KSP Property Group Pty Ltd v Parramatta City Council

[2004] NSWLEC 578

Land and Environment Court

of New South Wales

CITATION:

KSP Property Group Pty Ltd v Parramatta City Council [2004] NSWLEC 578

PARTIES:

APPLICANT
KSP Property Group Pty Ltd
RESPONDENT
Parramatta City Council

FILE NUMBER(S):

10281 of 2004

CORAM:

Murrell C

KEY ISSUES:

Development Application :- Town houses development - overshadowing - privacy and streetscape

LEGISLATION CITED:

Environmental Planning and Assessment Act
Development Control Plan
Parramatta Local Environmental Plan

CASES CITED:

DATES OF HEARING:

24/10/2004

EX TEMPORE
JUDGMENT DATE :

10/24/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr C McEwen, barrister
SOLICITORS
Nicola Velcic & Associates

RESPONDENT
Mr C Marincowitz, solicitor
SOLICITORS
Phillips Fox

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Murrell C

24 September 2004 KSP Property Pty Ltd v Parramatta City Council

JUDGMENT

1 This is an extempore judgment for a matter that has come before me today as consent orders. The Parramatta City Council originally refused a development application submitted to it on 8 October 2002 for nine town houses. The application has subsequently been amended on more than one occasion to have regard to the concerns of the adjoining neighbours and this matter is now the result of amended plans that the council supports.

2 The Court had the opportunity this morning of viewing the proposal to understand its context in both the streetscape and in terms of the impacts on the adjoining neighbours. The adjoining neighbours to the south of the site, that is Mr and Mrs Castelletti of No. 1 Mahony Road, Wentworthville, and Mrs Bide of 1A expressed concerns in particular about the overshadowing and privacy impacts of the development.

3 Mr Le Bas was the Court appointed expert in this matter and through his involvement the plans have been amended such that the adverse impacts that stem from the previous set of plans has been mitigated. Mr Le Bas this morning explained to the objectors the overshadowing diagrams and solar access requirements of council’s development control plan. The proposed amended development satisfies council’s controls.

4 The Court understands that where change is proposed an area that people naturally have a resistance. However I am satisfied that with the amendments that have occurred prior to today’s proceedings and through the course of today that the proposed development is one that will not unreasonably impact on the adjoining neighbours to the south and in fact there will be minimal impact. That does not mean to say that there will not be a built form where there currently is not a built form but nonetheless in terms of the zone and in terms of the applicable guidelines contained in council’s Development Control Plan that I have been taken to I am satisfied the proposal is one that warrants approval.

5 The council’s planning regime has changed in the course of the assessment of this development application. As I said it was submitted in October 2002 and an amendment to the Parramatta Local Environmental Plan was gazetted on 26 March this year, 2004, whereby the subject site and the surrounding sites within the area of Wentworthville have been rezoned to residential 2A and the previous zoning was Residential 2B. The savings provision is such that the development application is to be considered as if the plan had not been made and not even as a draft instrument to be taken into account.

6 Nonetheless I have still had regard to the amended plan and the rezoning of the land and in that regard I have looked at the site in the context of what we see there today with the existing dwelling houses and I am satisfied that the proposed development will not be an aberration in terms of the new plan. Yes it will be a multi-unit development at the same time a two-storey dwelling house could be erected on the subject site and the fact that the majority of the houses in the area are single storey is not cause or would not warrant refusal of the application.

7 The development will be landscaped and the development will have appropriate setbacks in particular from the street. It is noted that there are some minor variations in terms of council’s guidelines of its DCP with respect to setbacks but in the circumstances of the case I am satisfied that the proposed development will be satisfactory in terms of minimal impacts on both the natural and built environment.

8 It is important to note that there is an old English oak tree, planted in 1948, in the rear yard of Mrs Bide’s property at No. 1A and it is a major contributor to the amenity of this particular site as well as the adjoining properties to the south and also in the context of the area generally. The conditions that have been proposed and proffered by the applicant and the council are to ensure the longevity of this most significant tree which will continue to then provide amenity for all parties concerned.

9 Mr and Mrs Castelletti at No. 1 were concerned about planting trees close to their boundary because of a recently constructed swimming pool. The applicant has agreed to plant the tree further away, some 6 m from the boundary and this satisfies their requirements.

