Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 17 July 2012 AT 7.00pm

Level 3 Council Chambers

Agenda

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NOTE: For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

APOLOGIEs

DECLARATIONS OF INTEREST

Confirmation of Reports to be Considered in Closed Meeting

Address the Council

NOTE: Persons who address the Council should be aware that their address will be tape recorded.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 26 June 2012

Minutes numbered 163 to 187

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 12 June 2012

RAF Bomber Command Memorial - Letter of Appreciation - Correspondence tabled by Councillor Tony Hall

That it be noted that Councillor Tony Hall tabled a letter of appreciation from Mr Keith Campbell of Wahroonga regarding Council's donation to assist Bomber Command Veterans to attend the dedication of the Bomber Command Memorial in London on 28 June 2012.

minutes from the Mayor

Petitions

Recommendations from Committee

RC.1 Minutes of Ku-ring-gai Traffic Committee

File: CY00022/4

Meeting held 24 May 2012

Minutes numbered KTC1 to KTC2.

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 Amendment to Council Meeting Schedule for 2012

File: S02355

To propose an amendment to Council’s adopted meeting cycle for 2012 to cancel the proposed Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012.

Recommendation:

That the Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012 be cancelled and that public notice of the cancellation be placed on Council’s website.

GB.2 Call for Motions - Local Government Association Conference

File: CY00210/4

To consider an invitation from the Local Government and Shires Association (LGSA) to submit motions to the 2012 Local Government Association (LGA) Conference.

Recommendation:

That Councillors consider whether they propose to submit any motions to the conference and supply those to the General Manager by Tuesday, 31 July 2012 who will then provide a further report to Council on Tuesday, 14 August 2012.

GB.3 Setting of Date for the Election of Mayor and Deputy Mayor - 2012/2013

File: S03662

To give consideration to setting the date for the 2012/2013 election of the Mayor and Deputy Mayor.

Recommendation:

A. That the 2012/2013 election of Mayor and Deputy Mayor be held at the Ordinary Meeting of Council on Tuesday, 18 September 2012.

B. That Council consider which Reference and Advisory Committees they wish to hold during the term at the Ordinary Meeting of Council to be held on Tuesday, 9 October 2012.

C. That the 2012/2013 election of Chairpersons and Deputy Chairpersons of Council’s Reference and Advisory Committees, be held at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012.

D. That Council consider the appointment of various Community Committee members/delegates to Council’s Reference and Advisory Committees at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012.

GB.4 Use of Council Resources and Electoral Material in 2012 Local Government Elections

File: S08820

To advise Councillors of a Division of Local Government (DLG) Circular regarding use of Council resources and electoral material in relation to the upcoming 2012 local government elections.

Recommendation:

That the advice from the Division of Local Government on the use of Council resources and electoral material be received and noted.

GB.5 Pymble Playgroup - Lease Renewal for 57 Merrivale Road, Pymble

File: S02531

For Council to consider granting a ten (10) year lease to Playgroup NSW Incorporated (Pymble Playgroup) for the premises located at 57 Merrivale Road, Pymble (the Premises).

Recommendation:

A. That a lease be granted to Playgroup NSW Incorporated (Pymble Playgroup) for 57 Merrivale Road, Pymble for a period of ten (10) years.

B. That the lease be granted on the terms outlined in this report.

C. That Council grant Playgroup NSW Incorporated a concessional waiver of the payment of the legal fees of $1,500 (plus GST)

D. That the granting of the leases are subject to the public notice provisions under section 47 of the Local Government Act 1993 and that Council advertise and publish the said public notices.

E. That the Mayor and the General Manager be authorised to execute and sign all necessary documents.

F. That the Council Seal be affixed to the lease agreement.

GB.6 Community Reference Committee - Minutes of Meeting held 2 May 2012

File: S07621

To advise Council of the minutes of the Community Reference Committee meeting held on 2 May 2012.

Recommendation:

That Council receive and note the Community Reference Committee meeting minutes of
2 May 2012.

GB.7 Carols in the Park - Sponsorship Proposal

File: FY00275/4

To advise Council of a sponsorship request from the Combined Churches to present Carols in the Park.

