Gladstone Five Pty Ltd v Ku-ring-gai Council - [2009] NSWLEC 1432

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION: Gladstone Five Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1432

PARTIES:
APPLICANT
Gladstone Five Pty Ltd
RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S): 10735 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT MODIFICATION :- Conditions concerning construction traffic management and location of air condition plant on roof top.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Ku-ring-gai P.S.O.
Draft Ku-ring-gai LEP
SEPP No. 65
SEPP (Building Sustainability Index Basix) 2004

DATES OF HEARING: 26 November 2009, 9, 11 and 17 December 2009

DATE OF JUDGMENT:
24 December 2009

LEGAL REPRESENTATIVES:
APPLICANT
Ms S Jellie (solicitor)
SOLICITOR
Pricewaterhouse Coopers
RESPONDENT
Mr P Marincowitz (solicitor)
SOLICITOR
DLA Phillips Fox

JUDGMENT:

- 2 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

24 December 2009

10735 of 2009 Gladstone Five Pty Ltd v Ku-ring-gai Council

JUDGMENT

Background

1 This appeal is against council’s refusal of a s96 application to modify some conditions of consent imposed on a development consent for the demolition of 3 houses to enable the construction of a residential flat building comprising 27 units and 41 car spaces. They are contained within 5 residential levels over 2 basement parking levels and located at 5 Gladstone Street, Lindfield.

2 The appealed conditions relate to condition 11, which restricts the construction and traffic arrangements over the projected 14-month construction period during the school peak access periods. The other condition is No 32, which requires all plant and equipment to be located in the basement. The applicant requires the air-conditioning plant (A/C) to be situated on the roof.

3 The appeal commenced on-site at a s 34 conference. A number of residents had the opportunity of expressing their concerns, which are summarised as follows:

Safety of school children who access the nearby Lindfield Public School, which is opposite the site in Grosvenor Road. Some of the children use Drovers Way and there is safety concern due to the construction truck movements, particularly during the peak periods.
The condition originally imposed restricting truck movements during the peak school times should be maintained.
Concern about the noise amenity generated by locating the air conditioning condensers/infrastructure on top of the building.
Concern about the appearance of the roof top A/C units.

4 The parties were unable to reach an agreement but consented to the merits of the application being determined.

The site

5 The site is described as Lot 3 in DP 1047542, Lots 10 and 11 in DP 1048182, otherwise known as 5, 5A and 7 Gladstone Parade, Lindfield. The site is zoned Residential 2(d3) in accordance with the provisions of Ku ring gai Planning, Scheme Ordinance (KPSO).

6 The site is irregular in shape and has a total area of 2474 sq m and is situated on the lower side of Gladstone Parade at its intersection with Drovers Way. It has a frontage of approximately 43.23 metres to Gladstone Parade and 36.99 metres to Drovers Way. The site falls from the front southern boundary (RL 98) to the rear northwestern corner (RL 89.20) with an average gradient of approximately 20%.

7 The immediately surrounding area is predominantly residential development. However Lindfield Public School is located to the south of the subject site across Gladstone Parade. Further to the north is Lindfield Town Centre. The adjoining properties to the north are 2A Drovers Way and 9A Gladstone Parade. These sites contain detached dwellings and are zoned Residential 2(d3) in accordance with KPSO.

8 Properties to the east across Drovers Way are older style walk up residential flat buildings. Adjoining the site to the west are 2 access handles, which provide access to single dwelling houses at 9A and 9B Gladstone Parade. Further to the south beyond the access handles are single dwelling houses on sites zoned Residential 2(c2), which is a lower density residential zone.

9 The subject site and the immediately adjoining sites to the north and to the east are proposed to be zoned R4 High Density Residential in accordance with the draft Ku ring gai Local Environmental Plan (Town Centres) 2008.

10 As noted, the 2 issues concern the management of the construction traffic, particularly during the school peak hours and the roof top location of the A/C plant, which I deal with on the following basis.

Construction traffic

11 This issue was addressed by Mr R Varga; the applicant’s traffic consultant and Mr C McLaren; the respondent’s traffic consultant.

12 After consideration of the resident objections and a further site inspection, these experts agreed that Condition 11 be amended in accordance with the following 11A.

Condition 11

“The applicant must produce and maintain

on-site

a revised Construction Traffic Management Plan (incorporating required Traffic Control Plans), which incorporates the following matters:

1. That trucks associated with the demolition, excavation and concrete pour phases of the project are not to use Gladstone Parade at any time and shall obey the following truck routes, with drivers advised to travel at low speed (i.e. 40km/h or less) along the local roads, specifically Drovers Way Beaconsfield Parade, Bent Street and Grosvenor Road:

a) Main Approach/Departure Route

Pacific Highway – Beaconsfield Parade – Drovers Way route, or

b) Alternative Approach/Departure Route

Lane Cove Road, Ryde Road, Delhi Road or Millwood Avenue to the Lady Game Drive – Grosvenor Road – Bent Street – Beaconsfield Parade – Drovers Way route.

c) During restricted school day times of 8.00am to 9.30am and 2.30pm to 4.00pm (subject to Conditions 11A (5) and (6) below) concrete trucks are restricted to the Pacific Hwy – Beaconsfield Parade – Drovers Way route only.

