Lydia Zhang v Ku-ring-gai Council

[2004] NSWLEC 703

Land and Environment Court

of New South Wales

CITATION:	Lydia Zhang v Ku-ring-gai Council [2004] NSWLEC 703 revised - 20/01/2005
PARTIES:	APPLICANT: Lydia Zhang RESPONDENT: Ku-ring-gai Council
FILE NUMBER(S):	10718 of 2004
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Proposal would be unduly bulky with poor appearance when viewed from the school and from the street - Lack of landscaping especially along the side - Loss of Sydney Red Gum and other trees - Private open space for Dwelling No 1 within the front setback - Privacy to residents in Calvert Street at the rear - Difficulty of gravity-draining stormwater - Constrained vehicular manoeuvring and Resident's concerns.
LEGISLATION CITED:	Ku-ring-gai Planning Scheme Ordinance, (KPSO) - State Environmental Planning Policy No 53 - Metropolitan Residential Development, (SEPP53) - Environmental Planning and Assessment Act 1979, ss 79C and 97
CASES CITED:
DATES OF HEARING:	08/12/2004
EX TEMPORE JUDGMENT DATE :	12/08/2004
LEGAL REPRESENTATIVES:	APPLICANT: Mr G McKee, solicitor SOLICITORS: McKees, Legal Solutions RESPONDENT: Mr R K Graham, solicitor SOLICITORS: Abbott Tout

JUDGMENT:

Appeal No: 10718 of 2004

13

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Watts C

8 December 2004

10718 of 2004 - Lydia Zhang v Ku-ring-gai Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Ku-ring-gai Council (the council) of a development application to demolish the existing single dwelling, garage and associated works and to construct an attached two-storey dual occupancy at Lot 4, DP 12853, being No 17 Highbridge Road, Killara.
2 I visited the land in company with the parties on the morning of the first day of the proceedings.
3 When considered under s 79C of the Environmental Planning and Assessment Act 1979, I have concluded that the consent award proposed by the parties may be supported, the application upheld and the development application approved subject to conditions.

The land
4 The land is situated on the northeastern side of Highbridge Road near Ridgeland Avenue. It has an area of 836.1m2, a street frontage of 18.29m and a depth of 45.72m. The land falls gently to the north/ northwest and is rectangular in plan. It abuts Killara Public School to the northwest and single residential dwellings to the northeast and southwest. A new two (2) storey single dwelling is presently under construction diagonally to the rear northeastern side of the land at No 26 Calvert Avenue.
5 Erected on the land is a single-storey rendered brick and tile dwelling with detached single garage. A low stone fence about 600mm high runs along the front boundary.
6 To the rear of the dwelling are several large trees and a small raised area of stonework.
7 The land is located within the residential suburb of Killara, which is characterised by 1945-68-period single detached dwelling houses as defined by the Council's Visual Character Study.
8 Many single-storey brick and tile dwellings, with either low or no street front fencing predominate in the area. At No 2 Ridgeland Avenue opposite the land a 1.8m-high masonry wall encloses the garden. Open informal landscaping with many large canopy trees is the norm.
9 To the northwest is Killara Public School with an open heavily treed play area.

Relevant planning controls

Ku-ring-gai Planning Scheme Ordinance, (KPSO) and State Environmental Planning Policy No 53 - Metropolitan Residential Development, (SEPP53)
10 Under the provisions of the KPSO, as amended 14 November 2003, the land is zoned Residential 2(b), and the proposal would be prohibited were it not for SEPP53 wherein the proposal is permissible with consent.
11 Other planning controls, which are relevant as guides, are:
· DCP 43 - Car Parking;
· DCP 40 - Construction and Demolition Waste Management;
· DCP 47 - Water Management; and
· Dual Occupancy - Development Control Code.

The proposal and its history
12 Development application No 1011/03 was lodged with the respondent council on 13 August 2003 to demolish the existing single dwelling, garage and associated works and to construct an attached two (2) storey dual occupancy on the land.
13 The proposed new dwelling fronting Highbridge Road would comprise family room, kitchen, dining area, lounge room, powder room, laundry and a double garage with internal access to the dwelling. An outdoor entertaining area covered by a pergola, accessible off the family room is proposed along the northwestern boundary of the dwelling.
14 The proposed new rear dwelling would comprise on the ground floor a lounge room, kitchen, laundry, entry, family lounge and a double garage with internal access. Two (2) small pergolas are proposed to the immediate northwest of the lounge room. On the first floor of the rear dwelling there would be four (4) bedrooms, one with ensuite and walk in robe and a separate bathroom.
15 A driveway giving access to the dwellings is proposed along the southeastern side of the land with a landscaping setback of 500mm wide along the length of the driveway. This has now been increased in the amended plans to 750mm.
16 1.5m-high fencing is proposed along the front boundary setback 1m. No details of side boundary fencing have been provided.
17 The proposal is described in the architectural plans prepared by The Winter Group: Drawings Numbered 20309DA00, Revision C; 20309DA02, Revision D; 20309DA03 Revision D and 20309DA04 Revision C, all dated Nov 2004, 20309DA01 Revision F, dated September 2004.
18 Ray Fuggle & Associates Pty Limited prepared landscape plans: Drawing Number L01 Issue B, dated 11 November 2004.
19 AFCE Environment and Building Drawings Number 342972/D2 Revision B, dated November 2004, prepared Stormwater plans.
20 Extracts from a survey plan prepared by A J Campton Reference Number 9840, dated 3/4/03.

Amended plans
21 The amended plans were received by the council on about 12 November 2004 and these were then filed about the same time in the Court. The amendments setback the proposal from the northern boundary, broke the bulk of the two-storey component into two elements, setback the proposed driveway from the southern boundary, and altered the extent of articulation of the facades. However, the length of the proposal was extended by around 1.5m.

