Debtap Pty Ltd v Ku-ring-gai Municipal Council
[2004] NSWLEC 229
•05/11/2004
Land and Environment Court
of New South Wales
CITATION: Debtap Pty Ltd v Ku-ring-gai Municipal Council [2004] NSWLEC 229 PARTIES: APPLICANT
RESPONDENT
Debtap Pty Ltd
Ku-rin-gai Municipal CouncilFILE NUMBER(S): 11516 of 2003 CORAM: Watts C KEY ISSUES: Development Application :- Conditions of consent
LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance, (KPSO);
State Environmental Planning Policy No 5, Housing for Older People or People with a Disability, (SEPP5);
Development Control Code for SEPP5 development, (Code); Environmental Planning and Assessment Act 1979, ss79C and 97.CASES CITED: DATES OF HEARING: 11/05/2004 EX TEMPORE
JUDGMENT DATE :05/11/2004 LEGAL REPRESENTATIVES: RESPONDENT
APPLICANT
Mr J Maston, barrister instructed by
Mr M A McKelvey, solicitor
SOLICITOR
Michael A McKelvey & Associates
Mr R Fox, solicitor
SOLICITOR
Deacons
JUDGMENT:
11516 of 2003 Watts C 11 May 2004IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
v Ku-ring-gai CouncilDebtap Pty Ltd
Applicant
Respondent
1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Ku-ring-gai Municipal Council (the council) of a development application to demolish two attached dual occupancy dwellings and to erect four residential dwellings for older people or people with a disability at Lot 746, DP 752001, being No 64 Wellington Road, East Lindfield.Judgment
2 I have concluded that the consent orders may be granted after the application has been considered under s 79C of the Environmental Planning and Assessment Act 1979 .
The land
3 The land is situated on the northeastern side of Wellington Road on the corner of Coopernook Avenue. It is generally regular in shape with a frontage to Wellington Road of 16.155m, a side boundary to Coopernook Avenue of 40.485m with a corner splay of 4.310m and an area of 838.10m2. The rear boundary to No 6 Coopernook Avenue is 19.2m and the northeastern boundary to No 66 Wellington Road is 43.890m.
4 A detached dual occupancy development comprising a 1960's texture brick dwelling and later extensions and a two-bedroom dwelling constructed in the early 1980's are erected on the land.
5 The land slopes down from the rear northwest to front southeast about 4m over 44m or a grade of 1:11. The frontage falls from the southwest to the northeast less than 1m over a distance of about 19m.
6 Four pine trees, two in the front and two in the Coopernook Avenue side area adjacent to the existing front building grace the land.
7 Wellington Road in this location is the main collector road for this section of the East Lindfield peninsular area. Wellington Road links the existing aged persons development at Ulmarra Place, the recreation areas of East Lindfield park and Wellington Road oval and the bowling club to the East Lindfield Shopping Centre and community centre then to Tryon Road, the East Lindfield School and the Lindfield Shopping Centre and railway.
8 The area is predominantly residential in character comprising housing styles from many eras, mainly post war and includes many new developments of large two-storey buildings representing late 20th century and early 21st century building forms.
9 Bus stops are located diagonally opposite the land outside No 63 Wellington Road and outside the subject property for the government bus service 207 and the Shorelink private service No 558 linking the aged persons centre in Ulmarra Place to the centres of Lindfield, Roseville, Chatswood and the City.
10 The East Lindfield Shopping Centre, community centre and doctor are within walking distance of the subject land.
Relevant planning controls
Ku-ring-gai Planning Scheme Ordinance, (KPSO)
11 The land is zoned Residential 2(a) under the KPSO (as amended) and the proposed development is not permissible except under SEPP5.
State Environmental Planning Policy No 5, Housing for Older People or People with a Disability, (SEPP5)
12 SEPP 5 applies to the land and the proposed use is permissible with consent.
Development Control Code for SEPP5 development, (Code)
13 The Council’s Code provides planning detail for considering SEPP5 development.
The proposal and its history
14 Development application No 1551/ 02 was lodged with the respondent council on 6 November 2002 to demolish the existing dual occupancy development and to erect a four-unit SEPP5 development.
15 Contained within the development are 2 x 2 bedroom dwellings and 2 x 3 bedroom dwellings. The two bedroom dwellings are on a single living level facing Wellington Road while the three bedroom dwellings have one bedroom on the ground floor and two bedrooms within the upstairs roof space.
16 Six (6) basement car spaces are proposed with access to the ground floor by lift and stairs. Five (5) car parking spaces are proposed for the residents and one for visitors or service personnel. All vehicular access is via the existing site access to Wellington Road.
17 Pedestrian access to and from the adjoining bus stop in Coopernook Avenue is proposed.
18 The proposal is illustrated on the plans prepared by Keers & Banks Architects Pty Ltd and the design has evolved from site analysis, and requirements of the Council's Code.
Notification
19 The application was notified to nearby owners and occupants and seventeen (17) objections and 120 signatures on a petition. Concerns related in particular to the bulk of the building.
The council’s decision
20 When the appeal was lodged the council had not determined the application but by notice dated 30 April 2004 the council approved the application with conditions. Some of those conditions were in dispute.
The hearing
21 The appeal was filed on 11 December 2003.
22 At the hearing the court heard evidence on behalf of the respondent council from:
· Mr D A Burton, resident of No 63 Wellington Road; who expressed concern about the bulk of the proposed building in this location and a number of other issues.
24 The salient issues related only to the conditions. Those conditions in dispute have been resolved.The issues
23 On 9 February 2004 the council filed a statement of issues in relation to the deemed refusal:
1. Whether the site analysis prepared contains adequate and/or accurate information to satisfy Clause 24 of SEPP5.
2. Whether the proposed development complies with Clause 25 of SEPP5 in particular whether the proposal:
i. contributes to an attractive residential environment with clear character and identity,
ii. considers the visual and acoustic privacy of neighbours and residents in the vicinity;
iii. maintains reasonable neighbour amenity and appropriate residential character by providing building setbacks that progressively increase as wall heights increase to reduce bulk and overshadowing;
iv. maintains reasonable neighbour amenity and appropriate residential character by using building form and siting that relates to the site's land form;
v. proposes sufficient landscaping in sympathy with other planting in the streetscape;
vi. embodies appropriate site planning or the use of screening devices and landscaping; and
vii. involves site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction.
3. Whether the excavation for the car park relative to the north-eastern boundary is acceptable.
4. Whether the setbacks on the north-eastern boundary will result in sufficient consolidated deep soil landscaped area to address the visual intrusion and bulk of the proposal.
5. Whether the landscaped area is adequate due to its slope and fragmented nature as a result of the access ramp proposed on the Wellington Road façade.
