Deakin v Hunters Hill Municipal Council
[2004] NSWLEC 112
•08/02/2004
Land and Environment Court
of New South Wales
CITATION: Deakin v Hunters Hill Municipal Council [2004] NSWLEC 112 revised - 3/09/2004 PARTIES: APPLICANT
RESPONDENT
Lisa Deakin
Hunters Hill Municipal CouncilFILE NUMBER(S): 10590 of 2004 CORAM: Hoffman C KEY ISSUES: Appeal :- alterations and additions
height
bulk and scale
landscaping
heritage
streetscapeLEGISLATION CITED: Environmental Planning and Assessment Act 1979
Hunters Hill Local Environmental Plan No. 1CASES CITED: DATES OF HEARING: 30/07/04 DATE OF JUDGMENT: 08/02/2004 LEGAL REPRESENTATIVES:
APPLICANT
Mr M. Deakin, solicitor
MIDDLETONS SOLICITORSRESPONDENT
Ms K Gerathy, solicitor
ABBOTT TOUT
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESHoffman C
2 August 2004
JUDGMENT10590 of 2004 Deakin L –v- Hunters Hill Council
1 This was a class 1 appeal 04/10590 Lisa Deakin v Hunters Hill Council in regard to the refusal of consent for alterations and additions to 24 Sunnyside Street, Gladesville. The matter was dealt with by way of an on-site hearing.
2 In attendance were:
- Kirsten Gerathy, solicitor for the council from Abbott Tout, and
- Mr Murray Deakin of Middletons Solicitors representing the applicant.
3 The council’s witnesses were:
- Mr Shahram Mehdi Zadgan, development control officer of Hunters Hill Council,
- Mr Steve Kourepis, manager of development of environment Hunters Hill Council, and
- Mr Greg Patch, consultant heritage architect and town planner to the council.
4 The applicant’s evidence was heard from:
- Ms Lisa Deakin, the applicant, and
- Mr Darryl Mete, the architect.
There were no objectors to the proposal.
5 The issues were:
1. The existing dwelling is listed as a contributory item within a conservation area. The dwelling presently forms part of a uniform group of Inter-War dwellings of predominantly single storey and modest scale with simple roof forms.
2. The proposed first floor addition introduces a “pop top” element, which due to its height, bulk and width and additional roof forms will be visible and overly dominant, both in terms of the existing cottage and the streetscape.
3. The proposed north eastward extension to the ground floor level contributes to the overly bulky appearance of the proposed additions.
4. For the reasons described in issues 1 to 3 above the proposed development would;
i. adversely impact on the character and significance of the conservation area and contributory items in the vicinity,
ii. be inconsistent with objective 2(b3) of the Hunters Hill Local Environmental Plan 1,
iii. be inconsistent with cl 4.7 of Development Control Plan 15 relating to conservation areas.
5. For the reasons described in issues 1 to 3 above the proposed first floor addition proposed north-eastward extension to the ground floor level and the elimination of the side access to the rear of the site for car parking services is incompatible with the existing character and scale of the adjoining properties and the streetscape.
6. For the reasons described above the proposed development is inconsistent with the objectives and provisions of Development Control Plan 15 , in particular cl 3.1(b), 3.2(a)(i) and 3.2(c)(v) and ( ix) relating to design parameters and cl 3.3(a) relating to preferred design elements and cl 7.2.1(a), (b), (d) and (e) in terms of the objectives of the set back controls.
8. Viable design alternatives exist to amend the proposal, which will provide for an increase in floor space, including the first floor addition for the applicant with a lesser bulk and scale and width, which will minimise the adverse impact on the significance of the conservation area and improve the compatibility of the proposal with the low scale predominantly single storey development in the streetscape.7. The landscaping plans submitted with the application, is wholly inadequate and proposes inappropriate species along the north and west boundary, the north eastern boundary and the southern boundary. The selection of species does not adequately address the need for boundary screening or privacy screening around the proposed pool. No regard has been had to the appropriate landscape species identified in appendix 3 of the Development Control Plan.
6 Mr Patch’s report in exhibit 6 was the only heritage report prepared under the Court’s rules for expert evidence, although the applicant had prepared an expert report which was lodged with the original application.
7 The Court was shown in exhibit F and by inspection from the street various houses in Sunnyside Street and Hillcrest Street, that were part of the conservation area.
8 Seven out of fifty houses in Sunnyside had two storey extensions most of them “rooms in the roof” style, although some were extensions at the rear so that the original single storey house was clearly identifiable at the street front.
9 Some had driveways and garages, some did not, some had a parking area or a carport in the front set back. Some had deep front set backs with a garage set in the front garden further from the street than neighbouring houses.
10 Although the existing house had a driveway and a demolished garage at the rear, the proposal had chosen to have only a single car park in the front set back, and to make the rear extensions intrude into the existing driveway.
11 It had adopted a contrasting style of extension to the Californian Bungalow existing house, but the extension was located at the rear of the existing house so it was clearly identifiable.
12 The two storey section was in the centre of the new house footprint and was a master bedroom and study and en-suite component. The rear section of the extension was single storey with a swimming pool adjacent the back fence.