2. The maximum peak hourly truck arrivals shall be limited to five (5) during the demolition, excavation and concrete pour phases of the project.

3. Work zones shall be provided along Drovers Way at the following locations:

a) Site frontage.

b) On the northern side fronting No. 3 Drovers Way.

4. The traffic control plans for excavation and construction shall incorporate the following elements:

a) Maximum length of rigid truck to be 11 metres or truck and dog combination. A separate application must be made to Council for semi-trailer deliveries and how these vehicles will be managed to reduce the extent of reversing activity within public streets.

b) At least four (4) RTA accredited Traffic Controllers during the demolition, excavation and concrete pour phases of the project to assist vehicle and pedestrian conflicts at the following locations:

i) At the bend in Drovers Way with Gladstone Parade (Controller1).

ii) At the Drovers Way construction driveway (Controller 2).

iii) At the low point in Drovers Way near No. 3 Drovers Way (Controller 3).

iv) At the crest in Drovers Way near Beaconsfield Parade (Controller 4).

c) Specify the full duties of each of the Traffic Controllers with particular regard to:

i) Prohibiting encroachment of construction vehicles (particularly trucks) onto the bitumen area in front of the garages opposite the site in Drovers Way.

ii) Communication between Controllers 3 and 4 of approaching trucks (e.g. walkie talkies).

d) The concrete pumper location shall be positioned on-site with its location and on-site concrete delivery truck positions identified on the relevant Traffic Control Plan. A separate application shall be made for an on-street location for the concrete pumper.

5. That

no

trucks during the

demolition

and

excavation

phase shall approach or leave the site via Drovers Way on school days between the student arrival and departure periods of 8.00 to 9.30 am and 2.30 to 4.00 pm.

6. That

no

trucks during the

major concrete pour days

associated with the delivery of concrete (or other trucks associated with the construction phase) shall approach or leave the site via Drovers Way on school days between the student arrival and departure periods of 8.45 to 9.05am and 2.45 to 3.15pm.

7. On all major concrete pour days, notification to the Council, adjacent residences and Lindfield Public School shall occur at lease two (2) to three (3) days prior to the pour date(s).

8. In exceptional circumstances on days when concrete pours are likely to take

10

hours or more, the applicant may apply to Council for approval to undertake a Saturday pour (at least two (2) weeks in advance of the pur date). Council will identify the approved hours for the exceptional Saturday pour date(s). At least seven (7) days in advance of the approved Saturday(s), the applicant shall notify the adjacent residences and Lindfield Public School of the approved pour date(s).”

13 Having considered the objections, and undertaken a site inspection, I am satisfied that the modified Condition 11A reasonably addresses the issues raised because:

Air Conditioning Plant Location

14 It appears from the submissions made that the location of all the air conditioning plant was not specifically shown as being located in the basement on the development application plans.

15 Consequently this has resulted in the imposition of condition 32, which the applicant requires to be modified by way of deletion.

16 The modification now involves:

17 This enclosure is to have a noise attenuation specification and to be integrated with the lift over-run structure, which is approximately 3m x 3m and 1.2 high.

18 The applicant now contends that compliance with condition 32, requiring all plant to be located within the basement is neither economically feasible nor environmentally responsible. This is in part due to an unreasonable additional demand for energy use being required to force basement air circulation, which is contrary to the principles of the Building Sustainability Index (BASIX).

19 The applicant also pursues the proposal on the basis that the roof top location of the A/C plant and subdued colour of the enclosure will not impact on the visual appearance or amenity of surrounding properties in the locality. This is supported on the basis of the sight lines diagram as contained in exhibit C.

20 The main submission for council is that size of the rooftop A/C enclosure is excessive and non-compliant with the KPSO and DCP provisions that have been consistently adhered to. Consequently its approval would not satisfy the good design provisions of the controls. The KPSO controls seek to encourage the enhancement of the environmental qualities of Ku-ring-gai and in particular:

Division 3

25C Aims and objectives of Part 3A

(2) (c) to achieve high quality urban design and architectural design,

(d) to achieve development of Ku-ring-gai with regard to the principles of ecologically sustainable development …

21 The DCP also provides relevant controls for various elements of the proposals in order to achieve a good design outcome. The desired future character statement in Part 3.2 states:

“Buildings will achieve designs that create climatically sensitive dwellings that are accessible and comfortable to live in with minimum need for heating or cooling and optimise water sensitive design.”