6. Whether the proposed development will have an adverse impact upon the amenity of adjoining properties and therefore is inconsistent with Section 79C of the Environmental Planning and Assessment Act 1979 (NSW)("EPAA").
7. Whether the excavation across the site to achieve the required levels (for access purposes) combined with the bulk and scale of the proposal constitutes an insensitive overdevelopment of the site. In particular whether it is an appropriate design response to the site-specific constraints.
8. Whether the proposal will be visually intrusive when viewed from both Coopernook Street and Wellington Road.
9. Whether the Proposed development is consistent with the Ku-ring-gai Planning Scheme Ordinance ("KPSO") Schedule 9 "Aims and Objectives of Residential Zones" in that it does not improve the existing amenity and environmental character of residential zones. In particular:
i. whether the proposed development would maintain the existing amenity and environmental character of the residential zone (Clause 1(a) of Schedule 9) having regard to the impact on vegetation on the site; and
ii. whether the proposed development would be compatible with the environmental character of the locality and would have a sympathetic or harmonious relationship with adjoining properties (clause 1(b) of schedule 9 KPSO).
10. Issues raised by the objectors.
The evidence and findings
25 Mr Fox informed the Court that the Council has notified those who objected and two people came forward to have their concerns considered at the hearing and only Mr Burton elected to give formal evidence.
26 Mr Fox assured me that the Council has given full consideration to the present application, and a bundle of documents became Exhibit 1 in the proceedings. This sets out the Council’s deliberations in the matter. Under Tab C of Exhibit 1 is found the Council’s report that covers all the aspects relating to SEPP5.
27 I am satisfied that the development would be environmentally satisfactory despite it being of large coverage. I have considered that although it would not comply with the 15% rear setback adjacent to No 6, the plans in Exhibit H go some way to proving that adequate landscaping would be provided on that side of the development and would meet the objectives of that deep soil planting control.
28 Overall the architectural design of the proposal would be satisfactory and at the Wellington Road frontage it would be one storey above car parking, and at the rear to bedrooms for the rear two units are contained with the roof space. As a result I am satisfied that the overall scale appears appropriate and similar to large dwellings that might be found in the area.
29 For those reasons I endorse the consent orders that have been prepared and signed by the parties, and the appeal is upheld.
Conditions
30 The conditions are those in Exhibit 2 as amended.
Orders by consent
31 The consent orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.2. Development application No 1551/ 02 lodged with the respondent council on 6 November 2002 to demolish two attached dual occupancy dwellings and to erect four residential dwellings for older people or people with a disability under SEPP5 at Lot 746, DP 752001, being No 64 Wellington Road, East Lindfield is approved subject to Conditions 1 to 160 in Annexure A.
S J Watts3. The exhibits with the exception of Exhibits A, B, C, E, F, H, J, K and 2 are returned.
Commissioner of the Court
sw
Appeal No: 11516 of 2003
Debtap Pty Limited
v
Ku-ring-gai Municipal Council
Development Application N o 1551/02
Premises: Lot 746, DP 752001, No 64 Wellington Road, Lindfield
The issue of this consent does not permit any construction work to commence on the site until such time as a construction certificate has been obtained.
Detailed working drawings and specifications, which are consistent with the Development Consent and conditions, must be submitted for consideration of the issue of a construction certificate.
Alterations, modification or variations to this consent can only be effected where Council approves an application to modify the Consent under Section 96 of the Environment Planning and Assessment Act.
This consent shall lapse and be void if the building work or use to which it refers is not physically commenced prior to the date of expiry of the consent.
1. The development to be in accordance with the Statement of Environmental Effects by Chris Young Planning dated September 2002 and the plans prepared by Keers and Banks Pty Limited:
· Site plan A01A dated August 2002;
· Upper level plan A04B dated August 2002, revised 30 October 2003;
· Sections AA, BB, and CC A05B dated August 2002, revised 30 October 2003;
· Elevational views A06B dated August 2002, revised 30 October 2003;
· Elevational view A07B dated August 2002, revised 30 October 2003;
· Elevational views A08B dated August 2002, revised 30 October 2003;
· Siting to adjacent properties A09B dated August 2002, revised 30 October 2003;
· Shadows and roof plan A10B dated August 2002, revised 30 October 2003;
· Amended plan to address the requirements of the Council - Ground floor plan A03E, Amended 10 March 2004;
· Lower floor plan A02E revision 10 March 2004;
· Landscape plan by Chetham dated 2 April 2004 Drawing No LPP/01/A.
2. All building works shall comply with the Building Code of Australia.
3. The submission of the approved plans to Sydney Water, before any work is commenced to ensure that the proposed structure meets that Authority’s By-Laws. Failure to submit these plans before commencing work will render the owner liable to a penalty and may result in the demolition of work.
Demolition Conditions
4. The demolition is to be carried out in accordance with the guidelines contained in Australian Standard 2601-1991: The Demolition of Structures.
5. Access to demolition sites shall be protected as directed by the Principal Certifying Authority by the use of suitable fences or hoardings.
6. Where a new development is not commencing immediately following demolition, the demolition shall be limited to the extent of the footprint of the building/s on the site and no excavation shall be carried out.
7. Demolition work, including removal of material or debris from the site, on any building in a residential area shall only be carried out during the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted.
8. A person taking down or demolishing or causing to be taken down or demolished any building or part thereof shall, upon identifying or suspecting that asbestos is present in the building, immediately notify the Workcover Authority. The Authority is the controlling body for the safe removal, handling and disposal of asbestos. The Authority supervises and monitors contractors engaged in asbestos removal.
The requirements and standards imposed by the Authority, its consultants or contractors shall be complied with.
9. Erosion control measures shall be provided on demolition sites to prevent the siltation of watercourses and drainage systems.
10. Dust control measures shall be taken on all demolition sites so as to avoid a nuisance to adjoining properties and harm to the environment.
a. A person taking down or demolishing or causing to be taken down or demolished 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; 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.
b. 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.
11. Soil on vacant sites is to be stabilised as soon as possible to prevent erosion and the site shall be kept clear of excess vegetation.
12. A temporary construction exit and sediment trap to reduce the transport of sediment from the site onto public roads shall be provided before demolition commences.
13. Existing stormwater lines on the site are to be blocked and made inoperable after buildings are demolished so as to prevent the conveyance of silt or sediments into the gutter or street drainage system.
14. All combustible material shall be removed from the site on a daily basis. Material shall not be burnt on the site.
15. Materials salvaged from a demolition may be stored on site provided they are non combustible, neatly and safety stockpiled and not likely to become a harbourage for vermin.
16. Trees and vegetation on a site shall not be disturbed except with the approval of the Council.
17. Fire hoses are to be maintained on site during the course of demolition.
18. Adequate precautions shall be taken to ensure the protection of adjoining premises and persons therein from damage and injury during the process of demolition.