10 With respect to the privacy and overlooking, the applicant has agreed to a 400 mm lattice screening to provide added protection in terms of privacy to Mr and Mrs Castelletti’s property.

11 The issue of overshadowing, as I stated Mr Le Bas explained at some length on the view today and I have also had the opportunity of viewing the shadow diagrams and I am satisfied that in terms of the development control plan and the provisions for overshadowing, the proposed development would not warrant refusal.

12 I must also have regard to the orientation of the site, that is the subdivision pattern, and I am satisfied the design provides for reasonable solar access to the adjoining properties to the south to be maintained.

13 The open space areas will be impacted and the middle window but not to an extent that would warrant refusal. The windows on the northern elevation of Mr and Mrs Castelletti’s house are currently overshadowed in terms of the fence line. They do receive some winter sun in those windows which was advised of today. However I must also have regard to the fact that these are secondary windows, that is not primary living area but windows to bedrooms and bathrooms. I am satisfied that council’s control for solar access is achieved.

14 This appeal matter is one where the Court appointed expert, together with the council’s and the applicant’s co-operation, has achieved a result which in terms of the final outcome of the built environment is one that I can see no reason why the Court should not agree to enter into the consent orders as agreed to between the parties.

15 A number of additional conditions have been provided to the Court that are agreed to. One of the conditions is to allow the movement of the basement car parking such that the excavation for the basement car parking will not encroach any closer than 6 m to the significant oak tree. Also villa No. 5 has been moved half a metre to ensure a reasonable separation between the tree and any built form. There are conditions concerning supervision of the basement car park and there are tree protection zones established as part of the agreed conditions. An amended plan to show these changes is to be forwarded to the Court.

16 In terms of the landscaping, the landscaping plan is also to be amended as a result of discussions on the view this morning to provide for an additional tree in the front on the southern side of the driveway to ameliorate the impact of the proposed development in the streetscape and to soften its appearance. The issue of the streetscape is important and I consider the proposed development with a 7½ m setback to the face of the building with the upstairs area set back an additional 2 m I am satisfied that it will sit comfortably in the streetscape together with the landscaping which is designed to compliment the proposed built form of the development.

17 Therefore on the basis of the evidence that has been provided to the Court including: the site inspection; the amended plans; and the additional conditions, the orders of the Court will be:

1. The appeal in respect of the property known as No. 3 Mahony Road, Wentworthville, is upheld.
2. The development application submitted to Parramatta City Council, and as amended, is granted consent subject to the conditions contained in Annexure “A”.
3. The exhibits are returned with the exception of Exhibits B, C and 4.
4. There are no orders as to costs.

18 Annexure “A” is the conditions discussed this afternoon and as generally agreed to between the parties with a disk of the amended conditions to be forwarded to the Court.

19 I will provide the parties with the formal orders on receipt of the amended plans to show the amended basement footprint and Villa No. 5 to provide an increased distance and construction free zone to the significant oak tree; and the driveway moved to accommodate more substantial landscaping near the boundary with No. 1A. .

___________________
J S Murrell
Commissioner of the Court
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Annexure “A”

Conditions of Development Consent

KPS Property Group Pty Limited v Parramatta City Council

Development Application No. 2552/2002

3 Mahony Road, Wentworthville NSW

General Matters

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

Drawing No	Dated
Architectural Plans 10-02/03 Issue I, Drawings 1 to 3	29 September 2004
Landscape Plan 10-02/03 Issue E	29 September 2004
Stormwater Concept Plan SW-01	8 October, 2002

Document(s)	Dated
Stormwater Concept Plan
Hydraulic Calculations
Amended Statement of Environmental Effects	September 2004

No construction works (including excavation) shall be undertaken prior to the release to the Construction Certificate.
Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5359.
Reason: To ensure the work is carried out in accordance with the approved plans.

Prior to the issue of a Construction Certificate :

(Note: Some conditions contained in other sections of this consent (including prior to occupation/use commencing) may need to be considered when preparing detailed drawings/specifications for the Construction Certificate.)

2 A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at then the “e-developer” icon or telephone 13 20 92.

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, 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 Construction Certificate being issued.