Recommendation:

A. That Council determine whether to sponsor Carols in the Park for 2012

B. That, should Council support Recommendation A, that Council determine the amount for sponsorship for Carols in the Park 2012. Options include:

$10,000 – the same as prior to 2010

$15,000 – the same as 2010 and 2011

$16,000 – the requested amount for 2012

GB.8 31 - 33 Millewa Avenue & 24 Neringah Avenue, North Wahroonga - Demolition of Existing Structures, Consolidation of Allotments and Construction of a Residential Flat Development for 53 Dwellings, including Basement Car Park and Landscaping

File: DA0626/11

Ward: Wahroonga

Applicant: Mackenzie Architects

Owners John Foster, Michelle Ritchie, Anne Knight, Diana Connelly, Shirley Read, Margaret Davidson

Demolition of existing structures, consolidation of allotments and construction of a residential flat development for 53 dwellings, including basement car park and landscaping.

Recommendation:

A. That the Council, as the consent authority, grant a deferred development consent to DA0626/11, for the demolition of existing structures and construction of a residential flat development for 53 units including basement and ancillary site works, on land at 31 & 33 Millewa Avenue and 24 Neringah Avenue North, Wahroonga, subject to the matters listed in Schedule A being satisfied within 6 months of a date of determination, and subject to conditions in Schedule B for a period of two (2) years from the date of the satisfaction of Schedule A, consistent with the following:

Schedule A: Deferred Commencement - Terms to be satisfied prior to the consent operating.

The following deferred commencement terms must be complied with to the satisfaction of Railcorp and Council within 6 months of the date of this deferred commencement consent, prior to the issue of an operational development consent:

A. Railcorp requirements:

1. The applicant shall prepare and provide to Railcorp for approval/certification the following items:

1. Final geotechnical report that meets Railcorp’s requirements. The geotechnical report must be based on actual borehole testing conducted on the site closest to the rail corridor.

2. Final structural report / drawings that meets the requirements of the final geotechnical report and Railcorp requirements.

3. Final construction methodology with construction details pertaining to structural support during excavation.

4. Final cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail corridor. All measurements are to be verified by a registered surveyor.

5. Detailed survey plan showing the relationship of the proposed development with respect to Railcorp’s land and infrastructure.

6. If required by Railcorp, and FE analysis which assesses the different stages of loading-unloading of the site and its effect on the rock mass surrounding the rail corridor.

Any conditions issued as part of Railcorp’s approval/certification of the above documents with also form part of the consent conditions that the applicant is required to comply with.

B. Approval for relocation of Council pipe and easement

Prior to the operation of the consent, the Applicant shall obtain a resolution from Ku-ring-gai Council as the asset owner that it will consent to the relocation of the existing Council easements for drainage and underground pipe.

A full hydraulic design for the relocation of the pipe is to be prepared in accordance with the requirements of Chapter 9 of Council’s DCP 47 Water Management and submitted to Council with the application and the relevant fees. The design must be suitable for construction.

Details are to be included to confirm the overland flowpath around the building.

Council’s resolution is required for the relocation of the pipe and easement is to be obtained prior to the operation of the consent. Such approval is not guaranteed and conditions may be imposed including monetary incentives to extinguish and relocate easements.

Reason: To protect the environment and Council's assets.

Schedule B: Conditions of development consent

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
SK100(D)	Mackenzie Architects	20.4.2012
SK101(B)	Mackenzie Architects	20.4.2012
SK102(B)	Mackenzie Architects	20.4.2012
SK103(D)	Mackenzie Architects	20.4.2012
SK104(A)	Mackenzie Architects	06.03.2012
SK105(A)	Mackenzie Architects	06.03.2012
SK106(A)	Mackenzie Architects	06.03.2012
SK107(B)	Mackenzie Architects	06.03.2012
SK200(C)	Mackenzie Architects	20.4.2012
SK300(C)	Mackenzie Architects	20.4.2012
SK301(C)	Mackenzie Architects	20.4.2012
LPDA-12-162/1	Conzept Landscape Architects	May 2012
LPDA-12-162/2	Conzept Landscape Architects	May 2012
LPDA-12-162/3	Conzept Landscape Architects	November 2011
LPDA-12-162/4	Conzept Landscape Architects	April 2012
SW11410-S1 Issue C	Alw design	30/05/12
SW11410-S2 Issue C	Alw design	30/05/12

Reason: To ensure that the development is in accordance with the determination.