13 Considerable emphasis was placed by the respondent on Development Control Plan 15 and the need for extensions to existing heritage contributory items to be sympathetic, without the need to imitate or compete with the host house, or others in the conservation area.
14 Nearly, all the houses in Sunnyside Street and Hillcrest Street were contributory items, some were heritage items.
15 The applicant stressed that the proposal complied with all numeric controls and statutory requirements and the respondent agreed with that. The issues therefore could be summarised as being about the character of the design and its fit into the conservation area.
16 The respondent emphasised that most of the other house extensions in the street had been approved before DCP 15 was adopted by council and that they should not necessarily be taken as precedents. There was some emphasis on approvals since the adoption of Development Control Plan 15 of which there were three, being No.s 45 Sunnyside and 40 and 48 Hillcrest.
17 It was interesting to the Court that the respondent’s heritage evidence largely went to design elements that were best illustrated by the two storey additions “pre-Development Control Plan 15”. They adopted styles that followed fairly closely to the form and features of the Californian Bungalow style translated into two storey, either by “rooms in the roof” or pavilions with similar roof pitches, roof forms, roof and wall materials, timber windows of vertical proportions, et cetera.
18 The three recent consents by council were different in that the roof forms were not so similar to the Californian Bungalow style, some having transverse ridges parallel to the street, whereas most houses had hipped or gabled roofs with ridges at right angles to the street, or peaked roofs that gave a similar visual appearance from the front. The recent approvals all had placed the two storey extension at the rear or close to the rear of the existing house as did the proposal, that principle was a favoured design option in Development Control Plan 15.
19 A height pole was used to indicate to the Court the position and wall height of the proposed two storey section at 24 Sunnyside and the Court was able to view this from various positions nearby.
20 No.s 40 and 48 Hillcrest could be said to have their extensions quite obvious from the street, probably more so than the proposal would be, or, from more observation points.
21 No. 48 had adopted materials similar to the original house and had a roof form similar to the existing house that involved a short ridge parallel to the street with finials on both ends.
22 No. 40 had adopted different roof materials to the host house and did have a roof ridge running parallel to the street. Nevertheless the extensions did have brick walls and matching colours and timber windows with vertical proportions, although they were set in a wide opening that the paint colour tended to emphasise, rather than the windows themselves. One could say the featured lintel did have a relationship to the Federation and Californian Bungalow heavy lintel features above windows, and the roof pitch of the extension was similar to the host house and in a recessive colour.
23 No. 45 Sunnyside had a quite low second storey addition at the rear and it used roof and wall and other materials and pitches similar to the existing house, but it was still visible from the street.
24 The explanation for this was that No. 43 was an approval by council for a similar extension at the rear prior to DCP 15, and No. 45 was adjacent that. Plus, No. 47 that is on the corner with Isler Street, was an original house and it had a main ridge running parallel to Sunnyside, also at about the same set back as the similar ridges on No. 43 and No. 45. As a result the respondent’s evidence was, there was harmony.
25 While the Court was first inclined to consider the respondent’s submissions on the proposal and give them considerable weight, the observation of council’s other approvals in the same conservation area since the adoption of Development Control Plan 15 gave weight to the applicant’s evidence also.
26 The respondent’s evidence was that there were two dimensions to the fit of any design into a conservation area. There was the fit into the whole street and the fit with the immediately adjoining houses. The respondent’s evidence indicated that the applicant had acknowledged the whole street context, but not the immediate neighbouring houses, especially No. 26 which was a very similar house although not quite the same as No. 24, the subject property.
27 The applicant drew attention to No. 22 that had alterations and additions sometime in the past that did not fit the context very well at all. The Court did not think that house could be taken as a precedent.
28 But, there was merit in the proposal. It had located the extensions well to the rear, the design had sought to use a contrasting style however, but it had the effect of clearly identifying the original house, which was a principle sought in Development Control Plan 15. It was said that the design of the rear extension was drawn from Zen philosophy that emphasises horizontality as a restful feature.
29 In summary it seemed to the Court that the proposal by being well set back from the street and preserving the existing house and renovating it more or less as original would retain its contribution to the conservation area. The proposed rear extensions would only be seen when a little each side of the driveway in Sunnyside Street, after that other houses and vegetation would prevent its observation. Therefore it would be less visible in the streetscape from most places than other recent consents by council.
30 The applicant was adopting aluminium windows and cement rendered concrete blockwork with a low pitched corrugated iron roof and wide eaves. The roof, although of a lower pitch than the existing, had exposed rafter ends and eaves to match the existing house.
31 The roof of the extension would hardly be seen from the street due to the site being on the high side of the road, so the roof would read as a strong horizontal eave line parallel to the street compared to most houses having a gabled or hipped form. The proportions and materials of the aluminium windows seen from the street were not in the Court’s opinion and Mr Patch’s evidence sympathetic to the conservation area. They drew unnecessary attention to the extension rather than it sitting unobtrusively at the rear.
32 It was put that the proposed colours, and screen vegetation in the front set back, and side set backs would soften the extensions further. The applicant identified the colours and materials and the respondent accepted them.
33 Although the Court was at first concerned about the deletion of the rear drive access, the non-existence of driveways to the rear on quite a few houses in the street, and the use of the street front set back for car parks could not be ignored. It was part of the heritage value of the street, in that it demonstrated the period of construction when cars were a relatively new invention, and not everybody had a car, or provided for having one in the future. There was ample on-street parking, it was not an issue in the case.
