Kostya Kulakowski v Blacktown City Council - [2003] NSWLEC 303

No judgment structure available for this case.

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Land and Environment Court

of New South Wales

CITATION: Kostya Kulakowski v Blacktown City Council [2003] NSWLEC 303

PARTIES:
Applicant
Kostya Kulakowski
Respondent
Blacktown City Council

FILE NUMBER(S): 10693 of 2003

CORAM: Watts C

KEY ISSUES: Development Application :- Erection of a motel on a vacant site near Rooty Hill station
Whether the motel is or is not wrongly sited and whether this would result in adverse impact on the existing and likely future residential uses in the area
Unsatisfactory design and streetscape
Resident concerns budget might lead to prostitutes to the area.

LEGISLATION CITED: Blacktown Local Environmental Plan 1988, (BLEP)
Blacktown Development Control Plan 1992, (BDCP)

CASES CITED:

DATES OF HEARING: 10/11/03-11/11/03

DATE OF JUDGMENT:
11/19/2003

LEGAL REPRESENTATIVES:

Applicant
Mr G Green, solicitor
of Pike Pike and Fenwick
Respondent
Ms M-L Taylor, solicitor
of Taylor Kelso

JUDGMENT:

10693 of 2003

Watts C

19 November 2003

Kostya Kulakowski

Applicant

v

Blacktown City Council

Respondent

Judgment

Introduction

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal of Blacktown City Council (the council) of a development application to erect a motel on vacant land at Lot 2, DP 717930, being No 142 Hartington Street, Rooty Hill.

2 I visited the land in company with the parties on the morning of the first day of the proceedings.

3 I have concluded that the application should succeed, as the issues raised by the council, taken individually or in combination do not lead me to dismiss the application when considered under s 79C of the Environmental Planning and Assessment Act 1979.

The land

4 The vacant land is situated on the corner of Hartington and Station Streets, Rooty Hill, near Rooty Hill railway station, shops and the council’s depot. It is trapezoidal with a northwestern boundary of 75.720m, a frontage to Hartington Street of 16.185m, a corner splay to Hartington and Station Streets of 18.620m, a frontage to Station Street of 37.075m and a Weston Lane frontage of 60.950m and an area of 4,006m2. Weston Lane is a service lane behind the shops in the main street of Rooty Hill. There are no significant trees on the land. Station Street is oriented to Magnetic North.

5 There is a mix of land uses nearby. The land to the north is zoned 2(a) Residential and single mostly single-storey dwellings are erected there. This residential zone would allow also ‘motels’ as an innominate use. The residential land immediately to the north, in the one ownership, is in two lots and has an area of 1,157m2. A single fibro residence is erected on that land and council officers expect it might be developed for town houses or subdivided in the future.

6 The council’s depot is across Station Street to the east of the land. The commercial strip of Rooty Hill is located to the west, and backs on to the land. Rooty Hill railway station and commuter car parking is to the south of the subject. Abutting the land to the south is an open retail car park utilised by customers of IGA Supermarket, chemist, and hardware located in the main street.

Relevant planning controls

a Blacktown Local Environmental Plan 1988, (BLEP)

7 The land is zoned 3(a) General Business under the provisions of the BLEP and the proposal as a ‘motel’ is permissible with consent. Under the Environmental Planning and Assessment Model Provisions 1980 a ‘motel’:

...means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travelers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travelers or the general public.

8 The objectives of the 3(a) General Business zone contained under the BLEP are:

(a)

to encourage appropriate development which will result in the growth of major foci for accommodating the retail, commercial and social needs of the community;

(b) to encourage development and expansion of business activities which will contribute to the economic growth of, and the creation of employment opportunities within, the City of Blacktown;

(c) to encourage a wide range of retail, commercial and recreational facilities in the major business centres of Blacktown;

(d) to accommodate the establishment of retail, commercial and professional services for local residents in conveniently located business centres within the residential precincts where the scale and type of business development is compatible with the amenity of the surrounding areas;

b Blacktown Development Control Plan 1992, (BDCP)

10 The BDCP applies to the land and the relevant parts are:

Part A - Introduction and General Guidelines; and
Part D - Development in the Business Zones.

The proposal and its history

11 Development application No DA-03-26 was lodged with the respondent council on 6 January 2003, to erect a motel on the land.

12 The motel is described in plans prepared by Kostya Kulakowski, architect and would be two storeys in height.

13 The ground floor would comprise:

Reception area;
Laundromat facilities; and
Forty, (40) accommodation rooms with en-suite, including four (4) with disabled access.

14 The upper floor would comprise:

Forty, (40) accommodation rooms with en-suite.

15 The two-storey motel building would be oriented with the long axis northeast / southwest.

16 Eighty-two (82) car parking spaces are proposed at ground level, including 4 disabled car spaces, and 2 employee car parking spaces with access of Station Street. Garbage collection would take place in Weston Lane.

Notification

17 The application was notified to nearby owners and occupants and the council received three (3) submissions. Concerns related to:

proposal being in the wrong area;
conflict with the council depot which operates to 3.00am;
traffic and parking conflicts;
cheaper style motel attracting undesirable elements;
the proposal having ‘potential’ for a motel use;
providing secure bicycle parking;
noise of wall mounted air-conditioners;
the proposal being attractive to prostitutes and their clientele; and
the attraction of the proposed laundromat and vending machines.

The council’s decision

18 When this Class 1 appeal was lodged the council had not determined the application. It has now refused it.

The hearing

19 The appeal was filed on 17 June 2003 and is a deemed refusal.

20 At the hearing the court heard evidence on behalf of the respondent council from:

Mr G R Apps, Senior Statutory Planner, Blacktown City Council, [Note: Exhibit 3: statement of evidence];
Mr R J Kemp, resident of No 132 Hartington Street, Rooty Hill, [Note: Exhibit 1: Letter dated 30 March 2003];
Mr R Jensen, consultant town planner, [Note: Exhibits 4 and 9: statement of evidence and reply]:
Mr S E Cooper, acoustic consultant, [Note: Exhibits 5 and 6: statement of evidence and reply and Exhibit 11: joint conference with Mr Murray];
Mr D J Foote resident of No 1 Bainbridge Street, Rooty Hill, plant operator at the council depot, [Note: Exhibit 1: Letter dated 28 March 2003];

21 On behalf of the applicant evidence was given by:

Mr N R Dickson, urban designer, [Note: Exhibit B statement of evidence];
Ms N W Sonter, landscape consultant, [Note: Exhibit C statement of evidence];
Mr J R Lovell, consultant town planner, [Note: Exhibit A: statement of evidence]; and
Mr B J Murray, acoustic consultant, [Note: Exhibit H: statement of evidence].

