Sam Wu v Ku-ring-gai Council - [2004] NSWLEC 580

Land and Environment Court

of New South Wales

CITATION: Sam Wu v Ku-ring-gai Council [2004] NSWLEC 580

PARTIES: APPLICANT:
Sam Wu
RESPONDENT:
Ku-ring-gai Council

FILE NUMBER(S): 10164 of 2004

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Stormwater and hydrology - Ground water replenishment around trees along the southeastern boundary

LEGISLATION CITED: Rivers and Foreshore Improvement Act 1948, (RFI Act) Part 3A - State Environmental Planning Policy No 53 - Metropolitan Residential Development, (SEPP53) - Ku-ring-gai Planning Scheme Ordinance, (KPSO) - Development Control Plan 40, (DCP40) - Development Control Plan 43, (DCP43) - Environmental Planning and Assessment Act 1979 ss 79 and 97

CASES CITED:

DATES OF HEARING: 19/10/2004

EX TEMPORE
JUDGMENT DATE : 10/19/2004

LEGAL REPRESENTATIVES:
APPLICANT:
Mr S Kondilios, solicitor
SOLICITORS:
Maddocks
RESPONDENT:
Mr R K Graham, solicitor
SOLICITORS:
Abbott Tout

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Watts C
19 October 2004
10164 of 2004 – Sam Wu 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 an integrated development application to demolish the existing dwelling on the land and to erect a detached dual occupancy development at Lot A DP 365652, being No 27 Bent Street, Lindfield. The council subsequently formally refused the application and then sought to enter into consent orders.
2 I visited the land in company with the parties on the day of the on-site hearing.
3 I have concluded that when considered under s 97 of the Environmental Planning and Assessment Act 1979 the application as conditioned would be satisfactory and such as may be consented to by the Court.

The land
4 The battleaxe shaped land is situated on the northwestern side of Bent Street near its intersection with Woodland Lane. Excluding the area of the axe handle it is largely rectangular with dimensions of 45.269m x 31.295m giving an area, excluding that axe handle, of 1,440m2. Including the axe handle the land has an area of some 1,902.42m2.
5 The land abuts a natural watercourse that traverses Nos 25 and 29 Bent Street, Lindfield. This watercourse is piped under the driveway of the subject land. There is a fall of 1m to 2.5m across the site from north-west to north-east. A large (level) natural rock outcrop is situated towards the rear of the land, and may be observed above the natural surface of the ground in the north-west corner. Around the perimeter of the land are thirteen (13) mature trees including a significant Angophora costata (Sydney Redgum) near the north western (rear) site boundary and a mature Eucalyptus pilularis (Blackbutt) and Eucalyptus piperita (Sydney Peppermint) near the southeastern boundary.
6 Three drainage easements affect the land. One easement is located along the northeastern boundary and the other two cross the access handle. Both are piped where they crosses the driveway.
7 Erected on the land is a single-storey brick and tile dwelling with a detached garage.
8 The Ku-ring-gai Visual Character Study locates the land within an area characterised by single dwellings on single lots with most construction being from the period between 1920-1945. A mix of architectural styles and periods are evident within the streetscape. Development within Bent Street comprises of residential dwellings.
9 A school abuts the northwestern boundary of the land and adjoining residential properties are of single-storey and two-storey storey height. The Lindfield shopping area and Lindfield railway station are situated about 500m to the north-west.

Relevant planning controls

Rivers and Foreshore Improvement Act 1948, (RFI Act)
10 The RFI Act was gazetted 21 May 1948 and since has been amended. Part 3A of the RFI Act relates to the protection of rivers and lakes.
11 Under Part 3A: 22A Definitions.

In this Part:

‘Constructing Authority’, when used in connection with protected waters or land under or adjacent to protected waters, means:

(a)

if the bed of the waters is vested in the Waterways Authority or a Port Corporation (within the meaning of the

) the Minister for Ports, or

(b)

if the waters are tidal and paragraph (a) does not apply the Minister for Public Works, or

(c)

in any other case the Ministerial Corporation.

‘make an excavation’ includes cause or allow an excavation to be made.

