Agenda of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 8 November 2016

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Szatow & D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Urban & Heritage Planning (Antony Fabbro)

Acting Manager Corporate Communications (Sally Williams)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Cr Ossip declared no conflict of interest in respect to item GB.6 Roads Act Application for the purpose of Creating an Eruv in St Ives. Cr Ossip, however, advised that an email, which had been sent to all Councillors, came from an individual who made a financial donation to his campaign four and a half (4.5) years ago, the donation was small in nature and comprised of a very small proportion of the total funds expended during his campaign.

Secondly, Cr Ossip advised he does not live within the boundaries of the eruv, nor does any of his family members or close associates, and they do not stand to benefit should the eruv be approved.

Cr Ossip remained in the Chamber during the debate.

Address the Council

The following member of the public addressed Council on items not on the agenda:

J Harwood 21^st Century Decision Making - Sheldon Forest

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Councillors Information:

GB.3 – Council Meeting Cycle for 2017

Memorandum from Director Corporate dated 8 November 2016 advising a typographical error in Part B. of the Recommendation.

GB.6 – Roads Act Application for the purpose of Creating an Eruv in St Ives

Memorandum from Director Operations dated 8 November 2016 advising a proposed recommendation.

295

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors McDonald/Szatow)

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:

GB.5 Tender T16/2016 - Turramurra Memorial Park Amenities Upgrades

Attachment A1: Tender Assessment and Recommendation Report

In accordance with 10A2(d)(iii)

Attachment A2: Tender Evaluation Panel Summary

In accordance with 10A2(d)(iii)

Attachment A3: Independent Performance & Financial Assessment

In accordance with 10A2(d)(iii)

Attachment A4: Additional financial Assessment

In accordance with 10A2(d)(iii)

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

296

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 25 October 2016

Minutes numbered 280 to 294

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

That Minutes numbered 280 to 294 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

297

Environmental Levy Small Grants Scheme - Round 18

File: S04553/12

Vide: GB.2

To seek Council’s endorsement to fund round eighteen (18) of the Environmental Levy’s Community Small Grants Scheme.

Resolved:

(Moved: Councillors Citer/Pettett)

That Council supports the recommendation of the small grants assessment panel to fund sixteen (16) projects under round eighteen (18) of the Environmental Levy Community Small Grants Scheme, totalling $47,654.

CARRIED UNANIMOUSLY

298

Council Meeting Cycle for 2017

File: CY00438/4

Vide: GB.3

To consider the Council Meeting Cycle for 2017 which takes into account school holidays, public holidays and the Christmas recess.

Resolved:

(Moved: Councillors Citer/Armstrong)

A. That the proposed scheduled meeting cycle for 2017 is as follows:

February	7 February 2017	Ordinary Meeting of Council
	28 February 2017	Ordinary Meeting of Council
March	14 March 2017	Ordinary Meeting of Council
	28 March 2017	Ordinary Meeting of Council
April	4 April 2017	Ordinary Meeting of Council
May	2 May 2017	Ordinary Meeting of Council
	23 May 2017	Ordinary Meeting of Council
June	13 June 2017	Ordinary Meeting of Council
	27 June 2017	Ordinary Meeting of Council
July	18 July 2017	Ordinary Meeting of Council
August	8 August 2017	Ordinary Meeting of Council
	22 August 2017	Ordinary Meeting of Council
September	19 September 2017	Ordinary Meeting of Council
October	10 October 2017	Ordinary Meeting of Council
	24 October 2017	Ordinary Meeting of Council
November	14 November 2017	Ordinary Meeting of Council
	28 November 2017	Ordinary Meeting of Council
December	12 December 2017	Ordinary Meeting of Council
February	6 February 2018	Ordinary Meeting of Council
	27 February 2018	Ordinary Meeting of Council

For 2018:

B. That the first meeting of 2018 be held on Tuesday, 6 February 2018 with the normal meeting cycle to resume on Tuesday, 27 February 2018.

CARRIED UNANIMOUSLY

299

Tender T16/2016 - Turramurra Memorial Park Amenities Upgrades

File: S11232

Vide: GB.5

To consider the tenders received for the upgrading of the existing brick and tile amenity and construction of a new interconnecting toilet which is compliant with the Disability Discrimination Act (DDA), and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Citer/McDonald)

A. That Council accept the tender submission from Tenderer ‘A’ for the upgrade of existing amenities and construction of a new toilet complaint with the Disability Discrimination Act at Turramurra Memorial Park.

B. That the Mayor and General Manager be delegated authority to execute all tender documentation on Council’s behalf in relation to the contract.

C. That the Seal of Council be affixed to the contract documents.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

300

Consideration of submissions on the planning proposal to list 24 Dudley Avenue Roseville as a heritage item

File: S11058

Vide: GB.1

For Council to consider the submissions received during the public exhibition of the Planning Proposal to list 24 Dudley Avenue, Roseville as a local heritage item.

The following members of the public addressed Council on this matter:

C Kyprianou

P Kyprianou

S Kyprianou

Resolved:

(Moved: Councillors Anderson/Szatow)

A. That the Planning Proposal to list the property known as ‘Ambleside’ at 24 Dudley Avenue, Roseville as a local heritage item under the Ku-ring-gai Local Environmental Plan 2015 proceed without variation.

B. That Council proceeds to make the Plan, using its delegated authority, under Section 59(2) of the Environmental Planning & Assessment Act 1979.

C. That those who made submissions be notified of Council’s decision.

For the Resolution: The Mayor, Councillor Anderson, Councillors , McDonald, Malicki, Berlioz and Szatow

Against the Resolution: Councillors Citer, Pettett, Armstrong, Fornari-Orsmond and Ossip

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The above Resolution was subject to an Original Motion which was LOST. The Lost Original Motion was:

(Moved: Councillors Armstrong/Szatow)

A. That the Planning Proposal to list the property known as ‘Ambleside’ at 24 Dudley Avenue, Roseville as a local heritage item under the Ku-ring-gai Local Environmental Plan 2015 be refused.

B. That those who made submissions be notified of Council’s decision.

For the Motion: Councillors Citer, Pettett, Armstrong, Fornari-Orsmond and Ossip

Against the Motion: The Mayor, Councillor Anderson, Councillors McDonald, Malicki, Berlioz and Szatow

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST of the Motion

Councillor McDonald moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

For the Procedural Motion: Councillors Citer, McDonald, Pettett, Malicki, Berlioz, Szatow, Fornari-Orsmond and Ossip

Against the Procedural Motion: The Mayor, Councillor Anderson and Councillor Armstrong

Councillor Citer withdrew during discussion

Councillor Citer returned

301

12 Rutland Place, North Wahroonga- Two lot sub-division and associated civil works.

File: DA0064/16

Vide: GB.4

Proposed two lot subdivision and associated civil works

The following members of the public addressed Council on this matter:

D Underwood

C Morris

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred development consent to DA0064/16 for a two lot subdivision and associated civil works at 12 Rutland Place, North Wahroonga for a period of two (2) years from the date on which the consent becomes operable.

SCHEDULE A: Deferred Commencement - Term to be satisfied prior to the consent becoming operable

The following deferred commencement term must be complied with to the satisfaction of Council within 24 months of the date of issue of this deferred commencement consent.

A. Drainage easement (deferred commencement)

The applicant shall submit documentary evidence that the property benefits from a registered drainage easement. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer. This documentation must include evidence that the easement has been registered with NSW land and Property Information.

Reason: To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

Once the consent becomes operable, the conditions in Schedule B will apply. Upon written receipt from Council that the demonstrated condition in Schedule A has been satisfied, the following conditions will apply:

SCHEDULE B: Conditions of consent:-

Conditions that identify approved plans:

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
5401-SUB1_D (No. D)	Mepstead & Associates	5/08/2016
DA100-01 (Issue A), DA102-01 (Issue A), DA103-01 (Issue A), DA104-01 (Issue A)	Mepstead & Associates	14/06/2016
DA101-01 (Issue B),DA102-02 (Issue B)	Mepstead & Associates	8/08/2016

Document(s)	Dated
Bush fire hazard assessment, prepared by Building Code & Bushfire Hazard Solutions Pty Ltd	4/02/2016

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.

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

3. Project arborist

A project Arborist shall be commissioned prior to any works occurring on site to ensure all tree protection measures are carried out in accordance with the conditions of consent.

The project arborist shall have a minimum AQF Level 5 qualification with a minimum of 5 years’ experience. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason: To ensure the protection of existing trees

4. Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.

Reason: To ensure public safety

5. Nest boxes

Prior to works commencing and/or tree removal works being undertaken four nest boxes comprising of (2 microbat & 1 small mammal shall be installed within retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 <http://www.legislation.nsw.gov.au/viewtop/inforce/act+80+1974+first+0+N> issued by the Office of Environment and Heritage.

Reason: To ensure protection of fauna species which could be potentially displaced by the removal of a trees/native vegetation.

6. Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate trees for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal into installed nest boxes.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence <http://www.environment.nsw.gov.au/wildlifelicences/ScientificResearchLicences.htm> under section 132C of the National Parks and Wildlife Act 1974 <http://www.legislation.nsw.gov.au/viewtop/inforce/act+80+1974+first+0+N> issued by the Office of Environment and Heritage.

Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason: To ensure protection of fauna species.

7. Tree identification

Prior to works commencing the existing trees shall be numbered in accordance with the arborists report and/or the approved plans. Trees shall be clearly tagged with confirmation from the project arborist that all marked trees correspond with those shown on the approved plan.

Reason: To protect existing trees during the construction phase.

8. 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.

9. 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 Landcom 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.

10. 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.

11. Trunk and branch protection

To preserve the following tree/s, no work shall commence until the trunk/s and branches are protected by the placement of 50 x 100mm timbers over suitable protective padding material in accordance with Section 4.5.2 of AS4970-2009. The trunk and branch protection shall be maintained intact until the completion of all work on site.

Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with a minimum AQF Level 3 qualification and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Tree/location

T72 - Angophora costata (Sydney Red Gum) T77 - Angophora costata (Sydney Red Gum)

Reason: To protect existing trees during the construction phase.

12. Tree protection measures inspection

Upon installation of the required tree protection measures, an inspection of the site by the project arborist and/or 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.

13. Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan (KDCP).

The plan shall address all issues identified in Part 24 of the KDCP, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

14. Marking of trees to be removed

All trees that are to be removed within the development area, are to be clearly marked on site by the Project Arborist in accordance with the approved plans. All other trees are to be retained.

Reason: To protect existing trees during the construction phase.

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

15. Civil design drawings

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, structural design details of the driveway access and associated retaining walls to proposed Lot 21. The driveway design and details of the retaining wall is to be prepared by a qualified civil engineer in accordance with AS2890.1:2004 'Off-street car parking' and AS4678 'Earth Retaining Structures'.

Reason: To protect the environment and provide suitable vehicular access.

16. Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s), 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.	Prepared by	Dated
Project 5401 Plan no. DA101-01 Issue B	Mepstead & Associates	08/08/16

The above engineering plan shall be amended as follows:

· To preserve T31 - Angophora costata (Sydney Red Gum) Pit B1 and the connecting pipe between Pit B1and Pit A5 are to be deleted

· All trees are to be numbered in accordance with the approved Survey Plan by Mepstead & Associates Project no. 5401-SUB1 Revision D, dated 5 August 2016

The above amendments are required to ensure compliance with the following:

· Australian Standard 2890.1- “Off-street car parking”.

· Ku-ring-gai Council Water Management Development Control Plan 47.

· To preserve trees protected under the Council’s Tree Preservation Order and as specified in other conditions of consent.