34 The Court shares the council’s concerns that the absence of garaging in this design may give rise in the future to another owner wanting a garage or carport, maybe even for two cars.
35 If a carport was later needed, council could consider that it may perhaps be erected behind the front set back of the house in the space of the existing drive or beneath the old front verandah, now called, Study 2. This may be possible due to the uphill position of the house.
36 Mr Patch did not raise the loss of the driveway to the rear as a major concern, so the Court assumes that some acceptable solution to that matter could be found in the future if it arises.
37 In assessing the visibility of the extension from the street the Court was given a montage in exhibits D and F. From the erection of the height poles previously referred to, and the heights of which being agreed by both parties as accurate, the Court concluded the montage as seen from opposite the site’s driveway did not show the proposal high enough.
38 The Court concluded that the proposal, when seen, would unnecessarily create a competing design style to the predominant Californian Bungalow style of the conservation area. The Court already being a little concerned about the ultimate housing of cars on the site, came to the conclusion that, as proposed, the design would not achieve the harmony sought by the statutes and the Development Control Plan with neighbouring houses and the “whole of street” context.
39 The respondent put some conditions and reasonably accurate sketch drawings before the Court in exhibit 9 that would amend the roof form of the second storey addition and some of the windows, but not the rear ground floor extension. The floor plan would remain almost unchanged. The respondent put that it would form a suitable basis for a deferred commencement consent if the Court so chose.
40 The applicant in reply to the submissions pressed the original design as acceptable, but if the Court chose exhibit 9 there was concern the spring height of the second storey roof was too low at 1.8 m, as the applicant’s husband was that height. Mr Patch agreed a spring height of 2.1 m would not noticeably affect the appropriate conservation area fit of the design being successful. The spring line could become RL38.35.
41 Overall the Court has concluded that the exhibit 9 amendments lower the eave line and create a sympathetic roof form and windows as seen from the street. The apex of the roof will be a little higher than the proposal, but because of the pitch will have less bulk as seen from the street due to the eaves height will be lower. The apex being at a point location only, does not give the same visual impact as a long horizontal form that the proposal would have done. Also the apex is set back another 3 m from the street on the plan of the second storey additions, and that creates a double gable form that further breaks down the scale and massing of the extensions. In effect the apex of the roof will probably appear to be lower down than the long horizontal eave line would have done.
42 The second storey study window in exhibit 9 facing towards No. 22 will only give a view to the latter’s roof and poses no privacy concerns.
43 The landscape plan lodged with the development application was indicative only and the respondent agreed a final landscape plan could be achieved by a condition of consent.
44 Overall the Court has concluded that with the amendments of exhibit 9 the proposal becomes acceptable in the conservation area, but the original design was not, and therefore the orders of the Court are:
1. The appeal is upheld.
2. Deferred commencement consent is granted for a part 2-storey, part 1-storey additions and alterations to No. 24 Sunnyside Street, Gladesville, with swimming pool as in Project No. 30001 Drawing Nos. E.00A, D.01A, D.02A, A.01A, A02B, A03B, A04B, A05B, A06A and A07A by Darryl Mete, and landscape plans all as amended by the conditions and sketch plans in Exhibit 9 of this appeal as set out in Part A of Annexure “A” and as further amended by and in accordance with the conditions in Part B of Annexure “A” hereto.
3. The exhibits are returned to the parties except Exhibits 6, 7, 9, A, C and D.
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18
Annexure “A”
Conditions of Deferred Development Consent
Lisa Deakin v Hunters Hill Municipal Council
24 Sunnyside St, Hunters Hill
DA No.03-1163
PART A
1. That a deferred commencement consent be granted pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979. The development consent as contained in Part B shall not operate (or be issued) until such time as amended plans in accordance with the requirements of Part A are satisfied.
2. That the ceiling of the first floor level be reduced in height to a pitching point of 2.1 m at RL 38.35 and the form and the pitch of the roof be altered to match the roof pitch of the existing dwelling house as shown on the amended plans prepared by HBO + emtb Heritage Pty Ltd, sketch 2 dated 5 July 2004, sheets 1 to 6 (as attached).
3. That the fenestration to the south-western and south-eastern elevations at the proposed first floor level be vertically proportioned and altered as shown on the proposed plans prepared by HBO + emtb Heritage Pty Ltd, sketch 2 dated 5 July 2004, sheets 2 and 4 (as attached).
- NOTE: Compliance with Part B conditions may require further amendment of the plans, so for efficiency those requirements should be incorporated also in the amended plans the subject of Part A to be forwarded to Council under s 95 of the Regulations.
PART B
1. The works set forth in the plans and specifications and approved under this consent, once commenced, shall be completed within two (2) years from the date of commencement.
2. Prior to the commencement of any work, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder who intends to carry out the approved works.
