The Winter Group Pty Ltd v Ku-ring-gai Municipal Council
[2000] NSWLEC 140
•07/21/2000
Land and Environment Court
of New South Wales
CITATION: The Winter Group Pty Ltd v Ku-ring-gai Municipal Council [2000] NSWLEC 140 PARTIES: APPLICANT
RESPONDENT
The Winter Group Pty Ltd
Ku-ring-gai Municipal CouncilFILE NUMBER(S): 11122 of 1999 CORAM: Pearlman J KEY ISSUES: Development :- SEPP 5 - character of the site and locality - privacy - bulk and scale - access to services - wheelchair access LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Ku-ring-gai Planning Scheme Ordinance
State Environmental Planning Policy No 5 - Housing for Older People and People with a DisabilityCASES CITED: DATES OF HEARING: 08/05/00, 09/05/00, 10/05/00, 11/05/00, 12/05/00 DATE OF JUDGMENT:
07/21/2000LEGAL REPRESENTATIVES: RESPONDENT
APPLICANT
Mr D J Baird (Solicitor)
SOLICITORS
PricewaterhouseCoopers Legal
Mr S N Griffiths (Solicitor)
SOLICITORS
Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND
11122 of 1999
ENVIRONMENT COURT Pearlman J
OF NEW SOUTH WALES 21 July 2000
- Applicant
Respondent
Introduction
1. This is a class 1 appeal against the refusal of Ku-ring-gai Municipal Council to grant development consent for 15 residential dwellings under State Environmental Planning Policy No 5 - Housing for Older People and People with a Disability (“SEPP 5”).
2. I record that I was very much assisted in this appeal by Commissioner Hoffman, and that the Court had the benefit of a site inspection.
3. I have concluded, for the reasons which follow, that the development application should be determined by the grant of consent subject to conditions.
The site and its surroundings
4. The site is known as No 277 and No 277A Mona Vale Road, St Ives, being lot 2 and lot 3 in DP 541855. Both lots are existing battleaxe lots located beside each other so that, combined, there is an access handle from Mona Vale Road approximately 9 m wide. This access handle occupies an area of approximately 363 m2, leaving a residual area in the main rectangular section of the site of 3,800 m2.
5. The site rises gently from Mona Vale Road about 3 m to near the centre of the main section of the site, and then falls approximately 2 m to its eastern boundary. There are mature trees on the site, particularly around the perimeters and down the access handle. There are two existing houses, one on each lot, and these are to be demolished to make way for the proposed development.
6. To the north of the access handle is No 279 Mona Vale Road (“No 279”) set well back from the road but its south wall is close to the proposed driveway. To the north of the main part of the site is No 281 Mona Vale Road (“No 281”) containing a house, swimming pool and terrace area adjacent to the northern boundary of the site.
7. No 283 Mona Vale Road (“No 283”) is an L-shaped lot with frontage to Mona Vale Road and which adjoins the site near its north-eastern corner. A tennis court is located near the northern boundary of the site. No 281 is subject to a current development application before the council for a SEPP 5 development of ten dwellings.
8. Along the eastern boundary of the site, at its north east end, is a single storey house at No 1 Flinders Avenue (“No 1 Flinders”), and adjoining the common boundary is a swimming pool, patio areas and part of that house. On the south-eastern boundary of the site is No 2 Flinders Avenue (“No 2 Flinders”), another single storey house with its family room and northern yard adjoining the site.
9. Along the entire southern boundary of the main body of the site is No 273 Mona Vale Road (“No 273”) which is a battleaxe lot. It has a tennis court, garden, pool, terrace, house, garage and entry area adjoining the site.
10. No 275 Mona Vale Road (“No 275”) has a common boundary with the access handle to, and the western boundary of, the site. Its access is planted with a row of camellia bushes and there is a row of cypress pines along the same boundary within the site.
11. Mona Vale Road is a very busy arterial road and near the site is a six-lane road with a centre island. Only left in and left out turns are possible to the site. About 250 m to the south-west of the site is the intersection of Mona Vale Road with another arterial road called Link Road. Beyond that, further to the west, is St Ives Shopping Centre.
12. In the locality there is a synagogue and a monastery. Adjoining the monastery but with frontage to Mona Vale Road is Corpus Christi School. Adjoining the school but with frontage to Link Road is Masada College. About two blocks away to the north of the site is Brigidine College and slightly further to the north and on the opposite side of Mona Vale Road is Sydney Grammar Preparatory School.
13. Apart from these institutions, the locality is characterised by detached dwellings on large allotments of land, the average of which is perhaps 1500 m2. The largest lots have a similar area the to site, about 3000 m2. Substantial and mature vegetation surrounds most of these houses so that the leafy character of the area, combined with well separated detached dwellings, is predominant.
The proposed development
14. The proposal is to construct five detached houses and three two storey apartment buildings. Two of the apartment buildings are to contain four units, and the remaining one is to contain two units. The apartment buildings are to be located at the eastern end of the site. The detached houses are to be arranged so that three adjoin the southern boundary and two adjoin the northern boundary.
15. All the buildings are to be arranged around a central courtyard for communal access, and each has a private courtyard adjoining the site’s boundary. In the centre of the site, underneath the communal access courtyard and partially under the buildings, is to be an underground carpark providing two carparking spaces for each dwelling. There is also to be a garbage bin collection area and a garbage truck turnaround.
16. The carpark is to be totally underground, and in order to access it, the development will take advantage of the gradual 3 m rise in the ground from Mona Vale Road. The driveway will be gradually excavated into the ground, so that in effect it is to be a level driveway, and the ground rises on either side of it along the access handle.
17. At the entry of the access handle to the main part of the site there is to be a doorway into the basement. Just beside this opening there is to be a lift which will take people up to the central access courtyard. A set of stairs through the garden at the side of the driveway will provide an alternate access up to the central courtyard. There is to be another lift at the far end of the basement carpark, which will take people up to either the communal access courtyard, or up to the second storey level of the three apartment buildings.
18. From this lift there is to be a structure providing covered access to both the ground floor and the first floor apartments. It is an open-sided two storey structure which is to connect all three buildings. A set of stairs will wind down around the lift tower from the upper floor to ground level.
19. The overall appearance of the proposed development will be pitched tiled roofs with brickwork walls. The five detached dwellings will have steeply pitched roofs which enable a master bedroom, ensuite and storage areas to be contained within the roof space. The dormer windows to the master bedrooms will face into the communal access courtyard rather than outwards towards the neighbouring properties.
20. The living rooms of all dwellings and units will look outwards towards the neighbouring houses and their yard areas.
The Issues
21. The site is within the Residential 2(c) zone under the Ku-ring-gai Planning Scheme Ordinance. Under that zone, dwelling houses are permissible without consent, but the proposed development would be prohibited. However, the proposed development becomes permissible with consent because SEPP 5 applies to land upon which development for the purpose of dwelling houses is permitted, and cl 10 of SEPP 5 provides that development for the purpose of any form of housing for older people or people with a disability is permissible with consent despite the provisions of any other planning instrument.