Note: An amended engineering plan, prepared by a qualified engineer and endorsed by the Project Arborist, shall be submitted to the Certifying Authority.

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

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

17. Infrastructure damage security bond and inspection fee

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

(a) All work or activity undertaken pursuant to this development consent 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 consent 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 damage security bond and infrastructure inspection fee must be paid to 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 damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will 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 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 damage security bond 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 damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as 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.

18. Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010).

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:

Infrastructure Type	Amount
LGA Wide Local Recreational & Cultural	$3,004.69
Northern Area Local Parks & Sporting Facilities	$22,442.47
Total:	$25,447.16

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 subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

Contributions outside the designated centres may be subject to a maximum contribution total in accordance with the s94E Direction issued by the Minister for Planning dated 21 August 2012, for so long as it remains legally in force. If the total amount above is an exact multiple of $20,000 then the contributions calculated in accordance with Ku-ring-gai Contributions Plan 2010 exceeded the maximum contribution payable and have been capped. If the process of inflation carries the contribution above over the maximum amount permitted by the s94E Direction prior to payment, the amount will be limited at time of receipt. Please contact Council to verify the total contributions payable prior to payment.

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:

19. 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.

20. 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.

21. Hours of work

Demolition, 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 using machinery must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. No excavation using machinery is to occur on Saturdays, Sundays or public holidays.

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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. Erosion control

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

Reason: To protect the environment from erosion and sedimentation.

31. Drainage to drainage easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the piped Council drainage system within the site. Drainage line connections to the system shall conform and comply with the relevant detail in Council's Plan No82/024 ("Connections of Drainage Lines to Kerb and R.C. Pipe") and in the Ku-ring-gai Development Control Plan.

Reason: To protect the environment.

32. 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 Co-ordinator. 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 Co-ordinator, 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.

33. Arborist’s report

The tree/s to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required at the following times or phases of work including date, brief description of the works inspected, and any mitigation works prescribed.

All monitoring shall be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

Tree/location	Time of inspection
T119 - Syncarpia glomulifera (Turpentine) T122 - Syncarpia glomulifera (Turpentine) / Within Lot 22 T72 - Angophora costata (Sydney Red Gum) T77 - Angophora costata (Sydney Red Gum) T93 - Eucalyptus resinifera (Red Mahogany) / Within Lot 21	At the commencement of earthworks and trench boring for the relocation of the stormwater works within Lot 22 followed by weekly inspections until the works have been completed.

· All works as recommended by the project arborist are to be undertaken by an experienced arborist with a minimum AQF Level 3 qualification.

Reason: To ensure protection of existing trees.

34. 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.

35. Approved tree works

Prior to works commencing the following works shall be undertaken to the specified trees;

· All trees are to be clearly tagged and identified as per the arborist report prior to the removal/pruning of any tree/s on site.

· Canopy and/or root pruning as specified in the following table shall be undertaken by an experienced Arborist/Horticulturist, with a minimum AQF Level 3 qualification

· All root or canopy pruning works shall be undertaken as specified in AS 4373-2007 - Pruning of Amenity Trees.

· All other branches where required shall be tied back and protected during construction, under the supervision of a qualified arborist

Tree/location	Approved Tree Works
T32 - Malus sp. (Flowering Apple) T34 - Pittosporum undulatum (Sweet Pittosporum) T35 - Liquidambar orientalis (Oriental Sweet Gum) T36 - Liquidambar orientalis (Oriental Sweet Gum) T37 - Pittosporum undulatum (Sweet Pittosporum) T57 - Eucalyptus sp. (Gum) T58 - Eucalyptus sp. (Gum) T59 - Brachychiton acerifolius (Flame Tree) T60 - Pittosporum undulatum (Sweet Pittosporum) T61 - Pittosporum undulatum (Sweet Pittosporum) T62 - Pittosporum undulatum (Sweet Pittosporum) T63 - Angophora costata (Sydney Red Gum) T64 - Eucalyptus resinifera (Red Mahogany) T73 - Liquidambar orientalis (Oriental Sweet Gum) T74 - Pittosporum undulatum (Sweet Pittosporum) T75 - Brachychiton acerifolius (Flame Tree) T78 - Pittosporum undulatum (Sweet Pittosporum) T79 - Eucalyptus resinifera (Red Mahogany) T80 - Pittosporum undulatum (Sweet Pittosporum) T81 - Pittosporum undulatum (Sweet Pittosporum) T82 - Celtis australis (Nettle Tree) T83 - Pittosporum undulatum (Sweet Pittosporum) T89 - Pittosporum undulatum (Sweet Pittosporum) T90 - Corymbia gummifera (Red Bloodwood) T90.1 - Ceratopetalum gummiferum (NSW Christmas Bush) T90.2 - Ceratopetalum gummiferum (NSW Christmas Bush) T90.3 - Strelitzia sp. (Bird of Paradise) T91 - Erythrina sykesii ‘Indica’ (Coral Tree) / Within the driveway and building footprint	Remove in accordance with the Arborist Report by Footprint Green dated 5 August 2016
T14 - Cinnamomum camphora (Camphor laurel) T33 - Pittosporum undulatum (Sweet Pittosporum) T41 - Citharexylum spinosum (Fiddlewood) T43 - Pittosporum undulatum (Sweet Pittosporum) T46.1 - Pittosporum undulatum (Sweet Pittosporum) T49 - Eucalyptus sp. (Gum) T53 - Araucaria heterophylla (Norfolk Island Pine) T55 - Cinnamomum camphora (Camphor laurel) T59.1 - Jacaranda mimosifolia (Jacaranda) T76 - Pittosporum undulatum (Sweet Pittosporum) T84 - Pittosporum undulatum (Sweet Pittosporum) T85 - Eucalyptus resinifera (Red Mahogany) T87 - Corymbia gummifera (Red Bloodwood) T88 - Liquidambar styraciflua (Liquidambar) T92 - Cinnamomum camphora (Camphor laurel) T98 - Pittosporum undulatum (Sweet Pittosporum) T101 - Liriodendron tulipifera (Tulip Tree) T102 - Eucalyptus sp. (Gum) T105 - Cinnamomum camphora (Camphor laurel) T106 - Cinnamomum camphora (Camphor laurel) T107 - Banksia serrata (Old Man Banksia) T108 - Lophostemon confertus (Brushbox) T109 - Corymbia gummifera (Red Bloodwood) T110 - Ligustrum lucidum (Large-leaved Privet) T111 - Corymbia gummifera (Red Bloodwood) T112 - Pittosporum undulatum (Sweet Pittosporum) T114 - Cotoneaster sp. (Cotoneaster) T118 - Pittosporum undulatum (Sweet Pittosporum) / Within Lots 21 and 22 to create Asset Protection Zone	Remove in accordance with the Arborist Report by Footprint Green dated 5 August 2016

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

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

36. 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.

37. 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.

38. 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 a Subdivision certificate:

39. Certification of drainage works

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

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

· the stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans and Ku-ring-gai DCP Part 25

Note: Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this control is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

40. Certification of as-constructed driveway

Prior to issue of a Subdivision Certificate, the Principal Certifying Authority is to be satisfied that the as-constructed driveway complies with the approved Construction Certificate plans and Australian Standard 2890.1 - 2004 “Off-Street car parking".

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 a Final Certificate.

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

41. Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason: Statutory requirement.

42. Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

Note: Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason: To ensure that services are available to the allotments of land.

43. Infrastructure repair – subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

44. Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason: Access to public utilities.

45. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and an Final Certificate has been issued by the Principal Certifying Authority.

Reason: To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

46. Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

47. Submission of plans of subdivision (Torrens title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a) the endorsement fee current at the time of lodgement

b) the 88B instrument plus 6 copies

c) a copy of the Final Certificate issued for DA0064/16

d) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

f) Proof of payment of S94 contribution

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason: Statutory requirement.

48. General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason: To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

CONDITIONS TO BE SATISFIED AT ALL TIMES:

49. Trees to be retained

The trees as numbered on plan of subdivision 5401-SUB1_D (No. D) by Mepstead & Associates, dated 5/08/2016 are to be retained.

Reason: To maintain the existing landscape character and protect the environment

INTERGRATED REFERRAL CONDITIONS:

50. Rural Fire Service

Asset Protection Zones

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities. To achieve this, the following conditions shall apply:

1. At the issue of a subdivision certificate, and in perpetuity, the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and utilities

2. The provision of water, electricity and gas to the proposed lots shall comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

General advice

The existing dwelling is recommended to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a noncorrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

CARRIED UNANIMOUSLY

302

Roads Act Application For The Purpose Of Creating An Eruv In St Ives

File: S11230

Vide: GB.6

Council has received a Roads Act Application for the placement of plastic conduits on power poles in various areas of St Ives for the purpose of creating an eruv

The following members of the public addressed Council on this matter:

J Bass

M Gooley

M Rosettenstein

K Guthrie

A Stucken

B Connelly

H Haber

P Moate

A Shephard

E Gipps

A Kellerman

P Thomson

L Moriah

A Crawley

M Kellahan

I Howell (on behalf of K Calinan)

L Cohen

L Smith

Y Miller

D Warner

Resolved:

(Moved: Councillors Fornari-Orsmond/Szatow)

That approval is given to the Roads Act application for the placement of plastic conduits on the power poles agreed by Ausgrid as per the list attached to the memo circulated to Councillors dated 8^th November 2016 and subject to the following conditions:

1. That the applicant is responsible for the ongoing maintenance of the conduits and compliance with Ausgrid’s standards and procedures and all costs associated with the maintenance.

2. That the conduits should be a consistent colour being grey conduits with grey capping.

3. That should Council arrange for undergrounding of power lines in the future, that Council will arrange for removal of the conduits and a new application will be required for the replacement of the structures and wires.

4. That the boundary of the eruv is not to be placed on private property and must be wholly on the road reserve.

5. That for classified roads the applicant should seek RMS approval.

For the Resolution: The Mayor, Councillor Anderson, Councillors , Citer, McDonald, Pettett, Armstrong, Szatow, Fornari-Orsmond and Ossip

Against the Resolution: Councillors Malicki and Berlioz

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillors Malicki/Berlioz)

That Council defers the decision on this matter until an accurate, complete application has been lodged with Council as consent authority, and approved by Ausgrid and RMS.

For the Amendment: Councillors Malicki and Berlioz

Against the Amendment: The Mayor, Councillor Anderson, Councillors Citer, McDonald, Pettett, Armstrong, Szatow, Fornari-Orsmond and Ossip

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

During discussion , Council resolved into Closed Session to the Ante Room after a Motion moved by Councillors Szatow and Berlioz and was CARRIED UNANIMOUSLY.

Council resolved to return to Open Council which was moved by Councillors Fornari-Orsmond and Szatow and was CARRIED UNANIMOUSLY.

The Meeting closed at 10.17pm

The Minutes of the Ordinary Meeting of Council held on 8 November 2016 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 22 November 2016.

