proper handling, storage, transport and disposal of asbestos materials.
22. The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.
Reason: To ensure public safety.
23. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:-
(a) Stating that unauthorised entry to the work site is prohibited;
(i) Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
(ii) Showing the name, address and telephone number of the Principal Certifying Authority for the work.
(b) Any such sign must be maintained while building work or demolition work is being carried out, but must be removed when the work has been completed.
(c) This condition does not apply to building works being carried out inside an existing building.

Reason: To comply with statutory requirements.

24. Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must:
(a) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and
(b) Notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two (2) days notice is required).
The Principal Certifying Authority must determine when inspections and compliance certificates are required.

Reason: To comply with legislative requirements.

25. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site see Your Business then Building and Developing then Building and Renovating or telephone 13 20 92. The Principal Certifying Authority must ensure the plans are stamped by Sydney Water prior to works commencing on site.
Reason: To ensure the requirements of Sydney Water have been complied with.
26. Prior to work commencing, toilet facilities are to be provided, at the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 person employed at the site.
Reason: To ensure adequate toilet facilities are provided.

27. Erosion and sediment control devices are to be installed prior to the commencement of any demolition, excavation or construction works upon the site. These devices are to be maintained throughout the entire demolition, excavation and construction phases of the development and for a minimum three (3) month period after the completion of the project, where necessary.
Reason: To ensure soil and water management controls are in place before site works commence.

28. Any damage to Council assets that impact on public safety, during construction, is to be rectified immediately to the satisfaction of Council at the cost of the developer.
Reason: To protect public safety.
During Work
29. A copy of this development consent, stamped plans and accompanying documentation is to be retained for reference with the approved plans on-site during the course of any works. Appropriate builders, contractors or sub-contractors are to be furnished with a copy of the notice of determination and accompanying documentation.
Reason: To ensure compliance with this consent.

30. The applicant shall record details of all complaints received during the construction period in an up do date complaints register. The register shall record, but not necessarily be limited to:
(a) The date and time of the complaint;
(b) The means by which the complaint was made;
(c) Any personal details of the complainant that were provided, or if no details were provided, a note to that affect;
(d) Nature of the complaints;
(e) Any action(s) taken by the applicant in relation to the compliant, including any follow up contact with the complainant; and
(f) If no action was taken by the applicant in relation to the complaint, the reason(s) why no action was taken.
The complaints register shall be made available to Council upon request.

Reason: To record and action complaints appropriately.


31. Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority’s Environmental Noise Manual and the Protection of the Environment Operations Act 1997.
Reason: To protect the amenity of the area.

32. No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council's footpath, nature strip or roadway.
Reason: To ensure pedestrian access.

33. Waste disposal shall be conducted in accordance with the approved waste management plan.
Reason: To ensure appropriate waste disposal.

34. Dust control measures shall be implemented during all periods of earth works, demolition, excavation and construction in accordance with the requirements of the NSW DEC. Dust nuisance to surrounding properties should be minimised.
Reason: To protect the amenity of the area.

Prior to Issue of Occupation Certificate
35. Any new hot water system is to achieve a minimum 3.5 star rating. Certification demonstrating compliance must be submitted to the certifying PCA prior to the release of the occupation certificate.
Reason: To ensure energy efficiency and compliance with DCP2005.
36. All water fixtures to be installed are to be rated to AAA standard. Certification demonstrating compliance must be submitted to the certifying PCA prior to the release of the Occupation Certificate.
Reason: To minimise future water consumption and ensure compliance with Parramatta Development Control Plan 2005.
37. In accordance with clause 162B of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the Principal Certifying Authority, the Principal Certifying Authority is to forward a copy of all records to Council.

The record must include details of:
(a) the development application and construction certificate number;
(b) the address of the property at which the inspection was carried out;
(c) the type of inspection;
(d) the date on which it was carried out;
(e) the name and accreditation number of the certifying authority by whom the inspection was carried out; and
(f) whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out.

Reason: To comply with legislative requirements.

38. Where Council is not the Principal Certifying Authority, a copy of any compliance certificates and or records of inspections received by the PCA shall be forwarded to Council prior to occupation or commencement of the use.
Reason : To ensure maintenance of adequate records
39. Occupation or use, either in part of full, shall not to take place until an Occupation Certificate has been issued. The Occupation Certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with.


Where Council is not the Principal Certifying Authority, a copy of the Occupation Certificate together with registration fee must be provided to Council.

Reason : To ensure compliance with the conditions

Use of the Site
40. Other than in respect to Bedrooms 8 and 13 (which may only be co-habitated by two intimate persons sharing a double bed), the boarding house rooms shall be limited to a maximum occupancy of one person. Given this, the maximum occupancy of the boarding house is limited at any one time to 15 residents

Reason: To control the intensity of the development.
41. The outdoor areas shall be confined to a curfew of no later than 10.00pm and no earlier than 6.00am.

Reason: To protect neighbour amenity.
42. A 24-hour phone number shall be supplied to each occupant so that contact may be made with the manager.