Reason: To ensure the requirements of Sydney Water have been complied with.

3 The submission of documentary evidence from Integral Energy to the Principal Certifying Authority is required confirming that satisfactory arrangements have been made with Integral Energy for the provision of electricity supplies to the development, prior to the release of the Construction Certificate.

Reason: To ensure adequate electricity supply to the development.

4 The submission of documentary evidence from an approved telecommunications carrier to the Principal Certifying Authority confirming that telecommunication services are available for this development is required prior to the issue of the Construction Certificate.

Reason: To ensure adequate telecommunication facilities are connected to the development.

5 The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. The applicant shall advise Council, in writing, of any existing damage to Council property before commencement of the development. A dilapidation survey of Council’s assets, including photographs and written record, must be prepared by a suitably qualified person and submitted to Council prior to the issuing of any Construction Certificate.

6 The proposed on-site detention system shall be designed in accordance with the Upper Parramatta River Catchment Trust "On-Site Detention Handbook", Council's Drainage Code, and shall be in accordance with the Stormwater Concept Plan approved with the development consent. The design shall achieve a Site Storage requirement of 80 m3/ha and a Permissible Site Discharge of 470 l/s/ha. Detailed working plans demonstrating the intended method of compliance with this condition shall be submitted to the Principal Certifying Authority for approval prior to any works commencing on this component of the development.

Reason: To provide on-site detention.

7 A heavy duty vehicular crossing must be constructed in accordance with Council’s Standard Plan No. 5426. A bond for the amount of $4569.00 must be paid to Council prior to the release of the Construction Certificate.

Note : Inclusive in the above bond is an inspection fee.

Reason: To ensure appropriate vehicular access is provided.

8 The payment of the following monetary contributions in accordance with Council's Comprehensive Section 94 Contributions Plan:

Traffic and Transport $793.00

Open Space and Public Space and Recreation $23,115.00

Community and Cultural $2,173.00

Other $34.00

Plan Management and Administration $3,330.00

This result is a total contribution of $29,445.00 to be paid to Council prior to the issue of the Construction Certificate. The Section 94 Contribution fees are subject to annual review and the current rates are applicable for the financial year in which your consent is granted. If you pay the contribution in a later financial year you will be required to pay the fee applicable at the time.

Reason: To comply with the adopted Section 94 Plan.

9 Any exhaust ventilation from the car park is to be ventilated away from the property boundaries of the adjoining dwellings, and in accordance with the provisions of AS1668.1. Details demonstrating compliance are to be provided with the Construction Certificate.

Reason: To preserve community health and ensure compliance with acceptable standards.

10 The parking dimensions, internal circulation, aisle widths, kerb splay corners, head clearance heights, ramp widths and grades of the car parking areas are to be in conformity with the current relevant Australian Standard AS2890.1 (1993), except where amended by other conditions of this consent. Details of such compliance are to be reflected on the Construction Certificate plans.

Reason: To ensure carparking complies with Australian Standards.

11 The development shall make provision for a total of 13 car parking spaces. This requirement shall be reflected on the Construction Certificate plans. The approved car parking spaces shall be maintained to the satisfaction of Council, at all times.

Reason: To ensure adequate carparking facilities are provided.

12 A single master TV antenna is to be installed to service the development and provision made for connection to each dwelling unit within the development. This requirement shall be reflected on the Construction Certificate plans.

Reason: To protect the visual amenity of the area.

13 Prior to demolition commencing, either the Principal Certifying Authority or Council’s building surveyor must inspect the site. Should the building to be demolished be known or suspected by reason of the buildings age or otherwise to be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until the PCA or/and Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council's current fee schedule.

14 To maintain the visual amenity of the area, no house service poles (A-poles) shall be erected. Where such structures would otherwise be required by Energy Australia, the service shall be relocated underground. Any street poles required as a consequence by Energy Australia must be located in a position that does not unreasonably interfere with public amenity or private scenic views.

15 To avoid chemicals, grease and other pollutants from discharging from the development and causing harm to the environment, all cleaning, washing and degreasing of motor vehicles shall be carried out in an area set aside for the purpose and shall be drained to a sump and cleansed via a coalescing plate separator prior to discharge into the sewer.