__________________________ __________________________

General Manager Mayor / Chairperson

*SUSTAINABILITY*
Manage financial performance to achieve Financial Sustainability targets identified in the LTFP	Achieve Operating surplus before capital income items to fund capital expenditure: · Monitor Operating Expenditure and Revenue against budget on a monthly basis · Report on budget variations to senior management on a monthly basis and quarterly to Council	Monthly Reporting to Senior Management Quarterly reporting to Council	Operating Surplus achieved	Actuals meet budget and LTFP target	L2.1.1 Council maintains and improves its long term financial position and performance

Ordinary Meeting of Council - 22 November 2016	GB.8 / 214

Item GB.8	DA0171/16
	17 August 2016

development application

Summary Sheet

Report title:	DA0171/16 5 - 7 Eulbertie Avenue, Warrawee - demolition of existing structures and construction of 14 townhouses and basement car park
ITEM/AGENDA NO:	GB.8

Application No:	DA0171/16
Property Details:	5 – 7 Eulbertie Avenue, Warrawee Lot & DP No: Lot 1 DP 301201 and Lot 1 DP 171189 Site area (m²): 3039.2m² Zoning: R3
Ward:	Wahroonga
Proposal/Purpose:	Demolition of existing structures and construction of 14 townhouses, basement car park and site landscaping works
Type of Consent:	Local
Applicant:	Eulbertie Investments Pty Ltd
Owner:	P & S Brereton and D & R Cains
Date Lodged:	20 April 2016
Recommendation:	Approval

Purpose of Report

The purpose of this report is to determine DA0171/16. The application is reported to Council as the proposal is for a multi dwelling housing development comprising more than 3 dwellings that is recommended for approval.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Applications are assessed in accordance with State and local plans

Assessments are of high quality, accurate and consider all relevant legislative requirements

Executive Summary

Issues	· height of basement · top storey design
Submissions	· 9 submissions objecting to the proposed development
Land & Environment Court	No
Recommendation	Approval

LEGISLATIVE REQUIREMENTS:

Zoning	R3 Medium Density Residential
Permissible under	Ku-ring-gai Local Environmental Plan 2015
Relevant legislation	· State Environmental Planning Policy No. 55 – Remediation of Land · State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 · Sydney Regional Environmental Plan – Sydney Harbour Catchment 2005 · Ku-ring-gai Local Environmental Plan 2015 · Ku-ring-gai Development Control Plan 2015 & 2016 · Ku-ring-gai Contributions Plan 2010
Integrated Development	No

History

Pre-DA

A Pre-DA consultation for this development was held between Council officers and representatives of the applicant on 15 December 2015. No significant issues were identified during the Pre-DA. Matters raised by Council officers regarding tree retention and design improvements have been successfully integrated into the current scheme.

DA history

20 April 2016	DA lodged
6 May 2016	DA notified and advertised for 30 days
22 June 2016	Preliminary assessment letter issued to applicant
13 July 2016	A meeting was held with the applicant to discuss issues and conceptual amended plans.
31 August 2016	Amended plans submitted
27 September 2016	Further amended plans submitted

The Site

Site description

The site is identified as Lot 1, DP 171189 and Lot 1, DP 301201 known as 5 – 7 Eulburtie Avenue, Warrawee. The site is on the eastern (low) side of Eulburtie Avenue, to the south of its intersection with the Pacific Highway.

The site is irregular in shape and has a street frontage of 50.235 metres, a side, northern, boundary of 54.855 metres, a rear, western, boundary of 60.578 metres and a side, southern, boundary of 55.825 metres.

The site is 3,039sqm in area and has a fall of 3.8 metres to the rear, western, boundary.

The site currently accommodates two dwellings, a swimming pool and a disused tennis court.

The site contains 37 trees, whilst there are 12 trees on neighbouring properties in the vicinity of the site.

Surrounding development

Adjoining the site to the north and east are single residential dwellings on landscaped lots. Nos 2 to 6 Winton Avenue are locally listed heritage items, whilst the southern section of the Warrawee Conservation Area adjoins to the north, east and north-west of the site.

Adjoining the site to the south, is a residential flat development comprising 5 storey buildings over basement parking on a large lot at 1-3 Eurbertie Avenue. To the west of the site is another 5 storey residential flat development at 2- 4 Eulbertie Avenue.

The surrounding locality contains predominately low scale residential dwellings, with medium to high density residential development along the Pacific Highway corridor.

The Proposal

The proposal as amended is for the following development:

· demolish the existing dwellings and ancillary structures

· construct a 3 storey townhouse development within 3 blocks, including:

o 2 x 4 bedroom dwellings

o 12 x 3 bedroom dwellings

· basement car park, including:

o 32 basement car spaces – 28 x residential and 4 x visitor

o 1 x service/carwash space

o garbage room

o storage and plant rooms

o 5 x bicycle spaces

o OSD and rainwater tanks

· new concrete internal driveway and new driveway crossover

· excavation to 3 metres for basement level

· landscaping, front and side boundary fencing, pedestrian entry portico, ramping, retaining walls and courtyards

· removal of 15 trees within the site

Consultation

Community

In accordance with the notification requirements of Ku-ring-gai DCP 2015, the application was notified to owners and occupants of surrounding properties and advertised in the local newspaper for a period of 30 days, between 15 January 2016 and 15 February 2016. In response, Council received submissions from the following:

M & R Abrahams – 2 Winton Street, Warrawee

D & J Teroxy – 19 Eulbertie Avenue, Warrawee

P & C Fuery – 17A Eulbertie Avenue, Warrawee

G Watts 303/2 Eulbertie Avenue, Warrawee

S Preston - 2 Fox Valley Road, Warrawee

F & R Son – 4/1-3 Eulbertie Avenue, Warrawee

H Campbell – 301/2A Eulbertie Avenue, Warrawee

F Shafiei & N Davari

402/2A Eulbertie Avenue, Warrawee

J Holmes – 4 Winton Street, Warrawee

The submissions raised the following issues:

The design and scale of the development dominates, detracts and competes with the heritage items to the rear and is inconsistent with the intent of Part 19F.1 of the KDCP.

Council’s Heritage Advisor has given consideration to the built form of the development and its effect on the heritage items that adjoin. The Heritage Advisor considers that the proposed development as amended will have an acceptable impact on the heritage items and the HCA.

The bulk and scale is out of character with the surrounding area.

The site is zoned under the Ku-ring-gai Local Environmental Plan 2015 as R3 Medium Density Development, the purpose of which is to provide a transition in the built form scale between high density 5 storey residential flat development and low density single dwelling development. As the development is representative of the maximum height and FSR, it is consistent with the built form of the desired future character encouraged by the LEP.

The proposed development will have an adverse impact on solar access to Unit 301, 2 Eulbertie Avenue.

The comprehensive solar access diagrams submitted with the application demonstrate that the shadow cast by the proposed development is within the tolerances of the DCP and that the shadow impact of the development will not unreasonably impact the amenity of any adjoining property.

The proposed development will create unacceptable light spill.

Condition 89 is recommended to ensure that outdoor lighting is shielded and hooded to ensure that it does not unreasonably impact any adjoining dwelling.

The development is contrary to the objectives for privacy prescribed within the DCP.

The LEP allows multi-unit housing developments of up to three storeys in the R3 zone. The controls do not dictate how this floor spaced is to be used or allocated. Living areas at the upper storey are allowed, provided the privacy considerations of the DCP are met. It is considered that the proposal will not have an unacceptable impact in this regard, as the habitable areas of the top most floors are centred within the middle of the corresponding floor plate which provide for greater separate from adjoining properties and provide for view out, rather than down upon adjoining properties.

The proposed development will create unacceptable acoustic impacts upon adjoining properties as living and open space areas are orientated towards the neighbouring properties.

The development has been adequately designed and set back so as to reasonably maintain the acoustic privacy of residents in adjoining developments.

The proposed development does not provide adequate car parking and will place additional demands on the already over prescribed local street network.

The proposed development provides for 32 car spaces, which is the upper range for car parking for this development. The demand for car parking generated by this development is accommodated within its basement and this is considered to be acceptable by Council’s Development Engineer.

The proposal will exacerbate current issues with traffic movements in and around the local street network.

Council’s Development Engineer has considered the anticipated traffic generated by the development and is satisfied that the proposed development will not have an unacceptable impact upon surrounding streets.

The proposal will result in the loss of views and to the surrounding canopy trees and road from unit 303, 2 Eulbertie Avenue.

The development will alter the outlook from adjoining developments over the development site. However, this outlook is not assessed as constituting significant view that would warrant protection as it is an aspect over an adjoining property rather than a vista of a prominent landmark or natural vista, such as district views.

The construction period will result in unacceptable noise levels.

Condition 24 requires that, prior to construction work commencing, a noise a vibration management plan is to be prepared and adhered to during construction so that the impacts of construction noise on adjoining residents are managed to ensure that such does not unreasonably affect their amenity.

The local schools and parks are already overcrowded and prescribed.

The matter of demand for additional services and infrastructure is considered in the zoning process of land, whereby the need for additional services / infrastructure is captured within applicable contributions plan. A development contribution is applicable to this development Condition 45.

The proposed development’s traffic combined with existing local traffic requires the provision of traffic lights at the intersection of Eulbertie Avenue and the Pacific Highway.

The anticipated traffic movements generated by the development have been assessed by Council’s Development Engineer who concluded that the low volume of additional traffic movements does not necessitate signalisation of the intersection of Eulbertie Avenue and Pacific Highway.

The development does not provide sympathetic or adequate landscaping.

The proposed development includes a comprehensive landscaping plan that provides for dense screen planning around the periphery of the development. Council’s Landscape Assessment Officer considers the landscaping and screening to be satisfactory.

The proposed development has an unacceptable economic and social impact, contrary to the heads of consideration prescribed by the Act.

A detailed assessment pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979 was undertaken and confirms that the proposed development has an acceptable economic and social impact and has been found to be in the public’s interest as it is consistent with the development controls and standards for this typology of development prescribed by Council’s LEP and DCP. Accordingly, it is assessed as satisfying the matters for consideration prescribed by the Act.

The controls of part 6C.10 of the DCP restrict balconies to the upper floors where they do not address a street frontage. The development currently provides for these inclusions, impacting privacy of adjoining properties

The development as lodged and initially assessed by Council was done so pursuant of the KDCP 2015, where such inclusions were not restricted. The adoption of the KDCP 2016 introduced this control, however as the development has been initially designed, assessed and notified under the KDCP 2015 controls, it was considered unreasonable to seek amendment. Despite this, the development is assessed as having an acceptable impact on privacy as the balconies have a limited depth of 2m restricting their usability.

Within Council

Landscaping

Council's Landscape Assessment Officer assessed the amended proposal and commented as follows:

Tree impacts

T14 – Liquidambar styraciflua (Liquidambar)

The amendments to Unit 10 have satisfactorily addressed the impacts on T14.

T23 – Syncarpia glomulifera (Turpentine)

The arborist has concluded that the impacts on T23 from the installation of the stormwater works will be within acceptable limits provided it is carried out by hand or with directional drilling. Condition 69 will address this issue.

Tree removal

Fifteen trees will require removal for the proposed development, including 1 dead tree, 2 trees that are exempt and 12 trees with low to moderate retention value.

*Tree / location*	*Comments*
T2a - Picea pungens ‘Glauca’ (Blue Spruce) / Within building footprint	7 metres high in fair condition
T9a – Plumeria acutifolia (Frangipani) / Within building footprint	< 5 metres high
T17 – Robinia pseudoacacia ‘Frisia’ (Golden Robinia) / Within building footprint	Exempt species
T18 – Cupressus sempervirens (Italian Cypress) / Within building footprint	12 metres high in good health
T18a – Camellia sasanqua (Chinese Camellia) / Within building footprint	6 metres high in good health
T19 – Calodendron capense (Cape Chestnut) / Within building footprint	7 metres high in good health
T20b – Elaeocarpus reticulatus (Blueberry Ash) / Within building footprint	10 metres high in good health
T21 – Eucalyptus saligna (Sydney Blue Gum) / Eastern boundary	22 metres high, high levels of decay. Picus sonic testing concluded that the tree is structurally compromised and should be removed.
T29 – Archontophoenix cunninghamiana (Bangalow Palm) / Southern boundary	8 metres high in good health
T32 – Archontophoenix cunninghamiana (Bangalow Palm) / Within building footprint	11 metres high in good health
T33 – Dypsis decaryi (Triangle Palm) / Within building footprint	7 metres high in good health
T34 - Cupressus sempervirens (Italian Cypress) / Within building footprint	Dead
T34a – Camellia sasanqua (Chinese Camellia) / Within building footprint	6 metres high in good health
T34b – Pittosporum eugenioides 'Variegata (Variegated Tarata) / Within building footprint	6 metres high in good health
T34c – Ulmus parvifolia (Chinese Elm) / Within building footprint	8 metres high in good health

Landscape plan

The landscape plan is acceptable, subject to the following amendments which are included in Condition 27:-

· To minimise impacts on the heritage conservation area, the Pittosporum revolutum within the northern side boundary is be replaced with species that will provide a denser screen.