Notification
22 The application was notified to nearby owners and occupants for a period of fourteen (14) days in accordance with the Council's Notification Policy and the council received during the notification period four (4) submissions.
23 Following the submission of amended plans the application was again notified on 10 March 2004 and the council received six (6) further submissions bringing to ten (10) the total number of submissions.
24 A number of residents also gave evidence at the on-site hearing. Evidence was given by Mr J Wang, resident of No 20 Ridgeland Avenue, Killara; Mr D Philipp, of No 90 Spencer Road, Killara; Mr L Higgins, resident of No 24 Calvert Avenue, Killara; Ms V Quinn, resident of No 31 Calvert Street, Killara; Ms D Curruthers, resident of No 27 Calvert Avenue, Killara; Mr J Dalland, resident of No 26 Calvert Avenue, Killara; Ms G Pelly, resident of No 8 Ridgeland Avenue, Killara; Mrs Rollo, resident of No 10 Highbridge Road, Killara; Mr B F Wood, resident of No 15 Highbridge Road, Killara; Ms T Wood, resident of No 15 Highbridge Road, Killara; Ms J Dalland, resident of No 26 Calvdert Avenue, Killara; Mr W Young, resident of No 9 Highbridge Road, Killara; Mr J Mitchell, resident of No 2 Ridgeland Road, Killara; Ms E Marsh, resident of No 7 Highbridge Road, Killara; Ms A Gordon, resident of No 36 Karranga, Avenue, Killara; Ms D Whiteside, resident of No 58 Spencer Road, Killara; Ms A Critenden, resident of No 16 Warrick Street, Killara.
25 Residents key concerns were in respect of:
· Drainage;
· Vehicular manoeuvring; and
· Bulk and scale in the streetscape.

The council’s decision
26 By notice dated 9 July 2004 the council refused the application for ten reasons under delegated authority. The reasons are those reflected in the issues in the hearing.

The hearing
27 The appeal was filed on 16 June 2004.
28 The Court-appointed expert was Ms K Gordon, consultant town planner.
29 Mr S Cox, town planner of the council prepared the statement of basic facts.

The issues
30 On 28 July 2004 the council filed a statement of issues.
1. The site is on the low side of Highbridge Road, stormwater cannot be gravity drained to the street and the development application relies on a drainage easement, which does not benefit the subject site. The development is not supported by evidence demonstrating that the Council drainage easement has adequate capacity to carry design flow rates and detention system overflows from the subject property and that new works can be readily connected to this system. The development application is not supported by the written consent of the owners burdened by the Council drainage easement that the development is relying upon.
2. The driveway layout for the development does not provide sufficient room for vehicular manoeuvring, and in particular:
2.1. Vehicles cannot reverse out from the easternmost car space of the garage in house 1 with one movement and vehicles cannot turn into the westernmost space of the garage in house 2 with one movement.
2.2. Insufficient turning area is provided for vehicles exiting (reversing front) the garage at house 2 to egress along the driveway in a forward direction. Excessive turning movements would be required to reverse from garage 2 and egress along the driveway in a forward direction.
2.3. Potential conflict between vehicles exiting (reversing from) the garage of house 1 to egress the property in a forward direction, and vehicles exiting (reversing from) the garage in house 2 Sight distances between respective vehicles in this location will be very limited due to the position of drivers and the rear facing alignment of vehicles. This potential conflict may result in collision of vehicles.
3. The development is unduly bulky and unattractive in streetscape due to the two storey component of the development extending from the front of the building for an excessively long distance of 30 meters along the spine of the building.
4. The driveway surface area and the expanse of the double garages are excessive and will have a significant impact upon the appearance of the development, and do not permit adequate landscaped areas for visual softening.
5. The development will have a significant impact upon an existing Sydney Red Gum located on the adjoining land to the north-west. The stormwater design will have a significant impact upon existing trees which should be retained.
6. The siting of the private open space for dwelling 1 is within the front setback and is inconsistent with the established front gardens of surrounding properties within Highbridge Road streetscape. The provision of private open space within the front setback will necessitate the erection of the 1.8 metre front fence to provide privacy to the private open space. A timber fence to a height of 1.8 metres is inconsistent with the established fencing styles and heights in Highbridge Road.
7. The setback of 1 metre along the western elevation does not comply with the side setback of 2 metres specified in Clause 4.91(f) of the Dual Occupancy Design Control Code. The 1 metre setback of the western elevation from the property boundary will not enable screen planting to be provided so as to separate the proposed building from the adjoining school. The reduced setback will contribute to the bulk of the building when viewed from the western boundary.
8. The floor level of the rear dwelling will be more than 1 metre above the natural ground level, and the living rooms are orientated to the rear of the site towards the properties to the north-east which will cause significant privacy impacts on those neighbours.
9. The landscape plan identified as Drawing L01 and the architectural plans submitted are inconsistent with regard to floor levels and finished ground levels. The floor levels of the living rooms are identified as having RL 49.5 on the landscape plans and RL 50.2 on the ground floor plan of the architectural plans. The inconsistency does not allow for a comprehensive assessment.
10. The site analysis submitted and identified as Drawing Number 20308DA00 has not been prepared in accordance with Clause 31 of SEPP 53. The submitted site analysis is incomplete as the following information has not been included on the site analysis plan:
· The plan does not show the buildings on the adjoining properties at the rear of the subject site. The adjoining properties at the rear are known as Nos 26 and 28 Calvert Avenue, Killara.
· The plan does not identify the ridge heights of the buildings on adjoining properties.
· The difference in levels between the site and adjacent properties at the boundaries particularly is not identified on the site analysis plan.

31 The following emerged as the salient issues:
· Proposal would be unduly bulky with poor appearance from the school and from the street;
· Lack of landscaping especially along the side;
· Loss of Sydney Red Gum and other trees;
· Private open space for Dwelling No 1 within the front setback;
· Privacy to residents in Calvert Street at the rear;
· Difficulty of gravity-draining stormwater;
· Constrained vehicular manoeuvring; and
· Resident’s concerns.

The evidence and findings

Proposal would be unduly bulky with poor appearance from the school and the street
32 Ms Gordon pointed out that the amended plans showed the first floor with an altered configuration such that the proposal would be split into two components separated by a single-storey wing containing the car parking. The front first floor section of the proposal would be now 13.41m long, with both of the longer sides being provided with articulation through variable setbacks. The rear section of the proposal would be 12.6m in length with the southern elevation articulated with variable setbacks and the northern elevation articulated with a Juliet balcony.
33 She was of the opinion that by splitting of the first floor in this manner and by articulating the building mass by setbacks and architectural detail the visual bulk and aesthetic concerns raised by this issue has been successfully addressed.
34 I accept that evidence and would not refuse the application for this reason.