Note: The submission of documentary evidence is required from the Trade Waste Section of Sydney Water Corporation Ltd confirming that satisfactory arrangements have been made with the Corporation regarding the disposal of dirty water into the sewerage system, prior to the release of the Construction Certificate.

16 In order to maximise visibility in the basement carpark, the ceiling shall be painted white. This requirement shall be reflected on the Construction Certificate plans.

Reason: To protect public safety.

17 The Construction Certificate is not to be released unless the Principal Certifying Authority is satisfied that the required levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 has been paid.

Reason: To ensure that the levy is paid.

18 Residential Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:

(a) In the case of work to be done by a licensee under that Act; has been informed in writing of the licensee’s name and contractor licence number; and is satisfied that the licensee has complied with the requirements of Part 6 of the Act, OR

(b) In the case of work to be done by any other person; has been informed in writing of the person’s name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

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

Reason: To comply with the Home Building Act 1989.

19 The pathway along the southern boundary shall be constructed at natural ground level. Details demonstrating compliance shall be submitted to the principal certifying authority prior to the issuing of a construction certificate.

Reason: To reduce overlooking opportunities from the pathway into the private open space area of the adjoining property.

20 The development is to be completed in accordance with the materials and colours indicated on the approved schedule of materials and finishes.

Reason: To confirm the details of the development application submitted.

a Prior to Work Commencing:

21 A minimum of five (5) working days prior to any demolition work commencing a written notice is to be given to Parramatta City Council and all adjoining occupants. Such written notice is to include the date when demolition will be commenced and details of the principal contractor's name, address, business hours contact telephone number, Council’s after hours contact number and the appropriate NSW WorkCover Authority licence.

Reason: To protect the amenity of the area.

22 Demolition works involving the removal, repair, disturbance and disposal of a total surface area (not floor area) of 200 square metres or more of bonded asbestos material must only be undertaken by contractors who hold the appropriate NSW WorkCover Authority licence(s) and approvals.

Reason: To comply with the requirements of the NSW WorkCover Authority.

23 On demolition sites where buildings are known to contain bonded or friable asbestos material, a standard sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent position on site visible from the street kerb. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site. Advice on the availability of these signs can be obtained by contacting the NSW WorkCover Authority hotline or the website ww.workcover.nsw.gov.au.

Reason: To comply with the requirements of the NSW Workcover Authority

24 The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.

Reason: To ensure public safety.

25 A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:-

(a) Stating that unauthorised entry to the work site is prohibited;
(i) Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(ii) Showing the name, address and telephone number of the Principal Certifying Authority for the work.

(b) Any such sign must be maintained while building work or demolition work is being carried out, but must be removed when the work has been completed.
(c) This condition does not apply to building works being carried out inside an existing building.

Reason: Statutory requirement.

26 Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must:

(a) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and

(b) Notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two (2) days notice is required).

The Principal Certifying Authority must determine when inspections and compliance certificates are required.

Reason: To comply with legislative requirements.

27 The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site see Your Business then Building and Developing then Building and Renovating or telephone 13 20 92. The Principal Certifying Authority must ensure the plans are stamped by Sydney Water prior to works commencing on site.

Reason: To ensure the requirements of Sydney Water have been complied with.

28 Prior to work commencing, toilet facilities are to be provided, at the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 person employed at the site.

Reason: To ensure adequate toilet facilities are provided.

29 A Hoarding Application together with the appropriate fee and details is to be submitted and approved for the enclosure of public space as required by Council’s Hoarding Policy utilising Type A, B, or C Structures. The hoarding is required to protect persons from construction or demolition works and no works can commence until approval for the hoarding has been obtained.

Reason: To provide safety adjacent to work sites.

30 Erosion and sediment control devices are to be installed prior to the commencement of any demolition, excavation or construction works upon the site. These devices are to be maintained throughout the entire demolition, excavation and construction phases of the development and for a minimum three (3) month period after the completion of the project, where necessary.

Reason: To ensure soil and water management controls are in place be site works commence.

31 The vehicular entry/exits to the site must be protected from erosion and laid with a surface material which will not wash into the street drainage system or watercourse.