19. Deleted.
20. Buildings built prior to the 1970’s may contain lead based paint. Lead dust is a hazardous substance. You are advised to follow the attached WorkCover guidelines to prevent personal and environmental contamination.
21. 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, and
b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.
Any such sign is to be removed when the work has been completed.
This clause does not apply to:
a. building work carried out inside an existing building, or
b. building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
22. All demolition materials of value for re-use either on-site or elsewhere, shall be separated and made available for re-cycling.
Administration Conditions
23. The approved building shall not be occupied unless the development has been completed in accordance with all conditions of consent and the approved plans and a Occupation Certificate has been issued.
24. The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a Road Opening Permit being obtained from the Council (upon payment of the required fee) beforehand.
Construction Conditions
25. 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.
26. 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.
27. 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 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted. The use of the following items of plant on the site is also restricted to the abovementioned hours: compressors, bulldozers, power operated woodworking machines, excavators and loaders, jackhammers, Ramset guns, concrete mixers and concrete delivery wagons, hoists, winches, welding and riveting plant.
Whilst work on Saturdays may be performed until 5.30pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment.
28. 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.
29. A sign shall be erected in a prominent position on the site which states the name and contact details of the Principal Certifying Authority.
30. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.
31. To maintain existing ground levels all excavated material shall be removed from the site.
32. Any excavation of rock involving hydraulic or compressed air rock hammers or other excavation equipment shall comply with the requirements of Council’s Code for the Control and Regulation of Noise on Building Sites.
33. For the purpose of maintaining visual amenity, no permanent electricity supply poles are to be erected forward of the building setback without the prior Consent of Council. It is the onus of the applicant to consult with the authorised statutory electricity provider prior to construction commencing to ensure that direct connection to the building is possible. Details of any proposed permanent pole must be submitted to and approved by Council prior to installation.
34. The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia.
35. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.
All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.
36. If an excavation associated with the erection or demolition of a building 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:
a. must preserve and protect the building from damage, and
b. if necessary, must underpin and support the building in an approved manner, and
c. must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.
In this clause, allotment of land includes a public road and any other public place.
37. Toilet facilities are to be provided, within 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 persons employed at the site.
38. To maintain residential amenity, all electrical services to the site are to be provided underground and must not disturb the root system of any trees. Please contact the energy supply authority’s local customer service office to obtain documentary evidence that the authority has been consulted and that their requirements have been met. This information is to be submitted to Council prior to the release of the Certificate.
39. If the work involved in the erection or demolition of a building:
a. is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
b. building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been completed.
40. The developer shall submit to Council a letter from the energy supply authority and either Telstra or Optus, confirming that satisfactory arrangements have been made for the provision of underground telephone and power services, prior to the release of the Subdivision Certificate or Occupation. Application may be made to Energy Australia Phone No. 13 1525 and either Optus, Network Operations, Facsimile No 9837 9060, Phone No 9837 9010, or Telstra Phone No 12 455.
41. All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and Public Holidays. Furthermore, the operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measure at the nearest adjoining boundary.
SEPP 5 Conditions
42. The creation of a Restriction as to use of land under Section 88E of the Conveyancing Act 1919, restricting the occupation of the premises to:
a. People 55 or over or people who have a disability;
b. People who live with people 55 or over or people who have a disability;
c. Staff employed to assist in the administration of and provision of services to housing provided in this development.
43. The development is to remain as Housing for Aged or Disabled Persons within the meaning of State Environmental Planning Policy No 5 at all times.
44. All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP5 development and that at least one occupier shall be aged 55 years or over or have a disability:
45. All dwellings to be serviced by a 24 hour a day monitored emergency call system, or all dwellings to be built to easily accommodate the installation of a 24 hour a day monitored emergency call system if required by the resident
Special Conditions
46. Your attention is directed to the operation of the Commonwealth Disability Discrimination Act 1992, which may impose greater obligations on providing access to disabled persons other than compliance with the Building Code of Australia. You are advised to seek advice from the Human Rights and Equal Opportunity Commission (phone (02) 9284 9600) in respect of your application.
47. The proposed development is to be compliant with both AS 1428 (Design for Access and Mobility and AS 4299 (Adaptable Housing) and is to satisfy the requirements of Clause 13A of SEPP 5.
48. The interior design of dwellings, ancillary facilities (e.g. letterboxes, lighting etc) and circulation space within the development shall comply with the standards contained in clause 13A of SEPP 5. A Compliance Certificate prepared by a suitably qualified and experienced person, certifying compliance with the provisions and standards contained in this clause, shall be submitted to the Principal Certifying Authority prior to occupation of the development.
49. The applicant’s attention is directed to any obligations or responsibilities under the Dividing Fences Act in respect of adjoining property owner’s which may arise from this application and it is advised that enquiries in this regard may be made at the nearest Local Court.
50. No mobile outdoor surveillance systems shall be installed without prior approval of Council.
51. No advertising signs are to be erected without the prior consent of Council.
52. Master TV antennas are to be provided to avoid having individual antennas. The master antenna should be located at the rear of the site to reduce visibility from the street. Alternatively, location within the roof space can be considered.
53. Letter boxes must be provided in accordance with the requirements of Australia Post and be accessible to wheelchair users
54. On site power must be underground and satisfy the requirements of Energy Australia.
55. Unit/dwelling numbers must be clearly displayed and visible for emergency vehicles and visitors.
56. Each dwelling must have a childproof storage place for poisons or other dangerous substances.
57. Walls and Fences within the development are to be in accordance with Council’s Development Control Code 1/99 or as otherwise directed.
58. The development is to provide night lighting along all driveways and footpaths throughout the site such that the full length of travel paths is illuminated. Lighting is to be shielded so that neighbouring residences are not adversely affected.
59. Throughout the development it is necessary to utilise non-slip materials. Surfaces, which will be slippery when wet, are not permitted. Loose material such as gravel or sand should be avoided near footpaths.
60. Locate TV antenna outlets on interior walls (away from windows and potential glare problems) in positions that maximise, options for TV location in the living and sleeping areas.
61. Locate telephone sockets so that residents have a choice of places/rooms to put a telephone and its related furniture.
62. All vehicles shall enter and leave the property in a forward direction.
63. Threshold ramps are to be provided to all courtyards and decks in accordance with AS1428.1.
64. Thermal insulation is to be provided to the walls, ceilings and roofs of both buildings.
65. The north east facing (side) window to bedroom 2 of unit 2 shall be amended to provide a minimum sill height of 1500mm measured from first floor finished floor level.
66. Suitable window shades are to be provided either internally or externally to the west facing windows.
67. Accessible garbage storage areas shall be provided in a suitable location for use by all units with at least 1550mm circulation space to enable easy access. All garbage areas, including those marked on plans as ‘service yard’ shall be effectively screened from view from any public vantage point.