‘material’ means any part of the surface of any land or any matter lying beneath that surface.

‘permit’ means a permit in force under this Part.

‘protected land’ means:

(a)

land that is the bank, shore or bed of protected waters, or

(b)

land that is not more than 40 metres from the top of the bank or shore of protected waters (measured horizontally from the top of the bank or shore), or

(c)

material at any time deposited, naturally or otherwise and whether or not in layers, on or under land referred to in paragraph (a) or (b).

‘protected waters’ means a river, lake into or from which a river flows, coastal lake or lagoon (including any permanent or temporary channel between a coastal lake or lagoon and the sea).

‘remove material’ includes cause or allow material to be removed.

(1)

A person must not:

(a)

make an excavation on, in or under protected land, or

(b)

remove material from protected land, or

(c)

do anything which obstructs, or detrimentally affects, the flow of protected waters, or which is likely to do so,

unless the person is either authorised to do so by a permit under this Part and does so in accordance with any conditions to which the permit is subject, or is authorised to do so by the regulations.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable:
(a) in the case of a corporation to a penalty not exceeding 1,250 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 600 penalty units for each day the offence continues, or
(b) in the case of an individual to a penalty not exceeding 600 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 300 penalty units for each day the offence continues.
(3) It is a defence to any proceedings against a person in respect of a contravention of subsection (1) for the person to establish:
(a) that the commission of the offence was due to causes over which the person had no control and that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence, or
(b) in the case of proceedings for a contravention of subsection (1)(c), that the person could not reasonably have foreseen that the person’s actions would result in, or in the likelihood of, the obstruction or detrimental effect concerned.
(4) A person does not commit an offence under subsection (1) if the activity concerned relates to a work, or class of work, specified by the Ministerial Corporation by order published in the Gazette.

Application for a permit is:

(a)

to be made to the Constructing Authority in the form approved by the Authority, and

(b)

to be accompanied by the fee determined by the Authority.

(2)

As a pre-condition to the grant of a permit, the Constructing Authority may require the applicant to give security for the due performance of the applicant’s obligations under and in connection with the permit for an amount, in a form and on such terms and conditions as the Constructing Authority may require.

(3)

The Constructing Authority may, after any investigation it thinks necessary, refuse a permit or grant one subject to such conditions as it thinks appropriate.

(3A) The issue of a permit in relation to integrated development within the meaning of section 91 of the

is subject to Division 5 of Part 4 of that Act.

State Environmental Planning Policy No 53 - Metropolitan Residential Development, (SEPP53)
15 Under s 3(1) of SEPP53 the aims are to encourage the provision of housing in metropolitan areas that will:
(a) broaden the choice of building types and locations available in the housing market, and
(b) make more efficient use of existing infrastructure and services, and
(c) reduce the consumption of land for housing and associated urban development on the urban fringe, and
(d) be of good design.

(2) These aims are to be achieved:

(a)

by establishing planning controls that will provide opportunities for a variety of housing types, such as multi unit housing or multi unit housing combined with development for any other purpose to be developed in areas the councils of which have not adopted residential development strategies approved by the Minister, and

(b)

by setting out design principles that, if followed, will achieve built form that responds to the characteristics of its site and location, and

(c)

by encouraging councils to prepare and adopt residential development strategies and supporting local environmental plans and policies that will achieve those aims, and by allowing local government areas to be exempted from the whole or parts of this policy when those strategies and plans are in place.

(3) In addition, this Policy aims to simplify and streamline certain aspects of the planning system relating to residential development:

(a)

by revising the provisions in a number of State environmental planning instruments to improve their operation, and

(b)

by restating the revised provisions of those environmental planning instruments in a single policy written in a manner that is easy to understand.

16 Part 3 of SEPP53 applies to dual occupancy development and cl 15 sets out the objectives of this Part:
(a) to create opportunities for two dwellings to be developed on a single allotment of land, and
(b) through the other provisions of this Policy, to ensure that dual occupancy development is:
i. designed and assessed with a full understanding of the opportunities and constraints of each site, and
ii. designed and assessed having adequate regard for the design principles contained in Part 5.