Reason: To ensure soil and water management controls are in place be site works commence.

32 The consent from Council is to be obtained prior to any pruning works being undertaken on any tree, including tree/s located in adjoining properties. Pruning works that are to be undertaken must be carried out by a certified Tree Surgeon/Arborist. This includes the pruning of any roots that are 30mm in diameter or larger.

Reason: To ensure the protection of the tree (s) to be retained.

33 A Tree Protection Zone (TPZ) is to be established around those trees that are to be retained not less than the distance shown in the schedule hereunder. The area is to be enclosed with protective fencing consisting of 1.8m high fully supported chainmesh. The area enclosed is to be a designated a “No-Go Zone” and is to be kept weed and grass free for the entire duration of works. The enclosed area is to be mulched with 100mm of leaf mulch to minimise disturbance to existing ground conditions for the duration of the construction works. “Tree Protection Zone’ signage is to be attached to protective fencing, this must include the name and contact details of the site Arborist.

Schedule:

Species Name + LocationRadius from Trunk for TPZ

Jacaranda (mimosifolia)
At the north-west corner of the site5 metres

Quercus robur
English Oak on the property at 1A Mahoney Road, to the south of the site.5metres

Reason: To protect the trees to be retained on the site during construction works.

34 No drainage pits, are to be located within 5 metres of the trunk of the English Oak situated on the property at 1A Mahoney Road. The Construction Certificate plans must reflect this requirement.

Reason: To protect the English Oak tree.

35 Prior to any site works commencing, the developer must advise the Principal Certifying Authority of the erection of the tree protection measures specified within the conditions contained within this consent. No site works shall commence until the tree protection measures have been inspected and installed to the satisfaction of Council’s Landscape Officer or appropriate certification from an Arborist has been submitted to the Principle Certifying Authority.

Reason: To ensure the trees protection throughout the construction works.

b During Work:

36 Building work may only be carried out Monday to Friday between the hours of 7am to 6pm and on Saturday between the hours of 7 am to 4 pm. No work is permitted to be carried out on Sundays or Public Holidays.

Reason: To protect the amenity of the area.

37 A copy of this development consent, stamped plans and accompanying documentation is to be retained for reference with the approved plans on-site during the course of any works. Appropriate builders, contractors or sub-contractors are to be furnished with a copy of the notice of determination and accompanying documentation.

Reason: To ensure compliance with this consent.

38 Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority’s Environmental Noise Manual and the Protection of the Environment Operations Act 1997.

Reason: To protect the amenity of the area.

39 Waste disposal shall be conducted in accordance with the approved waste management plan.

Reason: To ensure appropriate waste disposal.

40 A Waste Data File is to be maintained, recording building/demolition contractors details and waste disposal receipts/dockets for any demolition or construction wastes from the site. The proponent may be required to produce these documents to Council on request during the site works, with confirmation of waste contract removal arrangements forwarded prior to use.

Reason: To confirm waste minimisation objectives under Parramatta Development Control Plan 2001 are met.

41 No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council's footpath, nature strip or roadway.

Reason: To ensure pedestrian access.

42 Dust control measures shall be implemented during all periods of earth works, demolition, excavation and construction in accordance with the requirements of the NSW DEC. Dust nuisance to surrounding properties should be minimised.

Reason: To protect the amenity of the area.

43 No work of any description is to occur in or above the Tree Protection Zone except under the supervision of the Consulting Arborist and in accordance with a Work Methodology Statement developed by the Consulting Arborist and approved by Council’s Landscape Officer prior to its implementation. This includes, but is not limited to handling, construction hoarding, site sheds, and pedestrian/machinery access.

Reason: To ensure the trees protection throughout the construction works.

44 All excavation within the Tree Protection zone is to be undertaken by hand. All excavation within 2 metres of a Tree Protection Zone is to be undertaken under the supervision of a suitably qualified arborist. The consulting arborist must supervise all basement excavation work carried out within 7 metres of the English Oak situated on the property at 1A Mahoney road.

Reason: To protect the trees to be retained on site.

45 No materials (including waste and soil), equipment, structures or goods of any type are to be stored, kept or placed within 5 metres of the dripline of any tree.

Reason: To ensure the protection of the tree (s) to be retained on the site.