68. All courtyard fencing is to be in accordance with the requirements of Council’s Code except in relation to the front decks to units 3 and 4 which shall be provided with planters no less than 900 in height and located in accordance with landscape plans no. A011(C) which shall be densely planted with species able to attain a height of 300mm.
69. All signposting or road works associated with the development are to be at no cost to the Council
Pollution and Environment
70. The burning of undergrowth, foliage, building refuse and like matter on the site is prohibited.
71. Sites shall not be re-shaped, re-contoured, excavated nor the levels on any part of the site altered without the Consent of the Council being obtained beforehand.
72. To preserve and enhance the natural environment, sediment removed from erosion and sediment control structures shall be disposed of to an approved sediment dump.
73. For the purpose of health and amenity, effective measures are to be taken at all times to prevent any nuisance being caused by noise, vibrations smells, fumes, dust, smoke, waste water products and the like.
74. 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.
75. To prevent pollution, any areas cleared of vegetation where there is a flowpath greater than 12.0 metres in length shall have a properly constructed silt fence erected to intercept runoff.
76. To prevent pollution, all disturbed areas which 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.
77. Topsoil shall be stripped from areas to be developed and stock-piled within the site. Stock-piled topsoil on the site shall be located outside drainage lines and be protected from run-on water by suitably positioned diversion banks. Where the period of storage will exceed 14 days stock-piles are to be covered or sprayed with an appropriate emulsion solution or seeded to minimise particle movement.
Landscape Conditions
78. A Tree Preservation Order exists within the Ku-ring-gai Council area whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except where exempt as defined under Council’s Tree Preservation Order) without prior written consent of Council is prohibited.
Release of the Construction Certificate gives automatic approval to the removal ONLY of those trees located on the subject property within the footprint of a proposed new building/structure or within 3.0 metres of a proposed new dwelling. Where this application is for a building/structure other than a dwelling then ONLY trees within the area to be occupied by this building/structure may be removed. Other trees SHALL NOT be REMOVED or DAMAGED without an application being made under Council’s Tree Preservation Order.
79. The landscape works shall be completed prior to issue of final Certificate of Compliance and maintained in a satisfactory condition at all times
80. The applicant shall ensure that at all times during the construction period no activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council’s Tree Preservation Order.
81. The following tree species shall be planted, at no cost to Council, in the nature strip fronting the property along Wellington Road. The tree/s used shall be 25 litre container size specimen/s:
Tree Species
Syncarpia glomulifera
(Turpentine)
82. Tree roots between 10mm and 50mm diameter, severed during excavation, shall be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.
83. On completion of the Landscape work/tree planting or screen planting, a Landscape Architect or qualified Landscape Designer shall submit a report certifying correct installation, faithful to the landscape plan to the Principal Certifying Authority with a copy to Council, prior to issue of final Certificate of Compliance.
84. All builders’ refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
Engineering Conditions
85. A contractor with specialist excavation experience must undertake excavations the on the site. A suitably qualified and practising geotechnical engineer must supervise the excavation procedure. Excavations to be carried out:
a. According to the relevant Australian Standards and guidelines, and
b. In a manner that ensures that the structural amenity of adjoining structures and property is fully maintained.
86. For stormwater control a 200mm wide grated channel/trench drain with heavy duty removable galvanised grates is to be provided at the base of the ramped driveway and connected to the stormwater drainage system.
87. For stormwater control all balconies and paved areas are to be drained to the main drainage system.
88. Stormwater runoff from all hard surfaces, or landscaped areas which are not at natural ground level, shall be piped to the Council stormwater pit fronting the site on Wellington Road. Backflow prevention to be provided.
89. For stormwater control, an On-site Stormwater Detention System is to be provided with volumes and discharge in accordance with Council’s Stormwater Management Manual. Design and layout to be generally in accordance with the concept On-Site Detention design Bruce Longfoot, drawings BR 1010 to 1014 inclusive. An overflow is to be incorporated that will direct any excess flow to the downstream drainage system and subsoil drainage is to be provided from the underside of the sediment control sump to the outlet line or other approved location. The system is to be cleaned regularly and maintained to the satisfaction of Council.
NOTE 1: The on-site stormwater detention system and property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist’s certification that such excavation will not affect the longevity of the subject tree(s).
NOTE 2: If the applicant wishes to vary the prescribed storage and outflow volumes contained in Council’s Stormwater Management Manual, a detailed analysis must be provided following the guidelines set out in Council's requirements for on-site detention with full computations accompanying the submission including a flood routing analysis.
NOTE 3: All roof, driveway and other hard-surface runoff water is to be intercepted and directed to the on-site stormwater detention system. If some areas of hard-surface are unable to be directed to the detention system an adjustment to the rate of discharge is to be made to attain the required site discharge.
NOTE 4: The standard Council On-site Stormwater Detention Calculation Sheet is to be completed and included on design drawings.
90. The provision of temporary sediment and erosion control facilities and measures are to be installed, prior to the commencement of any works on the site to minimise and/or eliminate unnecessary erosion and loss of sediment. These facilities are to be maintained in working order during construction works and up to the completion of the maintenance period. All sediment traps are to be cleared on a regular basis and after each major storm, and/or as directed by the Principal Certifying Authority, with all silt being removed from the site, or to an approved location within the site.
91. The relocation or adjustment of any utility service facilities are to be carried out by the Applicant in accordance with the requirements of the utility authority at no cost to Council.
92. The public footways and roadways adjacent to the site are to be maintained in a safe condition, at all times, during the course of the works. A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of trip hazards must be maintained at all times on or adjacent to the public footways fronting the construction site. Where the footpath is damaged, repair works must be carried when directed by Council officers. Where circulation is diverted on to the roadway clear directional signage and protective barricades must be installed in accordance with Aust AS1742-3 1996 “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.
93. To prevent surface stormwater from entering the building, the finished habitable ground floor level(s) of the building shall be a minimum of 150mm above adjacent finished ground level(s). The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding during times of complete subsurface drainage blockage.
94. Driveways and access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard AS 2890.1 – “Off-Street car parking” and the provisions of SEPP 5. The circulation aisles must accommodate two-way traffic. The driveway within the site shall be amended to provide a 4.5m long passing bay outside of the building. The driveway width in this area shall be not less than 5m (including the passing bay). Details to be provided to the Council before the issue of a construction certificate.
95. Disposal of site water (includes groundwater, seepage, dewatering and stormwater trapped in excavations) to Council’s stormwater system is not permitted. The applicant is advised to liase with Sydney Water regarding a Trade Waste Agreement.
96. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at then the “e-developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
PRIOR TO COMMENCEMENT OF ANY EXCAVATION OR ASSOCIATED SITE WORKS
97. The submission and approval by the Principal Certifying Authority (PCA) of a Geotechnical/Civil Engineering report which addresses:
a. The type and extent of substrata formations by the provision of a minimum of four (4) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0m below the finished basement floor level, and include the location and description of any anomalies encountered in the soil profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum.
b. Engineering measures described in full to temporarily and permanently support the excavation for the basement area, adjacent to the footpath and adjacent property and structures. These measures are to ensure that there will be no adverse impacts on adjacent property, structures and infrastructure.
The report must be prepared by a practising geotechnical engineer with previous experience in such investigations and reporting. The report is to be prepared and submitted for approval prior to any excavations on the site and prior to release of the Construction Certificate.
98. A practicing structural/geotechnical engineer must prepare a full structural dilapidation report on the structural condition of all existing structures at 66 Wellington Street, East Lindfield, within 15 (fifteen) metres distance of the excavations along the northern boundary.
The dilapidation report must be completed and submitted to Council prior to the commencement of any demolition, excavation or construction works, and prior to the issue of the Construction Certificate. Note: A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Council (prior to issue of the Final Compliance Certificate).
99. Council property adjoining the construction site must be fully supported at all times during all excavation, demolition and building construction works. Details of shoring, propping and anchoring of works adjoining Council property, prepared by a qualified Structural Engineer or Geotechnical Engineer, must be submitted for the approval of the Principal Certifying Authority (PCA), before the commencement of the works. Backfilling of excavations adjoining Council property, or any void remaining at completion of construction between the building and Council property, must be fully compacted prior to issue of the Final Compliance Certificate.
CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE
100. The basement parking area shall be redesigned to be generally in accordance with Plan No A-02E, to accommodate a maximum of 5 off street vehicle spaces designed strictly in accordance with the provisions of AS4299 and with each space having clear internal dimensions of 3200mm by 6000mm exclusive of any columns and minimum headroom of 2500mm and driveway widths and grades to be strictly compliant with AS2890.1 1993 and AS4299. Details are to be submitted to Council for approval prior to the release of the Construction Certificate.
101. As a result of the reduced parking provisions, the basement level shall be set back 2,100mm from the north-eastern common boundary with No 66 Wellington Road, East Lindfield. Details are to be submitted to Council for approval prior to the release of the Construction Certificate.
102. The plan must be submitted to Council prior to the release of the Construction Certificate and be approved by Council’s Landscape Development Officer prior to the commencement of works. A Landscape Assessment fee of $220.00 will be payable on lodgement of the required landscape plan.
103. An amended landscape plan shall be prepared by a suitably qualified Landscape designer detailing effective screen planting of the development in the following manner; and provide additional planting opportunities in the rear courtyards as follows:
· North-east site boundary - from the south-east (Wellington Road) edge of the elevated front terraces to unit 3, along the entire length of the adjacent proposed built form - using species which are capable of attaining a height of 6.0 metres,
· South-west site boundary adjacent to the north-eastern building elevation (but capable of attaining a height of 6.0 metres.
· North-west (rear site boundary) which are capable of attaining a height of 5.0 metres,
· North-east site boundary to the rear garden capable of attaining a height of 3.0 metres,
· South-west site boundary in the rear garden capable of attaining a height of 3.0 metres
· South-east (front) site boundary capable of attaining a height of 2.0 metres.
· Introduction of raised planters within the rear (western) courtyards, which are to be of a size and volume capable of supporting at least two deciduous trees, and achieving a minimum height of 6.0 metres. (One planter per courtyard)
104. An amended lower ground floor plan shall be prepared generally in accordance with A-02E, and which deletes the entire ramping proposal to the front yard addressing Wellington Road. A footpath shall be constructed along Coopernook Avenue from the site entrance to Wellington Road in accordance with the SEPP 5 Guide gradients of 1:12 for a maximum of 15 metres and 1:10 for a maximum of 5 metres with rest landings at intervals as shown on drawing no.: 2021 – FD.01.B prepared by Accessibility Solutions (NSW) Pty Ltd. Details are to be submitted to Council for approval prior to the release of the Construction Certificate
Special Conditions
105. Waste Management Facilities shall be provided for the residents in accordance with Chapter 3 of the Development Control Plan No. 40 – Waste Management. The facilities shall be provided, and a summary of compliance with DCP 40 shall be forwarded to Council’s Waste & Environment Management Section prior to the issue of a Construction Certificate.
106. A contribution is to be paid for the provision, extension or augmentation of community facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of development in the area.
TOTAL CONTRIBUTION FOR THIS DEVELOPMENT OF TWO (2) ADDITIONAL DWELLINGS IS CURRENTLY $24,078.00. The amount of the payment shall be in accordance with the Section 94 charges as at the date of payment. The charges may vary at the time of payment in accordance with Council’s Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index.
This contribution shall be paid to Council prior to the release of the Construction Certificate and the amount payable shall be in accordance with the Council’s adopted Section 94 Contributions Plan for Residential Development, effective from 20 December 2000, calculated for additional person as follows:
1. Preparation of New Residents Kit $10.98
2. New Resident Survey $9.87
3. New Library bookstock $17.95
4. New Public Art $2.93
5. Acquisition of Open Space - Lindfield $7,851.00
6. Koola Park upgrade and reconfiguration $143.09
7. North Turramurra Sportsfield development $986.80
8. Section 94 2000-2003 Study and Interim Plan preparation cost $49.34
9. Section 94 Officer for period of Plan 2000-2003 $118.42
10. Preparation of New SEPP 5 Residents Kit $22.44
11. SEPP 5 S94 Study and Interim Plan, 2000-2003 $108.95
To obtain the total contribution figure the occupancy rate for all SEPP 5 developments is 1.3 persons
107. Due to the location of the development site near a bus stop and close to heavy pedestrian movements, the Applicant shall produce a Traffic Control Plan, in general accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998), addressing all the following matters:
Heavy Vehicle Routes
a. Details of the proposed route of heavy vehicles servicing the site. Light traffic roads and those subject to a load limit are to be avoided.
Safe Ingress and Egress
a. How all vehicles servicing the site including provision for forward ingress will safely access the site and egress and details of traffic control for the site, including provision of a flag person to control vehicle movements to and from the site.
b. How safe egress for vehicles will be managed where forward egress is not possible.
c. How pedestrians will be safely managed across the frontage of the site.
Parking Control
a. Suitable provision shall be made on site for all construction vehicles to alleviate any need to park on Wellington Road or Coopernook Avenue.
Stages
a. The Plan must recognise the different stages of the work, including site establishment, bulk excavation, concrete pours and tradesperson and landscaper access, and specify the traffic management requirements of each stage.
NOTE 1: The Traffic Control Plan shall be submitted to and approved by Council, attention Development Engineer, prior to the issue of the Construction Certificate. The Plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition. Evidence of RTA concurrence, if required above, is to be lodged concurrently with Council.