22 One of the relevant elements is contained in:

2.1.4 (Articulation and Materials

E – 14 Lift overruns and plant equipment should be integrated into the building form and should not be visible.

23 Another element concerns Built Form and Articulation as contained in Part 4.4. One of the design objective is:

0-5 Building elements are integrated into the overall building form

24 The associated design controls include:

C-7 Service elements (such as lift over runs, service plants, vent stacks, telecommunications infrastructures, gutters and down pipes) shall be integrated into the overall design of the roof.

25 It is apparent to me in this matter that the threshold matter concerns the appropriate balance between the visual impacts of the rooftop A/C versus the energy efficiency of the basement location. In this regard, it appears to me that the controls are not mandatory that A/C be located in the basement. Instead such plant can be located on the roof, providing it is integrated into the roof form and not visible.

26 In the current matter, the applicant submits that in the prevailing context, the rooftop location is unlikely to be visible from most public domain localities. Also that it is more energy-efficient in this case to locate the A/C on the rooftop, to achieve effective air circulation.

27 According to Mr A Mirvis, the applicant’s consulting mechanical/air conditioning engineer, the basement location would necessitate the placement of a relatively large exhaust fan in the basement and the overall operation would result in an additional 15% consumption of power.

28 This conclusion is based on his assessment that the locating of the 30 systems in the basement without significant changes to the ventilation arrangements would result in excessive temperature increases beyond 55 deg., likely to cause system breakdowns, loss of efficiency and unsanitary conditions for building occupants in the car park area.

29 Mr Mirvis supports the roof top location for the A/C on the following basis:

Conclusions

30 Having considered the evidence, the submissions and undertaken a view, I am satisfied this modification merits conditional approval. The modifications are merit matters that are permitted under the current KPSO and DCP.

31 Insofar as there is the draft Ku-ring-gai LEP (Town Centres) 2008, it proposes that the surrounding area be zoned R4 High Density Residential. Whilst there is no substantive evidence regarding its imminent or certain approval, the main potential concerns arising from its approval would be visual impacts and noise amenity for future neighbouring residents. Accordingly I have taken these concerns into account.

32 As I previously noted, the threshold issue concerns the balance between the A/C efficiency as compared to the resultant visual impact of the roof top location of the A/C. The only expert evidence on the energy efficiency was that of Mr Mirvis. He is experienced in the design of such A/C systems and according to his assessment of this building, the basement location would require relatively large 1800mm diameter exhaust fans and the overall system would consume about 15% more energy.

33 Accordingly, I am satisfied to rely on Mr Mirvis’s technical assessment that the roof top location is more energy efficient and that it represents current design practice for equivalent buildings with more that 6 apartments to have their A/C plant on the roof top to facilitate better and more natural ventilation. I also give some weight to his statement that the basement location A/C systems currently cause more disputes due to the associated ventilation problems.

34 However I accept that this energy efficiency consideration should be considered in the context of the other DCP requirements. Whilst council submits that its consistent policy is to require basement A/C, nevertheless cl E.14 does allow rooftop A/C plant, providing it is within the building and/or roof form. The over-riding objective being that such plant should not be visible.

35 In the current matter, the approved building includes a lift over-run structure of approximately 4m x 3m floor area and a 1.2m height. Insofar as the A/C enclosure is approximately 7m x 9m and 1.5m high, I do not consider it will be readily discernible. Importantly, the A/C plant will not be visible.

36 At the view it was apparent that the surrounding topography is undulating and that there is mature vegetation on the site and surrounding. From the consideration of the sight lines diagrams and observations from various locations, and taking into account the various sight bench marks, I am satisfied the proposed enclosure structure will have very limited visibility from the public domain and as such, in the circumstances this application, warrants the exercise of the discretion to vary a control that is imposed under the DCP.

37 In this regard I note that council presented details on a considerable number (75) of recent RFB approvals, as contained in Exhibit 7. It appears that 21 of these had a condition requiring the location of the A/C in the basement. Although, it appears that other buildings have incorporated the A/C on the roof, within some form of roof structure. From reference to some of the plans, the aesthetics of some roof top enclosures is of a very subjective nature. However, in the current matter, I am satisfied that the proposal is consistent with the intent of the development controls because the A/C is not visible and integrates with the roof form of this building.

38 In the ultimate, I am satisfied that the roof top location of the A/C plant can be integrated with the lift over run structure so as to reasonably satisfy the visibility controls that the A/C plant will not be visible. I do however consider that a marginally better visual outcome would be for the combined lift and A/C structure to have a uniform height of 1.5m. In my assessment of the evidence in this matter, this element would be consistent with the building form, which contributes to a high quality urban design form.

39 The remaining issues concerns resultant noise amenity. In this regard I have considered the Acoustic Logic Consultancy report of 7 August 2009. Whilst it stated that the final selection of A/C plant is usually deferred until the building is at an advanced construction phase, nevertheless they have undertaken long-term unattended noise monitoring of the existing background noise levels.