Lack of landscaping especially along the side
35 The amended landscape plan now shows the retention of a row of Camellias along the southern boundary and a Jacaranda on the land at the street frontage. The retention of these Camellias was made possible by relocating the driveway further to the north. The applicant also intends to augment these Camellias by planting eight (8) Lilly pilly. Ms Gordon was of the opinion that the planting to the south of the driveway, the curvature of the driveway itself and the proposed double row of Lilly pilly to the north of the driveway, would limit visibility down the driveway from vantage points in the street. She confirmed that the full length of the driveway would only be visible from the street along a 3m length of the footpath at the entrance to the driveway.
36 She was satisfied that the pair of double garages would not be visible from the street due to their setback behind the lounge/ dining room of the front dwelling and the screening of the existing and proposed landscaping. She was of the opinion that the amended plans satisfactorily address this issue of landscaping along the side. I accept that evidence.
37 Given the proximity of the school she considered that for safety of school children using the footpath, that the proposed landscaping should be reduced in height for a length of 1.5m at the entrance of the driveway. This would ensure drivers of vehicles leaving the driveway would have a reasonable line of sight onto the footpath. She suggested the removal of one Lilly pilly on the northern side of the driveway and two Lilly pillies on the southern side and the replacement of these with Day Lilly. She suggested a condition of consent in this respect. I accept her evidence in this regard.

Loss of Sydney Red Gum and other trees
38 Ms Gordon pointed out that the council had not specified the Sydney Red Gum likely to be affected, however she noted that there are two such trees on adjoining land to the northwest, one within the grounds of the school and one on the road reserve.
39 In the original architectural plans, she measured the trunk of the Sydney Red Gum in the school grounds as being located about 3m from the front porch/ family room of the front dwelling, and that a stormwater pipe and pit were proposed in close proximity to the Sydney Red Gum within the road reserve.
40 The amended architectural plans provide a minimum setback of 3.5m from the northern boundary, and a setback of between 4.5m and 5.5m to the trunks of the trees within the school grounds, and a reasonable curtilage.
41 The amended stormwater design provides for stormwater drainage to the rear through the school grounds rather than to the street, removing the need for the stormwater pipeline and pit at the front, which would have been likely to impact upon the Sydney Red Gum within the road reserve.
42 Ms Gordon was satisfied that the amendments to the plans would address this concern and suggested conditions requiring the protection during construction of the retained trees both onsite and off site.
43 Ms Gordon suggested a condition specifying that if the stormwater pipe trench were located near the major roots of the trees digging should be by hand carried out under the supervision of an arborist.
44 I am satisfied with the further amendments that this issue has been adequately addressed.

Private open space for Dwelling No 1 within the front setback
45 The amended plans relocate the private open space of the front dwelling to the north of the dwelling directly off the family room. Ms Gordon considered this open space would have excellent solar access and outlook towards the school grounds and would be of a width of between 3.5m and 5.0m and an area of 80m2.
46 A secondary open space for Dwelling 1 would be provided on the street frontage, with a 1.8m high timber fence to be located behind a Photinia hedge with a maximum height of 2m on maturity.
47 Ms Gordon considered that the amended plans satisfactorily provide for the private open space for this dwelling, and I accept that evidence.
48 Concern was raised as to the height of the proposed fence, albeit it is to be located behind landscaping. She considered this to be inappropriately high for a front fence and would be highly visible for a number of years whilst the hedge is growing. She considered a more appropriate height for the front fence would be a maximum of 1.2m and in front of the hedge, if a fence were required at all, rather than between two hedges. The proposed location would prevent maintenance and could encourage the removal of the front hedge to allow access to the fence. She recommended a condition to this effect which has been imposed.
49 The setback of 1m along the western elevation would not comply with the side setback of 2m specified in cl 4.91(f) of the council’s Dual Occupancy Design Control Code. She stated that the 1m set back would not enable screen planting to be provided so as to separate the proposed building from the adjoining school and as a result the bulk of the building would be viewed from the west.
50 The amended architectural plans show the front dwelling relocated with a minimum setback of 3.5m from the boundary with the school northwestern elevation. Alternating hedges of Lilly pilly and Sweet viburnum are proposed along this boundary. Ms Gordon was satisfied that with these trees augmenting the existing trees within the school grounds along the boundary would provide visual softening of the building. I accept that evidence.

Privacy to residents in Calvert Street at the rear
51 The amended plans provide for the family room of Dwelling 2 to the rear to be 250mm - 400mm above the existing ground level, and the dining/ lounge room of the same dwelling to be between 200mm above ground level and at grade. The patio would be around 360mm above ground level.
52 Ms Gordon calculated that with an assumed eye level of 1.5m and given a 1.8m high rear fence, a person standing in the dining/ lounge room or the southernmost family room would not overlook the rear yard of the adjoining properties. However she did agree that some degree of overlooking would be possible from the northernmost family room window and the patio off the family room.
53 In order to address this concern she suggested the height of the fence be increased to about 2m opposite the northernmost family room window and the patio and this would remove the overlooking from these positions. Further, she suggested overlooking would be reduced were existing ground levels retained between the dwelling/ patio and the boundaries. She proposed a condition to this effect.
54 The applicant, on the site inspection, also agreed to setback the rear eastern façade of the proposal a further 1m giving a 4m setback. This would give a greater separation between the proposal at the ground floor and the rear of Mr Dalland’s property and thereby reduce privacy concerns slightly. I accept that change and the evidence of Ms Gordon.

Difficulty of gravity-draining stormwater
55 The stormwater is now proposed to drain to the council easement passing through the Killara Public School grounds from the rear of the land. It is proposed to incorporate a 12m3 detention tank and to limit the outflow of stormwater to that of a naturally undeveloped site. Although the easement contains an open drain within the school grounds, I am satisfied that the on-site detention system proposed, would ensure that stormwater passing from the land would not exacerbate the existing situation.
56 Formerly the proposal was to drain to the street. This was problematical and caused difficulties by reason of the slope of the land.

Constrained vehicular manoeuvring
57 The council’s engineers addressed this issue and both parties now consider the amended proposal acceptable. I would not refuse the application for this reason.