The issues

22 On 23 July 2003 the council filed a statement of issues:

1. The proposed development is unsatisfactory with regard to streetscape.

1.1

the siting, parking arrangement and form of the proposal are inappropriate for the site given its locational significance and relationship to adjacent land uses;

1.2 there is insufficient perimeter landscaping;

1.3 the massing of the building is too elongated;

1.4 parking areas have not been integrated within the building;

1.5 there is a lack of facilities at ground level for users.

2. The proposal fails to comply with the objectives of the zone:

2.1 objectives (b) and (d).

3. The proposed development is unsatisfactory with regard to the privacy of adjoining residences:

3.1 there is significant overlooking of the neighbouring residential development to the north;

3.2 insufficient screen landscaping has been provided.

4. The development is unsatisfactory with regards to design:

4.1

the design lacks articulation, relief and interest at facade and roof;

4.2 there is a lengthy unrelieved boxy facade which is unbroken;

4.3 colours and materials have not been shown to be complementary to surrounding land uses;

4.4 setback from the north-eastern boundary is insufficient.

5. The proposed development is unsatisfactory with regard to its relationship with adjoining land (BDCP 1992, part D s 7.2 and s4.1):-

5.1 the proposed development does not present an attractive facade to adjoining residential land;

5.2 the proposed development fails to screen the service lane behind the subject land;

5.3 the scale and situation of the proposed development is out of scale and out of keeping with adjoining residential development.

6. Approval of this development with its design and form lacks urban design sensitivity and would establish a precedent for poor quality design in this part of the Rooty Hill Centre and, thereby, loses significant opportunity to enhance the Rooty Hill Centre.

7. The proposed building form is energy inefficient:

7.1 the orientation of the building leads to 50% of rooms having no solar access and the remaining 50% having unsatisfactory aspect (north-west). Similarly, the design offers no scope for cross ventilation;

7.2 The use of individual air conditioning units is energy inefficient in terms of energy usage, and there is further concern that window mounted units on the north-western side of the building will cause undue noise impact on adjacent property.

8. The access of the development for persons, with a disability is sub-standard particularly for the first floor, which provides no lift of ramp for those with ambulant disabilities:

8.1 Only three rooms are provided for those with disabilities. None are located on the upper level;

8.2 The design proposal results in rooms with inadequate width for people with or without disabilities;

8.3 The proposed arrangement whereby the disabled rooms located on the ground level require access from outside the building with no weather protection afforded is completely unacceptable.

9. The objectors' concerns.

23 The following salient issues emerged:

Whether the motel is or is not wrongly sited and whether this would result in adverse impact on the existing and likely future residential uses in the area;
Unsatisfactory design, and streetscape; and
Resident concerns budget might lead to prostitutes to the area.

The evidence and findings

c Whether the motel is or is not wrongly sited and the council says that would result in an adverse impact on the existing and likely future residential uses in the area and be of unsatisfactory design, and streetscape;

24 The council witnesses agreed that the site was suitable for the proposed use, however, they urged upon the Court the selection of a different location on the site and different orientation for the proposed motel.

25 Mr Apps stated, [Note: Exhibit B pp 8-9]:

It is proposed to site the building along the northwestern boundary of the site, parallel to the dividing fence with the adjoining dwelling. I do not consider this siting to offer an appropriate streetscape outcome.

I consider a better streetscape outcome would result if the building was sited parallel to the Station Street frontage, with the car parking behind the building. This would enable the building to present to the street, and screen the car park from view. Not only would this result in a better outcome when viewed from the street and surrounds, it would provide better security for vehicles of staff and guests. This form of site layout would also discourage unauthorised use of the parking area by commuters and discourage littering or vandalism in the car park area.

26 Mr Jensen supported the alternative proposed by Mr Apps and stated, [Note: Exhibit 4 pp 9 –10]:

In my opinion the basic siting decision for this development is fundamentally inappropriate, and creates problems in its relationship to neighbouring uses and impact on streetscape. Desirably the main mass of building should address Station Street, which in the proposal is the main entry and exit point to the development. In the position where the building is sited, it unnecessarily impacts visually and acoustically on the residential land across the northwestern boundary, and would be viewed either end-on or at an oblique angle and behind an expanse of parking from Station Road.

27 Mr Dickson, for the applicant stated, [Note: Exhibit B p 14-5]:

The site of the development is acceptable given the locational significance and relationship to the adjacent land uses as;

The locational significance is one of service trade uses supplementing the main retail uses along the main streets. In this sense the site is not as significant as sites on the main street or adjacent to the railway station.
The site is on the eastern edge to the Business Area. This is particularly important, as one would expect the area will undergo a significant change in character. The change will include:
An increase demand for medium density development in the north-eastern portion of the locality.
An increase in local convenience retailing and destination retailing and other services.
Car parking is located to the south of the site immediately adjoining the two car parks located on the adjoining sites. Consequently the existing car parks can be consolidated presenting an opportunity to achieve a coordinated landscape strategy for the area.
The site has vehicular access, as the car park can be accessed from Station Street.

The proposed development;

Has the same orientation as the existing commercial development in the Rooty Hill retail centre and the adjoining residential area and therefore respects the surrounding built form.
Does not overshadow the adjoining properties.
The design ensures that adjoining residential land is shielded from most of the activity, noise and lighting generated by the motel operations as well as from the retail area, car parks and from rail noise impacts.
Presents a narrow built form to Hartington Street. The scale of which is not too dissimilar than that of the adjoining development.
Provides and maintains pedestrian access through the site linking Station Street to Weston Lane and the main retail strip, thereby maintaining an important link between the Business Area, the skateboard park and Council's depot.
Forms an edge to the Business Area.
Consolidates the existing car parking areas with the two existing car-parking areas immediately to the south of the site.
Is on the Weston Lane axis providing a presence and address to main retail streets.
Addresses the railway station. The two car parking sites located immediately south of the site are dedicated parking areas for the IGA and the chemist and will probably never be built upon.
Provides surveillance over the car park as 50 % of the rooms face the car park and the main entrance is directly off the car park.
50% of the motel rooms have good solar access for most of the day on June 21.
The proposal reflects the requirements for a motel operation of this type.