This part applies to all land to which this Policy applies that is within a residential zone under another environmental planning instrument.

This part allows development that results in two dwellings being located on the one allotment of land if the land is within a zone, which, under another environmental planning instrument, permits the erection of dwelling houses.

Ku-ring-gai Planning Scheme Ordinance,

(KPSO)

Environmental Planning and Assessment Act 1979

To maintain and where appropriate, improve the existing amenity and environmental character of Residential zones; and

To permit new residential development where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.

Development Control Plan 40, (DCP40)
27 DCP40 would be overridden by SEPP53 and relates to waste management. A waste management plan was submitted and there was no issue between the parties.

Development Control Plan 43, (DCP43)
28 DCP43 relates to car parking. DCP43 would be overridden by SEPP53 and the proposal exceeds those requirements and there was no issue between the parties.

Council's Dual Occupancy Control Code, (Code)
29 The Code was adopted in April 2003 and contains sections relating to stormwater management (Section 4.5), privacy (Section 4.3), Car Parking and Accessibility (Section 4.7). In relation to stormwater, the Code reflects Council's Stormwater Management Manual that states:

The construction of any permanent structure (such as dwellings, garages, impervious fences, pools) or the placement of fill over a watercourse, drainage depression, piped drainage system or within the path of the 100 year flood is generally not permitted.

A natural bushland and riparian zone of a minimum width of either 10 metres (or as otherwise specified by Council) on either side of the top of the bank of a non perennial watercourse or the 100 year flood zone as calculated by a consulting engineer, whichever is the greater, is not to be subject to development without consent of the council.

The proposal and its history
31 Integrated development application No 1559/03 was lodged with the respondent council on 28 November 2003 to demolish the existing dwelling on the land and to erect a detached dual occupancy development on the land. Each detached dwelling would be two-storeys in height and each would comprise living areas on ground floor level with four (4) or (5) (Dwelling No 2) bedrooms proposed on the first floor. A triple garage was originally proposed (now a double garage) for Dwelling No 1 (Wu residence) and a double garage is proposed for the second dwelling (Yang Residence). A swimming pool set in landscaped gardens was originally proposed for each dwelling and is now deleted.
32 Each dwelling would be around 6.4m in height measured from natural ground level to the ceilings of the upper floors with a maximum overall height of about 9.5m to the roof ridges.
33 The floor space ratio (F.S.R) would be around 0.47:1.
34 The proposed setbacks for Dwelling No 1 (Wu residence) would be 5.5m to the northwestern boundary, 3.022m to the northeastern boundary, 8.611m to the southeastern boundary, with a 6.428m separation between the dual occupancies.
35 The proposed setbacks for Dwelling No 2 (Yang residence) would be 3.972m to the northwestern boundary, 3m to the southwestern boundary and 7.181m to the southeastern boundary. Although no survey plan was supplied to the Court, it would appear from the position of the white corner survey mark, seen on the site inspection, that the southern corner of the property would be around 3m from the stream edge. This would suggest that the southern corner of the proposed garage of the Yang residence would be around 10m from the stream bank and elevated above it.
36 A landscape plan and a statement of environmental effect accompanied the application.

Notification
37 The application was notified on 2 December 2003 to nearby owners and occupants and the council received five (5) letters of objection.
38 At a meeting with the applicant on 4 March 2004 the council requested additional information be submitted and this was confirmed in writing. The council’s reporting officer recommended that as insufficient information was available for assessment of the application it should remain undetermined.

Amendments to the proposal
39 By letter dated 27 August 2004, Mr Minto, consultant town planning for the applicant, addressed the issues of stormwater, traffic, existing trees, rock shelf, landscape plan, and concluded that the council’s concerns have now been satisfied. The triple garage for the Wu residence was reduced to a double garage.

The council’s decision
40 When the appeal was filed the council had not determined the application. The matter comes before the Court as a deemed refusal.