Residents concerns especially safety
58 Ms Gordon was satisfied that the amended plans allow for all cars to enter and leave the land in a forward direction. Low planting is proposed for a distance of 1.5m from the front boundary to allow drivers exiting the land to view children and pedestrians on the footpath.
59 Ms Gordon was satisfied that the location of the driveway affords good sight lines of traffic travelling along both Highbridge Road and Ridgeland Avenue and of traffic associated with the school.
60 She told the court that given the additional traffic generation occasioned by the proposal would be two vehicles and that all vehicles associated with the development may enter and leave the site in a forward direction, and drivers would be provided with good visibility, she considered that safety would be improved over the existing situation.
61 I am satisfied that the traffic issue raised by residents on the site inspection would be adequately addressed by the proposal and this would not be a reason for refusal of the application.
62 Mr Dalland expressed strong concerns relating to the setback of the rear eastern portion of the proposal. On the site inspection the applicant agreed to further setback the rear of the proposal by 1m making the setback 4m. This would give slightly further separation between the retained trees on the boundary and the proposal. I am satisfied that this is a positive outcome and would in part address the concerns expressed for privacy and protection of the existing trees. A condition is proposed in this regard and the plans in Exhibit A have been marked in red to show this additional setback.
63 Mr and Mrs Wood, among other things, complained of overshadowing of their dwelling and solar collectors at No 15 Highbridge Road, to the south of the land. The shadow diagrams show that their property would be not significantly overshadowed for most of the day in midwinter with the longest shadows occuring around 3.00pm. I am satisfied that there would not be overshadowing to the south in midwinter sufficient to warrant refusal of the application and I accept the oral evidence of Ms Gordon, that the yard area and the solar collectors within the Wood’s property would have sunlight in accordance with normal standards in midwinter.
64 For the above reasons, the appeal is upheld.

Conditions
65 The conditions are those in Exhibit 7 as amended during the hearing. The applicant proposed a deferred commencement condition, which has been incorporated.
66 That part of Condition 53 requiring a cash bond/ bank guarantee of $4000 as a landscape establishment bond prior to the release of the Construction Certificate has been deleted at the request of the applicant.

Consent orders
67 The consent orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.

2. Development application No 1011/03 lodged with the respondent council on 13 August 2003 to demolish the existing single dwelling, garage and associated works and to construct an attached two (2) storey dual occupancy at Lot 4, DP 12853, being No 17 Highbridge Road, Killara, is approved subject to Conditions 1 to 81 in Annexure A.

3. The exhibits are retained.

S J Watts
Commissioner of the Court
sw

Conditions of development consent

Annexure A

Lydia Zhang v Ku-ring-gai Council

Premises: 17 Highbridge Road, Killara
Development Application No: 1011/03
Proposal: Dual Occupancy

SCHEDULE A
DEFERRED COMMENCEMENT CONDITION
1. An amended drainage/ stormwater plan showing the location of pits and the junctions with Council’s drainage reserve is to be submitted as part of this condition. A drainage easement over the adjoining public school connecting the subject property to the Council drainage reserve located between Nos 26 and 28 Calvert Street, Killara is to be obtained. Upon written confirmation being received from the Council that this condition has been satisfied, the consent will operate subject to the following conditions.

GENERAL CONDITIONS
1. The development to be in accordance with Development Application No 25/04 and Development Application plans prepared by The Winter Group: Drawings Numbered 20309DA00, Revision C; 20309DA02, Revision D; 20309DA03 Revision D and 20309DA04 Revision C, all dated Nov 2004, 20309DA01 Revision F, dated 8 November 2004, and as amended in red to indicate the finished levels of the roof ridges and to relocate the western wall of Dwelling 2; Landscape plans prepared by Ray Fuggle & Associates Pty Limited: Drawing Number L01 Issue B, dated 11 November 2004; Stormwater plans prepared by AFCE Environment and Building Drawings Number 342972/D2 Revision B, dated November 2004; and lodged with Council on about as amended by the following conditions of consent.
2. All building works shall comply with the Building Code of Australia.

3. The submission of the approved plans to Sydney Water, before any work is commenced to ensure that the proposed structure meets that Authority’s By-Laws. Failure to submit these plans before commencing work will render the owner liable to a penalty and may result in the demolition of work.

4. For the purpose of ensuring the compliance with the terms of the approval, an approved copy of the plan and this Consent and Construction Certificate shall be kept on site at all times.

5. For the purpose of safety and amenity of the area, no building materials, plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

6. HOURS OF WORK: For the purpose of residential amenity, noise generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted. The use of the following items of plant on the site is also restricted to the abovementioned hours: compressors, bulldozers, power operated woodworking machines, excavators and loaders, jackhammers, Ramset guns, concrete mixers and concrete delivery wagons, hoists, winches, welding and riveting plant.

Whilst work on Saturdays may be performed until 5.30pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment.

7. For the purpose of public safety, a sign shall be erected on the site prior to any work commencing which is clearly visible from a public place stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the site and a telephone number for contact outside working hours. The sign may only be removed on satisfactory completion of the works.

8. A sign shall be erected in a prominent position on the site, which states the name and contact details of the Principal Certifying Authority.

9. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

10. Any excavation of rock involving hydraulic or compressed air rock hammers or other excavation equipment shall comply with the requirements of Council’s Code for the Control and Regulation of Noise on Building Sites.

11. No rock breaking or other machinery for the excavation, drilling or removal of rock shall be used on the site without the prior approval of the Principal Certifying Authority. Should rock breaking or associated machinery be required, the following details are to be submitted to the Principal Certifying Authority for consideration:

a. The type and size of machinery proposed.
b. The routes of all trucks to convey material to and from the site.
c. A report by a Geotechnical Engineer detailing the measures recommended in undertaking the work so as to prevent any damage to any adjoining or nearby buildings.

12. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a. must preserve and protect the building from damage, and
b. if necessary, must underpin and support the building in an approved manner, and
c. must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

In this clause, allotment of land includes a public road and any other public place.

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

14. The fence and footings shall be constructed entirely within the boundaries of the property.

15. The demolition is to be carried out in accordance with the guidelines contained in Australian Standard 2601-1991: The Demolition of Structures.

16. Access to demolition sites shall be protected as directed by the Principal Certifying Authority by the use of suitable fences or hoardings.

17. Where a new development is not commencing immediately following demolition, the demolition shall be limited to the extent of the footprint of the building/s on the site and no excavation shall be carried out.

18. Demolition work, including removal of material or debris from the site, on any building in a residential area shall only be carried out during the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted.

19. A person taking down or demolishing or causing to be taken down or demolished any building or part thereof shall, upon identifying or suspecting that asbestos is present in the building, immediately notify the Workcover Authority. The Authority is the controlling body for the safe removal, handling and disposal of asbestos. The Authority supervises and monitors contractors engaged in asbestos removal.