Importantly the siting and re-orienting of the proposed development in any location on the site will potentially;

Cut off the skateboard facility from the business centre.
Introduce a built form, which is incongruous with the prevailing built form pattern.
Not optimise solar access to any more motel rooms than presently provided for.
Lead to a less efficient arrangement thereby potentially increasing the on-going operational costs associated with the motel.

28 Mr Lovell, also for the applicant held a similar opinion to that of Mr Dickson, [Note: Exhibit A p 11]:

…the siting, bulk and scale of the proposed development represent an appropriate response to the configuration of the site, and the relationship with the adjoining residential land to the north-west. The building does not impose any physical impacts on surrounding land in terms of overshadowing, loss of privacy, or loss of views. Landscaping will filter views of the building from the northwest, and the setback of the building from the southeastern property boundary is substantial in the context of land zoned for business purposes.

29 Weighing that competing evidence, I am satisfied that the proposal would not be unsatisfactory in the streetscape as a result of its siting, parking arrangement or form. The evidence of Messrs Dickson and Lovell persuades me in this regard. Importantly:

The proposed building would be parallel to the northwestern boundary and would relate well to likely future development on land to the north if that is positioned parallel to the same boundary, which is likely;
The proposed landscaped car parking area would is logically linked to other open car parking areas to the south;
The proposed landscaped car parking area would provide shade for the vehicles and a partially screen for the southern elevation of the proposed motel building;
The main entry would be on the shaded southern elevation of the proposed motel building providing an attractive entrance to the building;
There would be no significant overshadowing of adjoining residential land and there would be beneficial shade from the building on the car parking area;
The southern elevation would present well from viewpoints to the south and the station;
The end elevations would present well to Station Street and Weston Lane;
The proposed motel building would shield neighbouring residential land to the north from potential noise sources within the car parking area, the council depot and the rail line.

“…locational significance and relationship to adjacent land uses”

d Resident concerns budget motel might lead to prostitutes to the area;

31 There is no expert evidence before the Court to suggest that a budget motel would attract prostitutes to a greater extent than any other type of motel. The approval would be granted for the motel use and any activities that might take place there would need to fit the definition of motel under the model provisions. Any other use would require planning consent and if the motel were used for any other purpose without development consent being obtained beforehand, that use would be unauthorised and subject to challenge in the Court. I would not refuse the application for this reason.

e Other matters

i. Objectives of the 3(a) General Business zone;

32 There was no issue between the parties that the proposal would be consistent with the objectives of the BLEP and objectives (a) and (c) of the zone, although Mr Jensen suggested that the proposal would be inconsistent with objective (a) as well, [Note: Exhibit 4 p 6]. The council’s case was largely based on the argument that the proposal would not be consistent with objectives (b) and (d) of the 3(a) zone.

33 Mr Apps was prepared to accept that the proposal would result in the growth of major foci for accommodating the retail, commercial and social needs of the community and encourage a wide range of retail, commercial and recreational facilities in the major business centres of Blacktown. He with Mr Jensen argued that objectives (b) and (d) were not met.

34 I am satisfied on the evidence of Mr Lovell [Note: Exhibit A pp 14-5] that the proposal would encourage development and expansion of business activities, which would be likely to contribute to the economic growth of, and the creation of employment opportunities within, the City of Blacktown. He was of the opinion that the vacant block on which it is proposed to erect the motel would be brought to economic life. Two people would staff the motel at any one time and there would be three shifts of eight hours each. Mr Lovell stated that it would provide six full-time positions and six part-time positions as well as contracted services. Thus there would be direct and indirect employment generated. I accept his evidence that objective (b) would be satisfied.

35 I also accept his evidence that objective (d) would be satisfied. The proposal would be likely to accommodate the establishment of retail, commercial and professional services for local residents in conveniently located business centres within the residential precincts where the scale and type of business development is compatible with the amenity of the surrounding areas.

36 As required under cl 9 of the BLEP, I am satisfied that the carrying out of development is generally consistent with one of more of the objectives of the plan and one or more of the objectives of the 3(a) zone within which the development is to be carried out. I would not refuse the application for this reason.

ii. Privacy;

37 The parties agreed that privacy concerns would be addressed by providing, as shown on the plans in Exhibit E, a concrete spandrel panel or framing lined in FC sheet to a height of 1.5m in height above first floor on the northwestern elevation.

38 From the ground floor windows the proposed 1.8m high ‘Colourbond’ fence along the northwestern boundary would largely prevent overlooking. This was confirmed in the evidence of Mr Lovell, [Note: Exhibit A pp 15-6]. Thus I am satisfied that this issue in the proceedings has been resolved satisfactorily.

iii. Precedent;

39 This issue relies on the fact that the council’s witnesses consider the proposal to be other than a ‘quality development’ and as a result would not be likely to encourage ‘quality development’ in Rooty Hill.

40 Mr Lovell did not agree that the proposal represents poor quality design. He asked the Court to consider the application on its merits.

41 I am not persuaded that the proposal would be of ‘poor design’. The proposal has been designed by an architect and exhibits qualities to ensure that if constructed as proposed would not be of ‘poor design’. The proposed landscaping would complement the architecture. The whole is worthy of approval under the Environmental Planning and Assessment Act 1979 s 79C.

iv. Energy Efficiency;

42 The council witnesses argue that the proposal being sited parallel to the northwestern boundary would not provide as good solar access as would a building sited with the long axis north /south.