22. That concession arises only if the proposed development complies with the provisions of SEPP 5, and the issues in this appeal are directed to SEPP 5 matters. The following issues were raised:
2. The proposal is inconsistent with the requirements of clause 25 of State Environmental Planning Policy No 5 in that:-1. The proposal is inconsistent with clause 3(2)(c) of State Environmental Planning Policy No 5 in that it does not respond to the characteristics of the site and its locality;
(a) it does not provide for appropriate levels of visual and acoustic privacy in respect of the neighbouring properties;
(c) it is of an excessive visual bulk and does not maintain reasonable neighbour amenity or appropriate residential character;(b) it does not provide safe and convenient access to public transport facilities and local facilities;
3. The proposal does not satisfy the provisions of clause 12(1) of SEPP No 5 in that future residents will not have reasonable and convenient access to services and facilities;4. Council is not satisfied that the development would allow reasonable and appropriate wheelchair access (vide cl 13(a) of SEPP No 5);
5. The proposal is inconsistent with the general aims of the Residential 2(c) zone in the Ku-ring-gai Planning Scheme Ordinance in that it is not compatible with the existing residential character of the locality and does not have a sympathetic and harmonious relationship with adjoining development;
7. Circumstances of the case and the public interest. Issues raised by objectors.6. Access to the development will adversely affect the existing vegetation adjacent to the access corridor and located on the adjoining properties;
Compatibility with the character of the site and the locality
23. The principal issue in this case is whether or not the proposed development is of good design and whether or not it is compatible with the character of the site and the locality. It is the council’s case that the proposed development fails on both these counts with the consequence that it has an unacceptable impact upon visual privacy and unacceptable bulk and scale. It is to these matters that issues 1, 2(a), 2(c) and 5 are directed.
24. The aim of SEPP 5 is to encourage the provision of housing for older people and people with a disability that will, amongst other things, be of good design (cl 3(1)(c)). That aim is intended to be achieved by several means, one of which is the setting out of design principles that should be followed “to achieve built form that responds to the characteristics of its site and location”. Clause 25 of SEPP 5 sets out design principles to which the proposed development must pay “adequate regard” as a precondition for the grant of development consent. Two of those principles are relevant to this issue. They are:
25(b) Visual and acoustic privacy: The proposed development should, where practicable, consider the visual and acoustic privacy of neighbours in the vicinity and residents by:
(i) appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, …
(h) Visual bulk: The proposed development should, where practicable, maintain reasonable neighbour amenity and appropriate residential character by:
(b) using building form and siting that relates to the site’s land form; …(a) providing building setbacks that progressively increase as wall heights increase to reduce bulk and overshadowing; and
25. The issue of incompatibility with the character and the site and location and the question of consequent impacts also arises for consideration under s 79C(1)(c) of the Environmental Planning and Assessment Act 1979, which requires the Court to take into consideration “the likely impacts of that development, including environmental impacts, on both the natural and built environments, and social and economic impacts in the locality”.
26. The particular elements of the design of the proposed development which gives rise to this issue concerns the three apartment buildings. They are two storeys in height, and are intended to be located in close proximity to the common boundaries and in close proximity to each other. For example, the setback from the common boundary is as narrow as 2 m in parts of the site, and in other parts it is only 3 m or 4 m. The design is such that units 6, 7, 8, 9 and 10 (located at the second storey level) would directly overlook private open spaces and recreation facilities at No 281, No 1 Flinders and No 2 Flinders. Mr R J McIntosh, the owner of No 281, observed that the upper storey of unit 6 would overlook the rear part of his house and the backyard area, including the swimming pool and terrace. Mr B E Hacker, the owner of No 1 Flinders, made a similar observation about the impact upon the recreation area and swimming pool of his house. A similar impact is likely in relation to No 2 Flinders, and, to a lesser extent, in relation to No 273.
27. The applicant made two proposals for the avoidance of the potential impacts upon visual privacy and bulk and scale. The principal proposal was for screen landscaping around the boundaries of the site by the provision of dense vegetation. That would take the form of evergreen species with a height at installation of approximately 4.5 m, so as to create an “instant forest”. The applicant indicated that it would abide by a condition of consent which bound it to ensure that the location and canopy spread of the species were “acceptable to the neighbours”.
28. The second proposal was for the installation of lattice screens and planter box vegetation on the balconies of units 6, 7, 8 and 9.
29. The applicant’s proposal for dense vegetation screening raised the question of whether it was possible, given the characteristics of the site, to plant sufficient vegetation to achieve the screening objective. Mr R J S Wallman, a landscape architect who gave evidence for the applicant, considered that the proposed perimeter planting could easily be achieved because there was sufficient space and depth of soil. He did not expect that there would be any adverse impact from overhanging canopies. The existing vegetation already overhangs to some degree, and trees could be pruned to avoid interference with roofs and swimming pools.
30. Another concern regarding the applicant’s proposal for dense vegetation screening was the impact upon the internal amenity of the units themselves. At the ground level, the areas between the apartment buildings and the common boundaries are intended to serve as courtyards for the adjoining units. The possible consequence of the proposed planting might be to restrict the use of those courtyards, and the density of the planting might have an impact upon sunlight in those courtyards and perhaps in the internal rooms of the ground level apartments. In giving oral evidence, both Mr D N B Snashall, a consultant town planner who gave evidence for the council, and Mr G M Pickworth, an architect who gave evidence for the applicant, recognised this consequence. However, no direct evidence was adduced by either party about the nature or extent of the overshadowing upon the courtyards and internal rooms arising from dense planting and in particular about whether any impact of this nature was likely to be unacceptable. Both of those experts and Ms M D Laidlaw (who is the applicant’s consultant town planner) gave evidence about the leafy nature of the locality of the site, and it is to be expected that any landscaping of the proposed development designed to fit the character of the locality in this regard would have some overshadowing impact upon the courtyards and the internal rooms of some of the units. I do not regard this consequence as outweighing the benefits of dense perimeter landscaping or constituting of itself a ground for refusal of consent.
31. No expert seemed to doubt that dense perimeter landscaping would mitigate the impact of the proposed development upon the visual privacy of the neighbours and, indeed, in giving oral evidence, both Mrs M F O’Mahoney, who lives at No 273, and Mr Hacker, who lives at No 1 Flinders, acknowledged that “instant” dense vegetation would be helpful in lessening the visual impact. Nevertheless, Mr Snashall’s opinion was that the perimeter landscaping proposal was a “band-aid” solution to the problems of visual impact. But Mr Pickworth said that an appropriate development for this site would retain “encompassing trees” , and he also said that “[l]andscaping is the dominant feature of the existing environment consequently the development should be assimilated into the environment satisfactorily”. Ms Laidlaw agreed with this opinion, and said, in giving oral evidence, that the result of the perimeter planting would be similar to that which now exists upon the site.