The requirements and standards imposed by the Authority, its consultants or contractors shall be complied with.

20. Erosion control measures shall be provided on demolition sites to prevent the siltation of watercourses and drainage systems.

21. Dust control measures shall be taken on all demolition sites so as to avoid a nuisance to adjoining properties and harm to the environment.

a. A person taking down or demolishing or causing to be taken down or demolished any building or portion of any building shall:

i. cause the windows or other openings in the external walls to be close boarded or otherwise covered;
ii. cause screens of canvas, hessian, boards, mats or other suitable material to be fitted in appropriate locations;
iii. cause areas, components and debris to be wetted down; in such a manner as to minimise, as far as practicable, the nuisance arising from the escape of dust during such taking down or demolition.


b. Such person shall not chute, throw or let fall or cause to chute, throw or let fall from the floor to floor or into any basement of such building any building materials or any other matter so as to cause dust to escape from the building or cause any such material to fall or cast upon a public way to the annoyance, inconvenience, or danger of persons using such public way.

22. Soil on vacant sites is to be stabilised as soon as possible to prevent erosion and the site shall be kept clear of excess vegetation.

23. A temporary construction exit and sediment trap to reduce the transport of sediment from the site onto public roads shall be provided before demolition commences.

24. All combustible material shall be removed from the site on a daily basis. Material shall not be burnt on the site.

25. Adequate precautions shall be taken to ensure the protection of adjoining premises and persons therein from damage and injury during the process of demolition.

26. Stormwater runoff from all hard surfaces generating runoff or landscaped areas that are not at natural ground level shall be piped and connected to the Council drainage system benefiting the subject site. Drainage line connections to the system shall conform and comply with the relevant detail within Council's Plan No82/024 ("Connections of Drainage Lines to Kerb and R.C. Pipe") which is provided in Councils Water Management DCP 47 (available on the Council website).

27. An on-site stormwater detention system must be provided for each dwelling in accordance with Councils Water Management Development Control Plan 47, available in hard copy at Council and on the Council website. Separate systems are to be provided for each residence, except where a single combined system may be located in a common location readily accessible by both owners (such as under a shared driveway). In this case appropriate cross burdens are to be created on title(s) as necessary.

28. For stormwater control a 150mm high kerb shall be provided along the driveway to convey runoff to the main drainage system. This may require the installation of suitable cut-off structures, inlets and/or barriers that direct runoff to the formal drainage system.

29. For stormwater control a 200mm wide grated channel/trench drain with a heavy-duty removable galvanised grate is to be provided in front of the garage door and connected to the main stormwater drainage system. The channel drain shall have outlet of minimum diameter 150mm to prevent blockage by debris.

30. Where required, the adjustment of any utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants responsibility to ascertain impacts of the proposal upon utility services and Council accepts no responsibility for any matter arising from its approval to this application involving an influence upon utility services provided by another authority.

31. All public footways and roadways fronting and adjacent to the site are to be maintained in a safe condition at all times during the course of the development works. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to the public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where circulation is diverted on to the roadway, clear directional signage and protective barricades must be installed in accordance with AS1742-3 1996 “Traffic Control Devices for Work on Roads” . If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

32. The provision of temporary sediment and erosion control facilities and measures are to be installed, prior to the commencement of any works on the site to eliminate unnecessary erosion and loss of sediment. These facilities must be maintained in working order during construction works and up to the completion of the maintenance period. All sediment traps must be cleared on a regular basis and after each major storm, and/or as directed by the Principal Certifying Authority and Council officers.

33. The Applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994 . An application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at then the “e-developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

34. Driveways and access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 – 2004 “Off-Street car parking”.

35. To prevent surface stormwater from entering the building, the finished habitable ground floor level(s) of the building shall be a minimum of 150mm above adjacent finished ground level(s). The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding during times of complete subsurface drainage blockage.

36. A Tree Preservation Order exists within the Ku-ring-gai Council area whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except where exempt as defined under Council’s Tree Preservation Order) without prior written consent of Council is prohibited.

Release of the Construction Certificate gives automatic approval to the removal ONLY of those trees located on the subject property within the footprint of a proposed new building/structure or within 3.0 metres of a proposed new dwelling. Where this application is for a building/structure other than a dwelling then ONLY trees within the area to be occupied by this building/structure may be removed. Other trees SHALL NOT be REMOVED or DAMAGED without an application being made under Council’s Tree Preservation Order.

37. Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate and in accordance with the Australian Standard- Pruning of Amenity Trees AS4373 - 1996:

Tree/Location
Tree G - Angophora costata (Sydney Red Gum)/ Adjoining Killara Public School
Tree B - Eucalyptus resinifera (Red Mahogany)/ Killara PS
Tree D - Morus nigra (Black Mulberry)/ Killara PS
Tree E - Pittosporum undulatum (Sweet Pittosporum)/ Killara PS
Tree F - Syncarpia glomulifera (Turpentine)/ Killara PS

NOTE: pruning is only approved for those branches which would be within or touching the building structure.

38. All excavation carried out within the specified radius of the trunk/s of the following tree/s shall be hand dug (Tree numbers are shown on the landscape plan):

Tree/Location Radius From Trunk
Tree G - Angophora costata (Sydney Red Gum)/ 7m
Tree B - Eucalyptus resinifera (Red Mahogany)/ 5m
Tree H - Angophora costata (Sydney Red Gum)/ 4m
Tree I - Syncarpia glomulifera (Turpentine)/ 3.5m
Tree J - Syncarpia glomulifera (Turpentine)/ 5m
All located in the adjoining Killara Primary School

39. No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following, tree/s shall be severed or injured in the process of any site works during the construction period.

Tree/Location Radius From Trunk
Tree 1- Jacaranda mimosifolia (Jacaranda)/ 2.5m
Southern boundary adjacent to Front boundary
Tree G - Angophora costata (Sydney Red Gum)/ 7m
Tree B - Eucalyptus resinifera (Red Mahogany)/ 5m
Tree H - Angophora costata (Sydney Red Gum)/ 4m
Tree I - Syncarpia glomulifera (Turpentine)/ 3.5m
Tree J - Syncarpia glomulifera (Turpentine)/ 5m
All located in the adjoining Killara Primary School

40. No excavation shall occur within a 2.5 metre radius of Tree 1 located on the Southern boundary close to the front boundary and paving works within an 8 metre radius of the trunk of this tree shall be constructed to ensure that existing water infiltration and gaseous exchange to the tree/s root system is maintained. Details for the paving shall be submitted to the Principal Certifying Authority for approval by a suitably qualified professional prior to the commencement of paving construction.