NOTE 2: The traffic management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of any works on-site including excavation.
108. A construction management plan must be submitted for the approval of Council’s Development Engineer before the commencement of demolition, excavation or construction works. The Plan must:
a. Describe the anticipated impact of the construction works on:
· local traffic routes
· pedestrian circulation adjacent to the building site;
· and on-street parking in the local area; and;
b. Describe the means proposed to:
· manage construction works to minimise such impacts;
· provide for the standing of vehicles during construction;
· provide for the movement of trucks to and from the site, and deliveries to the site; and
c. Show the locations of:
· any site sheds and any anticipated use of cranes and concrete pumps;
· any areas of Council property on which it is proposed to install a construction zone, or to erect structures such as hoardings, scaffolding or shoring, or to excavate.
The Plan must make provision for all materials, plants, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding shoring or excavation need separate consent from Council. Standing of cranes and concrete pumps on Council property will need consent on each occasion.
Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work.
Administration Conditions
109. The Long Service Levy is to be paid to Council in accordance with the provisions of Section 34 of the Building and Construction Industry Payments Act 1986 prior to the issue of the Construction Certificate. Note: Required if cost of works exceed $25,000.00.
110. 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 or other Principal Certifying Authority 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 of 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 or for residential 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 commencement of the work).
111. The Infrastructure Restorations Fee calculated in accordance with the Council's adopted schedule of Fees and Charges is to be paid to the Council prior to any earthworks or construction commencing. The applicant or builder/developer will be held responsible for and liable for the cost any damage 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 anything to which this consent relates. "Council Property" includes footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, litter bins, trees, shrubs, lawns mounds, bushland, and similar structures or features on road reserves or any adjacent public place. Council will undertake minor restoration work as a consequence of the work at this site in consideration of the "Infrastructure Restorations Fee" lodged with the Council prior to the release of the Construction Certificate. This undertaking by the Council does not absolve the applicant or Builder/developer of responsibility for ensuring that work or activity at this site does not jeopardise the safety or public using adjacent public areas or of making good or maintaining "Council property" (as defined) during the course of this project.
Construction Conditions
112. To protect the amenity of the adjoining property, all fill under the slab is to be contained by dropped edge beams. Engineers details are to be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate.
113. Suitable window shading is to be provided to the west facing windows. Details are to be submitted to Council for approval prior to the release of the construction certificate.
Landscaping Conditions
114. The property shall support a minimum number of 3 trees that will attain 13.0 metres in height on the site, to preserve the tree canopy of Ku-ring-gai, in accordance with Council’s policy of Tree Retention/Replenishment on Residential Allotments adopted 26 April 1988. The existing tree/s, and additional tree/s to be planted, shall be shown on the Landscape Plan/Site Plan. The plan shall be submitted to Council prior to release of a Construction Certificate and approved by Council’s Landscape Development Officer, prior to commencement of work.
115. The trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby Council’s Tree Preservation Order will protect them. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
116. A CASH BOND/BANK GUARANTEE of $8,000 shall be lodged with Council as a Landscape Establishment Bond prior to the release of the Construction Certificate to ensure that the landscape works are installed and maintained in accordance with the approved landscape plan or other landscape conditions.
Fifty percent (50%) of this bond will be refunded upon issue of the final Certificate of Compliance, where landscape works as approved have been satisfactorily installed. The balance of the bond will be refunded 1 year after issue of the occupation certificate, where landscape works has been satisfactorily established and maintained.
It is the responsibility of the applicant to notify Council in relation to the refunding of the bond at the end of the 1 year period. Where a change of ownership occurs during this period it is the responsibility of the applicant to make all arrangements regarding transference of the bond and to notify Council of such.
117. The applicant shall ensure that no underground services (i.e. Water, sewerage, drainage and gas) shall be laid beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments unless approved in writing by the Council beforehand.
A plan detailing the routes of these services shall be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.
Engineering Conditions
118. Submission, for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate, of a Soil and Erosion Control Plan prepared in accordance with the NSW Department of Housing document “Managing Urban Stormwater – Soils and Construction” (1998) by a suitably qualified and experienced engineer or surveyor. Such controls should include but not be limited to appropriately sized sediment basins, diversion systems, appropriate controls for each stage of works identified and barrier fencing which maximises and protects areas which are not to be disturbed. The plan must also specify inspection and maintenance regimes and responsibilities and rehabilitation measures.
119. Provision to Council, prior to the issue of a Construction Certificate, of a $10,000.00 bond. This bond is to cover the restoration by Council of any damage to Council’s infrastructure (including drainage lines) along the site frontage or within close proximity to the subject development, or for any incomplete works, caused as a result of construction works relating to the subject development. The bond shall be refundable following completion of all works relating to the proposed development, or at the end of any maintenance period stipulated by consent conditions, upon approval by Council’s Development Engineer. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in the following circumstances:
a. Where the damage constitutes a hazard in which case Council may make use of the bond immediately.
b. The damage has not been repaired, or incomplete works have not been completed, by the Applicant within 48 hours of the issue by Council in writing of instructions to undertake such repairs or works.
120. DRIVEWAYS AND FOOTPATHS: Approval of this Development Application is for works wholly within the property and does not imply approval of footpath or driveway levels, materials or location within the road reserve regardless of whether this information is shown on the Application.
Footpath and driveway levels at the property boundary/road alignment are to be obtained from Council prior to release of the Construction Certificate. All footpaths and driveways are to be constructed strictly in accordance with Council's specifications "Construction of Gutter Crossings and Footpath Crossings". This is issued with alignment levels after completing the necessary application form at Customer Services and payment of the appropriate fee.
The grading of such footpaths or driveways outside the property are to comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant, and this may be affected by the alignment levels fixed by Council.
Note 1: The construction of footpaths and driveways outside the property, in materials other than those approved by Council, is not permitted and Council may require immediate removal of unauthorised installations.
Note 2: When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant Development Application drawing which indicates the position and proposed level (if applicable) of the proposed driveway at the boundary alignment. Failure to submit this information may delay processing.
121. Submission of revised parking layout details, for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate, of the following:
· Parking spaces to have a minimum internal clear width of 3.2 metres
· Access driveway to have a minimum clear width of 2.9 metres in all locations.
122. Submission of details and certification by a qualified civil/traffic engineer, for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate, that the parking provisions provided in common areas and within private parking areas comply with:
· SEPP 5 parking design requirements (as amended December 2000), and
· Australian Standard 2890.1 – 1993 “Off-street car parking”, and
· The 2.5 metre headroom requirement under SEPP5.
NOTE 1: This is to specifically include certification that headroom requirements are met beneath all suspended service lines in the basement carpark, including stormwater and sewer lines.
NOTE 2: All driveway access widths, grades, transitions, circulation aisle widths, sight distances, signage, clearances are to comply with these requirements.