The hearing
41 The appeal was filed on 13 February 2004.
42 Mr C Swanepoel, town planner, assessed the development application on behalf of the respondent council and was involved in discussions with the applicant.
43 Mr A Minto, consultant town planner was involved in advising the applicant on planning matters.
44 Also present at the on-site hearing were:
· Mrs Julie Harrington, resident of No 29 Bent Street, Lindfield; who was concerned in relation to stormwater and fencing;
· Mrs Jennifer Wilson, resident of No 33 Bent Street, Lindfield, who was concerned about stormwater, protection of trees and the reason for the council’s change of mind;
· Mrs Susan Howard, resident of No 35 Bent Street, Lindfield, who was interested in stormwater matters.

The issues
43 On 2 April 2004 the council filed an amended statement of issues:
1. Site analysis: Whether the site analysis prepared meets the requirements of clause 31 of the State Environmental Planning Policy No. 53 - Metropolitan Residential Development, (SEPP 53) and, if it does not meet those requirements, whether consent can be granted to the proposed development.

Visual Impacts:

Whether the proposed development is inconsistent with Clause 32(h) of SEPP 53 in that it will result in significant visual bulk impacts to the locality and adjoining properties.

Particulars:

i. Insufficient setbacks are provided to enable screen planting along the south-western (side), north-eastern (side) and north-western (rear) boundaries adjoining the proposal to soften such impacts.
ii. Whether the siting and design of the proposed development would maintain the existing amenity and environmental character of the residential zone (clause 1(a) of schedule 9).
iii. Whether the siting and design of the proposed development would be incompatible with the environmental character of the locality and would not have a sympathetic or harmonious relationship with adjoining properties (clause 1(b) of schedule 9).

Access:

Whether the proposal is inconsistent with Clause 32(f) of SEPP 53 in providing convenient, obvious and safe access for pedestrians and motorists and whether convenient access and parking for residents and visitors is proposed.

Particulars:

i. The application has failed to provide sufficient information to enable an assessment of the adequacy of the proposed driveway and manoeuvring areas for the proposed development.
ii. The proposed driveway layout fails to demonstrate the requirements of AS2890.1 - 2004 (Off street car parking) having regard to suitable driveway gradients.
iii. The proposed driveway layout fails to demonstrate the requirements of AS2890.1 - 2004 (Off street car parking) having regard to provision adequate on site manoeuvring areas.

iv. The proposed driveway layout fails to demonstrate the requirements of AS2890.1 - 2004 (Off street car parking) having regard to provision of a suitable passing bay.

Stormwater and hydrology:

Whether the proposal is inconsistent with Clause 32(d) of SEPP 53 in controlling and minimising the disturbance and impacts of stormwater and whether it has been designed with regard to the scope for on site infiltration of water.

Particulars

i. The application has failed to provide sufficient information (ie. flood study/drainage documentation) to enable an assessment of the adequacy of the proposed stormwater drainage and hydrology impacts on site.
ii. Whether the proposed development will alter the passage of overland flows and will result in adverse impacts upon the subject site and adjoining properties.
iii. Whether the subject property has the right to drain into the easement over all downstream properties
iv. Whether the proposed riparian setback zone associated with the adjoining creek is sufficient and will not lead to immediate and/or ongoing impact on the overall environmental integrity of the creek.

Loss of trees:

Whether the proposed development will result in adverse impacts upon the existing vegetation and trees on the site and therefore be inconsistent with the objectives set out in clause 15 of SEPP 53.

Particulars:

i. The proposed development will result in adverse impacts to the following trees: Angophora Costata (Sydney Redgum) located adjacent to the north-western (rear) site boundary.
ii. Eucalyptus pilularis (Blackbutt) located adjacent to the driveway areas on the south-eastern boundary.

Council's Dual Occupancy Development Policy:

Whether the proposed development has regard for the aims and objectives of Council's Dual Occupancy Development policy.

Particulars:

Whether the proposed development meets the requirements of Council's Dual Occupancy Development policy in relation to built upon area, floor space ratio, setbacks, tree retention and provision of suitable landscaping.