Stormwater plan

The additional information provided by the applicant in relation to the impacts of the proposed easement on T23 is considered acceptable. Condition 69 will ensure the tree protection measures, as recommended by the arborist, are carried out.

BASIX

No low water use planting is required.

Deep soil landscaping

In accordance with KDCP Part 6A.5, the development is required to have a minimum of 40% deep soil landscaping. The deep soil plan indicates deep soil landscaping of 40% or 1215.7 square metres which is compliant with the controls. The landscaping proposed for the site will achieve the objectives outlined in Part 6A.5 of the KDCP.

Conclusion

The Landscape Assessment Officer finds the proposal acceptable, subject to conditions.

Engineering

Council's Development Engineer assessed the amended proposal and commented as follows:

Water management

The subject site has a gradual fall from the front south-western corner through to the rear north-eastern corner of approximately 3.8m. It is proposed to create a new drainage connection via a 1.2m wide drainage easement to an existing stormwater pit within the neighbouring property that drains to Winton Street.

It is understood that negotiations have commenced with the owner of No. 2 Winton Street, Warrawee regarding an interallotment drainage easement that subsequently connects into an existing drainage easement. A deferred commencement consent would be necessary, with a condition requiring that the applicant submit documentary evidence to Council demonstrating that the property has the legal right to drain stormwater over the downstream property prior to the consent operating.

The applicant’s design engineer has submitted a survey of the proposed easement route to Council’s existing drainage system and supporting calculations verifying that the existing 225mm diameter pipe within the easement has sufficient hydraulic capacity to carry post-developed flows from the subject property to Council’s public drainage system.

The stormwater plans show a combined on-site detention and rainwater tank comprising 72.10m³ and 20,000L of storage, respectively, located within the basement area. The on-site detention discharge control pit is now relocated within the communal open area. The overflow pipe from the detention system is directed to the proposed drainage easement, which is acceptable.

A revised BASIX Certificate has been submitted with water commitments, requiring a central water tank of 10,000L. The BASIX commitments are for re-use of stored rainwater for irrigation of 787sq.m of common landscaped areas. The rainwater retention and re-use has met the BASIX commitments and satisfied the 50% reduction in runoff days. The requirements of Part 25B.3-4 of the Ku-ring-gai DCP has been satisfied.

Captured stormwater is to be treated by using a proprietary pollution device downstream from the detention system prior to connection to Council’s drainage system. The captured stormwater will be treated using a Humes Model ‘Humeceptor STC2’ which has been used on previous approved multi dwelling proposals and has satisfied the pollutant load standards set out in the Ku-ring-gai DCP Part 25B.6.

The Stormwater Management Plans prepared by E2 Civil & Structural Design Pty Ltd Drawing No. 15.577 SW1/E, SW2/D, SW3/B and SW4 dated 10 August 2016 are acceptable.

Vehicular access and accommodation arrangements

The site is zoned ‘R3’ under Ku-ring-gai LEP. The parking provisions have been determined using Ku-ring-gai Development Control Plan for multi-dwelling housing. The site is located greater than 400m walking distance from Warrawee Railway Station. According to the Ku-ring-gai DCP Part 23R.2 ‘Car Parking Rates’, the total minimum 25 parking spaces is required. The development provides 32 off-street parking spaces, comprising 28 residents’ spaces (includes 2 adaptable spaces) and 4 visitor spaces. The minimum parking requirements have been met.

Vehicular access to the car parking facility is via a new 6.1m wide entry / exit driveway crossing which narrows internally to a 3.6m ramp at the basement entry. The driveway clear width should be a minimum 3.7m as per Part 23.2(7) of the Ku-ring-gai DCP. This is addressed by Condition 3.

The basement plan shows the visitor space doubling as a carwash space and garbage truck loading bay. The minimum dimension of 3.5m x 6m is satisfied and this also provides adequate manoeuvring for a service/removalist vehicle which is easily accessible by Council’s waste collection vehicle.

The disabled visitor and residential parking spaces comply with AS2890.6:2009 with regard to having a minimum width of 2.4m plus 2.4m shared area whilst the accessible parking space has been assessed under AS4299 (1995) which is referenced by the Access Consultant.

A driveway longitudinal section has been shown on the architectural plan. The design includes a maximum gradient of 5% for the first 6 metres from the boundary and a maximum grade of 20%. The driveway gradients comply with Australian Standard 2890.1 (2004) “Off-Street car parking” as do the dimensions of the parking bay, ramp grades and aisle widths.

Waste collection

The development allows a garbage truck to enter and depart the garbage/room recycle storage area in a forward direction. The driveway grades and turning manoeuvrability are suitable for the small waste collection vehicle as shown by the swept paths within the Appendix of the Traffic Report.

A clear head height of 2.6m, shown on the Section Plan, has been provided to access the basement area and also provided over the travel path of the waste service vehicle.

The sizing of the garbage collection room is adequate to provide 17x240L bins for waste, paper and recycling to satisfy the minimum bin requirements.

The requirements as per Ku-ring-gai DCP Part 24R have been satisfied.

Construction management

A preliminary Construction Management Plan has been submitted which is acceptable for DA purposes. It is proposed to utilise the existing driveways as ingress and egress points for construction vehicles. It is anticipated that all construction vehicles will enter and exit the site in a forward direction. A work zone along the site frontage may not be necessary given the available area inside the property.

Based on the scale of works and expected construction vehicle movements, a detailed construction traffic management plan (CTMP) must be submitted for review by Council Engineers prior to the commencement of any works on site (Condition 15).

Geotechnical investigation

The preliminary investigation was undertaken based on site inspection and 2 boreholes. The results identified subsurface conditions comprising surface fill covering residual silty clay that graded into weathered shale. The shale was extremely weathered to about 9m depth. The boreholes were dry during and on completion of drilling. Groundwater was measured at a shallow depth of 3m and 4m in the standpipes near the boreholes, respectively.

The applicant’s geotechnical engineer provided further comment on the high groundwater level in the boreholes. Standpipes were installed in the boreholes to allow longer term monitoring of water levels and were measured during and after completion of the geotechnical investigation. The results showed that both boreholes were dry on completion of drilling. The Groundwater Modelling Report submitted, suggests that the proposed excavation will not extend below the groundwater table and there will not be any unreasonable groundwater impacts.

A separate groundwater screening report, prepared by EIS dated 22/7/16, suggests that groundwater was encountered. Condition 25 requires that the basement be fully tanked to prevent unnecessary subsurface or groundwater extraction as per the requirement of Part 24 C.3(8) of the Ku-ring-gai DCP.

The report states that all other recommendations during the construction phase shall be carried out as specified within the report that includes dilapidation reports of nearby structures.

Conclusion

From an engineering perspective there are no objections to approval of this application, subject to conditions.

Heritage

Council's Heritage Advisor assessed the amended proposal and commented as follows:

Heritage status

The site does not contain a heritage item. The site is within the vicinity of several heritage items and directly adjoins three items at No 2, 4 & 6 Winton Street. The heritage items within the broader vicinity include:

· Nos 2 & 6 Heydon Avenue;

· No 7 Winton Street;

· Nos 1379, 1361 – 1377, 1456 & 1526 (Mahratta) Pacific Highway.

The site adjoins a Heritage Conservation Area (HCA) – Area C-2, Heydon Avenue, Warrawee and Woodville Avenue, Wahroonga. The HCA includes most of the land along the Pacific Highway from Turramurra to Wahroonga between the Pacific Highway and the Railway line. A small part of the HCA along the Pacific Highway is excluded from this area including part of Heydon Avenue, Eulbertie Avenue and Winton Street to Lowther Park Avenue and is rezoned for medium density residential development.

Most of the rezoned sites have been developed, with the exception of the subject site and No 1407 Pacific Highway. However, a small residential flat development was recently approved at No 1407 Pacific Highway.

There is also a very broad HCA on the eastern side of the railway line – Area C-3 (Warrawee) and a small HCA on the opposite side of the Pacific Highway – Area C-4 (Mahratta).

The heritage objectives in Clause 5.10 of the KLEP are:

· to conserve the environmental heritage of Ku-ring-gai;

· to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views;

· to conserve archaeological sites; and

· to conserve Aboriginal objects and Aboriginal place of heritage significance.

Clause 5.10 (5) of the KLEP states that, before granting consent to any development within the vicinity of a heritage item or HCA, Council may require a Heritage Management Document (HMD) to be prepared before granting consent. A HMD should assess the extent to which the carrying out of the proposed development would affect the heritage significance of the adjoining and nearby heritage items and the HCA.

Demolition of existing houses

The existing houses on the site are not considered to have aesthetic or technical heritage significance but would have some historic significance. They have not previously been identified as potential heritage items. It is also considered unlikely that the site contains relics as this area was not developed prior to construction of the existing buildings on the site.

Given that Council has rezoned the site, demolition of the houses is inevitable and there is no heritage objection to demolition. However, before demolition occurs, photographic archival recording of the houses and sites will be required as a condition of consent in any future approval (Condition 13).

Ku-ring-gai Development Control Plan (KDCP)

Council has specific objectives and controls to assist applicants in preparing applications for residential development within the vicinity of heritage items and within HCAs. The following are the relevant controls:

*20F DEVELOPMENT IN THE VICINITY OF HERITAGE ITEMS OR HERITAGE CONSERVATION AREAS (HCAS)*
*20F.1 Local Character and Streetscape*
General 1 All development in the vicinity of a Heritage Item or HCA is to include a Heritage Impact Statement.	Yes

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to: i) the form of the existing building or buildings including height, roofline, setbacks and building alignment; ii) dominant architectural language such as horizontal lines and vertical segmentation; iii) proportions including door and window openings, bays, floor-to ceiling heights and coursing levels; iv) materials and colours; v) siting and orientation; vi) setting and context; vii) streetscape patterns.	No No Partially Partially Partially Partially N/A
*Views*
4 New development in the vicinity of a Heritage Item or HCA is to demonstrate that it will not reduce or impair important views to and from the Heritage Item from the public domain.	Yes
*20F.2 Building Setbacks*
*Setbacks*
1 The front setback of development adjacent to a Heritage Item or buildings within an HCA is to be greater than that of the Heritage Item or building within the HCA. Where variations in setbacks exist, the larger setback will apply	No
*Residential Context*
2 All medium and high density development is to have a stepped facade to any common boundary with a Heritage Item or building within the HCA. The facade is to be stepped back above an 8m height from natural ground level as per Figure 20F.2-1. Facades greater than 8m high will not be permitted adjacent to a Heritage Item or building with an HCA.	Partially
3 In addition to the side and rear setback controls in Section A of this DCP, new development adjacent to a Heritage Item or building within an HCA, is to comply with the following: i) adjacent development is to have a minimum 12m building separation to the Heritage Item (more if side setback requirements are not met within the 12m) as per Figure 20F.2-2; ii) adjacent development is to not exceed a facade height of 8m from existing ground level, including balustrades; iii) adjacent development with a building mass above 8m high from existing ground level is to be stepped back an additional 6m from the Heritage Item as per Figure 20F.2-2; Where variations in setbacks exist the larger setback will apply.	No No No
*20F.3 Gardens and Landscaping*
*Gardens, Setting and Curtilage*
1 Development in the vicinity of a Heritage Item or an HCA is to: i) retain original or significant landscape features associated with the Heritage Item or HCA, or which contribute to its setting ii) retain the established landscape character of the Heritage Item or HCA. iii) include appropriate screen planting on side and rear boundaries.	Yes Yes Yes
*20F.4 Fencing*
*Fences on adjoining sites*
1 New front fences on adjacent sites are to be no higher than the front fences of the adjoining Heritage Item or HCA. Open and transparent front fences such as timber or metal picket are preferred.	Yes
2 No metal panel fencing is to be constructed on any boundary of a Heritage Item.	Yes

Comments on non-compliance with KDCP controls

The following controls are not complied with:

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

i) the form of the existing building or buildings including height, roofline, setbacks and building alignment;

The proposed development is a contemporary residential flat building and, due to its nature form, height, roofline and building alignment, is different to the nearby heritage items and properties within the HCA which are mostly residential houses of one and two storeys set in large gardens. The development is broken into 3 separate buildings which assists in reducing its scale, its impact on the adjoining heritage items and HCA. The proposed buildings align with the side boundaries, similar to other buildings in the HCA area.