3. It is a condition of consent that the applicant, builder or developer or person who does the work on this residential building project arrange the Builders Indemnity Insurance and submit the Certificate of Insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Council for endorsement of the plans accompanying the Construction Certificate. It is the responsibility of the applicant, builder or developer to arrange the Builder’s Indemnity Insurance for residential building work over the value of $12,000 and to satisfy the Council or other Principal Certifying Authority by the presentation to the necessary Certificate of Insurance so as to comply with the applicable requirements of Part 6 of the Home Building Act 1989. The requirements for the Builder’s Indemnity Insurance does not apply to commercial or industrial building work less than $12,000, nor to work undertaken by persons holding an Owner/Builder’s Permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the of the work).
4. Pursuant to the provisions of the Environmental Planning & Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two (2) years after the date of approval.
5. All kerbs, gutters, roads and footpath being protected throughout the building operations as required by the Principal Certifying Authority. No obstruction being caused to pedestrian use of Council’s footpath area or vehicular use of Council’s roadway area during building operations.
6. Roofwaters and surface stormwaters from paved areas being collected and connected into the existing stormwater disposal system.
7. Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of a construction certificate by Council or accredited Private Certifier payment of a Security Deposit of $1050.00. This amount may vary after 1st July 2001. The deposit is required as a security against damage to Council property during works on the site, and to ensure compliance with Conditions of Consent and installation of environmental controls.
8. The works shall be erected in conformity with the approved plans and any approved specifications and in accordance with the conditions of approval. Alterations, modification or variations to these plans or specifications requires the prior formal approval of Council.
Note: Changes required to facilitate engineering requirements are subject to the prior formal approval of Council (fresh development consent or section 96 application).
9. For the purpose of ensuring the compliance with the terms of the approval, an approved copy of the plan and this Consent and Construction Certificate shall be kept on site at all times.
10. For the purpose of safety and amenity of the area, no building materials, plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.
11. HOURS OF WORK: For the purpose of residential amenity, noise generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 6.00pm Saturdays: 7.00am to 1.00pm. Sundays and Public Holidays: Not Permitted. Non-offensive works where power operated plant is not used including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, magnesite flooring, painting, building or site cleaning by hand shovel and site landscaping, or such work as approved by Council’s Manager Development and Environment is permitted between the hours of 1.00pm-4.00pm Saturdays. Manual works such as painting, landscaping, site cleaning by hand etc. may be permitted outside these hours subject to there being no nuisance to the amenity of neighbours.
Note
:
1. That the Protection of the Environment Operations Act, 1997 may preclude the operation of some equipment on site during these permitted working hours.
2. The use of rock breaking machinery will only be permitted if they cause no structural damage to surrounding properties.
12. All building materials, spoil, debris and other material arising from the carrying out of building work, shall be contained wholly within the allotment boundaries. Such accumulation is to be properly disposed of at regular intervals to the satisfaction of Council and Principal Certifying Authority.
13. No filling of any part of the site, whether with materials arising from site operations or otherwise shall be carried out without the prior, written consent of the Council.
14. No materials whatsoever arising from the carrying out of building activities shall be burned on the site. Delivery dockets of evidence of the deposit of excavation material shall be produced upon request by Council’s Officer.
15. All work shall be carried out in a good and workmanlike manner in accordance with the approved plans and specifications, and in accordance with all relevant provisions of the Building Code of Australia 1996.
16. Prior to commencing any construction works, the following provisions of the Environmental Planning & Assessment Act, 1979 (the 'Act') are to be complied with:
b) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act (Form 7 to be completed available from Customer Service).
Council is to be notified at least two (2) days of the intention to commence buildings works, in accordance with Section 81A(2)(c) of the Act.
17. The applicant may nominate the Council or an Accredited Private Certifier as the authority who will issue the Construction Certificate. The Principal Certifying Authority (nominated by the applicant) shall monitor compliance with the approval and issue any relevant documentary evidence, certificates or orders to comply.
Council Officers can provide these services for a nominated fee and further information can be obtained by telephoning Customer Services on 9879 9400.
18. The building works are to be inspected by the Principal Certifying Authority (PCA) during construction. The Council (if nominated as the PCA) shall be requested to inspect the following stages of work to ensure compliance with the relevant terms of the approval/standards of construction detailed in the Building Code of Australia 1996, prior to proceeding to the subsequent stages of construction, encompassing not less than the following stages:
a) All sediment and erosion control and tree protection measures and installations in place on the site prior to the commencement of any earthworks, excavations or other work.
b) Any pier holes (if pier holes are required to accommodate components of this structure).
c) Any foundation material before the placement of any component of this structure.
d) Trenches and pier holes with reinforcing steel in position but before concrete is poured (if components of this structure).
e) All reinforcement of floors, slabs, columns, beams and stairs (if components of this structure).
f) Any structural components (i.e. timber framework, structural steelwork or the like) before fixing any lining or covering.
g) Any drainage lines including any agricultural subsoil drainage lines (if these are a component of this project) prior to any covering or filling.
i) The completed structure ready for Occupation Certificate.h) The completed landscape works in accordance with the approved plans.
If inspections are to be carried out by Council, 48 hours written notice is required by Council's Development and Environment Department, by telephoning Customer Service on 9879 9400 during business hours (8.30am to 4.30pm) or by facsimile on 9809 7338.
Please note: Inspections of work, which is found to be defective or not complete attract a re-inspection fee of $80.00, which is to be paid prior to re-inspection. Please cancel bookings at least 12 hours prior to the requested time.