43 In order to control the sun on the north western side the first floor windows are proposed to be shielded by overhangs of 750mm which would assist in reducing the heat load on that elevation. The vertical timber louvres would also assist by shading the fin walls and reducing radiant heat load on the windows. The sill height of the windows on the first floor would be at 1.5m and thus the interior heat load through the glazing would be reduced over that which would result if the windows were full height. In winter the solid walls below the windows on the first floor would insulate the rooms.

44 In summer the shading effect of the vertical timber louvres would be improved if they were to shade the glass and this could be achieved by placing the timber louvres on the northern side of the room bay rather than as shown on the southern side.

45 The ground floor windows would be screened by vegetation and less reliance would be placed on architectural devices to shade the windows on the northwestern elevation on this level.

46 The orientation of the proposed building would allow those occupants wishing to be woken by the sun to select the southeast facing rooms and those seeking afternoon sun to select rooms on the other side of the building.

47 I accept the evidence of Mr Lovell that, [Note: Exhibit A p 17]:

The measures incorporated in the proposed development to minimise the energy consumption… include the use of concrete construction with its effective thermal massing properties, and the provision of natural ventilation in the form of vents positioned in the lower part of the spandrel panels, and shared air-shafts in the internal bathrooms connected to roof vents.

48 I would not refuse the application for reason of inadequate energy efficiency.

v. Disabled Access;

49 There was no dispute between the parties that wheelchair access would be provided to the ground floor of the proposal and to the adaptable rooms on the ground floor via a covered way. There are four (4) disabled units proposed. What was argued was that the access to these adaptable rooms would discriminate against the disabled. The proposed access to the adaptable rooms would be accessible by both able bodied and disabled persons so in that regard there would be no discrimination. The access would be from the exterior covered way and not through an internal corridor. This type of external access is common in motels and would allow direct access to the car park. I accept that some disabled persons might consider this type of access to be less than desirable, however, others might consider it preferable. It is a matter of perception. In the absence of expert testimony in this regard, I would not refuse the application for this reason alone.

vi. Matters raised by objectors;

50 One matter raised by an objector is the need to provide a secure place to park bicycles. Condition 105 would require a secure all-weather lockable bicycle storage facility for three (3) bicycles to be provided.

51 The potential for there to be a conflict between the proposed motel and the noise generated by the activities in the council depot, which operates to 3.00am has been addressed by siting the proposal as far as possible from that noise source. The council’s alternative of siting the motel close by and parallel to Station Street would suffer in this regard by reducing this separation distance.

52 The proposal would provide eighty-two (82) car parking spaces (including four (4) spaces for disabled persons) and this provision is in accordance with the council’s requirements. I am not persuaded, in the absence of expert evidence in this regard, to refuse the application for reason of traffic and parking conflicts.

53 Wall-mounted air-conditioning units are no longer proposed. The central air handling system would be acoustically screened to reduce noise impacts. The acoustic engineers have agreed on the extent of screening required.

54 The door in the northwestern elevation to the proposed laundromat and vending machine area would be closed at night to ensure adequate noise attenuation. The hours of operation of the laundromat would be limited to daytime use. Condition 103 applies and would ensure the laundromat would not be used during the period 10pm to 7am.

55 Other matters raised by objectors have been dealt with under separate headings.

56 For the above reasons, the appeal is upheld.

Conditions

57 The conditions are those in Exhibit 7 as amended during the hearing.

58 I have added the following words to Condition 11:

Alternatively, the applicant shall provide tree planting along the nature strip at Hartington and Station Streets with the approval and to the satisfaction of the Council, in lieu of the monetary contribution.

59 I have not imposed Condition 14A, as proposed by the council, as the evidence suggests that with fixed louvres and with frosted glass to height of 1.5m included in the design of the northern elevation there would be no significant overlooking and the privacy issue is resolved. The proposed condition is otiose and would add to the costs of construction and maintenance.

14A The proposed screens on the north western face of the building shall be redesigned to act as adjustable louvres for all windows to provide effective sun control in summer and winter and to limit overlooking of neighbouring land.

60 I have deleted at the request of the applicant, Condition No 15, as a schedule of finishes has been supplied and is referred to in Condition 2.

15. Landscaping/Appearances

Council is particularly concerned about the appearance of the development. Accordingly the following additional information is required to be submitted for its separate approval:

(a) A schedule of finishes is to be submitted indicating details of the proposed external building materials and finishes.

61 I have amended Condition 52 requiring the landscaping to be maintained. That condition reads:

Landscaping

52. All landscaping is to be undertaken and maintained in accordance with approved plans/details. All turfed areas are to finish level with adjoining surfaces and shall fall evenly to approved points of drainage discharge.

62 I have deleted Conditions 95 and 96, which previously read:

[95] The Applicant shall submit a detailed plan showing the disabled access rooms being accessed from the internal corridor as opposed to the external walkway area and showing provision for an extra single bed. This plan shall be submitted for the separate approval of Council prior to the issuing of a construction certificate.

[96] The Applicant shall submit a detailed plan showing at least one pedestrian pathway from Station Street that is grade separated with the vehicular area that enables a continuous accessible path of travel, within the meaning of Australian Standards AS1428.1, to and through the principle public entrance to the building. This plan shall be designed to ensure compliance with Part D3.2(c) and DP7(a)(i) and (c) Performance Requirement of the Building Code of Australia. This plan shall be submitted for the separate approval of Council prior to the issuing of a construction certificate.

63 I have amended Condition 103, which now reads:

103. The laundry shall not be used during the period 10pm to 7am and the door opening to the outside shall be closed and locked during this period.

64 I have amended Condition 104 to read:

104. Walls that comply with the Building Code of Australia shall separate adjacent motel rooms.

65 Conditions 106 and 107 are added:

106. All deliveries to the site shall occur between the hours of 8.00am and 5.00pm.

107. The amended landscape plan shall be further amended to delete pedestrian footpath to Station Street shown in the garden to the southeast of the building.

Orders

66 My orders are:

Environmental Planning and Assessment Act 1979

2. Development application No DA-03-26 lodged with the respondent council on 6 January 2003, to erect a motel on vacant land at Lot 2, DP 717930, being No 142 Hartington Street, Rooty Hill, is approved subject to Conditions 1 to 107 in Annexure A.