32. There is also an issue of bulk and scale. That arises in connection with the three apartment buildings, because the detached houses do not share a potential for unacceptable impact of bulk and scale. Mr Snashall considered that the visual bulk of the three apartment buildings would “dominate the western skyline from Flinders Avenue” but Ms Laidlaw’s evidence was that the proposed development will be “reasonably complementary” to the surrounding development. She noted that the existing and proposed landscaping would provide visual separation for the apartment buildings, and that “this, together with the variable setback, will mean that they will not read as a single, larger mass”. In her opinion, one building having the appearance of a large, detached residence, will present to each of the northern and southern boundaries. The variable setbacks and multiple roof forms will compensate for the fact that the second storeys will not be stepped further back from the boundaries than the ground floors, as is required under cl 25(h)(a) of SEPP 5.
33. There seems to me to be no doubt that the proposed perimeter landscaping will have a mitigating effect upon bulk and scale. It will reduce the impression of built form to acceptable levels, taking into account that SEPP 5 permits medium density development upon the site, and that type of development will inevitably have the effect of creating more built form than was previously in existence.
34. A related but somewhat different issue which I should note at this point is the floorspace ratio of the proposed development. Clause 14(b)(i) of SEPP 5 provides that development consent shall not be refused on the ground of density and scale if the floorspace ratio is 0.5:1 or less. Each party presented different calculations for the floorspace ratio of the proposed development - Mr Snashall said it was 0.57:1, whilst Mr Pickworth said it was 0.5016:1. Density and scale could on the face of it, therefore, be a ground for refusal of consent in this case since, whatever calculation is accepted, the floorspace ratio exceeds the benchmark of 0.5:1. However, the degree of exceedence is so minor that, of itself, the floorspace ratio of the proposed development could not constitute a ground for refusal of consent.
35. Acoustic privacy was not an issue which loomed large in this appeal. Ms Laidlaw’s evidence was that SEPP 5 developments are not normally considered to be significant noise generators. As regards the proposed development, there is to be no major communal recreation facility, and areas adjacent to the boundaries of the site are private in nature. Traffic noise will be mitigated by the underground carparking and partly by the underground access handle. In any event, the applicant did not object to the imposition of a condition of consent requiring noise attenuation measures to be provided.
36. Considering all the evidence on this issue, I have come to the conclusion that the design of the proposed development is not poor, and that it will reasonably complement the character of the locality and the site, bearing in mind that the proposed development constitutes medium density development in an area where such development is normally prohibited. I accept that the landscaping proposals will mitigate potential impacts on visual privacy and bulk and scale, and, on balance, there is no justification on this ground for the refusal of consent.
Access
37. The question of access arises in two ways - first, does the proposed development provide reasonable access for residents to shops, banks and other retail and commercial facilities, and, secondly, does the proposed development provide reasonable wheelchair access within the site? These questions are encompassed by issues 2(b), 3 and 4.
38. Reasonable access to shops, banks etc is a requirement of cl 12(1) of SEPP 5. There was some conflicting evidence on the precise distance from the site to shops, banks etc. Ms J Manion, a social planner who gave evidence for the applicant, estimated that the distance was 550 m to the St Ives Shopping Centre (which provides a full range of shops and services), whilst Mr Snashall estimated that the distance was 800 m to that Centre, although it is about 500 m to some neighbourhood shops at Stanley Street. Whatever estimate is accepted as being accurate, there is no doubt that it is more than the distance of 400 m, which is prescribed as a guideline by the Department of Urban Affairs and Planning in its “SEPP 5 Guidelines”. There is also no doubt, as Mr Snashall pointed out, that access to either the St Ives Shopping Centre or the neighbourhood shops requires the crossing of major roads such as Mona Vale Road, Killeaton Street and Link Road. But I accept Ms Manion’s opinion that the access for residents to shops, banks etc is reasonable despite the length of distance, taking into account the reasonably flat grade of Mona Vale Road and the provision of lights and zebra crossings at appropriate intersections.
39. A related issue is whether, as cl 12(1)(d) requires, there is reasonable access to transport. There are two bus services. One, which is operated by Shorelink and is numbered 582, provides a service between St Ives and Gordon railway station, and another, operated by Forest Coach Lines and numbered 196, provides a service to Pymble railway station. Ms Manion considered that bus stops for these services were within 200 m of the site, but Mr Snashall pointed out that the nearest bus stop for the 582 service going to St Ives Shopping Centre was 500 m away, and that, although bus stops for the 196 service were in the vicinity of the site, a resident returning from the Centre would be required to walk back from the bus stop some 500 m to reach a pedestrian crossing over Mona Vale Road. Once again, however, I accept Ms Manion’s opinion that access to transport for the residents is reasonable, taking into account the grade of Mona Vale Road and appropriate crossings.
40. There were two aspects of internal wheelchair access which caused Mr Snashall some concern. He pointed out that, although the proposed development will comply with cl 13(a)(i) in that all the dwellings have wheelchair access to a public road or an internal road or driveway, that access relies upon the two lifts, which might result in inconvenience in the case of mechanical breakdown. He conceded in cross examination that this was not a major issue, and I place no weight upon it.
41. The second aspect related to distance. Mr Snashall pointed out that it will be a long journey for a disabled person in one of the units to reach Mona Vale Road, or even to reach the mailboxes which are to be located at the front of the site. He estimated that the nearest dwelling will be about 60 m from Mona Vale Road, and the furthest dwelling will be about 120 m from that road. However, in giving oral evidence, Ms Manion said that the lifts and ramps which are to be provided for access within the site will allow for independent wheelchair access and the distance will present no difficulty for a person in a wheelchair. I accept Ms Manion’s evidence.
Issues raised by objectors
42. Neighbouring residents are concerned that the proposed development will have an unacceptable impact upon their general amenity because it constitutes 15 dwellings upon a site which presently contains only two houses and it is accordingly out of kilter with the neighbourhood. There is no doubt that the proposed development will be different to that which now exists both on the site and in the locality. But SEPP 5 contemplates exactly that result because it permits medium density development in areas in which it would otherwise be prohibited. The key consideration, therefore, is not whether the proposed development will be different from that which exists but whether, accepting that it constitutes medium density development, its specific impacts are so adverse as to be unacceptable.
43. In considering the appeal from that perspective, I have dealt with some of the issues raised by objectors, such as privacy, overshadowing, noise and landscaping. There are, however, three other issues which were raised by objectors which require the imposition of conditions of consent in order to avoid unacceptable impact.