19. All construction work is to be strictly in accordance with the approved Reduced Levels (R. L.’s)
20. To ensure compliance with this determination the height of the uppermost ceiling level is not to exceed 7.2 metres from existing ground level when measured at any point beneath that ceiling, in accordance with Hunters Hill Local Environmental Plan No.1 (as amended).
21. To ensure structural stability where excavation extends below the level of the base of the footings of a building on the adjoining allotment of land, full details prepared by a suitably qualified person showing method of protection of such building from damage to be submitted to the Principal Certifying Authority with the application for a Construction Certificate.
If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the provisions of Clause 78D of the Environmental Planning & Assessment Regulation, 1998, must be complied with.
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22. Where an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made shall, at their own expense:
a) Preserve and protect such building from damage; and
b) If necessary, underpin and support such building in an approved manner.
The person causing the excavation referred to in sub-condition (a) shall, seven (7) days before excavation below the level of the base of the footings of a building on an adjoining allotment of land, give notice of their intention to do so to the owner of the adjoining allotment of land and shall, at the same time, furnish to such owner particulars of the work they propose to do.
Note: Details of any underpinning works, prepared and certified by a Practising Structural Engineer, shall be submitted with the Construction Certificate.A copy of the letter is to be submitted to the Principal Certifying Authority for evidence of compliance with the above condition prior to commencement of excavation.
23. All concealed downpipes are to be constructed of copper or other non-corrosive material.
24. All plumbing, soil and waste pipes of the building are to be provided in internal ducts.
25. All balconies (above 2 storeys) are to be waterproofed and graded and drained to an internally concealed drainage system.
26. To ensure structural stability, details in duplicate of footings/slabs designed in accordance with the relevant Australian Standards and appropriate design technique relevant to the conditions, topography and soil classification are to be submitted with the application for a Construction Certificate. The following information shall be detailed and lodged with the submission.
a) Name, address and qualifications of the Classifier.
b) Site classification.
c) Selected footing system.
d) Any additional requirements which the designer may impose.
e) The site drainage details for reactive sites or sites with more than 0.6 metre slope across the area to be occupied by the building.
The Principal Certifying Authority shall instruct the consulting Structural Engineer to design details that comply with the approved plans and conditions of consent. Any variations required to the approved plans as a result of engineering requirements are to be confirmed in the architectural plans and approved by Council. In this regard, a Section 96 application under the provisions of the Environmental Planning and Assessment Act 1979 to amend the approved development consent shall be submitted to Council and approved prior to any works commencing . It may be necessary to lodge a fresh development application if the changes create a structure which is not substantially the same development as the original approval.
27. To ensure structural stability engineer's details (in duplicate), prepared by a qualified practising Structural Engineer, of all structural works are to be submitted with the application for a Construction Certificate. The nominated structural engineer must be a current member of the Australian Institute of Engineers.
28. A Compliance Certificate or documentary evidence, prepared by a qualified practising structural engineer, of the structural adequacy of the existing building to support the additional loading is to be submitted to the Principal Certifying Authority with the application for a Construction Certificate.
29. To ensure structural stability, all timber members shall comply with the requirements of the National Timber Framing Code AS 1684-1999.
30. To ensure structural stability no drainage line work or household services shall pass through the new footings (ie sewer, stormwater drainage lines, gullies, electrical, water and gas piping) unless designed or certified by a Practising Structural Engineer. Such certification or design details shall be submitted to the Principal Certifying Authority prior to commencement of work on site.
31. For the purpose of health and amenity all areas below finished surface level to be damp-proofed so as to prevent the entry of moisture through walls or floors. Details shall be submitted with the application for a Construction Certificate.
32. For the purpose of health and amenity the concrete floors to all habitable rooms are to be damp-proofed with an independent membrane, so as to prevent the entry of moisture through the concrete floors. The builder or owner builder shall furnish the Council (if nominated as the Principal Certifying Authority) a certificate that the installation complies with AS 3740 - Waterproofing of Wet Areas in Residential Buildings and Part 3.8.1 – Wet Areas of the Building Code of Australia 1996 – Housing Provisions prior to issue of an Occupation Certificate.
33. For the purpose of health and amenity the external walls of the building shall be so constructed as to prevent the penetration of moisture to the inner parts of the building to the satisfaction of the Principal Certifying Authority.
34. For the purpose of health and amenity the existing external brickwork is to be cut to provide a cavity so as to prevent the penetration of moisture to the internal brick wall.
35. All wet area floors are to be properly graded and drained to a floor waste to prevent the accumulation of water in accordance with Part 3.8.1.3 to 3.8.1.6 of the Building Code of Australia Housing Provisions.
36. A minimum 75mm step down being provided from the internal floor levels to the finished external balcony levels for weather proofing/flashing.
37. For the purpose of health and amenity, ceiling height shall comply with Part 3.8.2.2 of the Building Code of Australia Housing Provisions.
38. To ensure structural stability, all structural timber members subject to weather exposure shall have a durability class rating of 2 or better in accordance with AS 1684-1992 National Timber Framing Code, or be preservative treated in accordance with Australian Standard 1604-1980 (Preservative Treatment for Sawn Timbers, Veneers and Plywood).