40 Consequently, ALC is satisfied that by taking into account the various building factors, then compliance with accepted noise criteria conditions will be achieved through basis ameliorative measures, or if higher quality condensing units are selected, then these measures are unlikely to be required.

41 In any case, the following condition 31 of the consent remains in force:

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm – 6.00am) when measured at the boundary.

42 I am satisfied from the evidence that appropriate A/C plant specification can be selected, which satisfies this condition.

43 In conclusion then, I am satisfied this s96 application relates to the same development, it has been notified and the objectors notified and their concerns considered on merit. Furthermore, I accept that the revised condition 11A is reasonable and that the A/C plant on the roof, as contained with the enclosure to substantially reduce its visibility, achieves the objectives of the control to merit consent.

Court orders

44 The Court orders.

2 The s 96 modification to DA MOD0161/09 is allowed in respect of conditions 1, 11(A) and 32, which is deleted. The modifications are shown in the consolidated conditions contained in Annexure A.

3 The exhibits may be returned except for A and 6.

___________________

R Hussey

Commissioner of the Court

Annexure ‘A’

Conditions of Consent

Gladstone Five Pty Ltd v Ku-ring-gai Council

1 Approved architectural plans and documentation (new development). MODIFIED by NSWLEC on 24 November 2009.

Plan no.	Drawn by	Dated
DA0.02, DA1.01 Issue B	Marchese & Partners	8/5/2008
DA2.00 Issue E	Marchese & Partners	19/9/2008
DA2.01 to 2.07 (inclusive) Issue D	Marchese & Partners	26/8/2008
DA 3.01 to DA3.03 (inclusive) Issue D	Marchese & Partners	26/8/2008
DA4.01 to 4.04 (inclusive) Issue D	Marchese & Partners	26/8/2008

Document(s)	Dated
DA5.01 Schedule of Materials and Finishes Issue B	8/5/2008
Statement of Environmental Effect by James Lovell and Associates.	May 2008
Building Code of Australia Assessment Report by BCA Logic	5 May 2008
Access Report by Mark Relf	30 April 2008
General Construction – Traffic Management Plan, prepared by Varga Traffic Planning Pty Ltd	4 December 2009
Construction Traffic Management Plan – To be used during Demolition, Excavation & Concrete Pours, prepared by Varga Traffic Planning Pty Ltd	4 December 2009
Construction Management and Sediment Control Plan by Statewide Project Management.	April 2008
Footprint Green Pty Ltd submission	8 July 2008
Geotechnical report prepared by Geotechnique Pty Ltd	10 December 2008

s.96 plan no.	Drawn by	Dated
DA2.00 – DA2.02 (Issue F)	Marchese & Partners	18.08.2009
DA2.03 – DA2.05 (Issue G)	Marchese & Partners	18.08.2009
DA2.06 (Issue F)	Marchese & Partners	18.08.2009
DA2.07 (Issue G)	Marchese & Partners	18/8/2009
DA3.01 (Issue H)	Marchese & Partners	18.08.2009
DA3.02 (Issue G)	Marchese & Partners	18.08.2009
DA3.03 (Issue F)	Marchese & Partners	18.08.2009
DA4.01 – DA4.05 (Issue G)	Marchese & Partners	18.08.2009
DA6.03 (Issue F)	Marchese & Partners	18.08.2009

Reason: To ensure that the development is in accordance with the determination.

*Plan no.*	*Drawn by*	*Dated*
LP.01/C Sheet 1 of 1	Narelle Sonter Botanica	September 2008
BP.01/C Sheet 1 of 1	Narelle Sonter Botanica	September 2008

Reason:

4 Notice of commencement

Reason: Statutory requirement.

Reason: To record the structural condition of public infrastructure before works commence.

Full road pavement width, including kerb and gutter, of Drovers Way & Gladstone Parade over the site frontages, including the full intersection.
All driveway crossings and laybacks opposite the subject site.
Full road pavement width, including kerb and gutter, for at least 50 metres (from the property boundary) in a northerly direction up Drovers Way.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works commence.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office.

Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

The existing footpath
The existing kerb and gutter
The existing full road surface between kerbs
The existing verge area
The existing driveway and layback where to be retained
Any existing drainage infrastructure including pits, lintels, grates.

Reason: To protect public infrastructure.

Address

A2 Drovers Way
9A Gladstone Parade
11 Gladstone Parade
3 Gladstone Parade

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

1 A plan view of the entire site and frontage roadways indicating:

2 Traffic control plan(s) for the site

3 A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided

Light traffic roads (excluding Grosvenor Road) and those subject to a load or height limit must be avoided where alternate routes exist. The traffic control plan(s) must address the matters stated in Condition 11A.