44. The first of these, which is also issue 6 above, concerns the impact of the proposed removal of the cypress pines along the access handle to the site. Mr I F Wyatt, who lives at No 275, was concerned in particular that the removal of those trees would be detrimental to the 20 camellias and other shrubs planted along the common boundary. He explained that the camellias had grown in the shade of the cypress pines, and the absence of that shade might affect the health of the camellias. He was also concerned that excavation for the driveway to the site might interfere with the roots of the camellias. The applicant filed a report from Mr B A Lydon, a qualified arborist, which dealt with these matters. His opinion was that sunlight would be of long term benefit to the camellias and other plants on the common boundary, and that these trees would cope with minor root loss from cutting during excavation. In this connection, the proposed conditions of consent contain a requirement for cutting and treatment of severed roots by a qualified arborist or horticulturist, and it is appropriate to amend the draft condition to this effect so that it encompasses the roots of any trees located on adjoining properties which might be severed during excavation.
45. The second issue was raised by Mr McIntosh when giving oral evidence. He was concerned about the possible impact upon No 281 from building excavation during construction of the proposed development. Four conditions of consent (numbered 62, 92, and in sch B, 78D and 78F) are directed to this possibility, and require the applicant to ensure that excavation and backfilling is carried out in a safe and workmanlike manner with proper guarding and in accordance with professional standards. In particular, condition 78F casts an obligation upon the applicant to support any building on adjoining land so as to protect it from damage. (The applicant objected to condition 92 on the basis that it merely restated the law, but I do not consider it appropriate to delete it).
46. The third issue was also raised by Mr McIntosh, and concerned the impact of dust during construction. The applicant agreed to be bound by a condition that it would at its own cost supply and install airconditioning units in the bedrooms of No 281, and that it would implement dust control measures to the satisfaction of the council.
Conditions of consent
47. In accordance with the rules of the Court, the council filed a draft of conditions it would impose if the Court was minded to grant development consent. I make the following comments in relation to those conditions:
(1) I have incorporated in condition 27 the applicant’s undertaking to install a perimeter fence to the specifications of Mr Wyatt, the owner of No 275;
(2) I have deleted condition 38 and incorporated it and the applicant’s condition C, concerning adaptable units, into condition 40, and deleted condition 125 as a consequence;
(3) Condition 42 required the garbage store to be relocated away from the stairwell. The plans show that this has been done, and condition 123 provides for garbage disposal. I have therefore deleted condition 42;
(4) I have redrafted conditions 43 and 44 to incorporate provisions relating to privacy screens on the balconies of units 6, 7, 8, 9 and 10, and this revision takes in condition A and condition B of the applicant’s draft conditions, and a further agreed condition;
(5) Condition 46 requires the applicant to provide a “no U-turn” sign on Mona Vale Road at Garrick Road. The applicant objected to the condition in this form - it agrees to meet the costs of such a sign, but not itself to install it. I have amended the draft condition accordingly;
(6) I have incorporated the applicant’s condition D and condition E, concerning air conditioning at No 281 and dust control measures, into condition 48;
(7) I have incorporated the applicant’s condition G and condition H, concerning landscaping, into condition 104;
(8) I have amended condition 114, concerning the protection of severed tree roots, so that it applies to the roots of trees on adjoining properties.
(9) I have made other minor changes for consistency, clarity and to correct typographical errors.
Orders
48. In accordance with the foregoing, I make the following formal orders:
(1) The appeal is upheld.
(2) Development application No 1543/99 for the construction at No 277 and No 277A Mona Vale Road, St Ives, of five dwellings and three apartment buildings pursuant to State Environmental Planning Policy No 5 - Housing for Older People and People with a Disability is determined by the grant of development consent subject to the conditions specified in the attachment marked “A”;
(3) The exhibits, except exhibits 1 and 16, may be returned.
49. I make no order as to costs.
Annexure “A”
Conditions of Consent
The Winter Group Pty Ltd v Ku-ring-gai Municipal Council
Property: No 277 and No 277A Mona Vale Road, St Ives
1. The development to generally comply in all respects with Development Application No 1543/99 and plans prepared by The Winter Group, 9923 DA0 - Rev D, DA1 - Rev H, DA2 - Rev D, DA3 - Rev G, DA4 - Rev E, DA5 - Rev E, DA6 - Rev F DA8 - Rev B, DA9 - Rev B, DA10 - Rev C, 99098 DA1 - Rev E, 9804 DA7 - Rev E and Landscape Concept Plan 99098 DA1 - Rev E, except where amended by the following conditions of consent.
ADMINISTRATION
2. Compliance with the conditions in the attached Schedule B which are prescribed by the Environmental Planning and Assessment Regulation 1994.
3. You are required to advise Council of the appointment of the Principal Certifying Authority prior to the commencement of any works on the site.
4. Pursuant to the provisions of the Environmental Planning and Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two years after the date of approval.
5. The $20 fee for the Sydney Water Approval Process is to be paid to the Council prior to the issue of the Construction Certificate. Council will assess the proposal to ensure that the proposed structure meets the Corporation's By-Laws and shall stamp the plans according to those requirements. The terms of the stamps applied to the plans are to be complied with.
a. Where a Sewer Location Form is to be completed this form shall be completed and returned to the Council prior to the issue of the Construction Certificate.
b. Where an Indemnity form is to be completed this form shall be completed and returned to Council prior to the issue of the Construction Certificate.
Alternatively, where the applicant proposes to pay the fee direct to the Sydney Water and to deal with that authority, prior to the commencement of any work, the plans accompanying the Construction Certificate are to be submitted to the Sydney Water Corporation to ensure that the proposed structure meets that Authority’s By-Laws. Failure to submit the plans before commencing work will render the owner liable to a penalty and may result in the demolition of work.
6. The Sewer Service Inspection Fee (SSI Fee) calculated in accordance with the schedule adopted by Sydney Water Corporation be paid to the Council prior to the issue of a Construction Certificate. This condition does not apply if the applicant proposes to pay those fees direct to the Sydney Water Corporation.
7. The Long Service Levy (fee of $5000) payable 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 Development Consent.
8. The Archiving Fee (fee of $75) calculated in accordance with the Council’s adopted schedule of Fees and Charges is to be paid to the Council before the issue of a Construction Certificate for this development.
9. The works set forth in the plans and specifications and approved under this consent, once commenced, shall be completed within two years from the date of commencement.
10. 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.
11. The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried without a Road Opening Permit being obtained from the Council (upon payment of the required fee) beforehand.
12. 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 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 $5,000 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 less than $5,000, 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).
13. The Infrastructure Restorations Fee calculated in accordance with the Council’s adopted schedule of Fees and Charges is to be paid to the Council before the issue of a Construction Certificate for this development. 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 issue 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.
SPECIAL
14. A Compliance Certificate pursuant to Section 73 of the Water Board (Corporation) Act 1994, as evidence of compliance with the provisions of Division 9 of that Act, to be obtained from Sydney Water prior to the commencement of any work on the site.
15. 32 car spaces (including 2 visitor spaces are to be maintained on site at all times).