39. Framed panels or doors enclosing or partially enclosing a shower or bath, and windows above a shower or bath within 1.5 metres of the base of the shower or bath, shall be Grade "A" or "B" safety glazing in accordance with Section 5 of Australian Standard 1288-1989 (Glass in Buildings - Selection and Installation).
All other glass doors, side panels and partitions shall be provided with safety glazing in accordance with Section 5 of Australian Standard 1288-1989 (Glass in Buildings - Selection and Installation) or AS 2047 (Glass in buildings – Selection and Installation; and Windows in Buildings – Selection and Installation). Evidence of compliance being provided prior to the issue of an Occupation Certificate.
40. For the purpose of safety and convenience a balustrade of 1.0 metre minimum height shall be provided to any landing, verandah, balcony or stairway of a height exceeding 1.0 metre above finished ground level. The design may consist of vertical or horizontal bars but shall not have any opening exceeding 125mm. To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
41. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions:
Stairs (other than spiral) Risers: Maximum 190mm Minimum 115mm Going (Treads): Maximum 355mm Minimum 240mm Stairs (spiral) Risers: Maximum 220mm Minimum 140mm Going (Treads): Maximum 370mm Minimum 210mm
Note: Stairs (other than spiral) dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. Dimensions for spiral stairs of two (2) Risers and one (1) going equalling a maximum of 680mm and a minimum of 590mm. The Risers and Goings shall be uniform throughout the length of the stairway. Evidence of compliance with Part 3.9.1 of the Building Code of Australia being submitted to the Principal Certifying Authority prior to issue of the frame Compliance Certificate.
42. For the purpose of water conservation all water closets installed within the building/addition are to have a maximum 6/3 litre dual flush cistern. This condition does not apply to existing cisterns unless that cistern is being replaced by the works approved under this Consent.
43. For the purpose of water conservation all shower heads are to be fitted with reduced water flow devices giving a flow rate of 12 litres per minute or better.
44. For the purpose of energy efficiency and child safety all new or replaced hot water systems shall deliver hot water to a maximum 500C at the outlet of all sanitary fixtures used for personal hygiene.
45. To awaken sleeping people and to give adequate warning to evacuate the dwelling in the event of a fire an automatic fire detection and alarm system shall be installed throughout the dwelling in accordance with the following requirements:
1. A smoke alarm system complying with Part 3.7.2 of the Building Code of Australia Housing Provisions; or
2. Smoke alarms which:
- i comply with Australian Standard 3786 or listed in the Scientific Services Laboratory Register of Accredited Products (all accredited products should have scribed on them the appropriate accreditation notation); and
ii are connected to the mains and have a standby power supply; and
- iii are installed in suitable locations on or near the ceiling and as prescribed under Part 3.7.2 of the Building Code of Australia Housing Provisions.
- To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
46. Termite protection which will provide whole of building protection in accordance with Australian Standard 3660.1 - "Protection of Buildings from Subterranean Termites" 2000 edition is to be provided.
Council has a non-chemical policy for termite control but will consider proposals involving physical barriers in combination with approved chemical systems. Handspraying is prohibited within the Municipality of Hunters Hill.
To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction.
47. Noise from the site during construction shall be controlled to reduce any disturbance or nuisance to nearby properties. The (L10) noise level measured over a period of not less than 15 minutes when the construction site is operating must not exceed the background level (L90) by more than 10dB(A)
48. For the purpose of public safety, a sign shall be erected on the site prior to any work commencing which is clearly visible from a public place stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the site and a telephone number for contact outside working hours. The sign may only be removed on satisfactory completion of the works.
49. Where no adequate and available facilities exist on site, temporary builders toilet accommodation shall be provided by means of an on site sewered toilet.
50. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.
51. The applicant to install electricity supply in an underground formation to each and/or the second dwelling unless otherwise approved by Council.
52. The approved plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the approved plans will be appropriately stamped.
53. All demolitions are to be carried out in accordance with the guidelines contained in Australian Standard Australian Standard 2601-1991: The Demolition of Structures.
Access to demolition sites shall be protected as directed by Council by the use of suitable fences or hoardings.
54. Demolitions shall be limited to the extent of the footprint of the building on the site.
55. Dust control measures shall be taken on all demolition sites so as to avoid a nuisance to adjoining properties and harm to the environment and carried out strictly in accordance with the recommendations in the Work Plan prepared in accordance with AS2601-1991.
A. A person taking down or demolishing or causing to be taken down or demolish any building or portion of any building shall:
I. cause the windows or other openings in the external walls to be close boarded or otherwise covered;
II. cause screens of canvas, hessian, boards, mats or other suitable material to be fitted in appropriate locations;
III. cause areas, components and debris to be wetted down;
Such person shall not chute, throw or let fall or cause to chute, throw or let fall from the floor to floor or into any basement of such building any building materials or any other matter so as to cause dust to escape from the building or cause any such material to fall or cast upon a public way to the annoyance, inconvenience, or danger of persons using such public way.in such a manner as to minimise, as far as practicable, the nuisance arising from the escape of dust during such taking down or demolition.
56. Adequate precautions shall be taken to ensure the protection of adjoining premises and persons therein from damage and injury during the process of demolition.