46 Service ducts shall be provided within the building to keep external walls free of plumbing or any other utility installations. Such service ducts are to be concealed from view from the street.

Reason: To ensure quality built form of the development.

c Prior to the issue of an Occupation Certificate/Subdivision Certificate/Use Commencing:

47 Any new hot water system is to achieve a minimum 3.5 star rating. Certification demonstrating compliance must be submitted to the certifying PCA prior to the release of the occupation certificate.

Reason: To ensure energy efficiency and compliance with DCP2001.

48 All water fixtures to be installed are to be rated to AAA standard. Certification demonstrating compliance must be submitted to the certifying PCA prior to the release of the occupation certificate.

Reason: To minimise future water consumption and ensure compliance with Parramatta Development Control Plan 2001.

49 A Positive Covenant and a Restriction is to be created on the property title (under the provision of the Conveyancing Act) to ensure that the required on-site detention system will be adequately maintained. A copy of the typical covenant may be obtained from the Council's Development Unit. Proof of registration shall be submitted to the Principal Certifying Authority prior to occupation or use of on-site.

Reason: To ensure maintenance of on-site detention facilities.

50 Disused vehicular crossings shall be removed and the kerb reconstructed in accordance with Council’s Standard Plan Number: 5426 prior to the occupation of the premises.

Reason: To provide drainage.

51 Appropriate sign(s) shall be provided and maintained within the site at the point(s) of vehicular egress to compel all vehicles to stop before proceeding onto the public way.

Reason: To ensure pedestrian safety.

52 Works as executed plans certified by a suitably qualified person are to be submitted to the Principal Certifying Authority prior to occupation of the premises certifying that the stormwater drainage system has been constructed in accordance with the appropriate plans. A copy of the works as executed plans is to be submitted to Council's Development Unit to update the on-site detention database for the upper Parramatta River Catchment Trust.

Reason: To ensure works comply with approved plans and for data for the Upper Parramatta River Catchment Trust.

53 The grass verge must be reinstated with a graded uniform cross fall, using clean uniform topsoil and rolled turf.

Reason: To ensure restoration of environmental amenity.

54 All garden areas on the Landscape plan are to be covered by a fully automatic irrigation system. The system is to provide full coverage with no over spray onto paved areas, structures or buildings.

55 All trees planted within the site must have an adequate root volume to physically and biologically support the tree. No tree within the site is to be staked or supported at the time of planting.

Reason: To ensure the trees are planted within the site area able to reach their required potential.

56 The Applicant shall arrange for a qualified Landscape Architect/Designer to inspect the completed landscape works to certify adherence to the DA conditions and Construction Certificate drawings. All landscape works are to be fully completed prior to the issue of an Occupation Certificate.

Reason: To ensure restoration of environmental amenity.

57 Occupation or use, either in part of full, shall not to take place until an Occupation Certificate has been issued. The Occupation Certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with.

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

58 The garbage disposal/storage area shall be constructed and finished in accordance with the requirements of NSW Waste Board Requirements.

Reason: To ensure a suitable garbage storage area.

59 An intercom system must be provided in a convenient location adjacent to the visitor parking entry to enable easier and safe access to visitor parking prior to final completion of the development.

Reason: To ensure convenient access is available for visitors to the building.

60 A separate application must be made for a subdivision certificate. The application is to be accompanied by documentary evidence demonstrating compliance with all conditions of consent.

Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979 (as amended).

61 The subdivision certificate (linen release) shall not be issued until an occupation certificate has been issued.

Reason: To ensure the development is built in accordance with the approved plan.

62 All redundant lay-backs and vehicular crossings shall be reinstated to conventional kerb and gutter, foot-paving or grassed verge as appropriate. All costs shall be borne by the applicant, and works shall be completed prior to the issue of an Occupation Certificate.

Reason: To provide satisfactory drainage.

63 Construction of a 1.20m wide by 70mm thick concrete footpath across the western property frontage within the road reserve. Details of the proposed footpath works shall be submitted for Council’s Approval prior to commencement of footpath works with construction occurring prior to the release of the occupation certificate.

Reason: To provide pedestrian passage.

_________________
J S Murrell
Commissioner of the Court
rjs