The evidence and findings

Stormwater and hydrology
45 The applicant agreed that the necessary stormwater easements would be put in place prior to development taking place. This was conditioned to require an extension of the ‘roof water’ easement passing though No 29 Bent Street to the natural watercourse to the southwest. The adjoining neighbour Mrs J Harrington, of that adjoining property (No 29 Bent Street, Lindfield), was present at the on-site hearing and was content to meet with the applicant’s representatives with a view to arranging for the legal easement to be extended and amended at the applicant’s cost.
46 I am satisfied that such a condition would permit the necessary legal requirements to be put in place to enable stormwater from the land to be carried to the natural watercourse.

Ground water replenishment around trees along the southeastern boundary
47 The applicant was content to include a condition that would ensure that groundwater infiltrated the area around the existing trees along the southeastern boundary adjacent the creek line. This might include works in addition to the proposed stormwater detention tanks.
48 I am satisfied that an appropriate condition would resolve that matter.

Other issues
49 Other issues have been resolved through discussion between the parties and local residents and amendments of the plans.
50 One issue raised by Mrs J Wilson, of No 33 Bent Street, Lindfield, was the physical presence of the proposed Dwelling No 2 (Yang residence) close the rear boundary of her property and 7.181m from the common boundary. In response to her comments, the applicant agreed to extend the row of Melaleuca gibbosa (Dwarf Purple Bottlebrushes) shown on the Landscape Concept Plan in Exhibit B to the southwestern boundary. These trees, would according to the Landscape Concept Plan, mature to a height of around 2m and I am satisfied, would assist in screening from view to the south, of the garage wall of the Yang residence. I am satisfied this, in combination with retention and augmentation of the native vegetation on the northwestern bank of the creek, would sufficiently ameliorate the impact of the proposal when viewed from Mrs Wilson’s property.
51 As agreed between the parties and for the above reasons, the appeal may be upheld.

Conditions
52 The conditions are those in Exhibit 4 as amended during the on-site hearing.

Orders
53 The consent orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
2. Integrated development application No 1559/03 lodged with the respondent council on 28 November 2003 to demolish the existing dwelling on the land and to erect a detached dual occupancy development at Lot A DP 365652, being No 27 Bent Street, Lindfield, 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

Sam Wu v Ku-ring-gai Council

No 27 Bent Street, Lindfield
Development Application No: 1559/03
Detached dual occupancy

SCHEDULE A CONDITIONS

Prior to issue of the Construction Certificate the applicant shall submit, for approval by the Principal Certifying Authority (PCA), registered title documents demonstrating that the subject site is benefited by the necessary easement(s) for stormwater drainage between the subject site and the natural watercourse. This information is to include, as a minimum, registered Title documents demonstrating the benefit and burdens, together with the instruments describing the terms of necessary drainage easement (s).

GENERAL CONDITIONS

1. The development to be in accordance with Development Application No 1559/03 and Development Application plans prepared by:

i. New Accent Design, reference numbers 1/b (dated 11 August 2004), 2/b & 3c (dated 20 August 2004) and filed in Court on 19 October 2004 as Exhibit “A”.

ii. Outdoor Living Constructions reference number 904LD Page 1 & 2, dated 29 September 2004 and filed in Court on 19 October 2004 as Exhibit “B”.

iii. Drainage plans (2 sheets) amended as at 26 August 2004 and filed in Court as Exhibit “C”.

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. The approved building shall not be occupied unless the development has been completed in accordance with all conditions of consent and the approved plans and an Occupation Certificate has been issued. The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a Road Opening Permit being obtained from the Council (upon payment of the required fee) beforehand.

5. To maintain the existing ground levels all spoil shall be removed from the site. Sites shall not be re-shaped, re-contoured, nor the levels on any part of the site altered without the consent of the Council being obtained beforehand.

6. To ensure structural stability wherever the soil conditions so require, a retaining wall or other approved method of preventing the movement of soil shall be provided and adequate provision shall be made for drainage.

7. 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.

8. 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.

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.

10. 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.

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

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

13. 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.

14. 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.

15. The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia.

16. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

17. All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

18. 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:

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.

19. 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.