A copy of this route is to be made available to all contractors and shall be clearly depicted at a location within the site.

The plan must provide a schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of their construction management obligations. These must specify that construction-related vehicles are to comply with the approved requirements.

For those construction personnel that drive to the site, the applicant shall attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.

The construction and traffic management 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. The construction management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of, and during, works on-site including excavation.

As the plan has a direct impact on the local road network, the plan shall be submitted to and reviewed by Council’s Development Engineer. Written acknowledgment from Council’s Engineer shall be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason:

To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

11A The applicant must produce and maintain on-site a revised Construction Traffic Management Plan (incorporating required Traffic Control Plans), which incorporates the following matters:

Pacific Highway – Beaconsfield Parade – Drovers Way route, or

Lane Cove Road, Ryde Road, Delhi Road or Millwood Avenue to the Lady Game Drive – Grosvenor Road – Bent Street - Beaconsfield Parade – Drovers Way route.

c) During restricted school day times of 8.00am to 9.30am and 2.30pm to 4.00pm (subject to Conditions 11A (5) & (6) below) concrete trucks are restricted to the Pacific Hwy – Beaconsfield Parade – Drovers Way route only

2. The maximum peak hourly truck arrivals shall be limited to five (5) during the demolition, excavation and concrete pour phases of the project.

(Controller 2)

5. That no trucks during the demolition & excavation phase shall approach or leave the site via Drovers Way on school days between the student arrival and departure periods of 8.00 to 9.30am and 2.30 to 4.00pm.

6. That no trucks during the major concrete pour days associated with the delivery of concrete (or other trucks associated with the construction phase) shall approach or leave the site via Drovers Way on school days between the student arrival and departure periods of 8.45 to 9.05am and 2.45 to 3.15pm.

7. On all major concrete pour days, notification to the Council, adjacent residences and Lindfield Public School shall occur at least two (2) to three (3) days prior to the pour date(s).

8. In exceptional circumstances on days when concrete pours are likely to take 10 hours or more, the applicant may apply to Council for approval to undertake a Saturday pour (at least two (2) weeks in advance of the pour date). Council will identify the approved hours for the exceptional Saturday pour date(s). At least seven (7) days in advance of the approved Saturday(s), the applicant shall notify the adjacent residences and Lindfield Public School of the approved pour date(s).”

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason: To preserve and enhance the natural environment.

Schedule
Tree/location	Radius from trunk
Pittosporum undulatum (Sweet Pittosporum) Tree 2	3m
Nyssa sylvatica (Tupelo) Tree 12	4m
Cedrus deodara (Himalayan Cedar) Tree 13	4m to south, 6m otherwise
Angophora floribunda (Rough-Barked Apple) Tree 29	5m
Pittosporum undulatum (Sweet Pittosporum) Tree 55	3m
Cupressus sp. Tree 56	3m
Cupressus sp. Tree 57	3m
Cupressus sp. Tree 58	3m
Cupressus sp. Tree 59	3m
Jacaranda mimosifolia (Jacaranda) Tree 74	5m

Reason:

Schedule
Tree/location	Radius from trunk
Pinus patula (Mexican Pine) Tree 1	7m

Reason:

Reason: To protect existing trees during the construction phase.

19 Traffic signs

Reason: To ensure that traffic signs are correctly relocated.

Reason: To ensure continuous structures will not be placed across separate titles.

Plan no.	Drawn by	Dated
Narelle Sonter	LP01/C	26/09/08

1. To reduce dominance of proposed building, three (3) additional Eucalyptus saligna (Sydney Blue Gum) shall be located within Gladstone Parade frontage. The proposed planting of Angophora floribunda (Rough-Barked Apple) on the corner of Gladstone Parade and Drovers Way shall be substituted with two Eucalyptus saligna (Sydney Blue Gum). One (1) additional Eucalyptus saligna (Sydney Blue Gum) shall be located along the north-western boundary between Tree 2 and Tree 12, and one additional Eucalyptus saligna (Sydney Blue Gum) shall be located along the north-western boundary to north-east of Tree 55. The trees shall be planted approximately 8m from the building to allow for mature canopy spread. These trees can be grouped irregularly to allow for view corridors and solar access to new building.

2. To reduce the dominance to the proposed building, one (11 additional Angophora floribunda (Rough-Barked Apple) and three (3) additional medium size trees shall be planted within Drovers Way frontage such as Elaeocarpus reticulatus (Blueberry Ash), Ceratopetalum gummiferum (NSW Christmas Bush).

3. Fire escape steps to western elevation to be shown in accordance with architecturals.

4. To preserve the health and condition of the following tree, the proposed path, associated retaining walls and masonry boundary wall shall not encroach within the specified radius. Existing levels shall be retained within specified radius of tree. Masonry wall to be replaced with light timber structure to 900mm height or hedge planting. Proposed letterbox shall be relocated.