3. The exhibits with the exception of Exhibits 1, 7, D (excluding the coloured version of the landscape plan), E, J and O may be returned.

S J Watts

Commissioner of the Court

Conditions of development consent

Annexure A

Kostya Kulakowski

v

Blacktown City Council

Terminology

1. Any reference in this consent to a Construction, Compliance, Occupation or Subdivision Certificate is a reference to such certificates as defined by Section 109(c) of the Environmental Planning & Assessment Act 1979.

Scope of Consent

2. This consent relates to the following drawings/details submitted to Council with the Development Application:

Services

(b) Integral Energy

(c) Natural Gas Company

(d) The relevant local telecommunications carrier

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s). All approved building construction plans will need to be submitted to and stamped by Sydney Water Corporation Limited as an indication that they comply with the Corporation’s requirements. Sydney Water Corporation Limited may also require the applicant to obtain a Trade Waste Approval as part of the operation of the approved development. Enquiries should be made of the Corporation’s requirements for the eventual operation of the approved use.

4. Information regarding the location of underground services may be obtained from the Sydney "Dial Before You Dig" service, telephone number 1100, fax number (02) 9806-0777. Inquirers should provide the street/road name and number, side of street/road and the nearest cross street/road.

Other Fees and Security Deposits

NOTE: Council may grant a reduction in the above fee dependent upon the timing of the placement of the footpath crossings.

Other Necessary Approvals

6. A separate application or details (as necessary) shall be submitted for the separate approval of Council, under the provisions of the Local Government Act 1993, for any of the following:

Scope of Consent

Payment of fees

8. If it is the applicants intention to engage Council to undertake the checking of the engineering design plans and the issue of the Engineering Construction Certificate it will be necessary to submit the relevant engineering plans in order that a quote for service can be provided.

NOTE: A verbal quote will be provided within 48 hours based upon Council's Goods and Services Schedule. Written confirmation will be provided.

9. If it is the applicant’s intention to engage Council to undertake Construction inspections and the issue of the Engineering Compliance Certificate, it will be necessary to contact Council's Development Services Engineer for a quote.

NOTE: A verbal quote will be provided within 48 hours based upon Council's Goods and Services Pricing Schedule. Written confirmation will be provided.

PRE-CONSTRUCTION MATTERS (PLANNING)

Preamble

10. The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications, which accompany the Construction Certificate.

Section 94 Contributions

11. The following monetary contribution pursuant to Section 94 of the Environmental Planning & Assessment Act 1979, must be paid. The amount below is a BASE contribution, which WILL BE INDEXED from the nominated base date to the date of payment. Payment of the indexed amount must be made (BY BANK CHEQUE IF IMMEDIATE CLEARANCE IS REQUIRED.

NOTE. Council DOES NOT accept payment of S94 Contributions by credit card or EFTPOS) prior to the issue of a Construction Certificate (for building works) or Subdivision Certificate (for subdivision works) either by Council or any accredited certifier, whichever occurs first.

C.P. Date

(i) Tree Planting $5,049 10 1 June 2000

Copies of the following relevant Contributions Plan may be inspected/purchased from Council's Development Services Unit: S.94 CP No. 10 – Tree Planting on Nature Strips

The Section 94 Contribution has been based on the site's 72m-road frontage. Should the final plan of survey indicate any change in the total developable area or should amendments change the potential additional population, the Section 94 contribution will be adjusted accordingly.

Alternatively, the applicant shall provide tree planting along the nature strip at Hartington and Station Streets with the approval and to the satisfaction of the Council, in lieu of the monetary contribution.

Services and Service Authorities Clearances

12. The following documentary evidence is to be obtained prior to the issue of any Construction Certificate.

Sydney Water Act 1994

Following application a "Notice of Requirements" will be forwarded detailing 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.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

Other Matters

13. The internal driveway and parking areas are to be designed in accordance with Australian Standard 2890.1.

14. 82 Visitor and 2 employee car parking spaces are to be provided on site, with each space designated in accordance with Australian standard 2890.1.

14A Deleted.

15. Deleted.

PRE-CONSTRUCTION CERTIFICATE MATTERS (BUILDING)

Preamble

16. The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate.

Compliance with Building Code of Australia

17. All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by :

(1) Complying with the deemed to satisfy provisions, or

(2) Formulating an alternative solution which :

a. complies with the performance requirements, or

b. is shown to be at least equivalent to the deemed to satisfy provision, or

c. A combination of (a) and (b).

Site Works and Drainage

18. Soil erosion and sediment control measures shall be designed in accordance with Council’s Soil Erosion and Sediment Control Policy. Details are to be included with the plans and specifications to accompany any Construction Certificate.

PRE-CONSTRUCTION CERTIFICATE MATTERS (ENGINEERING)

Preamble

19. The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications, which accompany the Construction Certificate.

Content and type of Construction Certificate

20. Any Construction Certificate issued in relation to this consent shall incorporate and address the design of those works required by Part A of this consent.

21. Where this consent requires both engineering and / or building works to be undertaken a separate Construction Certificate shall be issued for each category of works i.e., a separate Engineering Construction Certificate (for any on-site detention interallotment drainage, public road works etc.) and a separate Building Construction Certificate (for all works relating to the erection and fit-out of a structure). In relation to this consent an Engineering Construction Certificate must be issued for the on-site detention prior to the issue of a Building Construction Certificate.

On-Site Detention

22. On-site detention is required and the design is to be in accordance with:

(b) Blacktown City Council On-Site Detention, General Guidelines.

NOTE: Professional accreditation of designers and certifiers must be in accordance with Council's policy.

23. A certificate from a Chartered Professional Engineer must be obtained verifying that the structures associated with the on-site detention system have been designed to withstand all loads likely to be imposed on them during their lifetime.

24. A certificate from a Professional Civil Engineer/Registered Surveyor must be obtained verifying that the on-site detention system will function hydraulically in accordance with the approved design plans.

Asset Management

25. A detailed estimate of the cost of civil engineering work must be submitted to Council prior to the issue of the Engineering Construction Certificate. If engineering works are of a value greater than $25,000; documentary proof of payment of the levy required by the Building and Construction Industry Long Service Payments Act must be provided to Council, prior to any approval of engineering plans, either by Council or an appropriately accredited certifier.