20. Compliance with the general terms of approval issued by the Department of Infrastructure Planning and Natural resources:

All works proposed must be designed, constructed and operated to minimise sedimentation, erosion and scour of the banks or bed of the watercourse/foreshore find to minimise adverse impacts on aquatic and riparian environments.

ii.

Erosion and sediment control measures are to be implemented prior to any works commencing at the site and must be maintained for as long as necessary after the completion of words, to prevent sediment and dirty water entering the watercourse/ foreshore environment. These control measures are to be in accordance with the requirements of Council or the consent authority and best management practices as outlined in the NSW Department of Housing’s “Managing Urban Stormwater: Soils and Construction” Manual (1998) - the ‘Blue Book’.

iii.

The Part 3A Permit from DIPNR is issued for works on FREEHOLD land only. This Permit is null and void for any works on Crown Land.

iv.

Rehabilitation of the area in accordance with the 3A Permit Conditions or any direction from, DIPNR is the responsibility of the Permit holder and owner or occupier of the land.

Work as executed survey plans of a professional standard and including information required by DIPNR shall be provided to DIPNR on request.

vi.

If, in the opinion of a DIPNR officer, works are carried out in such a manner that they may damage or adversely affect the watercourse or foreshore environment, the DIPNR officer may issue an oral or written direction to immediately stop all works.

vii.

If any DIPNR Part 3A Permit Conditions are breached, the permit holder shall restore the site in accordance with these conditions and any other necessary remedial actions as directed by DIPNR. If any breach of the Part 3A Permit Conditions requires a site inspection by DIPNR, then the permit holder shall pay a fee prescribed by DIPNR for this inspection and all subsequent breach inspections.

Special Conditions:

viii. Plants used for landscaping in the area adjacent to the watercourse are to consist of-a diverse range of native plant species appropriate to the site and local to the area.
ix. Any disturbed areas along the watercourse are to be revegetated using a diverse range of native plant species appropriate to the site and local to the area.
x. Any proposed stormwater outlet to the watercourse should be designed, located and constructed to minimise any erosion or scour of the banks or bed of the watercourse and the construction technique adopted is to ensure that disturbance to the banks soil and vegetation is kept to an absolute minimum. The stormwater outlet is to be of a soft engineering design.
xi. The design of any proposed stream crossing must be sensitive to the ecology, wildlife corridor and geomorphic function of the stream by providing adequate light levels, protection for migrating fauna and minimising erosion. To achieve this the design of the crossing is to consist of a full span bridge with a piered approach or a structure with equivalent corridor functions for the entire length of the riparian zone. The bridge width is to be, as narrow as possible. The crossing is not to cause any scour or erosion to the stream bed or banks in any storm events. The design of the stream crossing is to be prepared and implemented by a person with relevant knowledge, qualifications and experience.

21. The fence and footings shall be constructed entirely within the boundaries of the property. Where possible, existing boundary fencing shall be retained and in any event, the Applicant is to retain the existing fencing along the boundary with the property of Mrs Harrington at No 29 Bent Street.

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

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

24. 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.

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

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

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

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.

28. 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.

29. Existing stormwater lines on the site are to be blocked and made inoperable after buildings are demolished so as to prevent the conveyance of silt or sediments into water course.

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

31. Materials salvaged from a demolition may be stored on site provided they are non combustible, neatly and safety stockpiled and not likely to become a harbourage for vermin.

32. Trees and vegetation on a site shall not be disturbed except with the approval of the Council.

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

34. Buildings built prior to the 1970’s may contain lead based paint. Lead dust is a hazardous substance. You are advised to follow the attached WorkCover guidelines to prevent personal and environmental contamination.

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

a. stating that unauthorised entry to the work site is prohibited, and

b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed. This clause does not apply to:

c. building work carried out inside an existing building, or
d. building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

36. All demolition materials of value for re-use either on-site or elsewhere, shall be separated and made available for re-cycling.

37. To prevent pollution, all vehicles making a delivery to or from the site are to be covered to prevent loose materials, dust etc falling from the vehicles.

38. The applicant's attention is directed to any obligations or responsibilities under the Dividing Fences Act in respect of adjoining property owner/s which may arise from this application and it is advised that enquiries in this regard may be made at the nearest Local Court.