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

ii) dominant architectural language such as horizontal lines and vertical segmentation;

The architectural language of the proposed development is contemporary and does not pick up on horizontal lines but has vertical segmentation. The use of materials provides some relief to the vertical segmentation of the proposed development. The building would be understood in context with the 5 storey residential flat buildings to the west and north and its scale would to some extent provide an interface between the different zones.

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

iii) proportions including door and window openings, bays, floor-to ceiling

heights and coursing levels;

The proposed development is contemporary in form and responds to the zoning of the site. The proposed buildings are larger than the adjoining items and single dwellings in the HCA. The window openings include both vertical and horizontal elements. There is a distinct change between the top floor which is partially set back from the lower levels. There are no coursing levels that respond to the adjoining heritage items or dwellings in the HCA. The floor to ceiling heights responds to the requirements for RFBs and does not relate to the adjoining Federation and Inter War dwellings. Overall, floor to ceiling heights are limited by other planning controls and the proposed development responds to those planning controls.

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

iv) materials and colours;

Some of the materials used in the proposed development are similar to those of the adjoining heritage items and dwellings in the HCA, such as stone and face brick. However, the “Bowral Blue” face brick used in vertical panels is not found in the surrounding items or HCA however but is evident in the adjoining 5 storey RFB. The face brick commonly found in the area is generally red to brown and the bases are of stone. Rendered surfaces in the HCA are limited as most housing is face brick, although some areas were built with painted and rendered brickwork including a number of heritage items in Yosefa Avenue designed by August Alley in the 1920s. The adjoining dwelling at No 9 Eulbertie Avenue is painted.

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

v) siting and orientation;

The proposed development, although much larger than the existing single dwellings, is designed as three individual buildings and attempts to relate to the siting of the existing houses on the site. The orientation lines up with the site boundaries in a conventional manner, typical of the area. The additional building (Block 3) is largely concealed behind Block A and obscured from the public realm by Block B. The proposed building also relates to the adjoining RFB and the RBF opposite the roadway.

2 Development on sites that either directly adjoin or are in the vicinity of a Heritage Item or an HCA is to have regard to:

vi) setting and context;

The context of the site is an interface between the 5 storey developments and the lower scale housing in Eulbertie. There will always be a conflict where buildings of higher scale adjoin lower scale residential development. However, the site would provide a transition in scale between the HCA and the existing RFBs.

1 The front setback of development adjacent to a Heritage Item or buildings within an HCA is to be greater than that of the Heritage Item or building within the HCA. Where variations in setbacks exist, the larger setback will apply

The front setback of Block B is about 2.2m forward of the front wall of the adjoining dwelling at No 9 Eulbertie Avenue. No 9 Eulbertie Avenue has an open flat roofed verandah extending forward of the main wall which appears to be an addition post 1943 (see attached 1943 aerial). Block B is roughly in line with the verandah of the adjoining dwelling. The SHI argues that the dwelling at No 9 Eulbertie Avenue is highly altered and has little heritage significance. However, the building is altered but still reads as a 1920s house. The main changes to the dwelling are to its north eastern elevation (opposite side of proposed development behind the building line) which includes a basement level garage and ground floor additions set well behind the main façade. Changes to the rear of the site are garden elements, including a pool and tennis court, which are commonly found in the HCA precinct. The flat roofed verandah is considered sympathetic to the dwelling. The building is currently painted although it is unknown if it was originally painted. The building is obscured from the street by a high masonry wall and existing vegetation. The wall along the front boundary is uncharacteristic but otherwise the building and vegetation contributes to the HCA. The houses further to the east are more original Inter War bungalows, with no obvious alterations and strongly contribute to the character of the HCA.

To fully comply with the required setback, the proposed building would need to be amended and set back further. Due to the isolation provided by the masonry wall, it is considered that mitigation of the setback can be achieved by providing sufficient landscape screening to the courtyards along the northern elevation of Block B. This issue has been discussed with the Landscape Assessment Officer and found to be acceptable, as is the variation.

2 All medium and high density development is to have a stepped facade to any common boundary with a Heritage Item or building within the HCA. The facade is to be stepped back above an 8m height from natural ground level as per Figure 20F.2-1. Facades greater than 8m high will not be permitted adjacent to a Heritage Item or building with an HCA.

3 In addition to the side and rear setback controls in Section A of this DCP, new development adjacent to a Heritage Item or building within an HCA, is to comply with the following:

i) adjacent development is to have a minimum 12m building separation to the Heritage Item (more if side setback requirements are not met within the 12m) as per Figure 20F.2-2;

The above controls are considered here in one response as the objectives are the same.

The setback of Block B above the 8m wall height along the north elevation facing the HCA is only 2.3m and less than that required in the DCP (6m). Similarly, the setback of Block C from the garage of the heritage item at No 2 Winton Street is less that required at 11m (12m is required) and the setback of the top floor above the 8m wall height is only about 2.3m (6m is required).

The objectives that underlie the controls ensure that new work respects the streetscape patterns through careful siting of new buildings, to ensure that new development provides a scale interface that preserves the amenity of the items and HCA and to ensure that new development does not dominate the item or HCA.

With respect to the adjoining heritage items, they are all sited with their main front to Winton Street. The dwelling at No 2 Winton Street is set back a considerable distance from the boundary of the subject site. The garage is located in its rear yard, very close to its boundary. The dwelling itself is well set back from its rear boundary. The location of the garage tends to reduce amenity impacts between the dwelling and the proposed townhouse development. However, as noted in the SHI, it will be possible to see the proposed building from within the rear rooms of the item. Mitigation would be dependent upon appropriate landscaping being achieved. Council’s Landscape Assessment Officer advised that sufficient landscaping is provided along the rear boundary of the subject site to achieve appropriate screening. In addition, the position of the courtyard to Unit 10 to the rear of the site reduces impacts on an existing mature tree. The courtyard in this position does not affect the heritage item at No 6 Winton Street as there is a tennis court located close to the boundary of the subject site and existing plantings.

Conclusion

The amended development achieves the setback provisions in the KDCP for rezoned sites adjoining heritage items and a HCA. Amendments to the landscaping plan and relocation of the courtyard to Unit 10 is proposed via a series of landscape conditions to mitigate these non-compliances.

In other respects the proposed development is considered satisfactory from a heritage perspective.

Photographic recording of the site is considered necessary before any future demolition works take place (Condition 13).

Urban design

Council's Urban Design Consultant assessed the amended proposal and commented as follows:

1. CONTEXT

There are no direct urban design impacts for the heritage items or heritage conservation areas arising from the built form of the proposed development.

The site layout results in 5 of the dwellings having a street address and a clear site strategy that complements the transition of urban character from new R4 development to the R2 heritage conservation areas.

1.1 Streetscape character

Ku-ring-gai’s existing and desired urban character is of buildings set within garden settings. This objective applies to all types of residential development.

Both the streetscape and internal site character are welcoming and ensure front setback, all side and rear setback zones are dominated by deep soil landscaping. Common areas of landscape are well located, generous and achieve a positive relationship with the built form.

1.2 Site layout

Proposed site layout is rational and achieves clear sightlines between each of the blocks and generally through the site from the street at the main pedestrian entry through to the rear boundary. Building separation is consistent with DCP requirements.

2. DENSITY

FSR is consistent with permitted density of 0.8:1.

2.1 Scale

The development is consistent with the intended scale for R3 development. The built form being expressed as three separate buildings and the individual articulation of each dwelling has resulted in a cohesive, well-proportioned development. The arrangement of the massing on site also responds to the scale of the heritage items to the east. Although R3 development will result in a building type that is different to that of the adjacent detached dwellings to the north, the proposed development is consistent with the typology intended for the site and does not present any unacceptable impacts upon the HCA.

2.2 Setbacks

The proposal satisfies the separations to the heritage items and the site layout results in and has sought to maximise the deep soil landscape zones around the perimeter of the site.

The site layout is acceptable. Further amendments have addressed potential privacy impacts to the R2 zone, the landscape character and heritage considerations from an and appear to have addressed issues to protect trees that currently form important elements in the landscape character both within the site and broader precinct.

3. LANDSCAPE AND OPEN SPACE

Generally, sufficient deep soil has been provided around the perimeter of the site to sustain larger trees and vegetation.

Trees 14, 16, 21, 22 and 23 in particular serve roles of creating the biodiversity significance (remnant canopy) and/or a treescape backdrop for the Winton Avenue heritage items when viewed from those properties and from the public domain, and/or provide visual screening to RFB development to the south and west of the subject site.

The BGHF component should be either retained and enhanced (consistent with the ecological obligations) but also to ensure any removal of trees does not result in longer term impacts to the treescape setting for the heritage items and HCAs neighbouring the site. Protecting the trees will achieve the intended landscape character that respects the heritage items and HCA and satisfies DCP objectives for buildings within a landscape setting.

The recent amendments have addressed the tree protection from to achieve treescape setting for the heritage items and visual screening of the RFB development when viewed from Winton Avenue.

3.1 Communal open space

Communal open space is not a requirement for this development.

3.2 Deep soil

Satisfies DCP requirements.

3.3 Fencing

The internal site character has been improved by removing some of the ramping so that additional internal landscaping can be achieved. This landscaping has achieved a good balance of private and communal ownership that will ensure its quality can be controlled over the long term, and not overly dependant upon the interest and diligence of individual owners to maintain.

3.4 Access ramps and landscape character

The use of ramps has been rationalised to achieve a generally pleasant internal landscape character.

3.5 Accessible paths

Amendments to the pathways to THs 12, 13 and 14 now provide required access for visitable dwellings.

4. BUILDING DESIGN AND AMENITY

The layouts of individual townhouses are efficient and comfortable with good cross ventilation and access to natural light on all levels.

4.1 Solar access

THs 04 and 11 to 14 do not appear to achieve adequate solar access to the main ground level living areas and private open space. However, the top floor living area provides solar access that compensates for the shortfall and is otherwise satisfactory.

4.2 Adaptable housing and housing choice

SEPP 65 does not apply to this development. Therefore, there may be universal housing dwellings provided that are not required under Ku-ring-gai’s DCP.

Amendments have removed all winder stair types or where retained, provide a lift for vertical circulation.