Service and Service Authorities Clearances

26. Soil erosion and sediment control measures for road drainage/ OSD works shall be designed in accordance with Council's Soil Erosion and Sediment Control Policy. Details are to be included with the plans and specifications to accompany any Construction Certificate.

Notice of Commencement of Work

27. At least two (2) days written notice must be given for the commencement of engineering works. Such notice must be accompanied by evidence of the contractors Public Liability and Workers Compensation Insurances. For Public Liability Insurance this should be a minimum amount of $10,000,000.

Required Design Specification

28. All engineering works required by Part A must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent:

(b) Blacktown City Council's Engineering Guide for Development (Current Version)

(c) Blacktown City Council Development Control Plan (Current Version)

(d) Blacktown City Council On Site Detention, General Guidelines (Current Version)

(e) Upper Parramatta River Catchment Trust On Site Stormwater Detention Handbook (Current Version)

(g) Blacktown City Council Stormwater Quality Control Policy

Roadworks

29. All roll kerb where required as part of the new roadworks, MUST be constructed in accordance with Council's new "wheel chair friendly" profile. Details may be obtained from Council's Development Services

Engineers

vii. PRIOR TO CONSTRUCTION WORK COMMENCING

Notification to Council

30. At least 2 days prior to work commencing on site Council must be informed, by the submission of Form 7 of the Environmental Planning & Assessment

Regulation 1994, of the name and details of the Principal Certifying

Authority and the date construction work is proposed to commence.

Toilet Facilities

31. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided:

(b) must be connected:

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.

Signs on Building and Demolition Sites

32. A sign must be erected in a prominent position on any work site on which 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.

This condition 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.

Protection of Public Places

33. If the work involved in the erection or demolition of a building:

(b) involves the enclosure of a public place, a hoarding or protective barrier must be erected between the work site and the public place. Such hoarding or barrier must be designed and erected in accordance with Council's Local Approvals Policy.

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.

Soil Erosion and Sediment Control

34. All measures specified in the Construction Certificate to control soil erosion and sedimentation are to be installed prior to the commencement of construction works. Infringement Notices, incurring a monetary penalty, may be issued by Council where measures are not provided or maintained.

35. A single vehicle/plant access to the development site shall be provided to minimise ground disturbance and transport of soil onto any public place.

Such access shall be provided in accordance with the requirements of Appendix "F" of Council's Soil Erosion and Sediment Control Policy. As a minimum, single sized 40mm or larger aggregate placed 150mm deep, and extending from the street, kerb/road shoulder to the site is to be provided

Sydney Water Authorisation

36. Sydney Water Corporation approval, in the form of appropriately stamped

Construction Certificate plans, is to be obtained to verify that the development meets the Corporation's requirements concerning the relationship of the development to any water mains, sewers or stormwater channels. The Notice must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

(a) Ancillary Works

37. Should Council be appointed as the Principal Certifying Authority for the project, structural details of the following nominated component(s), prepared and/or certified by a professional engineer or other appropriately qualified person, shall be lodged with Council prior to commencing or constructing that portion of the approved development:

Nominated component(s):

(a) Footing piers

(b) Footing system

(c) Floor slab

(d) Structural concrete

(e) Wall frame bracing

(f) Roof trusses

(g) Structural steelwork

(h) Retaining walls

DURING CONSTRUCTION (PLANNING & BUILDING)

Compliance with Building Code of Australia

38. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Excavations and Backfilling

39. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards. Such work is to be guarded and protected to prevent it from being dangerous to life or property.

Support for Neighbouring Buildings

40. 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, including a public road or place, the person causing the excavation to be made:

(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.

Surveys

41. The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries.

Noise Control

42. Any noise generated during the construction of the development shall not exceed the limits specified in the Protection of the Environment Operations Act, 1997.

43. The hours of work for any noise generating construction of the proposed development are to be limited to between 7 a.m. and 6 p.m., Mondays to

Fridays inclusive, 7am to 1pm Saturdays or if audible on residential premises 8am to 1pm, with no construction activities to be undertaken on Sundays or public holidays.

Construction Inspections

44. A separate Compliance Certificate shall be issued for each of the following applicable stages of the building construction in order that the nominated building work may immediately progress:

(a) Footing system - placing concrete or covering.

(b) Floor slab - placing concrete.

(c) Stormwater drainage - covering or backfilling.

(c) Frame (including any required termite barriers) - affixing internal linings.

(e) Wet area flashing - affixing wall or floor tiles.

(f) Walls/portal frames

(including erection and affixing of wall cladding and roof sheeting) - fitout and installation of services.

(g) Completion - Occupation or Use

Any Compliance Certificate issued for the above stages of construction shall certify that all relevant ancillary or dependent work has been undertaken in accordance with the Building Code of Australia and any other condition of this consent.

Maintenance of Soil Erosion Measures

45. All required soil erosion and sediment control measures are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. Infringement Notices, incurring a monetary penalty, may be issued by Council where the maintenance of measures is inadequate.

Building Materials and Wastes

46. Building and construction materials, plant, equipment and the like are not to be placed or stored at any time on Council's footpath or roadway.

47. Suitable and effective builder's refuse and waste storage facilities are to be provided on the development site for the duration of construction works.

Car Parking and Access

48. All required internal roads and car parking spaces are to be line-marked, sealed with a hard standing, all- weather material and maintained to a satisfactory useable standard.

49. All internal roads and other paved areas are to be graded to provide continuous surface drainage flow paths to approved points of discharge.

50. Entrance/exit points are to be clearly signposted and visible from both the street and the site at all times.

51. Access to and parking for persons with disabilities is to be provided in accordance with Australian Standard 2890.1.

Landscaping

52. All landscaping is to be undertaken and maintained in accordance with approved plans/details. All turfed areas are to finish level with adjoining surfaces and shall fall evenly to approved points of drainage discharge.

53. The development is to be provided with fencing and screen walls at full cost to the developer as follows:

(b) The northern boundary adjoining the residential properties is to be provided with walls/fences 2.1m high consisting of 1.8m colorbond or lapped and capped timber with 300mm of lattice on top at full cost to the developer.