16. Visitor space No 1 to be a minimum of 3.1 metres wide.
17. Visitor space No 2 to be a minimum of 2.7 metres wide.
18. The garage is to provide a minimum clear height of 2.44 metres within the area accessed by the garbage truck. Ceiling heights are to be maintained as shown on the current plans.
19. Access to garage No 5 is to be redesigned to allow a vehicle to reverse out and turn.
20. Letter boxes must be provided in accordance with the requirements of Australia Post.
21. Master TV antennas are to be provided to avoid having many individual antennas. The master antenna should be located in the centre of the site to reduce visibility from surrounding properties. Alternatively, location within the roof space should be considered.
22. On site power must be underground and satisfy the requirements of Energy Australia.
23. Unit/dwelling numbers must be clearly displayed and visible for emergency vehicles and visitors.
24. Each dwelling must have a child proof storage place for poisons or other dangerous substances.
25. Walls and fences within the development are to be in accord with Council’s Development Control Code 1/99.
26. The development is to provide night lighting along all driveways and footpaths throughout the site such that the full length of travel paths are illuminated. Lighting is to be shielded so that neighbouring residences are not adversely affected.
27. a. A perimeter fence will be installed on the boundary between the site and No 275 Mona Vale Road along the whole of the entrance driveway to the following specifications:
i. 1.8 metres high;
ii. lapped and capped;
iii. 25 mm thick first quality North Coast hardwood palings stained dull grey;
iv. posts to be dipped in creosote and set in concrete.
b. all other perimeter fencing is to be the subject of negotiation with adjoining property owners; and
c. metal fences are not permitted.
28. A “waiting seat” is to be installed in a suitable location near the front boundary. It should be sheltered by a native, evergreen tree.
29. Throughout the development it is necessary to utilise non-slip materials. Surfaces which will be slippery when wet are not permitted. Loose material such as gravel or sand should be avoided near footpaths.
30. Security flyscreen doors should be provided to the main entry door.
31. Locate TV antenna outlets on interior walls (away from windows and potential glare problems) in positions that maximise options for TV location in the living and sleeping areas.
32. Locate telephone sockets so that residents have a choice of places/rooms to put a telephone and its related furniture.
33. For the purpose of health and amenity the building is not to be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.
34. Your attention is directed to the operation of the Commonwealth Disability Discrimination Act 1992, which may impose greater obligations on providing access to disabled persons other than compliance with the Building Code of Australia. You are advised to seek advice from the Human Rights and Equal Opportunity Commission (phone (02) 9284 9600) in respect of your application.
35. No mobile outdoor surveillance systems shall be installed without prior approval of Council.
36. External paved access for vehicles and pedestrians being provided with material which will provide some contrast to the finish of the pavement and to the satisfaction of the Principal Certifying Authority.
37. The passing bay in the driveway shall be lengthened to 10 metres so as to accommodate delivery vehicles.
38. Deleted.
39. The submission of Thermal Assessment reports for each unit within the development in accord with Council’s Energy Efficient Housing Policy for approval by the Principal Certifying Authority prior to the issue of a Construction Certificate.
40. a. The proposed development is to be compliant with both AS 1428 (Design for Access and Mobility) and AS 4299 (Adaptable Housing).
b. The applicant shall construct units 3, 4, 7, 8 and 9 so as to be adaptable units within the meaning of Australian Standard 4299 and are of such units shall provide wheelchair disabled access.
41. All dwellings to be serviced by a 24 hour a day monitored emergency system
Or
All dwellings to be built too easily accommodate the installation of a 24 – hour-day monitored emergency call system if required by the resident.
42. Deleted.
43. Privacy screens (being lattice or similar shielding devices to a height of not less than 1.4 metres) shall be fitted as set out below to the satisfaction of Council’s Director Environmental and Regulatory Services and the Principal Certifying Authority:
a. To the northern elevation of the balcony to unit 6;
b. To the northern and eastern elevations of the balconies to units 7 and 8 (with the exception of the balcony to bedroom 1 unit 8);
c. To the eastern elevation of the balcony to unit 9;
d. To the western elevation of the balcony to unit 10.
Details shall be submitted prior to the issue of a Construction Certificate.
44. Planter boxes 1200 mm wide shall be provided to the balconies to units 6, 7 and 9 to the satisfaction of Council’s Director Environmental and Regulatory Services and the Principal Certifying Authority. Details shall be submitted prior to the issue of a Construction Certificate.
45. All vehicles must enter and exit the site in a forward direction and be wholly within the site before being required to stop.
46. The applicant shall pay the cost of but shall not itself be required either to install a “No U-turn” sign facing northbound traffic on Mona Vale Road at Garrick Road or to obtain any necessary approvals for that purpose from any relevant authorities.
47. Noise attenuation measures in accordance with the Environment Protection Authority are to be provided. Details are to be submitted and approved prior to the release of the Construction Certificate.
CONSTRUCTION
48. a. The works shall be erected in conformity with the approved plans and specifications and in accordance with the conditions of approval set out hereon. Alterations, modification or variations to these plans or specifications requires prior formal approval from Council.
b. The applicant shall prior to the commencement of construction at its cost supply and install air conditioning units to the bedrooms of the property known as 281 Mona Vale Road, St Ives.
c. For the purposes of health and amenity the applicant undertakes to implement dust control measures during construction to the Council’s satisfaction, these measures shall be fully particularised at the date of the issue of the Construction Certificate.
49. 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.
50. 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.
51. 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: 7.00 am to 5.30 pm. Saturdays: 8.00 am 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 rivetting plant.
Whilst work on Saturdays may be performed until 5.30 pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment.
52. For the purpose of residential amenity, Council’s Code for the Control and Regulation of Noise on Building Sites shall be complied with at all times during the course of construction and completion of this building and ancillary works. The attention of the applicant/owner/builder is drawn to the requirements contained within the Code, a copy of which should be obtained from Council’s Department of Development Control.
53. The building works are to be inspected during construction by the Council, an accredited certifier or other suitably qualified person/s (as applicable) and documentary evidence of compliance with the relevant terms of the approval/standards of construction detail in the Building Code of Australia is to be obtained 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 (if pier holes are required to accommodate components of this structure).
c. Any foundation material before the placement of any component of this structure.
d. Trenches and pier holes with reinforcing steel in position but before concrete is poured (if components of this structure).
e. All reinforcement of floors, slabs, columns, beams and stairs (if components of this structure).
f. Any structural components (i.e. timber framework, structural steelwork or the like) before fixing any lining or covering.
g. Wet area damp-proofing and flashing before covering.
h. Any drainage lines including any agricultural subsoil drainage lines (if these are a component of this project) prior to any covering or filling.
i. The completed landscape works in accordance with the approved plans.
j. The completed structure.
The Council’s Fees in respect of the conduct of inspections and the issue of the relevant Compliance Certificate is $60 per each inspection stage as required.