Ecology:

Council's Ecological Assessment Officer assessed the amended proposal and commented as follows:

The BGHF within the site has been mapped as a “Landscape Remnant” under the KLEP DCP 2015.

The proposal will result in the removal of T21 a Sydney Blue Gum (Eucalyptus saligna) which form part of the onsite BGHF community.

A flora and fauna investigation and assessment of the proposal upon threatened species, endangered ecological communities and endangered populations has been prepared by Keystone Ecological.

An impact assessment (7-part test) has been prepared in accordance with section 5a of the Environmental Planning & Assessment Act 1979 to assess the impacts of the proposal upon the BGHF community. The impact assessment concludes that the proposed development will not result in a significant impact upon the BGHF community.

Council’s DCP requires the retention of trees which form part of category “Landscape Remnant”.

However, the arborcultural assessment submitted with the application and as accepted by Council’s Landscape Assessment Officer, concludes that Tree 21 has only 5-15 years safe life use expectancy. Given this is substantial justification for the tree to be removed, its removal is acceptable and not assessed as having a significant impact on the critically endangered ecological community.

The proposal is acceptable subject to Condition 6 which requires provision of nest boxes on site to offset the loss caused by the tree’s removal.

Statutory Provisions

Acts

The proposal is “Local Development” under Part 4 of the Environmental Planning and Assessment Act, 1979, as amended, and requires development consent.

The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the regulations and policies are addressed below. The likely impacts, suitability of the site and public interest are also addressed. It is noted that neither the site or development is subject of a voluntary planning agreement.

State Environmental Planning Policies

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

The aim of SEPP 55 is to reduce the risk of harm to human health or any other aspect of the environment arising from contaminated land. The land has been historically used for residential purposes and unlikely to contain any contamination. No further investigation is considered necessary.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A valid BASIX Certificate was submitted in accordance with requirements in SEPP BASIX and the EP&A Regulation 2000. The BASIX commitments are incorporated in to the drawings and are achievable, subject to Condition 76.

State Environmental Planning Policy (Sydney Harbour Catchment) 2005

Matters for consideration under SREP 2005 include biodiversity, ecology and environmental protection, public access to and scenic qualities of foreshores and waterways, maintenance of views, control of boat facilities and maintenance of a working harbour. The proposal is not in close proximity to, or within view, of a waterway or wetland and is considered satisfactory. Water re-use measures will minimise the impact on downstream waterways.

Local content

Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015)

Zoning and permissibility

The site is located within the R3 Medium Density Residential zone. The proposed development is characterised as ‘multi dwelling housing’, and permissible with development consent.

Residential zone objectives

The objectives for the R3 Medium Density Residential zone are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To provide a transition between low density residential housing and higher density forms of development.

The proposal contributes to housing stock by providing an appropriate town house development suitably located between low and high density sites. The development is consistent with the objectives of the R3 Medium Density Residential zone.

Development standards

Development standard	Proposed	Complies
4.3 Height of buildings: maximum 11.5m	10.5m	YES
4.4 Floor Space Ratio: maximum 0.8:1	· GFA – 2430m² · FSR - 0.8:1	YES
6.6 Requirements for multi dwelling housing and residential flat buildings:
Minimum lot size - 1,200m²	3,394m²	YES
Minimum lot width – 24m	50.235m	YES
Minimum lot depth – 24m	54.855m	YES

Clause 5.9 Preservation of trees or vegetation

The proposal involves the retention of 22 trees within the site and the removal of 15 trees from the site. The impacts of the proposal on the trees to be retained have been assessed as acceptable, subject to conditions for protection measures to be implemented. The proposed tree removal is acceptable given that the trees do not have broader landscape significance or are have been identified to be in poor health. It is proposed to replenish the site with new canopy trees and vegetation.

The development is consistent with the objectives of the clause to preserve trees and other vegetation that contribute to the amenity of the area.

Clause 5.10 Heritage conservation

The site is not a heritage item and is not located within a heritage conservation area. The proposed works do not affect any archaeological or Aboriginal objects or Aboriginal places of heritage significance.

The site adjoins at the rear locally listed heritage items at 2, 4 and 6 Winton Avenue, Warrawee.

The proposal has been assessed by Council’s Heritage Advisor as having adequate visual separation and acceptable impacts on the curtilage of the local items and on the HCA.

The development maintains the views and setting of the heritage item and is consistent with the provisions of Clause 5.10.

Clause 6.2 Earthworks

The application involves earthworks, including excavation for the basement level.

The proposed excavation facilitates the provision of a basement level for required parking and ancillary areas and the retaining walls facilitate level courtyard areas for the townhouses.

The proposed earthworks are considered to be consistent with the provisions for the following reasons:

· the earthworks do not cause disruption of drainage patterns and soil stability or impacts on, any waterway, drinking water catchment or environmentally sensitive area

· the earthworks facilitate redevelopment of the land for residential purposes

· the earthworks do not adversely impact on the existing amenity of adjoining properties

· the excavated material is to be reused on site for cut and fill landscaping and the remaining material is to be appropriately disposed of

· given the developed residential context, it is unlikely that the proposed excavation will disturb relics

· a condition is recommended to ensure that the site is stabilised during construction works mitigating the potential impacts of soil erosion (Condition 17).

Clause 6.5 Stormwater and water sensitive urban design

The application involves the collection and discharge of all roof water to a combined below ground on-site detention tank and retention tank and discharge to the street. The application also involves the provision of water quality measures consistent with KDCP 2015 controls. The proposed water management measures are incorporated into the design and achieve the BASIX water commitments and KDCP 2015 controls. It is considered that the development incorporates water sensitive urban design principles and is consistent with the objective of the clause to minimise the adverse impacts of urban stormwater.

Policy provisions

Ku-ring-gai Development Control Plan 2016 (KDCP 2015)

Ku-ring-gai Development Control Plan 2016 was amended and came into effect on 24 June 2016. The DCP replaced the Ku-ring-gai Development Control Plan 2015. As the DA was lodged prior to 24 June 2016, it has been assessed against the controls of KDCP 2015.