Schedule Tree/location	Radius from trunk
Angophora floribunda (Rough-Barked Apple) Tree 29	4m

Note: An amended landscape plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason: To ensure that the development is in accordance with the determination.

Plan no.	Drawn by	Dated
382839	AFCE Environment & Building	4/2008

The total required storage volume provided as on-site detention storage. BASIX commitments do not specify any minimum rainwater tank volume.
The on-site detention storage volume increased (miscalculated).
Plans updated in accordance with the approved plans.
The majority of roof water from the development directed to the detention system via gravity (i.e. suspended plumbing). Runoff from hard surface areas unable to drain via gravity (i.e. LG.01 balconies etc.) to be directed to the basement pump-out system.

Note: An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.

Reason: To ensure that the development is in accordance with the determination.

Reason: Statutory requirement.

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. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at 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).Reason: Statutory requirement.

Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access & amenity.

exact location and reduced level of discharge point to the public drainage system
layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders, pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)
details of the required on-site detention system required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements)
the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)

Reason: To protect the environment.

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

Reason: To comply with best practice standards for residential acoustic amenity.

33 Driveway crossing levels

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. 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 of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent 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 development application plans. The grading of such footpaths or driveways outside the property shall 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 the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

vehicular access can be obtained using grades of 25% (1 in 4) maximum and
all changes in grade (transitions) comply with Australian Standard 2890.1 –“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 – 2004 “Off-street car parking”
a clear height clearance of 2.5 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement
no doors or gates are provided in the access driveways to the basement car park which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

Reason: To ensure that parking spaces are in accordance with the approved development.

Reason: To control surface run off and protect the environment.

Reason: To ensure that parking spaces are in accordance with the approved development.

Visitor spaces 7 spaces

Total spaces 40 spaces

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

Reason: To provide alternative modes of transport to and from the site.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

Reason: To ensure compliance with the requirements of relevant utility providers.

Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.

43 Infrastructure restorations fee

ii. The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

iii. The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

iv. In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

v. In this condition:

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason:

Column A	Column B
Community facilities	$19,436.70
Park acquisition and embellishment works	$472,622.58
Park embellishment works	$37,345.43
Sports grounds works	$66,333.35
Aquatic / leisure centres	$3,926.92
Traffic and transport	$5,540.22
Section 94 Plan administration	$4,966.53
Total contribution is:	$610,171.73

Reason: To ensure 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 the development.

45 Prescribed conditions

The work must be carried out in accordance with the requirements of the Building Code of Australia
In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.

Reason:

Reason: To ensure that the development is in accordance with the determination.

Reason: To protect public infrastructure.

Reason: To ensure compliance with the Australian Standards.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm.

Where it is necessary for works to occur outside of these hours (i.e. concrete pours and standing of plant), approval for such will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit for work outside of the approved hours will result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

The site notice must:

be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted
display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer
be durable and weatherproof
display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice
be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:

physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust
earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed
all materials shall be stored or stockpiled at the best locations
he ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs
all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust
all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays
gates shall be closed between vehicle movements and shall be fitted with shade cloth
cleaning of footpaths and roadways shall be carried out daily

Reason:

compare the post-construction dilapidation report with the pre-construction dilapidation report
have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

Reason: Management of records.

further geotechnical investigations and testing recommended in the above report(s) and as determined necessary
further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary
written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason:

Geotechnical aspects of the development work, namely:

appropriate excavation method and vibration control
support and retention of excavated faces
hydro-geological considerations
rock anchors
footings

Reason: To ensure the safety and protection of property.

Reason: To ensure safety and amenity of the area.

Reason: To ensure public safety.

Reason: Statutory requirement.

If necessary, a hoarding 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 hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

Reason: To facilitate recycling of materials.

are not to cover any mechanical ventilation inlet or outlet vent
are not illuminated, self-illuminated or flashing at any time
are located wholly within a property where construction is being undertaken
refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken
are restricted to one such sign per property
do not exceed 2.5m2
are removed within 14 days of the completion of all construction works

Reason:

Reason: To ensure the ongoing safety and protection of property.

Reason: To ensure safe public footways and roadways during construction.

Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.”

Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.

Reason: To protect public infrastructure.

Reason: Provision of utility services.

How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road
That the locations of the rock anchors are registered with Dial Before You Dig
That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.
That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.
That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason: To ensure the ongoing safety and protection of property.

Reason: To preserve and enhance the natural environment.

Reason: To protect the environment.

Reason: Stormwater control.

Reason: Statutory requirement.