123. The property drainage system (including but not limited to gutters, downpipes, pits, joints, flushing facilities and all ancillary plumbing) shall be designed and based upon a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence) for impervious surfaces. Design drawings and calculations are to be prepared by a suitably qualified and experienced civil/hydraulic engineer in accordance with Council's Stormwater Management Manual and the national Plumbing and Drainage Code. These must be submitted to and approved by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate.
NOTE 1: The property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist’s certification that such excavation will not affect the longevity of the subject tree(s).
NOTE 2: If the proposed drainage system involves piping underneath or within the building then the designer is to certify that the design is in accordance with AS3500.3.2:1998 and the BCA.
NOTE 3: All enclosed floor areas, including habitable and garage floor levels, are to be safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.
124. Full construction drawings of the proposed on-site stormwater detention (OSD) system, and supporting calculations, are to be prepared by a suitably qualified and experienced consulting engineer. Details must be submitted to, and approved by, the Principal Certifying Authority prior to issue of the Construction Certificate.
CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING
Administration Conditions
125. 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.
126. Prior to commencing any construction or subdivision work, the following provisions of the Environmental Planning & Assessment Act, 1979 (the 'Act') are to be complied with:
a. A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.
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.
c. Council is to be notified in writing, at least two (2) days prior to the intention of commencing buildings works, in accordance with Section 81A(2)(c) of the Act.
d. Should the development be certified by a Principal Certifying Authority other than Council, a fee for each Part 4A Certificate is to be paid to Council on lodgement of those Certificates with Council.
Construction Conditions
127. External finishes and colours are to be sympathetic to the surrounding environment. Samples of materials and finishes are to be submitted to and approved by Council prior to the commencement of work.
128. The following are required details and must be submitted to the Principal Certifying Authority prior to the works relating to the detail being carried out. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
a. A Registered Surveyors report on the set out of the buildings.
SEPP 5 Requirements
129. One (1) dwelling unit is to be designed to meet the requirements of Clause 13A(2)(d) of State Environmental Planning Policy No 5 for disabled occupation to the satisfaction of Council. Full details are to be submitted to and approved by the Principal Certifying Authority.
130. To enable the "ageing in place" philosophy to be achieved in Ku-ring-gai:
a. Prior to the commencement of construction, documentary evidence is to be provided to Council's satisfaction, of an agreement with suitably qualified service provider/s for the provision of the following services if and when required by any of the residents of the development:
· Personal care, including bathing and dressing;
· Housekeeping, including cleaning and laundry;
· Home delivered meals; and
· 24 hour a day monitored emergency call system.
b. The documentary evidence is to include the following details:
· Proposed cost to residents of each of the services listed in (a) above; and
· Proposed means of altering the cost to residents of these services. This may include: linking costs to the Consumer Price Index or a proportion of the Aged Pension; or be selecting a new service provider.
c. Promotional material shall include details of the services available to residents of the development and their cost.
d. A comprehensive residents' manual is to be provided to all residents which includes information of relevance to them, such as doctors, churches and other community services and facilities.
Pollution and Environment
131. 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.
132. To preserve and enhance the natural environment, the downslope 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.
133. To preserve and enhance the natural environment, all soil erosion and sediment control structures shall be inspected following each storm event and any necessary maintenance work shall be undertaken to ensure their continued proper operation. Sediment shall be removed from the soil erosion and sediment control structures when no more than forty percent (40%) capacity has been reached. These structures shall continue in proper operation until all development activities have been completed and the site fully stabilised.
134. 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 and approved 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 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.
CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE FINAL COMPLIANCE CERTIFICATE
135. Prior to issue of the Final Compliance Certificate/occupation, a clearly visible traffic signal system or convex mirror is to be provided within the basement parking area, which informs egressing vehicles within the basement area of an ingressing vehicle on the driveway.
136. A second dilapidation report, recording structural conditions of all structures originally assessed at 66 Wellington Street, East Lindfield prior to the excavation works, must be carried out at the completion of the development and be submitted to Council, prior to issue of the Final Compliance Certificate and issue of any subdivision certificate.
137. Prior to issue of the Final Compliance Certificate/occupation, signage must be installed at the car park entry to warn pedestrians of vehicles exiting the car park. Further signage must be installed near the car park exit to warn egressing drivers to beware of pedestrians passing over the driveway.
138. A contractor with specialist excavation experience must undertake excavations for the basement parking area. A suitably qualified and practising geotechnical engineer must supervise the excavation procedure. At the completion of the works and Prior to issue of the Final Compliance Certificate, this engineer is to provide certification to the Principal Certifying Authority (PCA) that excavation and construction of the basement level, including temporary and permanent shoring and retention measures, have been carried out :-
a. According the relevant Australian Standards and guidelines, and
b. In a manner that ensures that the structural amenity of adjoining structures and property is fully maintained.
139. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/ release of the plan of subdivision.
140. Submission of certification to the Principal Certifying Authority from a suitably qualified and experienced civil/traffic engineer prior to issue of the Final Compliance Certificate/occupation, that:
a. The car park space dimensions and vehicular headroom requirements of SEPP 5 (as amended December 2000) and AS2890.1 are met for all parking spaces and areas, and
b. All driveways and circulation aisle widths, grades, curve radii, (including transitions) meet the requirements of AS2890.1. and the relevant conditions of consent.
141. The creation of a Restriction-on-Use under the Conveyancing Act, prior to issue of the Final Compliance Certificate/Occupation, restricting the occupation of the premises to:
a. People aged 55 years or over, or people with a disability as defined by the provisions of State Environmental Planning Policy No 5 (as amended December 2000).
b. People who live with such people as defined in (a) above.
c. Staff employed to assist in the administration of and provision of services to housing provided in this development.
142. Construction of the property stormwater drainage is to be supervised and upon completion certified by a suitably qualified and experienced hydraulic engineer, prior to issue of the Final Compliance Certificate/Occupation, that:
a. The works were carried out and completed in accordance with the approved plans.
b. All enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.
A Works-as-Executed drawing of the entire property stormwater drainage system, prepared by a registered surveyor, is also to be submitted and approved by the Certifier prior to Occupation.
143. Construction of the On-site Stormwater Detention System is to be supervised and upon completion a Certificate and Works-as-Executed (WAE) plan is to be submitted to the Principal Certifying Authority for approval prior to occupation or issue of an Occupation Certificate. Certification is to be provided by a suitably qualified engineer and the WAE is to be prepared by a registered surveyor. The certifying engineer and surveyor is to also complete and submit Council’s standard On-site Stormwater Detention Certification sheet.
The Certificate is to be with respect to compliance with:
· Compatibility of the drainage system with the approved plans
· The soundness of the structure.