COMPLIANCE TABLE
Development control		Proposed	Complies
Section A
Part 2 Site Analysis
Development applications are to contain a site analysis, site plan and statement of environmental effects that show how the proposed development responds to the site analysis.	A satisfactory site analysis, site plan and statement of environmental effects were provided with the application.			YES
Part 6 Multi-Dwelling Housing
Part 6A Site Design
6A.1 Site Layout
Site layout is to respond to the site analysis in Part 2 of this DCP.	The layout of the development on the site responds to the site analysis by addressing the street and orientating the majority of the dwellings towards to the north.			YES
Any dwelling with a frontage to the street (including a secondary street) is to address the street.	Dwellings address the street.			YES
Hard surfaces are to be minimised to maximise opportunities for landscaping.	The application has been amended to ensure that pathways are minimised within the street frontage and around the site to maximise landscaping.			YES
Long straight driveways will not be permitted. Buildings and fences are to be staggered.	The proposal does not involve a long straight driveway. The building and front fencing aligns parallel to the street boundary.			YES
Provide a single pedestrian entry from the street. A second entry may be permitted where several dwellings address the street along an extended street frontage.	Two pedestrian access points are proposed, providing access to the rear dwellings and those that face the street.			YES
The preferred layouts for multi-dwelling housing development are shown in Figures 6A.1-1 to 6A.1-3.	The proposal is generally consistent with the suggested site layout for sites with a frontage in excess of 25m.			YES
6A.2 Building Setback
Street setback
A minimum of 10m from the primary street boundary.	Front Setback – 10m			YES
The building line to any street is to be parallel to the prevailing building line in the streetscape.	The building line is parallel to the prevailing building line in the streetscape.			YES
Side and rear setbacks
A minimum setback of 3m is to be provided from any side boundary.	Northern setback – minimum 7m Southern setback – minimum 3m			YES YES
Where the dwellings are orientated towards side boundaries, the setback is to be at least 6m.	Northern setback – 7m			YES
A minimum setback of 6m is to be provided from the rear boundary.	Rear setback – 7.2m			YES
Driveways are to be set back a minimum of 3m from the side boundary to allow for deep soil planting.	Driveway setback >3m			YES
Setback areas are not to be used for at grade parking.	The setback area is not proposed not be used for at grade parking.			YES
Basement areas are to meet the street and rear setback requirements and be a minimum of 3m from any side boundary.	>3m to side and rear boundary			YES
Encroachments
Ground floor private terraces/courtyards may encroach into the setback areas. The following minimum setback to the courtyard wall are to be retained to allow deep soil planting within the adjoining common areas: · 8m from the primary street boundary; · 4m from the secondary street boundary; · 3m from any side boundary; and · 4m from the rear boundary;	· Primary street boundary – 8m · North side boundary – 3m			YES
Ground floor private terraces/courtyards may encroach into the side setback only where the deep soil landscaping requirements are met.	The courtyards encroach into the northern side setback area; deep soil requirement met.			YES
No more than 15% of the total area of any street setback is to be occupied by private terraces/courtyards.	<15% of the street setback is occupied by the entry terraces.			YES
The following elements may also encroach into the setback areas, where they do not increase the apparent bulk of the building: · eaves; · open pergolas; · blades, fins, columns.	The portico is within the front setback and is considered an acceptable encroachment as it is an open entry structure within a landscape setting and does not increase the apparent bulk of the building.			YES
6A.3 Building Separation
The minimum separation between residential buildings on the development site and any adjoining site is to comply with the following: Up to 2^nd storey · 3m between non-habitable rooms; · 6m between habitable rooms/balconies, and all other cases. 3^rd storey · 12m between habitable rooms/balconies; · 7m between habitable room/balcony and non-habitable room; · 3m between non-habitable rooms.	6m building separation to the ground and first floor and 7m separation between habitable room/balcony and non-habitable room and 12m separation between habitable rooms/balconies			YES
6A.4 Site coverage
The site coverage for multi dwelling housing may be up to a maximum 40%, provided that the deep soil landscaping requirements can be met.	40% site coverage proposed			YES
6A.5 Deep soil landscaping
Design
Multi-dwelling housing development is to have a minimum deep soil landscaping area of 40% of the site – 637sqm. A maximum of one third of the principal private open space area may be counted as deep soil landscaping.	40% deep soil proposed			YES YES
Deep soil zones are to be configured to retain healthy and significant trees on the site and adjoining sites, where possible.	The deep soil zones are appropriately configured.			YES
Adequate deep soil areas for tree and screen planting are to be provided: · to all side boundaries; · of a minimum width of 4m along the rear boundary. This is to be within the common area.	Deep soil zones are provided to all side boundaries with 6m along the rear boundary. These areas are allocated as common areas.			YES
To maximise deep soil landscaping areas, driveways and on-site vehicle turning areas are not to dominate the street setback zone.	The driveway does not dominate the street setback.			YES
Tree replenishment and planting
Lots are to support a minimum of 1 tall tree per 350sqm of site area or part thereof, attaining a mature height of at least 13m on shale, transitional soils or 10m on sandstone derived soils.	A minimum of 10 trees are proposed.			YES
In addition to the tall trees, a range of medium trees, small trees and shrubs are to be selected to ensure that vegetation is predominantly in the view of buildings.	The landscape design is acceptable.			YES
Use of locally occurring and other native species is to be maximised. At least 50% of all tree planting chosen are to be locally occurring trees and spread around the site.	The landscape design is acceptable.			YES
6B Access and Parking
6B.1 Vehicle Access
Driveways are to be located at least 3m from any side boundary and be separated from the boundary by a continuous landscaped verge and screen planting.	>3m from the side boundary			YES
Not more than one driveway is to be established on any property.	One driveway is proposed.			YES
Driveways are to be designed to avoid a straight, long gun barrel appearance by using appropriate landscaping and variations in alignment. Where parking is provided at grade, driveway areas are to be softened with landscaping. This may be a mix of continuous landscaping and landscape islands.	The driveway does not adopt a straight, long gun barrel appearance.			YES
On-site vehicle turning areas are to be designed to permit turning in a single reversing movement.	A single reversing movement is available.			YES
On-site vehicle turning areas are to be located within the basement or concealed from the view of the public domain.	The on-site vehicle turning area is located within the basement.			YES
Where a waste and recycling room is provided within a basement, the minimum finished ceiling height is to be 2.6m along the path of travel from the street to the residential waste collection and manoeuvring area. This clearance is to be kept free of any overhead ducts, services or other obstructions.	A 2.6m clearance is provided.			YES
6B.2 Car Parking Provision
Car parking design
To maximise landscaping area, basement car park areas are to be consolidated under building footprints. Note: Basements may be permitted to extend under the space between buildings on the site provided deep soil landscaping controls are met.	The basement is consolidated under building footprint.			YES
The basement car park is not to project more than 1m above the existing ground level.	The basement projects more than 1m above ground level.			NO
Wherever possible, direct access to the entry of dwellings is to be provided from basement car parks.	Direct access is provided.			YES
Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1.	Council’s Development Engineer is satisfied that the car parking complies.			YES
Garages are to be integrated within the building and located behind the building line.	The garages are internally integrated into the basement and not visible from the street. The opening to the basement is 3.7m wide via Condition 3.			YES
Car parking rates
Car parking is to be provided in accordance with the parking rates in Part 23R.2: · 14 x 3/4 bedroom dwellings = 14 x minimum 1.5 spaces/unit = 21 spaces · 14 dwellings - visitor space/4 dwellings = 4 visitor spaces · Total parking spaces minimum required = 25 spaces	32 off-street parking spaces are provided inclusive of 14 “double” garages and 4 visitor spaces within the basement.			YES
At least one visitor car space is to be provided within the site for every 4 dwellings or part thereof.	4 visitor spaces are provided.			YES
At least one visitor parking space is to be adaptable by complying with the dimensional and locational requirements of AS2890.6.	One adaptable visitor parking space is provided.			YES
One visitor parking bay is to be provided with a tap, to make provision for on-site car washing.	One temporary parking space/carwash bay is provided.			YES
A clearly signposted space for temporary parking of service and removalist vehicles is to be provided. The space is to have a minimum dimension of 3.5m x 6m and a minimum manoeuvring area 7m wide. Where a separate space is not provided, one of the visitor spaces may be used, where it meets these dimensions.	A temporary parking space for service and removalist vehicles is provided.			YES
6B.3 Bicycle Parking Provision
Where basement parking is provided, the following rates of secure bicycle parking spaces and storage on site are required: · 1 bicycle parking space per 5 units or part thereof for residents within the residential car park area; and · 1 bicycle parking space (in the form of a bicycle rail) per 10 units or part thereof for visitors within the visitor car park area.	Adequate basement storage is provided for bicycles.			YES
6C Building Design and Sustainability
6C.1 Communal Open Space
Where more than 10 dwellings are proposed that do not address the street, communal open space is to be provided in accordance with the controls in this Part.	The proposal involves less than 10 dwellings that do not address the street. Communal open space is not required.			N/A
6C.2 Private Open Space
Multi-dwelling housing development is to provide a minimum (internal dimension) of 35sqm of private open space per dwelling at ground floor, and must ensure: · a single space of minimum 25sqm with a minimum internal dimension of 4m and direct access from a living area of the dwelling is provided; and · the remaining spaces have a minimum internal dimension of 2m.	All dwellings provide a single space of minimum 25sqm. All dwellings provide a minimum private open space of 35sqm.			YES
All private open space area requirements are exclusive of any areas for the provision of services, eg. air conditioning units.	The private open space areas are exclusive of any services.			YES
The primary private open space is to have direct access from the main living areas.	Direct access is provided.			YES
Private open space (outdoor) for ground dwellings is to be differentiated from common areas by: · a change in level; and/or · screen planting, such as hedges and low shrubs; and/or · a fence/wall to a maximum height of 1.8m. Any solid wall component is to be a maximum height of 1.2m with at least 30% transparent component above. A gate is to be provided to common areas.	The courtyards are differentiated from the common areas around the perimeter of the site by an open low fence and screen planting.			YES
A water outlet is to be provided to the primary private open space.	A condition is recommended to require a water outlet in the primary private open space (Condition 3).			YES
6C.3 Solar Access
Buildings are to be oriented to optimise the northern aspect.	The dwellings are orientated to the north or north west.			YES
Dwellings are to receive a minimum of three hours direct sunlight to at least one living room and the primary private open space between 9am and 3pm on 21st June.	All dwellings receive a minimum of 3 hours direct sunlight to at least one living room and the courtyards between 9am and 3pm on 21st June.			YES
Use light shelves, reflectors, lightwells, skylights, atriums and clerestories where possible to maximise the quantity and quality of natural light within internal areas.	None proposed.			N/A
The use of lightwells/skylights as a primary source of daylight in habitable rooms is prohibited.	None proposed.			N/A
All development is to allow the retention of at least three hours of sunlight between 9am and 3pm on 21st June to the living areas and the principal portion of the private and communal open space of: · existing residential flat buildings and multi-dwelling housing on adjoining lots; and · any residential development in adjoining lower density zones. Where existing overshadowing by buildings is greater than this, sunlight is not to be reduced by more than 20%.	The proposal maintains at least 3 hours of sunlight between 9am and 3pm on 21st June to the living area windows and balconies on the northern façade of the existing residential flat building at 1-3 Eulbertie Avenue.			YES
Overshadowing is not to compromise the development potential of the adjoining under-developed site(s).	The adjoining R4 site is already developed.			YES
Developments are to allow the retention of a minimum of 4 hours direct sunlight between 9am to 3pm on 21st June to all existing neighbouring solar collectors and solar hot water services.	The proposal does not overshadow neighbouring solar collectors and solar hot water services.			YES
Sun Shading
All developments are to utilise shading and glare control. Design solutions include: · providing external horizontal shading to north-facing windows, such as eaves, overhangs, pergolas, awnings, colonnades, upper floor balconies, and/or deciduous vegetation; · providing vertical shading to east and west windows, such as sliding screens, adjustable louvres, blinds and/or shutters; · providing shading to glazed and transparent roofs; · using low glare high performance glass with an overall 3 star Window Energy Rating Scheme rating (refer to www.wers.net); · using glass with reflectance below 20%. All shading devices are to be integrated into the building façade design.	Shading and glare control are integrated into the building facade.			YES
6C.4 Natural Ventilation
All habitable rooms are to have windows or doors that can be opened and closed.	Operable windows and doors are provided.			YES
All dwellings are to have natural cross ventilation.	All dwellings are naturally cross ventilated.			YES
At least 25% of all kitchens are to be immediately adjacent to an operable window.	6 of 14 dwellings (42%) have kitchens that are immediately adjacent to an operable window.			YES
The building layout and section design are to increase the potential for cross ventilation.	All dwellings have a narrow depth and dual aspect with minimal interruptions and achieve natural cross ventilation which is an optimal outcome.			YES
Doors and operable windows are to be selected to maximise natural ventilation opportunities.	Sufficient openings of varied sizes are provided to maximise natural ventilation opportunities.			YES
All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights.	The proposal does not rely on skylights as a primary source of ventilation.			YES
6C.5 Dwelling Depth, Width and Room Size
The maximum internal plan depth of a dwelling is to be 14m from glass line to glass line.	The maximum internal plan depth is less than 14m.			YES
Each dwelling is to have a minimum dimension of 4m.	Minimum dimension of 4m is provided.			YES
Living areas must have a minimum internal plan dimension of 4m.	Minimum dimension of 4m is provided.			YES
Multi-dwelling housing development with two bedrooms is to have a minimum internal plan dimension of 3m (excluding wardrobe space) in all bedrooms.	Minimum dimension of 3m is provided.			YES
Multi-dwelling housing development with three or more bedrooms are to have at least two bedrooms with a minimum internal plan dimension of 3m (excluding wardrobe space).	Minimum dimension of 3m is provided.			YES
Built in wardrobes are to be provided: · to all studio apartments; · to all bedrooms in one and two bedroom apartments; · to at least two bedrooms in apartments of three or more bedrooms.	Built in wardrobes with a minimum depth of 600mm have been provided.			YES
6C.6 Dwelling Mix
All multi-dwelling housing developments are to contain at least one dwelling for each 10 dwellings or part thereof designed as adaptable housing in accordance with the provisions of AS4299-1995: Adaptable Housing Class C.	Two adaptable dwellings are provided (Dwellings 10 and 14).			YES
6C.7 Building Entries
The entry path is to be directly accessible and visible from the street.	The main entry path is defined by a portico and directly accessible from Eulbertie Avenue			YES
Building entry is to be integrated with building facade design. At street level, the entry is to be articulated with awnings, porticos, recesses or projecting bays for clear identification.	The entry at street level is provided through a portico.			YES
On large development sites comprising multiple building blocks, clear entries, sightlines and way-finding signs are to be provided.	The development is suitably configured in that regard.			YES