2. Amendments to approved plans

The development plans shall be amended as follows:

a) Solid balustrades shall be provided to all western facing balconies.

b) The sliding screens as shown on the northern half of the western elevation shall be provided to all balconies along the western elevation.

All plans subject of the Construction Certificate shall be consistent with this requirement.

Reason: To maintain amenity and ensure a high quality development.

3. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

Reason: To ensure that the development is in accordance with the determination.

4. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
LPDA12-162/1 Issue F	Conzept	31/05/12
LPDA12-162/2 Issue E	Conzept	31/05/12
LPDA12-162/3 Issue A	Conzept	23/11/11
LPDA12-162/4 Issue A	Conzept	21/03/12

Reason: To ensure that the development is in accordance with the determination.

Conditions to be satisfied prior to demolition, excavation or construction:

5. Road opening permit

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 Council (upon payment of the required fee) beforehand.

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

6. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

7. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:

Public infrastructure

· Full road pavement width, including kerb and gutter, of Millewa Avenue and Neringah Avenue over the site frontage, including the full intersection.

· All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works commence.

8. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

Address

· 35 Millewa Avenue, Wahroonga

· 8 Woniora Avenue, Wahroonga

· 12 Woniora Avenue, Wahroonga

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

9. Geotechnical report

Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of three cored boreholes to at least 3 metres below the proposed basement level, with installation of standpipes, as recommended in the report by Douglas Partners dated November 2011. The report is to address such matters as:

· appropriate excavation methods and techniques

· vibration management and monitoring

· dilapidation survey

· support and retention of excavated faces

· hydrogeological considerations

The recommendations of the report are to be implemented during the course of the works.

Reason: To ensure the safety and protection of property.

10. Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.

The plan is to consist of a report with Traffic Control Plans attached.

The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with demolition, excavation and construction of the development.

The report is to contain construction vehicle routes for approach and departure to and from all directions. No construction vehicle access to the site is to be via Wahroonga Shopping Village or the railway bridge.

The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.

The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:

o Demolition

o Excavation

o Concrete pour

o Construction of vehicular crossing and reinstatement of footpath

o Traffic control for vehicles reversing into or out of the site.

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.

When a satisfactory CTMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.

Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

11. Work zone

A Works Zone is to be provided in Neringah Avenue North subject to the approval of the Ku-ring-gai Local Traffic Committee.

No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.

In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.

12. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason: To preserve and enhance the natural environment.

13. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason: To preserve and enhance the natural environment.

14. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s 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.

Schedule
Tree/Location	Radius in metres
Tree 1 & 2 – 2 x Camellia sasanqua (Chinese Camellia) / Neringah Ave nature strip	2 metres
Tree 4 – Jacaranda mimosifolia (Jacaranda) / Eastern boundary	4 metres
Tree 5 – Acer palmatum (Japanese Maple) / Eastern boundary	3 metres
Tree 6 – Lagerstroemia indica (Crepe Myrtle) / Eastern boundary	3 metres
Tree 7 – Jacaranda mimosifolia (Jacaranda) / Eastern boundary	4 metres
Tree 20 – Stenocarpus sinuatus (Firewheel Tree) / South western corner	2 metres
Tree 21 – Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress) / Southern boundary	3.5 metres
Tree’s 24, 25 & 26 – 3 x Citharexylum spinosum (Fiddlewood) / Adjoining property no. 35 Millewa Avenue	3 metres, within the subject site only
Tree 33 – Pittosporum undulatum (Sweet Pittosporum) / Western boundary	1.5 metres
Tree 34 – Pittosporum undulatum (Sweet Pittosporum) / Adjoining property no. 35 Millewa Avenue	1.5 metres within the subject site only

Reason: To protect existing trees during the construction phase.

15. Tree protective fencing type galvanised mesh

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

Reason: To protect existing trees during construction phase.

16. Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:

Tree protection zone.

· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted.

· Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report.

· The arborist's report shall provide proof that no other alternative is available.

· The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council.

· The name, address, and telephone number of the developer.

Reason: To protect existing trees during the construction phase.

17. Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.

Reason: To protect existing trees during the construction phase.

18. Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

The management plan shall address, but not be limited to, the following matters:

· identification of the specific activities that will be carried out and associated noise sources

· identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment

· the construction noise objective specified in the conditions of this consent

· the construction vibration criteria specified in the conditions of this consent

· determination of appropriate noise and vibration objectives for each identified sensitive receiver

· noise and vibration monitoring, reporting and response procedures

· assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions

· description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction

· construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

· procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration

· contingency plans to be implemented in the event of non-compliances and/or noise complaints

Reason: To protect the amenity afforded to surrounding residents during the construction process.

19. CCTV report of existing Council pipe system near works

Prior to the commencement of any works on site, qualified practitioners must undertake a closed circuit television inspection and then report on the existing condition of the Council drainage pipeline between the subject property and Woniora Avenue. The report must be provided to Council’s, Development Engineer and is to include a copy of the video footage of the pipeline. A written acknowledgment from Council’s Development Engineer (attesting to this condition being appropriately satisfied) shall be obtained and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

This is for the protection of the proponent so that existing damage or blockage can be identified before works commence.

Reason: To protect Council’s infrastructure.

Conditions to be satisfied prior to the issue of the construction certificate:

20. Lot consolidation

Prior to issue of the Construction Certificate the Applicant must consolidate the existing Torrens lots which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted for approval of the Certifying Authority prior to issue of the Construction Certificate.

Reason: To ensure continuous structures will not be placed across separate titles.

21. Relocation of bicycle parking spaces

Prior to issue of the Construction Certificate the Principal Certifying Authority is to be satisfied that the shared space adjacent to Adaptable Space 4 in Basement 2 is clear and that the bicycle parking has been reconfigured and/or relocated to achieve this.

Reason: Disabled access and amenity

22. Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason: Statutory requirement.

23. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the 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 $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, 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).

Reason: Statutory requirement.

24. Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.

25. Access for people with disabilities (residential)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

26. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [enter unit nos.], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access & amenity.

27. Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on ALW Design SW11410-S1 and S2 both Issue C, dated 30/05012 and must include the following detail:

· exact location and reduced level of discharge point to the public drainage system

· Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders, pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)

· location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided

· specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments

· details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements)

· the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

Reason: To protect the environment.

28. Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

29. Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm –6.00 am) when measured at the boundary of the site.

C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

Reason: To comply with best practice standards for residential acoustic amenity.

30. Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.

Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

31. Driveway grades – basement carparks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

· vehicular access can be obtained using grades of 20% (1 in 5) maximum and

· all changes in grade (transitions) comply with Australian Standard 2890.1 –“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.

The longitudinal sections must incorporate the driveway crossing levels as shown on the plans prepared for Roads Act approval under another condition of this consent.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

32. Basement car parking details

Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:

· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 – 2004 “Off-street car parking”

· a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

· no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

· the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans

Reason: To ensure that parking spaces are in accordance with the approved development.

33. Car parking allocation

Car parking within the development shall be allocated in the following way:

Resident car spaces	54
Visitor spaces	14
Total spaces	68

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

34. Number of bicycle spaces

The basement car park shall be adapted to provide 17 bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason: To provide alternative modes of transport to and from the site.

35. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Neringah Avenue:

· footpath, kerb and gutter/ grass swale and edge strip and road shoulder as shown on the drawings by ACOR Appleyard

· special vehicular crossing as shown on the drawings by ACOR Appleyard – GO120138/OF1 Issue 1 and GO120138/OF2 Issue 1.

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.

A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

Reason: To ensure that the plans are suitable for construction purposes.

36. Ausgrid requirements

Prior to issue of the Construction Certificate, the applicant must contact Ausgrid regarding power supply for the subject development. A written response detailing the full requirements of Ausgrid (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Ausgrid shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Ausgrid. The requirements of Ausgrid must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

37. Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason: To ensure compliance with the requirements of relevant utility providers.

38. Underground services

All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.

Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

39. Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e) In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason: To maintain public infrastructure.

40. Section 94 Development Contributions - Non-Centres

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

Key Community Infrastructure	Amount
Local parks and Local sporting facilities	$466,030.53
Local recreational and cultural, Local social facilities	$79,752.32
TOTAL CONTRIBUTIONS	$545,782.85

The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.

The contributions specified above are as at the March 2012 quarter and are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010. Prior to payment, please contact Council directly to verify the current payable contributions.

Ku-ring-gai Contributions Plan 2010 may be viewed at www.kmc.nsw.gov.au and at the Council Chambers.

Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.