57. The applicant or builder/developer is responsible for and liable for the cost of making good any damage that may be caused to any Council property or for the removal of any waste bin, building materials, sediment, silt, or any other article as a consequence of doing or not doing any thing to which the approval relates.
58. All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming with AS 1716 and shall adopt work practices in accordance with Workcover requirements.
Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed by use of an industrial vacuum fitted with high efficiency particulate air (HEPA) filter.
All dust on surfaces and dust created by work is to be suppressed by fine water spray. Water used as a suppressant spray is not to be allowed to enter the street gutter or stormwater drainage systems.
Demolition work is to be undertaken with hand tools or hand held power tools. If heavy machinery is to be used to clear the site, work practices must comply with the requirements of the Work Plan.Demolition work is not to be performed during high winds that might cause dust to be spread beyond the site boundaries.
59. If rock excavation is required then the construction certificate application shall be accompanied with a detail of a dust control device to contain dust generated by excavation works. All works are to cease if windy conditions cause dust to leave the site.
60. To reduce or eliminate the transport of sediment from the construction site onto public roads, a temporary construction exit, together with necessary associated temporary fencing, shall be established prior to commencement of any work on the site and shall be maintained throughout the duration and progress of construction.
61. To preserve and enhance the natural environment, the down-slope side of the proposed construction area of the site is to be enclosed with a suitable erosion control barrier (e. g. straw bales or geofabric fence) along contour before any other work on the site commences. Details to be submitted with the application for a Construction Certificate.
62. To preserve and enhance the natural environment, a geofabric filter fence shall be installed along the contour immediately down-slope of construction and disturbed areas prior to the commencement of earthworks. Both ends of the sediment control structure shall be turned uphill by 1.0 metre. Approved geofabric filter fence or equivalent is to be stretched between posts placed at 2.0 to 3.0 metre centres. The base of the fabric must be buried at least 200mm in the ground on the up-slope side. Geofabric material shall be replaced at intervals not exceeding twelve (12) months, or as directed by the Principal Certifying Authority.
The geofabric filter fence shall be maintained in an operational condition until the development activities have been completed and the site is stabilised. Sediment shall be removed from the structure when forty percent (40%) capacity has been reached.
63. For stormwater control, and to preserve and enhance the natural and built environment, a Sediment and Erosion Control Plan relating to all areas of the site to be disturbed or affected by earthworks or construction works shall be submitted with the application for a Construction Certificate. The Control Plan shall include all details of measures and methods of sediment and erosion control to be adopted, implemented and maintained during the course of development of the site. The Control Plan shall incorporate and disclose:
a) All details of drainage to protect and drain the site during the construction processes;
b) All sediment control devices, barriers and the like;
c) Sedimentation tanks, ponds or the like;
d) Covering materials and methods;
e) A schedule and program of the sequence of the sediment and erosion control works or devices to be installed and maintained.
The plan is to be in prepared in accordance with The Department of Housing ”Managing Urban Stormwater-Soils and Construction Manual, 1998”.
64. A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device shall be installed in accordance with the site Soil and Water Management Plan, prior to commencement of any site works or activities, to prevent sediment leaving the site and being deposited on any roadway
65. To prevent pollution, all disturbed areas that are not to be built upon or otherwise developed within 14 days, shall be stabilised with mulch, woodchip or other rehabilitation methods to provide permanent protection from soil erosion.
The Erosion and Sediment Control Plan must be revised at the start of the second year of operations and further revised at two-yearly intervals after that. The review must include an assessment of compliance with previous requirements and a report detailing compliance with the Plan shall be submitted to the Principal Certifying Authority.All site works must be carried out in accordance with the Erosion and Sediment Control Plan. Implementation of the Plan must be supervised by personnel with appropriate training, or demonstrated knowledge or experience in erosion and sediment control.
66. To prevent pollution, all vehicles making a delivery to or from the site are to be covered to prevent loose materials, dust etc falling from the vehicles.
67. The premises shall operate so as not to give rise to offensive noise nuisance as defined by the Protection of the Environment Operations Act, 1997. A report from an acoustic consultant is required indicating whether the proposed use complies with the requirements of this condition. Such report shall be submitted for Council’s records prior to the issue of a Construction Certificate.
68. Deleted.
69. A Tree Preservation Order exists within the Hunters Hill area, to ensure the preservation of the tree canopy and landscape character of the area, whereby the removal, lopping or destruction of any tree exceeding 3.5 metres in height or a trunk greater than 300mm in circumference measured one metre above ground level without prior written consent of Council is prohibited.
70. For safety purposes, the swimming pool is not to be located under or in proximity to overhead power lines and no power lines are to be installed over or in proximity to the swimming pool.
71. For maintenance purposes for stormwater control the pool is to be sited clear of any drainage easement, drainage lines, disposal trenches, dispersal areas, watercourses or floodways. The builder shall notify the Principal Certifying Authority immediately if any drainage lines or dispersal trenches are encountered during excavation of the pool. All work is to cease and is not to proceed until such lines have been inspected and have been relocated or otherwise rectified as directed by the Principal Certifying Authority.
72. For the purpose of health, amenity and pollution control, the disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or stormwater drainage system is prohibited. These waters are to discharge via a permanent drainage line into the Sydney Water’s sewer. Permission is to be obtained from the Sydney Water prior to the emptying of any pool to the sewer.