Engineering
39. 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).

40. 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.

The onsite stormwater detention system is to incorporate a stormwater infiltration system designed to replenish ground water around existing trees on the south eastern boundary of the subject property and is to be designed in consultation between the Applicant’s hydrological engineer and the Applicant’s consulting arborist and architect.

41. The proposed levels across the nature strip as shown in the plan by New Accent Design, Drawing No. GRAD/TURN/b, dated 11/8/04 are not approved. Such levels are to be issued by Council under the Roads Act 1993 . These are issued with alignment levels after completing the necessary application form at Council’s Customer Services and payment of the adopted fee.

42. 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.

43. 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.

44. 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.

45. 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.

46. Construction of the concrete access driveway to the proposed dwellings. The driveway entrance and crossing width is to be widened in order to comply the AS2890.1 requirement for a 5.5m width for the first 6 metres from the road kerb. The balance of the driveway is to be constructed with a minimum clear width between adjacent obstructions of 3.0 metres in accordance with Australian Standard 2890.1 “Off-street car parking”.

47. Provision of a passing bay is to be provided in accordance with AS2890.1 – “Off street car parking” where sight distance from one end to the other is restricted and/or the length of driveway exceeds 30 metres.

48. The proposed driveway across the overland flow path, as identified in the flood report by AFCE, Report No. 343652, dated June 2004, must be constructed at existing surface levels. No structures, walls, fences, fill or other items which may impede the 100 year ARI flood are to be placed within that zone.

49. 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”.

50. 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.

Landscaping
51. 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.

52. No excavation shall occur within 1.5 metres of the rear north west boundary and the existing rock shelf/outcrop shall be left intact within a 5 metre radius of the Angophora costata (Sydney Red Gum) located on the northwestern boundary. The existing rock shelf/ outcrop shall be retained in the northern corner of the site in an arc, which is a 6-metre radius from the northern corner.

53. Landscape works shall be carried out in accordance with Landscape Drawing No 904LD Page 2 prepared by Outdoor Living Constructions and dated 18.08.04 filed with the Land and Environment Court and dated 29 September 2004, except as amended by the following and shown in red on the plan:

· The five (5) Crinum pedunculatum adjacent to Southeastern boundary opposite the Wu residence shall be replaced with 5 Ceratopetalum apetalum (Coachwood) ;

54. 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 final Certificate of Compliance.

55. 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:

Angophora costata

(Sydney Red Gum)/

56. 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.

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

57. 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.

58. 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).

59. 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.

60. 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 1 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:

4. Additions/alterations to Acron Rd child care centre

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

OCCUPANCY RATES FOR DIFFERENT DWELLING SIZES

Engineering
61. 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.

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.

62. The stormwater plan prepared by K.D. Hansford P/L, Drawing No. 43530D, dated 26/8/04 shall be amended to, but not limited to the following:

a. Elevations are to be provided showing the top water surface level and finish surface levels of both systems;
b. HGL calculations are to be provided demonstrating that the orifice of the OSD systems is not submerged (“drown orifice”) when the in ground system is under pressured.

Full construction design drawings and calculations for the property drainage system components shall be submitted and approved by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate. 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.

63. Prior to the issue of a Construction Certificate, the compliance certificate obtained under Section 73 of the Sydney Water Act 1994 must be submitted for verification by the Principal Certifying Authority (PCA).

64. Prior to issue of the Construction Certificate the applicant shall submit, for approval by the Principal Certifying Authority (PCA), a Soil and Erosion Control Plan prepared in accordance with the NSW Department of Housing document “Managing Urban Stormwater – Soils and Construction” (1998). A suitably qualified and experienced civil/environmental engineer or surveyor shall prepare this plan in accordance with the above guidelines and section 8.2.1 of Councils Water Management DCP 47 (available on the Council website).

Landscaping
65. The proposed Melaleuca gibbosa (Dwarf Purple Bottlebrush) screen is to be extended by the provision of an additional three trees of the same species to the southwestern boundary of the property to screen the garage of the Yang residence.