Conditions to be satisfied during the demolition, excavation and construction phases:

41. Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

· The work must be carried out in accordance with the requirements of the Building Code of Australia

· In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.

Reason: Statutory requirement.

42. Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

43. Railcorp conditions:

(a) Prior to the issue of a Construction Certificate the applicant is to engage and Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provide to the Principal Certifying Authority with the application for a Construction Certificate.

(b) Prior to the issue of a Construction Certificate a Risk Assessment/Management plan and detailed Safe Work Method Statement (SWMS) for the proposed works are to be submitted to Railcorp for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Railcorp confirming that this has been satisfied.

(c) The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light must be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Railcorp.

The Principal Certifying Authority is not to issue the Construction Certificate until written conformation has been received from Railcorp confirming that this condition has been satisfied.

(d) Prior to the issuing of a Construction Certificate the applicant is to submit to Railcorp a plan showing all craneage and other aerial operations for the development and must comply with all Railcorp requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Railcorp confirming that this condition has been satisfied.

(e) Prior to the issue of a Construction Certificate the applicant must submit to Council and Railcorp a revised Acoustic Assessment Report prepared by Acoustic Logic incorporating the following items:

· The distance from the proposed dwellings to the nearest track and Millewa Avenue should be stated in the report.

· Description of three principle measurement parameters used is insufficient. Development Near Rail Corridors and Busy Roads – Interim Guideline (DoP 2008) specifies LAeq, 9hr (night) and LAeq, 15hr (day) as the relevant descriptors for airborne rail noise assessment.

· The Acoustic report should be amended to clearly state the rail noise criteria applicable to the development consistent with the guideline.

· It is noted that the attended noise measurement location was on Neringah Avenue North (as shown on Figure 1) which is not the most rail noise exposed location on the proposed site. The report does not describe the measurement location used to determine measured rail noise at the future southern façade as referred to in Table 3.

· Glazing construction, Section 6.1 on Page 10 – The report must describe the required sound insulation ratings together with the relevant installation requirements. Suppliers’ test data/results should be provided to support the claimed sound insulation rating.

· Ventialtion requirements, Section 6 on Page 11 – where windows must be kept closed to meet the internal noise limits, the report should recommend ventilation methods to meet the requirements of the Building Code of Australia and relevant standards.

The Principal Certifying Authority shall not issue a Construction Certificate until it has verified that the recommendations contained in the revised acoustic report have been incorporated in the construction specifications and drawings.

(f) Prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project (especially the retaining wall and track formation) is to be carried out by representatives from Railcorp and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Railcorp.

(g) If required by Railcorp, a track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to Railcorp for review and endorsement prior to the issuing of a Construction Certificate until written confirmation has been received from Railcorp advising of the need to undertake the track monitoring plan, and if required, that it has been endorsed.

44. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

Reason: To ensure that the development is in accordance with the determination.

45. Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure compliance with the Australian Standards.

46. Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

Reason: To ensure reasonable standards of amenity to neighbouring properties.

47. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

· display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

· be durable and weatherproof

· display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

· be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

48. Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

· earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

· all materials shall be stored or stockpiled at the best locations

· the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

· all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

· all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

· gates shall be closed between vehicle movements and shall be fitted with shade cloth

· cleaning of footpaths and roadways shall be carried out daily

Reason: To protect the environment and amenity of surrounding properties.

49. Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:

· compare the post-construction dilapidation report with the pre-construction dilapidation report

· have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of the report is to be forwarded to Council at the completion of the construction works.

Reason: Management of records.

50. Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Douglas Partners dated November 2011 and the additional report submitted prior to commencement of works. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

· further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

· written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason: To ensure the safety and protection of property.

51. Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

· appropriate excavation method and vibration control

· support and retention of excavated faces

· hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Douglas Partners dated November 2011 and the report submitted prior to commencement of works. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason: To ensure the safety and protection of property.

52. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from 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.

Reason: To ensure safety and amenity of the area.

53. Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason: To ensure public safety.

54. Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason: Statutory requirement.

55. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

56. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

57. Construction signage

All construction signs must comply with the following requirements:

· are not to cover any mechanical ventilation inlet or outlet vent

· are not illuminated, self-illuminated or flashing at any time

· are located wholly within a property where construction is being undertaken

· refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken

· are restricted to one such sign per property

· do not exceed 2.5m²

· are removed within 14 days of the completion of all construction works

Reason: To ensure compliance with Council's controls regarding signage.

58. Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason: To ensure the ongoing safety and protection of property.

59. Maintenance period for works in public road

A maintenance period of six (6) months applies to all work in the public road reserve carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.

Reason: To protect public infrastructure.

60. Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any 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 pedestrian circulation is diverted on to the roadway or verge areas, 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 across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason: To ensure safe public footways and roadways during construction.

61. Road repairs necessitated by excavation and construction works

It is highly likely that damage will be caused to the roadway at or near the subject site as a result of the construction (or demolition or excavation) works. The applicant, owner and builder (and demolition or excavation contractor as appropriate) will be held responsible for repair of such damage, regardless of the Infrastructure Restorations Fee paid (this fee is to cover wear and tear on Council's wider road network due to heavy vehicle traffic, not actual major damage).

Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.”

Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.

Reason: To protect public infrastructure.

62. Services

Where required, the adjustment or inclusion of any new 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’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason: Provision of utility services.

63. Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:

· How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road

· That the locations of the rock anchors are registered with Dial Before You Dig

· That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

· That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

· That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason: To ensure the ongoing safety and protection of property.

64. Drainage to street

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system. New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.

Reason: To protect the environment.

65. Sydney Water Section 73 Compliance Certificate

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. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” 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.

Reason: Statutory requirement.

66. Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by a qualified Arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Schedule
Tree/Location	Time of inspection
Tree 1 & 2 – 2 x Camellia sasanqua (Chinese Camellia) / Neringah Ave nature strip	During demolition, earthworks and construction works
Tree 4 – Jacaranda mimosifolia (Jacaranda) / Eastern boundary	During demolition, earthworks and construction works
Tree 5 – Acer palmatum (Japanese Maple) / Eastern boundary	During demolition, earthworks and construction works
Tree 6 – Lagerstroemia indica (Crepe Myrtle) / Eastern boundary	During demolition, earthworks and construction works
Tree 7 – Jacaranda mimosifolia (Jacaranda) / Eastern boundary	During demolition, earthworks and construction works
Tree 20 – Stenocarpus sinuatus (Firewheel Tree) / South western corner	During demolition, earthworks and construction works
Tree 21 – Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress) / Southern boundary	During demolition, earthworks and construction works
Tree’s 24, 25 & 26 – 3 x Citharexylum spinosum (Fiddlewood) / Adjoining property no. 35 Millewa Avenue	During demolition, earthworks and construction works
Tree 33 – Pittosporum undulatum (Sweet Pittosporum) / Western boundary	During demolition, earthworks and construction works
Tree 34 – Pittosporum undulatum (Sweet Pittosporum) / Adjoining property no. 35 Millewa Avenue	During demolition, earthworks and construction works

Reason: To ensure protection of existing trees.

67. Canopy/root pruning

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. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.

Schedule
Tree/Location	Tree works
Tree 33 – Pittosporum undulatum (Sweet Pittosporum) / Western boundary	Root pruning
Tree 34 – Pittosporum undulatum (Sweet Pittosporum) / Adjoining property no. 35 Millewa Avenue	Root pruning

Reason: To protect the environment.

68. Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist with a minimum qualification of Horticulture Certificate or Tree Surgery Certificate. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.

Reason: To protect existing trees.

69. Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Schedule
Tree/Location	Approved tree works
Tree 8 - Picea pungens (Blue Spruce) / South eastern corner	Remove
Tree 9 – Juniperus communis (Common Juniper) / South eastern corner	Remove
Tree 10 – Juniperus communis (Common Juniper) / South eastern corner	Remove
Tree 11 – Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress) / Within the building footprint	Remove
Tree 12 – Magnolia x soulangiana (Magnolia) / Within the building footprint	Remove
Tree 13 – Rhododendron sp. (Broad leaf Rhododendron) / Within the building footprint	Remove
Tree 16 - Juniperus communis (Common Juniper) / Southern boundary	Remove
Tree 22 - Juniperus communis (Common Juniper) / Within the building footprint	Remove
Tree 23 – Dracaena draco (Dragon tree) / Western boundary	Remove
Tree 27 – Pyrus sp. (Pear Tree) / Western boundary	Remove
Tree 28 – Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress) / Within the building footprint	Remove
Tree 29 - Picea pungens (Blue Spruce) / Within the building footprint	Remove
Tree 30 – Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress) / Within the building footprint	Remove
Tree 31 – Syzygium paniculatum (Brush Cherry) / Within the building footprint	Remove
Tree 32 – Pittosporum undulatum (Sweet Pittosporum) / Western boundary	Remove
Tree 37 – Archontophoenix cunninghamiana (Bangalow Palm) / Within the building footprint	Remove
Tree 38 – Archontophoenix cunninghamiana (Bangalow Palm) / Within the building footprint	Remove
Tree 39 – Corymbia citriodora (Lemon Scented Gum) / Within the building footprint	Remove