· The adequacy of the outlet control mechanism to achieve the discharge as specified.
· The capacity of the detention storage as specified.
· The size of the orifice or pipe control fitted.
· The maximum depth of storage over the outlet control.
· The adequate provision of a debris screen.
· The inclusion of weepholes in the base of the outlet control pit.
· The provision of an emergency overflow path.
· All enclosed floor areas, including habitable and garage floor levels, being safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.
The Works-as-Executed drawing(s) are to include all relevant levels including:
· invert levels
· surface or pavement levels
· floor levels including adjacent property floor levels
· maximum water surface level to be achieved in the storage zone
· dimensions of basin(s), tank(s), pit(s), etc.
· location(s) of basin(s), tank(s) and distances from buildings, boundaries, and easements, etc.
· storage volume(s) provided and supporting calculations
· size of orifice(s)
144. The creation of a Positive Covenant and Restriction on the Use of Land under the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention and pollution control system on the property prior to occupation or the issue of an occupation certificate. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council. For existing Titles, the Positive Covenant and the Restriction on the use of Land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA.
145. In order to maintain Council’s database of as-constructed on-site stormwater detention systems, if the Principal Certifying Authority is not Council then a copy of the approved stormwater detention design, the works-as-executed drawings and the Engineer’s certification of the as-constructed system is to be provided to Council, attention Development Engineer, prior to occupation, the issue of the Occupation Certificate or the issue of a subdivision certificate.
146. Prior to issue of the Final Compliance Certificate/occupation or the issue of a Subdivision Certificate, all disused driveway crossings, pipe crossing and/or kerb laybacks are to be reinstated as footway and kerb and/or gutter to the satisfaction of Council’s Development Engineer. Any infrastructure within the road reserve along the frontage of the subject site or within close proximity which has been damaged as a result of construction works on the subject site is to be repaired to the satisfaction of Council’s Development Engineer.
147. All parking spaces and all areas of common property, including visitor car parking spaces and on-site detention facilities, which is to be denoted common property, be included on the final plans of strata subdivision.
CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION
Administration Conditions
148. Prior to the release of any occupation certificate, a compliance certificate must be obtained from an accredited certifier, certifying that the building works for the building to be occupied comply with the plans and specifications approved by this development consent; and any construction certificate associated with this consent for the buildings to be occupied. If the PCA is not the Council, then this compliance certificate must be submitted to the Council at the same time as the occupation certificate is submitted to the Council in accordance with Clause 151(2) of the E P & A Act regulations.
Construction Conditions
149. A survey report shall be submitted to the Principal Certifying Authority prior to occupation, which certifies that the development has been constructed in accordance with the terms of this consent in relation to built upon area, building levels and setbacks.
150. The following are required details and must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
a. Details prepared by a practicing structural engineer for all or any reinforced concrete, structural steel or timber framing.
b. Wind bracing details complying with AS 1684-1992 National Timber Framing Code, AS 1170.2-1989 Wind Load Code or AS 4055-1992 Wind Loads for Housing Code.
c. Upper floor joist details, engineered or complying with AS 1684-1992 National Timber Framing Code.
d. Retaining walls and associated drainage.
e. Wet area waterproofing details complying with the Building Code of Australia.
f. Mechanical ventilation details complying with Australian Standard 1668-1993 Mechanical Ventilation & Airconditioning.
g. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
h. Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent.
151. Any mechanical ventilation installed in a dwelling shall comply with the requirements of Part 3.8.5.0 of the Building Code of Australia Housing Provisions. Documentary evidence of compliance is to be obtained from a suitably qualified person and submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
152. The building works are to be inspected during construction by the Council, an accredited certifier or other suitably qualified person/s (as applicable) and a Compliance Certificate shall be issued 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 and/or foundation material.
c. Any steel reinforcement prior to placement of concrete. This includes all reinforcement of floors, slabs, trenches, columns, beams and stairs (if components of this structure).
d. Any structural components (i.e. timber framework, structural steelwork or the like) before fixing any lining or covering.
e. Any stormwater drainage works prior to covering.
f. The completed landscape works in accordance with the approved plans.
g. The completed structure prior to occupation.
The required inspection fees (which also covers the issue of the Compliance Certificate) are to be paid to the Council before the issue of a Construction Certificate for this development.
If inspections are to be carried out by Council, 24 hours notice is required by Council's Department of Environmental and Regulatory Services, by telephoning Customer Service on 9424 0888 during business hours (8.30am to 4.30pm) or by facsimile on 9418 1117.
Note: Inspections of work which is found to be defective or not ready will attract a reinspection fee. Please cancel bookings which will not be ready for inspection.
153. To ensure compliance with this determination the building shall be set out by a Registered Surveyor and the Survey Report shall be lodged with the Principal Certifying Authority prior to the external wall construction proceeding above floor level.
154. To ensure compliance with this determination a Registered Surveyor’s Report confirming reduced levels as shown on the approved plans with particular regard to the future finished level of the floors shall be submitted to the Principal Certifying Authority on completion of that floor.
155. 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. For floors more than 4.0 metres above the ground, any horizontal elements within the balustrade or other barrier between 150mm and 760mm above the floor must not facilitate climbing.
156. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions:
Risers: Maximum 190mm Minimum 115mm
Going (Treads): Maximum 355mm Minimum 240mm
Note: Dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. The Risers and Goings shall be uniform throughout the length of the stairway.
157. For fire safety an automatic fire detection and alarm system shall be installed throughout the dwelling in accordance with the following requirements:
a. A smoke alarm system complying with Part 3.7.2 of the Building Code of Australia Housing Provisions; or
b. 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.
158. Termite protection which will provide whole of building protection in accordance with Australian Standard 3660 - "Protection of Buildings from Subterranean Termites" 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.
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.
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.
159. The following are required details and must be submitted to the Council on completion of the works. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
a. Wet area waterproofing details complying with the Building Code of Australia.
b. Mechanical ventilation details complying with Australian Standard 1684 Mechanical Ventilation and Air conditioning.
c. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
d. Stormwater disposal details complying with Council’s Stormwater Management Manual and/or other conditions of this consent.
e. A Compliance Certificate from a suitably qualified person that the buildings comply with the relevant deemed to satisfy provisions of the Building Code of Australia.
f. Waterproofing of walls/floors below ground level to prevent the entry of water into the building.
Pollution and Environment Conditions
160. Polluted water collected within excavations must be flocculated with only Gypsum (calcium sulfate) settled and filtered prior release to stormwater. Council must approve Flocculants other than Gypsum prior to use. Clarity of 50mg/L must be obtained before releasing treated water to stormwater.
Note: A practical field test to approximate this level is to fill a glass or clear plastic 65mm diameter bottle with the sample and hold it up to the light. If seeing clearly through the sample is not possible, it will need further treatment and settling.
S J Watts
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