Building

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

a. Details prepared by a practicing structural engineer for all or any reinforced concrete, structural steel or timber framing.
b. Wind bracing details complying with AS 1684-1992 National Timber Framing Code, AS 1170.2-1989 Wind Load Code or AS 4055-1992 Wind Loads for Housing Code.
c. Upper floor joist details, engineered or complying with AS 1684-1992 National Timber Framing Code.
d. Retaining walls and associated drainage.
e. Wet area waterproofing details complying with the Building Code of Australia.
f. Mechanical ventilation details complying with Australian Standard 1668-1993 Mechanical Ventilation & Air conditioning.
g. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
h. Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent.

CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING

67. 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.

68. Prior to the commencement of any works on site and prior to issue of the Construction Certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council a full dilapidation report on the visible and structural condition of the existing structures at the following location:

HIGHFIELDS PREPARATORY SCHOOL (18 Highfield Road, Lindfield) – adjacent to the north west boundary

all

69. 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.

Landscaping
70. To preserve the existing trees to be retained along the south east boundary of the site, no work shall commence until the area between the proposed driveway and the SE boundary is fenced off to prevent any activities, storage or the disposal of materials within the fenced area. The fence shall commence at the SW boundary of the access handle, extend to the proposed edge of the driveway then run along the edge of the proposed driveway until 1.5m outside the garage, then run to a point 1 metre outside the SE side of the garage then parallel to the garage to the SW boundary. The fence shall be maintained intact until the completion of all demolition/building work on site and may be removed when landscape works are to be undertaken.

71. To preserve the Angophora costata (Sydney Red Gum) located on the north west boundary, no work shall commence until the area beneath the canopy of the tree is fenced off in front of the existing rock outcrop for a distance of 4 metres each side of the tree 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.

72. 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.

73. The tree protection fencing shall be installed under the supervision of a qualified arborist to the specifications nominated above prior to the commencement of works on site. Documentary evidence of compliance with this condition is required with a copy to Council.

CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION

74. 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.

Engineering
75. 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.

76. 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

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.
77. 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.

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

78. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate, the applicant shall create of a Restriction-on-Use on the title of the subject property. The restriction is to be over the 100 year ARI flood zone identified in the flood report by AFCE, Report No. 343652, dated June 2004 and must prevent the placement of any structures, walls, fences, fill or other items which may impede the 100 year ARI flood, within that zone. Ku-ring-gai Council is to be named as the Authority empowered to release, vary or modify the restriction.

BUILDING CONDITIONS

79. 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.
80. 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.

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

a. Wet area waterproofing details complying with the Building Code of Australia.
b. Mechanical ventilation details complying with Australian Standard 1684 Mechanical Ventilation & Air conditioning.
c. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
d. Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent.
e. A Compliance Certificate from a suitably qualified person that the dual occupancy dwellings comply with the relevant deemed to satisfy provisions of the Building Code of Australia. END

S J Watts
Commissioner of the Court

CITATION:	Sam Wu v Ku-ring-gai Council [2004] NSWLEC 580
PARTIES:	APPLICANT: Sam Wu RESPONDENT: Ku-ring-gai Council
FILE NUMBER(S):	10164 of 2004
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Stormwater and hydrology - Ground water replenishment around trees along the southeastern boundary
LEGISLATION CITED:	Rivers and Foreshore Improvement Act 1948, (RFI Act) Part 3A - State Environmental Planning Policy No 53 - Metropolitan Residential Development, (SEPP53) - Ku-ring-gai Planning Scheme Ordinance, (KPSO) - Development Control Plan 40, (DCP40) - Development Control Plan 43, (DCP43) - Environmental Planning and Assessment Act 1979 ss 79 and 97
CASES CITED:
DATES OF HEARING:	19/10/2004
EX TEMPORE JUDGMENT DATE :	10/19/2004
LEGAL REPRESENTATIVES:	APPLICANT: Mr S Kondilios, solicitor SOLICITORS: Maddocks RESPONDENT: Mr R K Graham, solicitor SOLICITORS: Abbott Tout