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.

Reason: To ensure that the development is in accordance with the determination.

70. No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason: To protect existing trees.

71. Removal of refuse

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.

Reason: To protect the environment.

72. Canopy replenishment trees to be planted

The canopy replenishment 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.

Reason: To maintain the treed character of the area.

73. Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

· ascertain the reduced level of the underside of the slab at the driveway entry,

· certify that the level is not lower than the level shown on the approved DA plans; and

· certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

· This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

· No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.

74. On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

· Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

· This information is to be made available at the request of an Authorised Officer of Council.

Reason: To protect the environment.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

75. Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B or 88E of the Conveyancing Act 1919. This is to permit legal access for Council, Council's contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council's draft terms for an easement for waste collection and shall be to the satisfaction of Council's Development Engineer.

Reason: To permit legal access for Council, Council's contractors and their vehicles over the subject site for waste collection.

76. Registration of relocated easement

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that a drainage easement has been registered over the relocated pipe within the subject property.

Reason: To protect Council's assets.

77. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 404868M_04 have been complied with.

Reason: Statutory requirement.

78. Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

1. The installation and performance of the mechanical systems complies with:

· The Building Code of Australia

· Australian Standard AS1668

· Australian Standard AS3666 where applicable

2. The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason: To protect the amenity of surrounding properties.

79. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason: To ensure that the landscape works are consistent with the development consent.

80. Accessibility

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that:

· the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

· the level and direction of travel, both in lifts and lift lobbies, is audible and visible

· the controls for lifts are accessible to all persons and control buttons and lettering are raised

· international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2

· the height of lettering on signage is in accordance with AS 1428.1 – 1993

· the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods

Reason: Disabled access & services.

81. Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

· a copy of the approved Construction Certificate stormwater detention/retention design for the site

· A copy of any works-as-executed drawings required by this consent

· The Engineer’s certification of the as-built system.

Reason: For Council to maintain its database of as-constructed on-site stormwater detention systems.

82. Creation of a floodway restriction

Prior to issue of the Occupation Certificate, the applicant must 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 report by ACOR Appleyard 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 except for those shown on the approved landscape plan. Ku-ring-gai Council is to be named as the Authority whose consent is required to release, vary or modify the restriction.

Reason: To protect the environment.

83. Certification of drainage works (dual occupancies and above)

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

· the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

· retained water is connected and available for use

· basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47

· all grates potentially accessible by children are secured

· components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia

· all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

84. WAE plans for stormwater management and disposal (dual occupancy and above)

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

· as built (reduced) surface and invert levels for all drainage pits

· gradients of drainage lines, materials and dimensions

· as built (reduced) level(s) at the approved point of discharge to the public drainage system

· as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

· the achieved storage volumes of the installed retention and detention storages and derivative calculations

· as built locations of all access pits and grates in the detention and retention system(s), including dimensions

· the size of the orifice or control fitted to any on-site detention system

· dimensions of the discharge control pit and access grates

· the maximum depth of storage possible over the outlet control

· top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason: To protect the environment.

85. Basement pump-out maintenance

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.

Note: A maintenance regime specifying that the system is to be regularly inspected and checked by qualified practitioners is to be prepared by a suitable qualified professional and provided to the Principal Certifying Authority.

Reason: To protect the environment.

86. OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason: To protect the environment.

87. CCTV report of pipe after work

Prior to issue of the Occupation Certificate, a closed circuit television inspection and report on the relocated Council drainage pipeline in Neringah Avenue, traversing the site and through the downstream properties as far as Woniora Avenue is to be undertaken by appropriate contractors and provided to Council’s Development Engineer. The report is to include a copy of the footage of the inside of the pipeline. Any damage that has occurred to the section of the pipeline since the commencement of construction on the site must be repaired in full to the satisfaction of Council’s Development Engineer at no cost to Council.