If inspections are to be carried out by Council, 24 hours notice is required by Council’s Department of Development Control, by telephoning Customer Service on 9424 0888 during business hours (8.30 am to 4.30 pm) or by facsimile on 9418 1117.These 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.
- Note: Inspections of work which is found to be defective or not ready attract a reinspection fee of $75. Please cancel bookings which will not be ready for inspection.
54. Any mechanical ventilation installed in a building shall comply with the requirements of Part 3.8.5.0 of the Building Code of Australia Housing Provisions. Documentary evidence of compliance is to be obtained from a suitability qualified person and submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
55. 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.
56. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.
57. For identification purposes the house number 277 and 277A has been allocated to the land and is to be displayed on completion of the building.
58. Unimpeded access is to be provided to the Sydney Electricity metering equipment.
59. To ensure compliance with this determination the building shall be set out by a Registered Surveyor and the Survey Report shall be lodged with the Principal Certifying Authority upon completion of the footings, prior to the external wall construction proceeding above floor level.
60. To ensure compliance with this determination a Registered Surveyor’s Report confirming reduced levels as shown on the approved plans with particular regard to the future finished level of the first floor shall be submitted to the Principal Certifying Authority on completion of that floor.
61. To ensure compliance with this determination the height of the uppermost ceiling level is not to exceed 8.0 metres from existing ground level when measured at any point beneath that ceiling.
62. Where the excavation is to be carried out along the boundary, it is the applicant’s responsibility to ensure the excavation and backfilling shall be carried out in a safe and workmanlike manner. Should the excavation be in excess of 1.5 metres, it shall be properly guarded and protected to prevent it from being dangerous to life or property. Documentary evidence showing method of compliance with the abovementioned requirements are to be submitted to the Principal Certifying Authority prior to the commencement of work.
63. For the purpose of residential amenity the excavation and/or fill is to be contained wholly within the subject allotment.
64. So as to protect the amenity of the adjoining property, all fill associated with the proposal is to be contained by way of the use of dropped edge beams. Engineers details are to be submitted prior to the release of the Construction Certificate.
65. For the purpose of health and amenity, any excavation of shale or rock involving hydraulically operated or compressed air operated rock hammers or other excavation machinery or equipment shall comply with the requirements of Council’s Code for the control and regulation of noise on building sites.
66. Details of all retaining walls, subsoil drainage lines and points of discharge, to prevent the movement of soil to cut and fill sections of the site are to be submitted prior to the commencement of work.
67. For stormwater control the area between any retaining wall and the buildings shall be paved and graded away from the buildings.
68. To ensure compliance with relevant standards, backfilling material behind the retaining wall to comprise hand packed hard core fill.
69. All concealed downpipes are to be constructed of copper or other non-corrosive material.
70. To ensure structural stability engineer’s details (in duplicate), prepared by a qualified practising Structural Engineer, of all structural works are to be submitted prior to the release of the Construction Certificate.
71. To ensure structural stability, all timber members shall comply with the requirements of the National Timber Framing Code.
72. To ensure structural stability no drainage line work or household services shall pass through the new footings (ie sewer, stormwater drainage lines, gullies, electrical, water and gas piping) unless designed or certified by a Practising Structural Engineer. Such certification or design details shall be submitted to the Principal Certifying Authority for approval.
73. For the purpose of health and amenity all areas below finished surface level to be damp-proofed so as to prevent the entry of moisture through walls or floors. Details shall be submitted prior to the release of the Construction Certificate.
74. For the purpose of health and amenity the external walls of the buildings shall be so constructed as to prevent the penetration of moisture to the inner parts of the buildings to the satisfaction of the Principal Certifying Authority.
75. All wet area floors are to be properly graded and drained to a floor waste to prevent the accumulation of water in accordance with Part 3.8.1.3 to 3.8.1.6 of the Building Code of Australia.
76. For the purpose of health and amenity, ceiling height shall comply with Part 3.8.2.2 of the Building Code of Australia.
77. To ensure structural stability, all structural timber members subject to weather exposure shall have a durability class rating of 2 or better in accordance with Australian Standard 1684-1992 (National Timber Framing Code), or be preservative treated in accordance with Australian Standard 1604-1980 (Preservative Treatment for Sawn Timbers, Veneers and Plywood).
78. If any roof pitches are below the recommended minimum set out in S.A.A. Code, the applicant is to submit details of the method of providing watertight roofs prior to the release of the Construction Certificate.
79. External finishes and colours are to be sympathetic and compatible with the surrounding natural environment. Samples of materials/finishes to be submitted to and approved by the Principal Certifying Authority prior to the release of the Construction Certificate.
80. A fully detailed roof layout plan (in duplicate) is to be prepared by a suitably qualified person and submitted prior to the release of the Construction Certificate.
81. So as to dispose of smoke, odours and exhaust gases in a satisfactory manner the ducting from kitchen exhaust hoods and the like shall not terminate in the roof space, but shall be ducted so that the collected air is discharged outside the building.
82. To ensure compliance with the requirements of the Building Code of Australia Housing Provisions natural light and ventilation shall be provided in all rooms by means of windows having an aggregate glass area of not less than one tenth (1/10) of the floor area of the room. Such windows to have an openable size of not less than one twentieth (1/20) of the floor area of the room. Such windows shall face a space open to the sky or court, open verandah or open carport. Details verifying compliance shall be submitted prior to the release of the Construction Certificate.
83. Framed panels or doors enclosing or partially enclosing a shower or bath, and windows above a shower or bath within 1.5 metres of the base of the shower or bath, shall be Grade “A” or “B” safety glazing in accordance with Section 5 of Australian Standard 1288-1989 (Glass in Buildings - Selection and Installation).
All other glass doors, side panels and partitions shall be provided with safety glazing in accordance with Section 5 of Australian Standard 1288-1989 (Glass in Buildings - Selection and Installation). Evidence of compliance being submitted with the application for a Compliance Certificate.
84. 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 125 mm. 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.
85. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions:
Risers: Maximum 190 mm Minimum 115 mm
Going (Treads): Maximum 355 mm Minimum 240 mm
Note: Dimensions must also comply with limitations of two Risers and one Going equalling a maximum 700 mm or minimum 550 mm. The Risers and Goings shall be uniform throughout the length of the stairway.
86. For the purpose of water conservation all water closets installed within the building/addition are to have a maximum 6/3 litre dual flush cistern. This condition does not apply to existing cisterns unless that cistern is being replaced by the works approved under this Consent.
87. For the purpose of water conservation all shower heads are to be fitted with reduced water flow devices giving a flow rate of 12 litres per minute or less.
88. For the purpose of energy efficiency and child safety all new or replaced hot water systems shall deliver hot water to a maximum 50 ° C at the outlet of all sanitary fixtures used for personal hygiene.
89. To awaken sleeping people and to give adequate warning to evacuate the dwelling in the event of a fire 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 prior to the issue of an Occupation Certificate.
90. 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.
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.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.