DURING CONSTRUCTION (ENGINEERING)

Clearances from Service Authorities

54. Prior to commencement of construction of footway crossings a clearance must be obtained from the relevant telecommunications carriers and Integral Energy that all necessary ducts have been provided under the proposed crossing.

Construction Inspections

55. Compliance Certificates are to be issued at the completion of the following categories -

(A) Soil Erosion and Sediment Control

(b) Revegetation of disturbed areas

(c) Construction of major controls (i.e. gabions, mattresses, shotcreting etc)

(d) Removal of sediment basins/ fencing etc.

(e) Internal sediment/ pollution control devices

(f) Final Inspection

(B) Construction of Drainage works (including interallotment)

(b) Sand Backfilling

(c) Final pipe inspection

(d) Pit bases and headwall aprons

(e) Pit Walls/ wingwalls/ headwalls

(f) Concrete pit tops

(g) Connection to existing system

(h) Tailout works

(i) Final Inspection

(b) Pathway construction (cycle/ link pathways)

(c) Pathpaving construction

(d) Service Adjustments

(e) Final Inspection

(D) Construction of on-site detention system

(b) Completion of HED control pit

(c) Pit formwork

(d) Pipes upstream/ downstream of DCP before backfilling

(e) Completion of OSD system

(E) Stormwater Quality Control

(b) Final Inspection

(F) Traffic Control

(b) Maintenance of traffic control during works

(G) Final Inspections

(b) Overall final inspection

Maintenance of Soil Erosion Measures

56. All required soil erosion and sediment control measures are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. Infringement Notices, incurring a monetary penalty, may be issued by Council where the maintenance of measures is inadequate.

General

57. PUBLIC SAFETY:

The applicant is advised that all works undertaken in a public place are to be maintained in a safe condition at all times. Council may at any time and without prior notification make safe any such works Council considers to be unsafe, and recover all reasonable costs incurred from the applicant.

Building Materials and Wastes

58. Roads adjoining the site must be kept clean and free of excavated/ transportable spoil material.

Filing of Land

59. Regular wetting down of the site must be undertaken during the course of works being carried out in order to control wind blown dust from the site.

Required Design Specification

60. All engineering works required by Part A must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent:

(b) Blacktown City Council's Guide for Development (Current Version)

(c) Blacktown City Council Development Control Plan (Current Version)

(d) Blacktown City Council On Site Detention, General Guidelines (Current Version)

(e) Blacktown City Council Soil Erosion and Sediment Control Policy

(f) Blacktown City Council Stormwater Quality Control Policy

(i) PRIOR TO THE ISSUE OF OCCUPATION CERTIFICATE

Compliance with Conditions

61. The use or occupation of the approved development shall not commence until such time as all conditions of this development consent have been complied with. The use or occupation of the development prior to compliance with all conditions of development consent may make the applicant/developer liable to legal proceedings.

Removal of Temporary Facilities

62. Any hoarding or similar barrier erected to protect a public place is to be removed from the site prior to the use or occupation of the development.

63. Any temporary toilet facilities provided during construction works are to be appropriately dismantled, disconnected and removed from the site.

64. All temporary soil erosion controls employed during construction are to be removed and other permanent measures in accordance with Council's Soil.

Erosion Control Policy are to be implemented prior to the use or occupation of the development.

65. All temporary builder's signs or other site information signs are to be removed upon the completion of site works.

66. Any temporary site access provided for the purpose of construction works is to be removed and the kerb and gutter and/or previous roadworks reinstated in a manner satisfactory to Council. Should the reinstatement involve the provision of a new vehicular crossing, layback, kerb and gutter or road shoulder works the separate approval of Council's Maintenance Section is to be obtained (and appropriate fees paid) prior to such works commencing.

Payment of Fees

67. All fees payable to Council as part of any Construction, Compliance or Occupation Certificate or inspection associated with the development (including the registration of privately issued certificates) are to be paid in full.

Surveys/Certificates

68. A certificate from a Chartered Professional Engineer/Registered Surveyor must be obtained verifying that the on-site detention system as constructed will function hydraulically in accordance with the approved design plans.

69. A certificate from a Chartered Professional Engineer must be lodged with Council verifying that the structures associated with the on-site detention systems have been constructed to withstand all load likely to be imposed on them during their lifetime.

Additional Inspections

70. Any additional Council inspections beyond the scope of any Compliance Certificate package and needed to verify full compliance with the terms of this consent, will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Easement/Restrictions

71. Any easement(s) or restriction(s) required by this consent must nominate Blacktown City Council as the authority to release, vary or modify the easement(s) or restriction(s). The form of easement or restriction created as a result of this consent must be in accordance with the following:

(b) The standard format for easements and restrictions as accepted by the Lands Title Office.

72. Restrictions and positive covenants must be provided over the on-site detention storage areas and outlet works.

Survey/Certificates

73. Any Subdivision Certificate application lodged with Council or an application for practical completion shall be accompanied by Council's Form SEW20. A copy of Form SEW20 will be sent by Council with the approved Construction Certificate. A copy can also be found in Council's "Engineering Guide for Development (Current Version)".

Work as Executed Plans

74. A work-as-executed plan (to a standard suitable for microfilming) under the hand of a Chartered Professional Engineer or a Registered Surveyor must be lodged with Blacktown City Council when the engineering works are complete.

Easement/restrictions

75. Restrictions and positive covenants must be provided over the Stormwater Quality Control devices and outlet works.

Survey/Certificates

76. A certificate from a Professional Civil Engineer must be obtained and submitted to Council verifying that the constructed Stormwater Quality Control system will function effectively in accordance with Council's Stormwater Quality Control Policy.

Other Fees and security Deposits

77. A path paving security of 1.5 times the value of the required works must be lodged with Council prior to the practical completion of the works. This allows deferment of the works until 75% of the site has been developed – a period of approximately eighteen (18) months. Upon satisfactory completion of the works, the security will be released.

OPERATIONAL MATTERS (PLANNING)

Car parking and Access

78. All required off-street car parking spaces and internal roads shall be maintained in a satisfactory useable manner.

General

79. No goods, materials, or trade waste are to be stored at any time outside the building other than in approved garbage receptacles.

80. Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

81. If an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Noise Control Act 1975.

82. If an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Noise Control Act 1975.

83. The use of the premises is not to interfere with the amenity of the surrounding residential area.

Landscape Maintenance

84. All landscaped areas are to be maintained at all times in a suitable manner.

viii. PART A – ENGINEERING WORKS

Drainage Works

85. Drainage from the site must be connected into:

86. Drainage from the site must be connected into Council's existing drainage system in Station Street. In this regard it is required to construct a standard Council Kerb inlet pit in Station Street. In accordance with Drawing No A(BS)106 to provide the appropriate connection.

NOTE - Inspection of the connection to Council's system must be made by Council's Engineering development Supervisor who can be contacted by phoning 98309718 between 7.00am and 8.00am or 12.30pm and 1.30pm. A site inspection is required prior to commencement of work. Twenty Four (24) hours notice must be given and the Engineering Inspection Fee required by this consent must be paid prior to contact.

ix. On Site Detention

87. (a) On-site detention of stormwater runoff from the site must be provided to achieve the following nominated Maximum PSD and SSR. As much as possible of the site area is to drain through the OSD system with an absolute minimum of 80%. The following table defines PSD/SSR values against site area drained.
Site Area Draining
100% 90% 80%
Maximum PSD-litres/sec/ha 147 101 56
SSR-m3/ha 264 301 473

Intermediate values can be interpolated linearly for PSD and from a fair curve through the 3 values for SSR. PSD and SSR values apply to the catchment area draining through the OSD system, not necessarily to the total site area.

(c) The plan is to identify undrained areas and an OSD report is to be submitted (can be included on the stormwater concept plan) detailing HED discharge control pit design parameters such as pit levels, orifice levels/diameters, weir levels/flow rates etc.

(d) The stormwater concept plan does not address Council's Stormwater Quality Policy. All impervious surfaces (excluding independently drained roof areas) must address source control of pollutants in accordance with the policy. A report detailing measures to comply with the policy is required which must be reflected in the Stormwater Concept Plan.

NOTE: Professional accreditation of designers and certifiers must be in accordance with Council's Policy.

Vehicular Crossings

88 Construction of 4 of Council's standard commercial and industrial vehicular footway crossings, with the following nominated widths at the property boundary in accordance with Council plan A(BS)103.

Nominated Widths: 8 metre ingress/egress to Station Street and 6 metre ingress/egress to Weston Lane.

Finished Levels and Working Levels

89. Finished levels of all internal works at the road boundary of the property must be -

Soil Erosion and Sediment Control

90. Re-vegetation must be applied to disturbed areas as soon as practical after completion of earthworks and must be established prior to release of the maintenance security. All open drains must be turfed.

91. Soil erosion and sediment control measures shall be implemented in accordance with Council's Soil Erosion and Sediment Control Policy.

Stormwater Quality Control

93. Stormwater Quality Control Measures shall be implemented in accordance with the requirements of Council's Stormwater Quality Control Policy.

Disability

94 The Applicant shall submit a detailed plan of the fit out of the disabled access accommodation, including fittings and fixtures. This plan shall be submitted for the separate approval of Council prior to the issuing of a construction certificate.

95 Deleted.

96 Deleted.

97. The noise level generated by mechanical plant on the premises shall not exceed 45dBA as measured at any residential boundary during the period between 10pm and 7am.

98. A 4m long, 1.8m high ‘Hebel’ wall, shall be constructed on the roof on the northern side of the air-conditioning unit, being centered on the unit and no more than 2m from the unit.

99. All air-conditioning ductwork shall be installed within the motel building, except for the short section of duct necessary to connect from the air-conditioning unit to the roof. This section of duct shall be on the southern side of the roof top Hebel wall referred to in Condition 98.

100. All supply air and return air ductwork and other air paths including, bathroom and to bathroom, to individual motel rooms shall be acoustically treated as necessary so that they do not reduce the Rw of the wall separating rooms to less than 45, or as specified in Part F5.4 of the BCA, whichever is the higher performance.

101. The wall separating motel rooms shall be upgraded where this wall separates a bathroom from an adjoining room which is not a bathroom, by constructing a separate wall of 13mm plasterboard or 10mm Villaboard on studs which are separated from the main wall by at least 10mm to achieve the sound insulation performance specified in Part F5.5 of the BCA.

102. Prior to occupation a certificate of acoustic compliance with respect to Conditions 97 - 101 shall be provided from a suitably qualified acoustical engineer.

103. The laundry shall not be used during the period 10pm to 7am and the door opening to the outside shall be closed and locked during this period.

104. Walls that comply with the Building Code of Australia shall separate adjacent motel rooms.

105. A secure all weather lockable bicycle storage facility for three (3) bicycles shall be provided.

106. All deliveries to the site shall occur between the hours of 8.00am and 5.00pm.

107. The amended landscape plan shall be further amended to delete pedestrian footpath to Station Street shown in the garden to the southeast of the building.

S J Watts

Commissioner of the Court

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Citations

Kostya Kulakowski v Blacktown City Council [2003] NSWLEC 303

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CITATION:	Kostya Kulakowski v Blacktown City Council [2003] NSWLEC 303
PARTIES:	Applicant Kostya Kulakowski Respondent Blacktown City Council
FILE NUMBER(S):	10693 of 2003
CORAM:	Watts C
KEY ISSUES:	Development Application :- Erection of a motel on a vacant site near Rooty Hill station Whether the motel is or is not wrongly sited and whether this would result in adverse impact on the existing and likely future residential uses in the area Unsatisfactory design and streetscape Resident concerns budget might lead to prostitutes to the area.
LEGISLATION CITED:	Blacktown Local Environmental Plan 1988, (BLEP) Blacktown Development Control Plan 1992, (BDCP)
CASES CITED:
DATES OF HEARING:	10/11/03-11/11/03
DATE OF JUDGMENT:	11/19/2003
LEGAL REPRESENTATIVES:	Applicant Mr G Green, solicitor of Pike Pike and Fenwick Respondent Ms M-L Taylor, solicitor of Taylor Kelso