41. A qualified arborist shall be present when excavation works are being undertaken for the footings along the north western side of the building and stormwater works are being undertaken between the building and the north west boundary and the easement. Documentary evidence of compliance with this condition is required prior to the issue of the final Certificate of Compliance.

42. The applicant shall ensure that at all times during the construction period no activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order.

43. Landscape works shall be carried out in accordance with Landscape Drawing No L 01 Issue B prepared by Ray Fuggle and Associates and dated 11/11/04 submitted with the amended plans, except as amended by the following:

· One (1) additional canopy tree to attain a height of 13 metres shall be planted at the site.
· The landscape plan shall be amended by the deletion of one Lilly pilly on the northern side of the driveway and two Lilly pilly on the southern side of the driveway at the street frontage and these are to be replaced by Day Lilly , to improve sight distances from the driveway. Details to be provided for approval with the Construction Certificate application.
· The proposed 1.8m high front fence is to be deleted and replaced by a timber front fence to a maximum height of 1.2m located at the boundary, in front of the proposed hedges. Details to be provided for approval with the Construction Certificate application.
· The rear fence is to be increased in height to 2m opposite the northern most family room window and the patio to protect the privacy of the rear properties.
· The proposed open space areas to the north, west and east of the dwellings are to be finished at the existing ground level.

The landscape works shall be completed prior to issue of the final Certificate of Compliance and be maintained in a satisfactory condition at all times.

CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

44. The Long Service Levy is to be paid to Council in accordance with the provisions of Section 34 of the Building and Construction Industry Payments Act 1986 prior to the issue of the Construction Certificate.

Note: Required if cost of works exceed $25,000.00.

45. It is a condition of consent that the applicant, builder or developer or person who does the work on this residential building project arrange the Builders Indemnity Insurance and submit the Certificate of Insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Council or other Principal Certifying Authority for endorsement of the plans accompanying the Construction Certificate. It is the responsibility of the applicant, builder or developer to arrange the Builder's Indemnity Insurance for residential building work over the value of $12,000 and to satisfy the Council or other Principal Certifying Authority by the presentation of the necessary Certificate of Insurance so as to comply with the applicable requirements of Part 6 of the Home Building Act 1989. The requirements for the Builder's Indemnity Insurance does not apply to commercial or industrial building work or for residential work less than $12,000, nor to work undertaken by persons holding an Owner/Builder's Permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

46. The Infrastructure Restorations Fee calculated in accordance with the Council's adopted schedule of Fees and Charges is to be paid to the Council prior to any earthworks or construction commencing. The applicant or builder/developer will be held responsible for and liable for the cost any damage caused to any Council property or for the removal of any waste bin, building materials, sediment, silt, or any other article as a consequence of doing or not doing anything to which this consent relates. "Council Property" includes footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, litter bins, trees, shrubs, lawns mounds, bushland, and similar structures or features on road reserves or any adjacent public place. Council will undertake minor restoration work as a consequence of the work at this site in consideration of the "Infrastructure Restorations Fee" lodged with the Council prior to the release of the Construction Certificate. This undertaking by the Council does not absolve the applicant or Builder/developer of responsibility for ensuring that work or activity at this site does not jeopardise the safety or public using adjacent public areas or of making good or maintaining "Council property" (as defined) during the course of this project.

47. Prior to commencing any construction or subdivision work, the following provisions of the Environmental Planning & Assessment Act, 1979 (the 'Act') are to be complied with:

a. A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.
b. A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act.
c. Council is to be notified in writing, at least two (2) days prior to the intention of commencing buildings works, in accordance with Section 81A(2)(c) of the Act.
d. Should the development be certified by a Principal Certifying Authority other than Council, a fee for each Part 4A Certificate is to be paid to Council on lodgement of those Certificates with Council.

48. A contribution is to be paid for the provision, extension or augmentation of community facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of development in the area.

TOTAL CONTRIBUTION FOR THIS DEVELOPMENT OF ONE ADDITIONAL DWELLING IS CURRENTLY $33,057.22. The amount of the payment shall be in accordance with the Section 94 charges as at the date of payment. The charges may vary at the time of payment in accordance with Council’s Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index.

This contribution shall be paid to Council prior to the release of the Construction Certificate and the amount payable shall be in accordance with the Council’s adopted Section 94 Contributions Plan for Residential Development, effective from 20 December 2000, calculated for additional person as follows:

1. Preparation of New Residents Kit $10.98
2. New Resident Survey $9.87
3. New child care centre
(including land acquisition and construction of facility) $252.13
4. Additions/alterations to Acron Rd child care centre
for additional 20 places $2.41
5. New Library bookstock $17.95
6. New Public Art $2.93
7. Acquisition of Open Space - Killara $7,851.00
8. Koola Park upgrade and reconfiguration $143.09
9. North Turramurra Sportsfield development $986.80
10. Section 94 2000-2003 Study and Interim Plan preparation cost $49.34
11. Section 94 Officer for period of Plan 2000-2003 $118.42

To obtain the total contribution figure the following table of occupancy rates is to be used:

OCCUPANCY RATES FOR DIFFERENT DWELLING SIZES

Small dwelling (under 75 sqm) 1.25 persons
Medium dwelling (75 - under 110 sqm) 1.75 persons
Large dwelling (110 - under 150sqm) 2.75 persons
Very Large dwelling (150sqm or more) 3.5 persons
New Lot 3.5 persons

49. To allow adequate vehicle manoeuvrability, the following changes are required:
i. The planting strip in between the proposed garages shall be reduced in half the length.
ii. All single garage doors to be increased to 3.0 metres wide in order to comply with AS2890.1-2004. Alternatively, remove the central pier between the single garage doors.

Amended drawings are to be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

50. Prior to issue of the Construction Certificate footpath and driveway levels for any fully new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Council. Such levels are only able to be issued by Council under the Roads Act 1993 . All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings" or as specified by Council. These are issued with alignment levels after completing the necessary application form at Customer Services and payment of the adopted fee.

The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the alignment levels fixed by Council may affect these. Approval of this Development Application is for works wholly within the property. DA consent does not imply approval of footpath or driveway levels, materials or location within the road reserve regardless of whether this information is shown on the application documents.