Schedule
Tree/location	Time of inspection
Pinus patula (Mexican Pine) Tree 1	Excavation for driveway
Cedrus deodara (Himalayan Cedar) Tree 13	Excavation for basement
Angophora floribunda (Rough-Barked Apple) Tree 29	Excavation for front fence and path
Jacaranda mimosifolia (Jacaranda) Tree 74	Excavation for front fence

Reason:

Schedule
Tree/location	Tree works
Pinus patula (Mexican Pine) Tree 1	Minor canopy pruning
Cedrus deodara (Himalayan Cedar) Tree 13	Minor canopy pruning
Angophora floribunda (Rough-Barked Apple) Tree 29	Minor canopy pruning

Reason:

Reason: To protect existing trees.

Schedule
Tree/location	Radius from trunk
Pinus patula (Mexican Pine) Tree 1	7m
Pittosporum undulatum (Sweet Pittosporum) Tree 2	3m
Nyssa sylvatica (Tupelo) Tree 12	4m
Cedrus deodara (Himalayan Cedar) Tree 13	6m
Angophora floribunda (Rough-Barked Apple) Tree 29	5m
Pittosporum undulatum (Sweet Pittosporum) Tree 55	3m
Cupressus sp. Tree 56	3m
Cupressus sp. Tree 57	3m
Cupressus sp. Tree 58	3m
Cupressus sp. Tree 59	3m
Jacaranda mimosifolia (Jacaranda) Tree 74	5m

Reason:

Schedule
Tree location	Approved tree works
Livistona australis (Cabbage Tree Palm) Tree 5	Removal
Liquidambar styraciflua (Liquidambar) Tree 6	Removal
Livistona australis (Cabbage Tree Palm) Tree 10	Removal
Callitris rhomboidea (Port Jackson Pine) Tree 15	Removal
Pittosporum undulatum (Sweet Pittosporum) Tree 16	Removal
Pittosporum undulatum (Sweet Pittosporum) Tree 18	Removal
Acer palmatum (Japanese Maple) Tree 20	Removal
Pittosporum undulatum (Sweet Pittosporum) Tree 23	Removal
Pittosporum undulatum (Sweet Pittosporum) Tree 27	Removal
Prunus sp. (Prunus) Tree 30	Removal
Pittosporum undulatum (Sweet Pittosporum) Tree 32	Removal
Photinia glabra (Hawthorn) Tree 40	Removal
Camellia sasanqua (Chinese Camellia) Tree 41	Removal
Camellia sasanqua (Chinese Camellia) Tree 42	Removal
Magnolia x soulangiana (Magnolia) Tree 43	Removal
Camellia sasanqua (Chinese Camellia) Tree 44	Removal
Michelia figo (Port Wine Magnolia) Tree 45	Removal
Melaleuca quinquenervia (Broad Leaved Paperbark) Tree 47	Removal
Photinia glabra (Hawthorn) Tree 48	Removal
Platycladus orientalis (Bookleaf Cypress) Tree 49	Removal
Michelia figo (Port Wine Magnolia) Tree 50	Removal
Camellia sasanqua (Chinese Camellia) Tree 51	Removal
Acer sp. Tree 52	Removal
Cupressus sp. Tree 54	Removal
Lagerstroemia indica (Crepe Myrtle) Tree 68	Removal
Cupressus sp. Tree 63	Removal

Reason: To ensure that the development is in accordance with the determination.

Schedule
Tree/location	Radius from trunk
Pinus patula (Mexican Pine) Tree 1	7m
Cedrus deodara (Himalayan Cedar) Tree 13	6m

Reason:

Schedule
Tree/location	Radius from trunk
Pinus patula (Mexican Pine) Tree 1	7m
Pittosporum undulatum (Sweet Pittosporum) Tree 2	3m
Nyssa sylvatica (Tupelo) Tree 12	4m
Cedrus deodara (Himalayan Cedar) Tree 13	6m
Angophora floribunda (Rough-Barked Apple) Tree 29	5m
Pittosporum undulatum (Sweet Pittosporum) Tree 55	3m
Cupressus sp. Tree 56	3m
Cupressus sp. Tree 57	3m
Cupressus sp. Tree 58	3m
Cupressus sp. Tree 59	3m
Jacaranda mimosifolia (Jacaranda) Tree 74	5m

Reason:

Reason: To protect existing trees.

Reason: To protect the environment.

Reason: To maintain the treed character of the area.

Reason: To protect the environment.

81 Easement for waste collection

Reason: To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.

Reason: Statutory requirement.

The Building Code of Australia
Australian Standard AS1668
Australian Standard AS3666 where applicable

Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason: To protect the amenity of surrounding properties.

Reason: To ensure that the landscape works are consistent with the development consent.

the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2
the level and direction of travel, both in lifts and lift lobbies, is audible and visible
the controls for lifts are accessible to all persons and control buttons and lettering are raised
international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2
the height of lettering on signage is in accordance with AS 1428.1 – 1993
the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods

Reason:

a copy of the approved Construction Certificate stormwater detention design for the site
A copy of any works-as-executed drawings required by this consent
The Engineer’s certification of the as-built system.