91. All buildings works are required to be carried out in accordance with the provisions of the Building Code of Australia.
92. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the provisions of Clause 78D of the Environmental Planning and Assessment Regulation, 1994 must be complied with.
93. Prior to commencing any construction works, the following provisions of the Environmental Planning and 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 days prior to the intention of commencing buildings works, in accordance with Section 81A(2)(c) of the Act.
94. The applicant may apply to the Council or an Accredited Certifier for the issuing of a Construction Certificate and to be the Principal Certifying Authority to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.
Council Officers can provide these services and further information can be obtained from Council by telephoning 9424 0888 and requesting Customer Service.
95. The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia and this Consent.
96. To ensure compliance with the Building Code of Australia, details regarding the method of construction for the separating floor and wall is to be submitted with the application for a Construction Certificate. In this regard compliance is required with the Building Code of Australia and Building Code of Australia (Housing Provisions). For this purpose, Council determines the buildings to be:
Class: 10 x Class 3
- 5 x Class 1 (Dwellings)
Basement carpark Class 7
Type of Constructions: Type C
ENGINEERING
97. For storm water control, a design shall be prepared by a suitably qualified person based upon 235mm/hour rainfall intensity for a duration of five minutes (1:50 year storm recurrence) and in accordance with Council's Storm water Management Plan. Details of the design shall be submitted prior to the release of the Construction Certificate.
98. The on-site storm water detention design is to take into consideration the additional flow from both the hard surface areas and also the landscaped areas that are being directed from the Middle Harbour catchment to the Ku-ring-gai Creek catchment and adjust the storage and outflow capacities to ensure the total flow from the site does not exceed the state of natural 1 in 20 year flow from the area.
99. Omitted from draft.
100. For stormwater control, a Stormwater Detention System is to be provided with a maximum outflow and a minimum pondage to council’s satisfaction. An overflow is to be incorporated that will direct any excess flow to the downstream drainage system and subsoil drainage is to be provided from the underside of the sediment control sump to the outlet line or other approved location.
The system is to be cleaned regularly and maintained to the satisfaction of Council.
Note 1: If the applicant wishes to vary the storage and outflow volumes, a detailed analysis must be provided following the guidelines set out in Council’s requirements for on-site detention with full computations accompanying the submission including a flood routing analysis.
Note 3: If a landscaped surface type detention system is used the storage volume required is to be increased by 20%.Note 2: All roof and driveway water is to be intercepted and directed to the on-site storm water detention system. If some areas of driveway are unable to be directed to the detention system an adjustment to the rate of discharge is to be made to attain the required site discharge.
101. Full details of the proposed method of achieving the above requirements for on-site detention and supporting calculations are to be prepared by a Consultant Engineer and submitted prior to the release of the Construction Certificate.
102. Construction of the on-site detention system is to be supervised and upon completion, a Compliance Certificate or documentary evidence prepared by the designing engineer with respect to its compliance with:
a. The soundness of the structure.
b. The adequacy of the outlet control mechanism to achieve the discharge as specified.
c. The capacity of the detention storage as specified.
d. The size of the orifice or pipe control fitted.
e. The maximum depth of storage over the outlet control.
f. The adequate provision of a debris screen.
g. The inclusion of weep holes in the base of the outlet control pit.
h. The provision of an emergency overflow path.
is to be submitted to the Principal Certifying Authority on a standard Certification Form prior to the issue of an Occupation Certificate.
LANDSCAPE
103. A Tree Preservation Order exists within the Ku-ring-gai Council area, to ensure the preservation of the tree canopy and landscape character of the area, whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except exempted species) 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 3.0 metres of a proposed new dwelling, or within the footprint of a proposed new building/structure. Where this application is for a building/structure other than a dwelling then ONLY a tree 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.
104. A plan and specification of the landscape works for the site shall be prepared in accordance with Council's Development Control Plan No 38, Council's Landscape Management Policy and landscape guideline brochures, by a Landscape Architect or qualified Landscape Designer to enhance the amenity of the built environment and protect the Ku-ring-gai landscape character.
The plan must be submitted to the Principal Certifying Authority and be approved by a qualified Landscape Architect or Landscape Designer prior to the release of the Construction Certificate. The landscape works shall be completed prior to issue of the Final Compliance Certificate and maintained in a satisfactory condition at all times.
The Landscape Plan shall include suitable shrub species to achieve required screening between the site and neighbouring residences. Species are to include:
· Camellia sasanqua varieties
· Murraya paniculata
· Photinia glabra rubens
· Syzigium leuhmannii
The Landscape Plan shall include those plants indicated with green markers on the landscape concept plan 99098 DA1 - Rev E (exhibit 16) (but not necessarily restricted in number to those shown) to achieve immediate privacy for neighbours. Species shall be Acmena smithii (Lillypilly) or similar evergreen species, 400 litre container size with an approximate installation height of 4.5 metres. Locations of the trees as well as canopy spreads of the trees are to be acceptable to the neighbours. A landscape maintenance and management schedule is to be included on the Landscape Plan. This schedule is to incorporate automatic irrigation requirements as well as standard maintenance items for the above mentioned trees and the whole landscape works.
105. The landscape plan shall include detail of screen planting along all portions of boundaries that are currently not adequately screened with vegetation.
106. The property shall support a minimum number of 21 trees that will attain 13.0 metres in height on the site, to preserve the tree canopy of Ku-ring-gai, in accordance with Council’s policy of Tree Retention/Replenishment on Residential Allotments adopted 26 April 1988. The existing trees to be retained and proposed trees to be planted shall be submitted to and approved by a qualified Landscape Architect or Landscape Designer prior to issue of Final Compliance Certificate.
107. All trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
108. The Construction Certificate shall not be issued until the area beneath the canopies of the following trees (excluding that area of the proposed houses A and E) shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fences shall be maintained intact until the completion of all work on site:
Tree/Location Radius From Trunk
Two Eucalyptus saligna (Sydney Blue Gum) 10.0 metres
One Magnolia grandiflora (Bull-bay Magnolia) 4.0 metres
Six Syzygium oleosum (Blue Cherry) 4.0 metresFour Melaleuca quinquenervia (Broad Leaved Paperbark) 4.0 metres
109. The Construction Certificate shall not be issued until the area beneath the canopies of the following shrubs are fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fences shall be maintained intact until the completion of all work on site.
All site boundary shrub plantings 2.0 metresTree/Location Radius From Trunk
110. The fences referred to in condition 108 and condition 109 shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum height of 1.5 metres.
111. Upon completion of the installation of the required tree protection measures you are required to contact Council on telephone 9424 0888 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, Council will issue the Construction Certificate within 24 hours of the inspection. Alternatively, documentary evidence from a qualified Arborist/Horticulturist that tree protection measures have been installed correctly shall be submitted to the Principal Certifying Authority prior to the release of the Construction Certificate.