Reason: To ensure proper management of the premises.
43. The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number.

Reason: To ensure proper management of the premises.
44. The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should one or more occupant be diagnosed as having a disability.

Reason: Legislative requirement.
45. That the manager shall maintain a computer record of all residents with details of their names, length of stay, number of persons in each room, and that such record shall be retained for two years for inspection on demand by Council or any other regulatory authority.

Reason: To ensure that appropriate records are kept.
46. All residents in the boarding house are to sign a lease or licence agreeing to comply with the House Rules (as approved by the certifying authority provided for in condition 17), with the length of the lease to be determined by the management on the explicit understanding that accommodation is not to be provided on a temporary basis to persons on recreational pursuits. The length of lease considered appropriate is to be not less than 3 months.

Reason: To ensure that appropriate records are kept.
47. The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas.

Reason: To ensure tenant amenity.
48. Individual rooms are to be restricted to plug-in appliances such as microwave oven, toasters, kettles and the like.

Reason: Fire safety.
49. The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

Reason: To ensure proper management of the premises.
50. No fire, candles or naked flames are permitted within individual rooms – this includes smoking.

Reason: Fire safety.
51. Any advertisement for the boarding house shall clearly state that it provides a principal place of residence for residents, and not temporary stay accommodation for persons on recreational pursuits, with any tariffs displaying cost per week or month not a daily rate.

Reason : to ensure compliance with the terms of the consent

52. Dining shall be encouraged within one of the ground floor internal common areas, so as not to isolate residents.

Reason: To ensure suitable amenity for occupants.
53. The kitchen shall be made available for residents 24 hours per day, 7 days per week and the applicant shall ensure that basic facilities in good working order are provided, including, but not limited to:

• a large refrigerator;
• a regular and a microwave oven;
• dishwashing facilities;
• waste disposal;
• personal hygiene (soap, paper towels and the like);
• food storage space;
• a bench top for food preparation.
Reason: To protect the amenity of boarding house residents.
54. In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:
• Wardrobe;
• Mirror;
• Table & Chair;
• Small bar fridge;
• A night light or other approved illumination device for each bed;
• Coffee and tea making facilities;
• Microwave oven (no other cooking facilities to be provided in the bedrooms);
• Waste container;
• An approved latching device on the door;
• Curtains, blinds or similar privacy device;
• A phone line.
All room furnishings shall be detailed in the Plan of Management.

Reason: To provide suitable amenity for occupants.

55. That each occupant shall be furnished with a set of House Rules approved by the Certifying Authority .
Reason: To ensure that the amenity of the surrounding area and for boarding house residents is maintained.
56. A copy of the House Rules shall be placed in prominent locations on the site, including in all communal areas, behind doors in bedrooms, and upon the rear façade of the dwelling, in order to familiarise residents of the boarding house with acceptable activities .
Reason: To ensure that residents of the boarding house are familiar with the local house rules.
57. Any advertising of the property shall clearly state that it provides a principle place of residence for residents and not temporary stay accommodation for persons on recreational pursuits, with tariffs displaying cost per week or per month, not per night.

Reason: To ensure compliance with the terms of this consent.
58. Doors to the kitchen and common areas are to be clear glazed.

Reason: Safety reasons.
59. All lighting on the site shall be designed to ensure no adverse impact on the amenity of surrounding residential development by light overspill. Lighting shall comply with Australian Standard 4282-1997: Control of the Intrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding residents.
60. An operational plan of management in one complete document shall be submitted prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as:
- minimisation of anti-social behaviour;
- site security;
- noise management;
- lighting;
- fire safety;
- Keeping of pets
- Cleaning of communal areas on at least a twice weekly basis
- any other management/operational issue raised by these conditions of consent.

Reason: To ensure that management details are contained in one document.
61. Smoke alarms must be installed on or near the ceiling in every bedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building.

Reason: In order to comply with the requirements of Part 3.7.2.4 of the Building Code of Australia (Location).
62. The applicant shall supply a single bed for each single occupancy room (including base, a mattress with a minimum dimension of 800mm x 1900mm and a mattress protector).
Reason: To ensure suitable amenity for occupants.
63. The premises shall comply with fire safety regulations pertinent to a Class 3 building, being a boarding house with greater than 12 occupants.
Reason: To comply with the BCA.

64. In relation to the laundry, the following are to be provided:

o One 5kg capacity automatic washing machine and one domestic dryer;
o At least one large laundry tub with running hot and cold water; and
o 30 metres of clothesline in an outdoor area (can be retractable).
Reason: For the amenity of occupants.

65. The applicant/developer shall contact Council’s Waste Unit to discuss the provision of a 240 litre bin for the collection of waste and the provision of a 240 litre bin for recycling. Services over and above the frequency and volume provided by Council shall require a private contracting service.
Reason: To ensure adequate waste removal.

_____________________
Annelise Tuor
Commissioner of the Court
ljr