Note 1: The construction of footpaths and driveways outside the property, in materials other than those approved by Council, is not permitted and Council may require immediate removal of unauthorised installations.

Note 2: When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant Development Application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment. Failure to submit this information may delay processing.

51. Prior to issue of the Construction Certificate the applicant shall submit, for approval by the Principal Certifying Authority (PCA), construction design drawings and calculations for the property drainage system components. The property drainage system (including but not limited to gutters, downpipes, pits, joints, flushing facilities and all ancillary plumbing) shall be designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence) and shall be compatible with the necessary retention and/or detention devices. Plans and calculations are to be prepared by a suitably qualified and experienced civil/hydraulic engineer in accordance with Councils Water Management Development Control Plan 47 available on the Council website and at Council, and AS 3500.2 - Plumbing and Drainage Code.

52. The following changes shall be made to the Stormwater drainage plan, prepared by Appleyard Forrest Consulting Engineers, submitted with the Construction Certificate application:

· the drainage line between Pit P2 and Pit P1 shall be relocated to run parallel and adjacent to the patio of Dwelling 2 so that the drainage line is pulled away from Tree H, I and J (see landscape plan for tree locations);
· all excavation on the north western side of the building shall be dug by HAND under the supervision of an arborist. This includes all pits (including P1) and drainage lines. Another note is required which indicates this.

53. The landscape works are to be installed and maintained in accordance with the approved landscape plan or other landscape conditions.

Fifty percent (50%) of the this bond will be refunded upon issue of the final Certificate of Compliance, where landscape works as approved have been satisfactorily installed. The balance of the bond will be refunded 3 years after issue of the building certificate, where landscape works has been satisfactorily established and maintained.

It is the responsibility of the applicant to notify Council in relation to the refunding of the bond at the end of the 3 year period. Where a change of ownership occurs during this period it is the responsibility of the applicant to make all arrangements regarding transference of the bond and to notify Council of such.

54. The applicant shall ensure that no underground services (ie water, sewerage, drainage and gas) shall be laid beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments. If this cannot be achieved documentary evidence from a qualified arborist is required which shows how this work can be done without damaging any trees.

A plan detailing the routes of these services shall be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.

55. To preserve the following tree, footings of the proposed building shall be isolated pier or pier and beam construction within the specified radius of the trunk/s. The piers shall be located such that no roots of a diameter greater than 50mm shall be severed or injured in the process of any site works during the construction period. The beam shall be located on or above existing soil levels.

The location and details of the footings shall be submitted to Council’s Landscape Development Officer and be approved prior to release of the Construction Certificate.

Tree/Location Radius in Metres
Tree G - Angophora costata (Sydney Red Gum)/ 7m
Killara Public School
Tree B - Eucalyptus resinifera (Red Mahogany)/ 5m
Killara Public School

CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING

56. Prior to the commencement of any work, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder who intends to carry out the approved works.

57. To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metre lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm spacings. The trunk protection shall be maintained intact until the completion of all work on site. Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Tree/Location
Jacaranda mimosifolia (Jacaranda)/Southern boundary adjacent to front boundary

58. To preserve the following tree/s, no work shall commence until the area beneath the canopy of the following tree/s is fenced off as specified to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site. ( Tree numbers are shown on the landscape plan)

Tree/Location Location of Fence
Trees 12, 13, 15 &16/ Rear boundary 3m inside the rear boundary commencing
3m S of Tree 15 at the boundary & extending 1.8m inside the N boundary

Trees H, I & J/ Killara PS continue fence parallel to N boundary
to 3 metres W of Tree H

Tree G & 10/ adjacent to N boundary 4m radius from Tree G measured from the boundary fence & 1m radius from Tree 10

Tree B & 6/ adjacent to N boundary 3m radius from Tree B measured from the boundary fence

59. The tree protection fence shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres prior to work commencing.

60. Upon completion of the installation of the required tree protection measures you are required to contact Council on telephone [phone] or facsimile 9418 1117 to arrange an inspection of the site, in this regard a minimum of 24 hours notice is required. Following the carrying out of a satisfactory inspection and subject to the payment of all relevant monies and compliance with any other conditions of approval, work may commence.

CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION

61. Prior to the release of any occupation certificate, a compliance certificate must be obtained from an accredited certifier, certifying that the building works for the building to be occupied comply with the plans and specifications approved by this development consent; and any construction certificate associated with this consent for the buildings to be occupied. If the PCA is not the Council, then this compliance certificate must be submitted to the Council at the same time as the occupation certificate is submitted to the Council in accordance with Clause 151(2) of the E P & A Act regulations.

62. A survey report shall be submitted to the Principal Certifying Authority prior to occupation, which certifies that the development has been constructed in accordance with the terms of this consent in relation to built upon area, building levels and setbacks.

63. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate, the following works must be completed:

a. Construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council,

b. Removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these areas to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council. Reinstatement works shall match surrounding adjacent infrastructure with respect to integration of levels and materials.
c. Any sections of damaged grass verge are to be fully replaced with a non-friable turf of native variety to match existing.

Any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired to the satisfaction of Council Engineers. This shall be at no cost to Council.

64. Prior to occupation, issue of an Occupation Certificate or issue of the Subdivision Certificate, the applicant shall create a Positive Covenant and Restriction on the Use of Land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" (available from Council on request) and to the satisfaction of Council. Registered title documents showing the covenants and restrictions must be submitted and approved by the Principal Certifying Authority (PCA) prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate.

65. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate, the following must be provided to Council (attention Development Engineer):
a. A copy of the approved Construction Certificate stormwater detention/retention design for the site, and
b A copy of the works-as-executed drawing of the as-built on-site detention/retention system, and
c. The Engineer’s certification of the as-built system.

This condition is required so Council may maintain its database of as-constructed on-site stormwater detention systems, and also applies if the Principal Certifying Authority (PCA) is not the Council.

66. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate (and at the completion of works), the applicant shall submit certification from a consulting civil/hydraulic engineer to the Principal Certifying Authority (PCA), that:

a. Construction of the stormwater drainage system (including but not limited to gutters, downpipes, pits, joints, flushing facilities and all ancillary plumbing) has been carried out by a licensed plumbing contractor, and
b. The works have been completed in accordance with the approved Construction Certificate drainage plans and the Plumbing and Drainage Code AS3500, 3.2, and
c. All enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.