112. The applicant shall ensure that no underground services (ie water, sewerage, drainage and gas) shall be laid beneath the canopy of any tree located on the allotment and protected under Council’s Tree Preservation Order unless documentary evidence from a suitably qualified Arborist indicates the method of construction will not harm the tree. The routes of these services are to be shown on the plans submitted with the Construction Certificate. A copy of the evidence of compliance to the satisfaction of the Principle Certifying Authority is to be submitted to Council with the Final Certificate of Compliance.
113. 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:
Two Eucalyptus saligna (Sydney Blue Gum)/Site’s north western cornerTree/Location
114. Tree roots between 10 mm and 50 mm diameter whether located on the site or on any adjoining property, severed during excavation shall, be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent, by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.
115. The trees to be retained shall be inspected, monitored and treated when necessary by a qualified Arborist before, during and after completion of development works to ensure their long term survival. Regular reports from the Arborist to the Council’s Landscape Architect - Development shall be required at four weekly intervals.
116. The following noxious and/or undesirable plant species shall be removed from the property prior to completion of the proposed building works. Documentary evidence of compliance with this condition shall be prepared by a qualified horticulturist and submitted to the Principal Certifying Authority prior to the release of the Final Compliance Certificate:
Plant Species
Acer negundo (Box Elder)
Araujia hortorum (Moth Vine)
Asparagus densiflorus (Asparagus Fern)
Chlorophytum comosum (Spider Plant)
Cinnamomum camphora (Camphor laurel)
Hedera helix (English Ivy)
Impatiens balsamina (Impatiens)
Impatiens balsamina (Impatiens)
Jasminum polyanthum (Jasminum)
Ligustrum lucidum (Large-leaved Privet)
Ligustrum sinense (Small-leaved Privet)
Lonicera japonica (Honeysuckle)
Nephrolepis cordifolia (Fishbone fern
Ochna serrulata (Ochna)
Sida rhombifolia (Paddy's Lucern)
Toxicodendron succedaneum (Rhus Tree)
117. On completion of construction work tree protection measures shall be removed.
118. All builders’ refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
119. On completion of the landscape works including tree and screen planting, a suitably qualified Landscape Architect or 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 release of the Final Compliance Certificate.
POLLUTION AND ENVIRONMENT
120. To preserve and enhance the natural environment, the downslope side of the proposed construction area of the site is to be enclosed with a suitable erosion control barrier (eg straw bales or geofabric fence) along contour before any other work on the site commences. Details being submitted prior to the release of the Construction Certificate.
121. To preserve and enhance the natural environment, all soil erosion and sediment control structures shall be inspected following each storm event and any necessary maintenance work shall be undertaken to ensure their continued proper operation. Sediment shall be removed from the soil erosion and sediment control structures when no more than forty percent (40%) capacity has been reached. These structures shall continue in proper operation until all development activities have been completed and the site fully stabilised.
122. The provision of a Waste Management Plan In accordance with Council’s Development Control Plan No. 40 and Policy for Construction and Demolition Waste Management. Such to be approved by the Principal Certifying Authority prior to the commencement of work.
GARBAGE DISPOSAL
123. A garbage collection area shall be provided in accordance with the guidelines contained in Council's Development Control Plan No 40 and Policy for Construction and Demolition Waste Management to the satisfaction of the Director Environmental and Regulatory Services prior to the issue of a Construction Certificate.
SEPP 5
124. The creation of a Restriction as to use of land under Section 88E of the Conveyancing Act 1919, restricting the occupation of the premises to:
a. Older people or people who have a disability;
b. People who live with older people or people who have a disability;
c. Staff employed to assist in the administration of and provision of services to housing provided in this development.
125. Deleted.
126. The development is to remain as Housing for Older People or People with a Disability with the meaning of State Environmental Planning Policy No 5 at all times.
127. To enable the “ageing in place” philosophy to be achieved in Ku-ring-gai:
a. Prior to the commencement of construction, documentary evidence is to be provided to Council's satisfaction, of an agreement with suitably qualified service provider/s for the provision of the following services if and when required by any of the residents of the development:
· Personal care, including bathing and dressing;
· Housekeeping, including cleaning and laundry;
· Home delivered meals; and
· 24 hour a day monitored emergency call system.
b. The documentary evidence is to include the following details:
· Proposed cost to residents of each of the services listed in (a) above; and
· Proposed means of altering the cost to residents of these services. This may include: linking costs to the Consumer Price Index or a proportion of the Aged Pension; or by selecting a new service provider.
c. Promotional material shall include details of the services available to residents of the development and their cost.
d. Prior to occupation by any residents a comprehensive residents’ manual is to be provided to all residents which includes information of relevance to them, such as doctors, churches and other community services and facilities.
DEMOLITION
128. A separate application shall be lodged for the demolition of the existing buildings on the site.
78A Compliance with Building Code of Australia
1. All building work must be carried out in accordance with the provisions of the Building Code of Australia .
2. This clause does not apply to the extent to which an exemption is in force under clause 80H or 80I, subject to the terms of any condition or requirement referred to in clause 80H(6) or 80I(4).
78B Change of building use
1. A building in respect of which there is a change of building use must comply with the Category 1 fire safety provisions applicable to the proposed new use.
Note: The obligation under this subclause to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in the relevant development consent.
2. This clause does not apply to the extent to which an exemption is in force under clause 80H or 80I, subject to the terms of any condition or requirement referred to in clause 80H(6) or 80I(4).
3. In this clause, Category 1 fire safety provision has the same meaning as it has in Part 7B.
78C Residential building work
1. Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:
a. in the case of work to be done by a licensee under that Act:
i. has been informed in writing of the licensee's name and contractor licence number, and
ii. is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or
b. in the case of work to be done by any other person:
i. has been informed in writing of the person's name and owner-builder permit number, or
ii. has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act,
Note: The amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989 . As at the date on which this Regulation was Gazetted, that amount was $3,000. As those regulations are amended from time to time, so that amount may vary.and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.
2. A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.
78D Excavations and backfilling
1. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.
2. 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.
78E Retaining walls and drainage
If the soil conditions require it:
a. retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and
b. adequate provision must be made for drainage.
78F Support for neighbouring buildings
1. 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.
2. 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.
3. In this clause, allotment of land includes a public road and any other public place.
78G Protection of public places
1. If the work involved in the erection or demolition of a building:
a. is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
b. building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.
2. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
3. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
4. Any such hoarding, fence or awning is to be removed when the work has been completed.
78H Signs to be erected on building and demolition sites
1. 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.
2. Any such sign is to be removed when the work has been completed.
3. This clause does not apply to:
a. building work carried out inside an existing building, or
b. building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
78I Toilet facilities
1. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
2. Each toilet provided:
a. must be standard flushing toilet, and
b. must be connected:
i. to a public sewer, or
ii. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or
iii. if connection to a public sewer on an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.
3. The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.
4. In this clause:
accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation.
approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.
sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.
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