73. To ensure compliance with the relevant standards, an effective and approved safety fence with self closing gate complying with the minimum requirements of Australian Standard 1926-1986 "Fences and Gates for Private Swimming Pools" shall be provided to the Principal Certifying Authority's satisfaction in the location indicated on the approved plans prior to any water being placed in the pool.
74. To ensure compliance with the relevant standards, any gates in the fence shall open outwards away from the pool area and be self closing and fitted with a latch which shall be automatic and of a type which that cannot be easily manipulated by small children. Latches must be located so as to comply with the requirements of Australian Standard 1926-1986 "Fences and Gates for Private Swimming Pools".
75. For stormwater control, provisions shall be made for the collection and disposal of all run-off surface waters from paved areas, re-contoured areas, pool overflow and higher levels to the designated stormwater disposal system. If no system exists, then absorption trenches shall be constructed specifically for this purpose.
76. For safety purposes, depth markers shall be provided at both ends of the pool.
77. For safety purposes, prior to the pool being filled a weather resistant poster detailing expired air resuscitation (mouth to mouth) methods shall be affixed within plain sight of the pool. A sign/notice with the words "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL" shall be erected in clear view and in close proximity to the pool.
78. All filtration equipment shall be located in the position as shown on plan. Where the filtration and electrical equipment is located near a boundary, such equipment shall be positioned not closer than 1200mm from the boundary fencing, if any, and electrical conduits and fittings or circulation pipes shall not be attached to any part of the fencing. Filtration or other equipment shall not be installed in the area of the side boundary setback of the dwelling or outbuilding unless that side boundary setback is greater than 1500mm.
79. For the purpose of residential amenity, the filtration motor pump unit shall be housed in a sound attenuating enclosure and located where indicated on the approved plans. The enclosure must be capable of reducing the noise emanating from the filtration unit to no greater than 5dB(A) above the ambient background level and in accordance with the requirements of the Protection of the Environment Operations Act 1998. A practising acoustical engineer should design the enclosure so as to ensure compliance with the above.
80. For the purpose of health and amenity, the pool or spa water shall be disinfected and maintained in accordance with the minimum standards prescribed by the New South Wales Department of Health.
81. For the purpose of residential amenity, the exposed external surfaces below concourse level and above finished natural ground level shall be treated and finished off to a smooth surface, and painted or landscaped to complement the existing surrounds.
82. The building works are to be inspected during construction by the nominated Principal Certifying Authority and documentary evidence of compliance with the relevant terms of the approval/standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following stages:
a) Reinforcement AND circulation lines in position prior to any concrete being poured, placed or sprayed.
b) Drainage lines and circulation lines outside the pool area prior to. any backfilling.
c) Safety fences, gates and latches erected and installed - pools are not to be filled unless a satisfactory inspection of the pool fencing has been made.
d) Final Inspection - on completion when all conditions of approval have been met including soundproof enclosures, resuscitation posters, depth markers installed and all landscaping completed in accordance with the approved plans.
Note: Inspections of work, which is found to be defective or not ready, attracts a reinspection fee of $80.00 . Please cancel bookings at least 12 hours in advance, which are not ready for inspection.If inspections are to be carried out by Council, 48 hours notice is required by Council's Development and Environment Department, by telephoning Customer Service on 9879-9400 during business hours (8.30am to 4.3Opm) or by facsimile on 9809-7338.
83. To ensure compliance with this determination, the swimming pool shall be set out by a Registered Surveyor in accordance with the plans and the conditions of the consent. Evidence to this effect is to be provided to the satisfaction of the Principal Certifying Authority prior to the issue of a final compliance certificate.
84. To ensure structural stability during excavation of the pool, the area excavated shall be shored to the satisfaction of your Practicing Structural Engineer to prevent subsidence and suitably fenced to prevent the entry of children.
85. Swimming pool surrounds and/or paving shall be constructed at such levels and with such falls that will prevent water from pool overflow discharging onto neighbouring premises and must be drained to a designated disposal system.
86. For stormwater control, an interceptor drain for run-off and surface water from the pool concourse, adequately graded to an outlet, shall be provided.
87. The swimming pool is to be made safe during construction by the erection of temporary safety fence to the satisfaction of the Principal Certifying Authority.
88. To ensure compliance with the Swimming Pools Act, 1992, the existing boundary fence, forming part of the safety fencing to enclose the pool shall be upgraded or otherwise so altered or reconstructed so as to comply with the provisions of Australian Standard 1926-1986 "Fences and Gates for Private Swimming Pools". The overall height of the dividing fence is not to exceed 1.8 metres in height above the natural ground level. Attention is directed to any obligations or responsibilities under the Dividing Fences Act in respect of adjoining property owners, which may arise in respect of this matter and enquiries in this regard may be made at the nearest Local Court.
89. A plan and specification of the landscape works for the site shall be submitted to council or accredited private certifier prior to issue of a construction certificate. The landscape plan shall be prepared by a qualified landscape architect and address the concern’s identified by council’s landscape advisor on 27 April 2004 as recorded on Delegated Authority Report dated 13 May 2004 (Appendix B to Exhibit 6) of this appeal.
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