Reason:

the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans
the minimum on-site detention storage volume requirements of Ku-ring-gai Water Management Development Control Plan No. 47 have been achieved
basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47
all grates potentially accessible by children are secured
components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia
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

Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

as built (reduced) surface and invert levels for all drainage pits
gradients of drainage lines, materials and dimensions
as built (reduced) level(s) at the approved point of discharge to the public drainage system
as built location and internal dimensions of all detention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site
the achieved storage volumes of the installed detention storages and derivative calculations
as built locations of all access pits and grates in the detention system, including dimensions
the size of the orifice or control fitted to the on-site detention system
dimensions of the discharge control pit and access grates
the maximum depth of storage possible over the outlet control
top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

Reason: To protect the environment.

Note: A maintenance regime specifying that the system is to be regularly inspected and checked by qualified practitioners is to be prepared by a suitably qualified professional and provided to the Principal Certifying Authority for approval.

Reason: To protect the environment.

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 (refer to appendices of Ku-ring-gai Council Water Management DCP 47). 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.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason: To protect the environment.

Reason: Statutory requirement.

the as-constructed car park complies with the approved Construction Certificate plans
the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 – 2004 “Off-Street car parking" in terms of minimum parking space dimensions
finished driveway gradients and transitions will not result in the scraping of the underside of cars
no doors, gates, grilles or other structures have been provided in the access driveways to the basement car park, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
the vehicular headroom requirements of:
- Australian Standard 2890.1 – “Off-street car parking”,
- 2.44 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement car park.

Note:

Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.

new concrete driveway crossing and layback in accordance with levels and specifications issued by Council
removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)
full repair and resealing of any road surface damaged during construction
full replacement of damaged sections of grass verge with a non-friable turf of native variety to match existing

Reason: To protect the streetscape.

Reason: To protect public infrastructure.

95 Outdoor lighting

Reason: To protect the amenity of surrounding properties.

Reason: To facilitate access to the garbage collection point.

Reason: To protect the amenity of surrounding residents.

These requirements are to be enforced through the following:

restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919
restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason:

ii. A Construction Certificate shall not be issued until the measures detailed in the above Geotechnique Pty Ltd report have been incorporated into the construction drawings and specifications. Prior to the commencement of works the Principle Certifying Authority shall provide verification to Railcorp that this condition has been complied with.

iii. A Risk Assessment/ Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Railcorp for review and comment prior to the works commencing on site. It should be noted that Railcorp’s representative may impose conditions on the methods to be used and require the provision of on site Safe Working supervision for certain aspects of the works.

iv. Details of any proposed piling, sheet piling, batter and anchors should be provided to Railcorp for review and comment prior to work commencing.

v. An acoustic assessment is to be submitted to Council prior to the issue of an construction certificate demonstrating how the proposed development will comply with the Department of Planning’s Road and Rail Guidelines. A Construction Certificate must not be issued until the measures recommended in the Acoustic Report have been incorporated into the design.

vi. Prior to the issuing of a Construction Certificate the applicant is to procure a report on the electrolysis Risk to the development from stray currents, and the measures that will be taken to control that risk. The applicant is advised to consult an Electrolysis expert. A Construction Certificate must not be issued until the measures recommended in the Electrolysis report have been incorporated into the design.

vii. As large scale excavation is involved, the applicant is required to put in place a vibration monitoring system to monitor vibration levels on the adjoining rail corridor for the duration of the works. The plan shall meet Railcorp’s requirements and be submitted to Railcorp for review prior to the commencement of works.

viii. Where a condition of consent requires Railcorp’s endorsement the Principle Certifying Authority shall not issue a Construction Certificate or Occupancy Certificate, as the case may be, until written confirmation has been received from Railcorp that the particular condition has been complied with.

To safeguard the amenity of the locality.

_______________________

ljr

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Citations

Gladstone Five Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1432

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CITATION:	Gladstone Five Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1432
PARTIES:	APPLICANT Gladstone Five Pty Ltd RESPONDENT Ku-ring-gai Council
FILE NUMBER(S):	10735 of 2009
CORAM:	Hussey C
KEY ISSUES:	DEVELOPMENT MODIFICATION :- Conditions concerning construction traffic management and location of air condition plant on roof top.
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Ku-ring-gai P.S.O. Draft Ku-ring-gai LEP SEPP No. 65 SEPP (Building Sustainability Index Basix) 2004
DATES OF HEARING:	26 November 2009, 9, 11 and 17 December 2009
DATE OF JUDGMENT:	24 December 2009
LEGAL REPRESENTATIVES:	APPLICANT Ms S Jellie (solicitor) SOLICITOR Pricewaterhouse Coopers RESPONDENT Mr P Marincowitz (solicitor) SOLICITOR DLA Phillips Fox