Reason: To protect the environment.

88. Sydney Water Section 73 Compliance Certificate

Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority

Reason: Statutory requirement.

89. Certification of as-constructed driveway/carpark – RFB

Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

§ the as-constructed car park complies with the approved Construction Certificate plans

§ the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 – 2004 “Off-Street car parking" in terms of minimum parking space dimensions

§ finished driveway gradients and transitions will not result in the scraping of the underside of cars

§ no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

§ the vehicular headroom requirements of:

- Australian Standard 2890.1 – “Off-street car parking”,

- 2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement carpark.

Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.

90. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate and upon completion of all works on site which may cause damage to Council's infrastructure, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

· new concrete driveway crossing in accordance with levels and specifications issued by Council

· removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

· full repair and resealing of any road surface damaged during construction

· full replacement of damaged sections of grass verge to match existing

This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all 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) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason: To protect the streetscape.

91. Construction of works in public road – approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.

GB.9 8A Wattle Street, Killara - Alterations, Additions and a New Pool

File: DA0047/12

Ward: Gordon

Applicant: Mrs Justine Cottle

Owner: Mrs J L Cottle

Alterations, additions and a new pool.

Recommendation:

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

That pursuant to Section 80(1) of the Environmental Planning and Assessment Act 1979, Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to Clause 60(C) Built-upon Area of the Ku-ring-gai Planning Scheme Ordinance is well founded. Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

AND

THAT Council, as the consent authority, grant development consent to DA0047/12 for alterations and additions to the existing dwelling and construction of a new swimming pool on land at 8A Wattle Street, Killara for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with work shown in colour on the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plan no.

Drawn by

Dated

DA-000, DA-02, DA-003, DA-100, DA-101, DA-110,

DA-500, DA-501, DA-502, DA-900, DA-901, DA-902, DA-903, DA-904, DA-905, DA-910 issue C

WMK Architecture

16/04/2012

Landscape plan 111209-01 issue C

Viridian Designs

18/04/2012

Document(s)	Dated
Basix certificate No.A128936-02	20/02/2012

Reason: To ensure that the development is in accordance with the determination.

2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

Reason: To ensure that the development is in accordance with the determination.

3. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
111209-01 issue C	Viridian Designs	18/04/12

Reason: To ensure that the development is in accordance with the determination.

Conditions to be satisfied prior to demolition, excavation or construction:

4. Road opening permit

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

5. Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason: Statutory requirement.

6. Notification of builder’s details

Reason: Statutory requirement.

7. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

Reason: To preserve and enhance the natural environment.

8. Erosion and drainage management

Reason: To preserve and enhance the natural environment.

Conditions to be satisfied prior to the issue of the construction certificate:

9. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

Plan no.	Drawn by	Dated
111209-01 issue C	Viridian Designs	18/04/12

The above landscape plan(s) shall be amended in the following ways:

(a) The x Cupressocyparis leylandii (Leyland Cypress) are to be replaced with more suitable species, such as, Lilly Pilly or Viburnum, Murraya or Spartan Juniper.

(b) In order to ensure the provision of a canopy tree, the Brachychiton acerifolius (Flame tree) shall be replaced with a canopy tree from the Blue Gum High or Sydney Turpentine Ironbark Forest. The tree shall be a species that will attain 13.0 metres in height on the site and shall be planted a minimum distance of 3.5 metres from the dwelling.

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.

Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason: To ensure adequate landscaping of the site

10. Long service levy

Reason: Statutory requirement.

11. Builder’s indemnity insurance

Reason: Statutory requirement.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

12. Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

e) In this condition:

Reason: To maintain public infrastructure.

Conditions to be satisfied during the demolition, excavation and construction phases:

13. Prescribed conditions

· The work must be carried out in accordance with the requirements of the Building Code of Australia

Reason: Statutory requirement.

14. Hours of work

Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

15. Approved plans to be on site

Reason: To ensure that the development is in accordance with the determination.

16. Statement of compliance with Australian Standards

Reason: To ensure compliance with the Australian Standards.

17. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

· display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

· be durable and weatherproof

· be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

18. Dust control