A Works-as-Executed (WAE) drawing of the property stormwater drainage system is to be prepared by a registered surveyor and submitted to the Principal Certifying Authority (PCA) prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate. The WAE plan shall show the following as built details, marked in red on the approved construction certificate stormwater drawings:

a. As built reduced surface and invert levels for all drainage pits and connection points.
b. As built reduced level(s) at the approved point of discharge to the public drainage system.
c. Gradients of drainage lines, materials and dimensions.

67. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate, Certification and a Works-as-Executed (WAE) plan, in relation to the as-built on-site detention are to be submitted to the Principal Certifying Authority (PCA) for approval. Certification on Council’s Standard Certification Sheet is to be provided by a suitably qualified consulting civil/hydraulic engineer and the WAE plan is to be prepared by a registered surveyor.

The certificate is to specifically acknowledge compliance of the on-site detention system with the approved Construction Certificate plans and also compliance with the design requirements of appendix 5 in Councils Water Management DCP 47 - “Design of on-site detention systems”. The Works-as-Executed details shall be marked in red on the approved Construction Certificate design for the on-site detention system, and shall specifically include:

· As constructed levels in comparison to design levels
· As built location of all detention devices on the property (plan view) and distances to nearest adjacent boundaries, buildings and easements
· As built locations of all pits and grates in the detention system, including dimensions.
· The size of the orifice or pipe control fitted.
· Dimensions of the discharge control pit and access grates
· The achieved capacity of the detention storage and derivative calculation.
· The maximum depth of storage over the outlet control.
· Top water levels of storage areas and RL’s at overflow point(s)

68. On completion of the landscape works, a Landscape Architect or qualified Landscape Designer shall submit a report certifying correct installation, faithful to the landscape plan to the Principal Certifying Authority with a copy to Council, prior to issue of the Occupation Certificate.

BUILDING CONDITIONS

69. The following are required details and must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.

a. Details prepared by a practicing structural engineer for all or any reinforced concrete, structural steel or timber framing.
d. Retaining walls and associated drainage.

70. The building works are to be inspected during construction by the Council, an accredited certifier or other suitably qualified person/s (as applicable) and a Compliance Certificate shall be issued prior to proceeding to the subsequent stages of construction, encompassing not less than the following stages:

a. All sediment and erosion control and tree protection measures and installations in place on the site prior to the commencement of any earthworks, excavations or other work.
b. Any pier holes and/or foundation material.
c. Any steel reinforcement prior to placement of concrete. This includes all reinforcement of floors, slabs, trenches, columns, beams and stairs (if components of this structure).
d. Any structural components (i.e. timber framework, structural steelwork or the like) before fixing any lining or covering.
e. Any stormwater drainage works prior to covering.
f. The completed landscape works in accordance with the approved plans.
g. The completed structure prior to occupation.

The required inspection fees (which also covers the issue of the Compliance Certificate) are to be paid to the Council before the issue of a Construction Certificate for this development.

If inspections are to be carried out by Council, 24 hours notice is required by Council's Department of Environmental and Regulatory Services, by telephoning Customer Service on 9424 0888 during business hours (8.30am to 4.30pm) or by facsimile on 9418 1117.

Note: Inspections of work, which is found to be defective or not ready, will attract a reinspection fee. Please cancel bookings, which will not be ready for inspection.

71. For the purpose of safety and convenience a balustrade of 1.0 metre minimum height shall be provided to any landing, verandah, balcony or stairway of a height exceeding 1.0 metre above finished ground level. The design may consist of vertical or horizontal bars but shall not have any opening exceeding 125mm. For floors more than 4.0 metres above the ground, any horizontal elements within the balustrade or other barrier between 150mm and 760mm above the floor must not facilitate climbing.

72. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions:

Risers: Maximum 190mm Minimum 115mm
Going (Treads): Maximum 355mm Minimum 240mm

Note: Dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. The Risers and Goings shall be uniform throughout the length of the stairway.

73. To ensure compliance with the requirements of the Building Code of Australia the construction of walls separating units shall have a Sound Transmission Classification of STC 45 in accordance with the requirements of Part 3.8.6 of the Building Code of Australia Housing Provisions. Details of the proposed method of compliance are to be submitted.

74. So as to ensure adequate fire separation, walls and floors separating occupancies are to be constructed in accordance with the requirements of Part 3.7.1 of the Building Code of Australia Housing Provisions. Details of the proposed method of compliance are to be submitted.

75. For fire safety an automatic fire detection and alarm system shall be installed throughout the dwelling in accordance with the following requirements:

a. A smoke alarm system complying with Part 3.7.2 of the Building Code of Australia Housing Provisions; or
b. Smoke alarms which:

i. comply with Australian Standard 3786 or listed in the Scientific Services Laboratory Register of Accredited Products (all accredited products should have scribed on them the appropriate accreditation notation); and
ii. are connected to the mains and have a standby power supply; and
iii. are installed in suitable locations on or near the ceiling and as prescribed under Part 3.7.2 of the Building Code of Australia Housing Provisions.


To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority.

76. Termite protection which will provide whole of building protection in accordance with Australian Standard 3660 - "Protection of Buildings from Subterranean Termites" is to be provided .

Council has a non chemical policy for termite control but will consider proposals involving physical barriers in combination with approved chemical systems. Handspraying is prohibited.

Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction.

To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

77. The following are required details and must be submitted to the Council on completion of the works. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.

a. Wet area waterproofing details complying with the Building Code of Australia.
b. Waterproofing of walls/floors below ground level to prevent the entry of water into the building.
78. All garage doors are to be automatically operated.

79. The south facing windows to Bedroom 4 of Dwelling 2 is to be frosted to a height of 1.5m or converted to a highlight window.

80. The applicant will provide a 600mm high lattice along the southern boundary above the existing fence for a distance of 23metres from the east to the west. The applicant will provide a 300mm high lattice along the eastern boundary above the existing fence to achieve a maximum height of 2.1metres for the entire eastern common boundary.

81. The eastern wall of the lounge/ dining room of Dwelling 2 is to be setback 4 metres from the eastern boundary. The western wall of the lounge is to be moved 800mm in a westerly direction. The entry doors to the dwelling are to be relocated 800mm in a westerly direction and the porch at this point amended to correspond with the doors. The western edge of the remainder of the porch is to be unchanged. Details to be provided for approval with the Construction Certificate.

S J Watts
Commissioner of the Court