All entry areas must be well lit and designed to avoid any concealment or entrapment areas. All light spill is prohibited.	The entry area does not contain concealment or entrapment areas.			YES
6C.8 Building Facades
Building length is not to exceed 36m.	Maximum length of each building block does not exceed 36m.			YES
All building facades are to be modulated and articulated with wall planes varying in depth by not less than 0.3m. Where external walls are longer than 12m, the building alignment is to be stepped by a minimum 0.6m articulation (projection or indentation) in the facade. This can be achieved through the following: · expressing building layout or structure, such as vertical bays or party walls; · expressing the variation in floor to floor height, particularly at lower levels; · using a variety of window types to create a rhythm or express the building uses; · using recessed balconies and deep windows to add visual depth; and/or · using change of texture and colour.	The proposed development is simple in its architectural form and well-articulated.			YES
Building facades are to be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls.	The building facades integrate eaves and overhangs as environmental controls.			YES
All building elements including shading devices and awnings are to be coordinated and integrated within the overall facade design.	All building elements are coordinated and integrated with the overall facade design.			YES
When individual air conditioning units are used, they are not to be located on the building facade or on balconies or terraces.	The air conditioning units are located within the basement.			YES
Balconies that run the full length of the building facade are not permitted.	No balconies that run the full length of the building façade are proposed.			YES
Balconies are not to project more than 1.2m from the outermost wall of the building facade.	The balconies within the development do not project beyond the building façade.			YES
Blade walls are not to be the sole element used to provide articulation.	Blade walls are not the sole element used to provide articulation.			YES
6C.9 Top Storey Design and Roof Forms
Where a third storey is proposed, the gross floor area of the top storey of a multi-dwelling housing development is not to exceed 60% of the gross floor area of the storey immediately below it.	Each top storey is ≤60% of the storey immediately below it.			YES*
Where the third storey is not incorporated within the roof form, it is to be set back from the outer wall of the floor below on all sides.	Setback from all outer walls.			YES
Attics are permissible subject to being within a hipped or gabled roof where the maximum roof pitch is 35o. They are to be designed to fit within the building envelope (with the exception of dormer windows) and are not to increase the bulk and height of the roof.	N/A.			YES
Dormer windows which are no higher than the height of the main roof of the building, and no greater than 1.5m in width, may be included.	N/A.			N/A
Service elements such as drainage pipes and communication devices are to be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development.	The services are integrated into the building.			YES
Roof design is to respond to solar access, for example, by using eaves and skillion roofs.	Roof design responds to solar access.			YES
Roof forms are to be modulated or broken, especially for long facades.	Roof design is modulated.			YES
Where solar panels are provided they are to be integrated into the roof line.	None proposed.			N/A
Lightweight pergolas, privacy screens and planters are permitted on roof terraces, provided they do not increase the bulk of the building or create visual clutter.	None proposed.			N/A
6C.10 Internal Ceiling Heights
All multi-dwelling housing developments are to comply with the following minimum ceiling heights, measured from finished floor level (FFL) to finished ceiling level (FCL): · 2.7m for all habitable rooms; · 2.25m for all non-habitable rooms.	Minimum 2.7m is provided.			YES
6C.11 Visual Privacy
Buildings are to be designed to ensure privacy. In addition to design options outlined in Part 24.6, design measures may also include: · off-setting balconies in relation to adjacent balconies; · using recessed balconies and/or vertical fins between adjacent private balconies; · using louvres/screen panels to windows and balconies; · incorporating planter boxes into walls or balustrades to increase the visual separation between areas; · utilising pergolas or shading devices to limit overlooking of lower building levels or common and private open space.	Suitable visual privacy is achieved through: · The development is separated by more than 12m from the principal living areas of neighbouring properties. · Where balconies are provided to the upper levels on the side and rear elevations that overlook neighbouring properties, they are set back further than the minimum set back prescribed by the DCP and at or below a depth of 1.5m, limiting their useability. · Existing and proposed screen landscaping within the side and rear boundary setback will minimise privacy impacts. · Fin walls and 1.8m high privacy fences are provided between private courtyards.			YES
Continuous transparent balustrades are not permitted to balconies/terraces.	No continuous transparent balustrades are proposed.			YES
Screening between dwellings is to be integrated with the overall building design.	Screening devices are integrated into the design of the building.			YES
Landscaped screening is to be provided to adjoining site(s).	Landscape planting is proposed adjacent to the site boundaries.			YES
6C.12 Storage
Storage space are to be provided at the following minimum volumes: · 12m3 for dwellings with three or more bedrooms	Minimum 12m3 for each dwelling is provided within the dwellings and basement.			YES
6C.13 External Air Clothes Drying Facilities
Provide one external air clothes drying area for each dwelling.	An external air drying area is capable of being provided within the private open space of each dwelling.			YES
6C.14 Fencing
Front fences and walls (to a public street) and side fences in the street setback are not to be higher than: · 0.9m if of closed construction (such as masonry, lapped and capped timber or brushwood fences); or · 1.2m if of open construction (such as open paling and picket fences).	Proposed front fence is 1.2m high palisade fence.			YES
Fences and walls are to step down and follow the natural contours of the site.	The front fence is proposed to step down and follow the natural contours of the site.			YES
Hedges and shrub planting are desirable but no higher than 1.2m along the entire front boundary.	New hedge planting is proposed behind the new fence.			YES
All fencing is to be designed to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas.	The fencing is compatible.			YES
External finishes for fencing is to be robust and graffiti resistant.	The external finish is masonry and metal.			YES
Part 13 Tree and Vegetation Preservation
13.1 Tree and Vegetation Works
The injury of any tree or other vegetation protected under this DCP is prohibited without the written consent of Council.	The proposal involves the removal of 10 trees. Council’s Landscape Officer is satisfied that the proposal will retain and protect vegetation worthy of protection.			YES
Section B
Part 15 Site Design for Water Management
15.3 Locating the Development on Site
The development must not be located so as to impede, divert or increase the rate or concentration of stormwater flow across a boundary onto adjoining private property (eg. by placing a solid wall along a boundary).	Council’s Development Engineer is satisfied that the development complies with the control.			YES
Sufficient space must be allowed on the property for the installation and operation of water management measures as required in this Part and Part 25 of this DCP.	The proposal integrates water management measures on the site.			YES
No more than 10,000 litres of rainwater tank storage may be located above ground.	The common rainwater tank system is located below ground.			YES
Stormwater management devices such as on site detention systems and large water tanks, should be located within the basement or beneath other impermeable areas. eg - driveways.	The proposed on site detention system and retention tank is located within the basement.			YES
Where there is more than one dwelling, stormwater management devices should be located in common areas.	The stormwater management devices are located in common areas.			YES
The stormwater management system must not result in changes to the existing ground levels within the dripline of trees to be retained.	The proposed stormwater infrastructure does not result in changes to the existing ground levels within the dripline of the street trees.			YES
Part 16 Land Contamination
The site may be considered ‘potentially contaminated land’, and have requirements for development applications and remediation works on contaminated land.	Not considered to be potentially contaminated land.			N/A
Part 20 Heritage and Conservation Areas
Ensure new development in the vicinity of Heritage Items respect the heritage context and is sympathetic in terms of form, scale, character, bulk, orientation, setback, colours and textures and does not mimic or adversely affect the significance of Heritage Items and their settings.	The proposal has been assessed by Council’s Heritage Advisor as having adequate visual separation and minimal impacts on the curtilage of the heritage listed properties and 2- 6 Winton Road.			YES
Section C
Part 22 General Site Design
22.1 Earthworks and Slope
Development must be accommodated within the natural slope of the land. Level changes across the site are to be primarily resolved within the building footprint.	The site experiences a slope from the higher rear boundary to the low front boundary. The level change is resolved through the design of the building with internalised stepping down the site.			YES
Landscape cut or fill should not be more than 600mm above or below natural ground line.	The landscape cut and fill is generally no more than 600mm above or below natural ground line.			YES
A minimum 0.6m width is required between retaining walls to provide adequate soil area and depth to ensure that they do not read as a single level change, and for the viability of landscaping.	Greater than 0.6m width is provided between retaining walls.			YES
Existing ground level is to be maintained for a distance of 2m from any boundary.	Existing ground level is generally maintained for a distance of 2m from all boundaries.			YES
Retaining walls, excavated and filled areas shall be located and constructed to have no adverse impact on: · structures on adjacent public or private land; · trees to be retained on site or on adjoining sites.	Retaining walls, excavated and filled areas have no adverse impact on structures on adjacent public or private land or trees to be retained on site or on adjoining sites.			YES
22.2 Landscape Design
To ensure landscape design contributes to the landscape character of Ku-ring-gai.	Council’s Landscape Officer has assessed the landscape plan and is satisfied that the design and plantings are acceptable.			YES
Part 23 General Access and Parking
23.1 Equitable Access
Applications must demonstrate how access to and within development meets the requirements of the Disability Discrimination Act 1992 (DDA).	An access report was submitted demonstrating that access to and within development meets the requirements of the Disability Discrimination Act 1992 (DDA). Conditions are recommended to ensure equitable access is provided (Condition 32).			YES
Entry access ramps for people with a disability must be located within the site and must not dominate the front façade.	Proposed entry access ramps do not dominate the front façade.			YES
Building entries are to be clearly visible from the street. Where site configuration is conducive to having a side entry, the path to the entry must be obvious from the street.	The building entry is clearly visible from the Street frontage.			YES
Ensure pedestrian areas have clear sightlines, are appropriately lit and overlooked by buildings that provide street level activity.	The pedestrian areas have clear sightlines within the site and to the street.			YES
Access ways for pedestrians and for vehicles are to be separated.	Access for pedestrians and vehicles are separated.			YES
23.2 General Vehicle Access
Car park entry and egress, for developments other than low density residential, must be provided from secondary streets or lanes where these are available.	Council’s Development Engineer is satisfied that the proposed vehicular access has been adequately designed to achieve the control requirements.			YES
Vehicle access driveways must be set back a minimum of 10m from street intersections or as specified in Clause 3.2.3 of AS2890.1 (whichever is the greater). Refer to Figure 23.2-1.	The driveway is set back greater than 10m from the intersection.			YES
Vehicle and pedestrian access to buildings must be separated and clearly distinguished. Vehicle access must be located a minimum of 3m from pedestrian entrances. Refer to Figure 23.2-1.	Vehicle and pedestrian access is separated.			YES
Provide clear sight lines at pedestrian and vehicle crossings.	Clear sight lines are provided.			YES
Driveway width – 3.7m – 6m	The driveway width is 3.6m into the basement and 6.1m through the site. Councils development engineer is satisfied with this arrangement.			YES
Vehicles must be able to enter and leave the site in a forward direction.	The arrangement of the basement enables vehicles to enter and exit in a forward direction.			YES
Vehicle entries and service areas are to be set back or recessed from the main facade line and integrated into the overall façade design, so as not to dominate the building elevation.	The entry is recessed and service areas contained within the basement.			YES
Service ducts, pipes and storage facilities must not be visible from the street.	The development has been suitably arranged in this regard.			YES
23.3 Basement Car Parking
A logical and efficient structural grid must be provided to the basement car park areas.	Council’s Development Engineer is satisfied that the proposed vehicular access has been adequately designed to achieve the control requirements.			YES
The minimum height between floor level and an overhead obstruction is to be 2.2m, except for the following: i) 2.5m for parking area for people with a disability; ii) 2.6m for residential waste collection and manoeuvring area; and	Minimum clearances are provided.			YES
Where natural ventilation is not possible, a ventilation system for the basement car park is to be provided and designed in accordance with AS1668.2 The use of ventilation and air conditioning in buildings - Ventilation design for indoor air contaminant control. Monitoring of CO2 and variable speed fans are to be provided with any basement car park mechanical ventilation systems.	A condition is recommended for a ventilation systems to be provided and designed in accordance with AS1668.2 The use of ventilation and air conditioning in buildings - Ventilation design for indoor air contaminant control (Condition 87).			YES
Unimpeded access to visitor parking and waste and recycling rooms located within a secure basement parking must be maintained.	A condition is recommended for intercom access (Condition 3).			YES
Vehicle access ways to basement car parking must not be located in direct proximity to doors or windows of habitable rooms.	Doors or windows of habitable rooms do not affect the operation of the driveway.			YES
Where visitor parking is situated behind a security screen or grille, intercom access for visitors must be provided in a safe location within the driveway.	A condition is recommended (Condition 3).			YES
23.4 Visitor Parking
Where visitor parking is required by this DCP, the spaces are to be provided on site and clearly marked.	Complying visitor parking provided.			YES
23.5 Parking for People with a Disability
Accessible car parking spaces are to be level and have a continuous path of travel to the building’s principal entrance or lift.	Complying accessible parking capable of being provided, a condition is recommended (Condition 39).			YES
23.7 Bicycle Parking and Facilities
Bicycle parking and storage facilities are to be designed in accordance with AS2890.3 .	Bicycle parking has been designed to satisfy the control.			YES
Part 24 General Building Design And Sustainability
24.3 Building Services
All applicants must consult with service providers such as energy, electricity, gas, water, telephone and fire.	A condition is recommended to ensure that service and utilities are contacted prior to issue of a construction certificate (Conditions 41 and 42).			YES
Services and structures required by the providers are to be located within basements, or concealed within the facade, with appropriate access.	Services and structures are capable of being located within the basement or concealed within the façade.			YES
Ventilation stacks are to be concealed within the building. Where they exhaust at street level (eg. from basements) they should be integrated within the design of the site.	Ventilation is integrated within the building.			YES
With the exception of dwelling houses, all buildings must accommodate proposed or future air conditioning units within the basement or on rooftops, with provision of associated vertical/ horizontal stacks to all sections of the building.	The air conditioning units are located within the basement.			YES
Air conditioning units located on the roof will only be permitted where they are well screened, integrated into the building form and do not result in adverse noise impacts on neighbouring occupants.	No air conditioning units are located on the roof.			N/A
24.4 Waste Management
All waste and recycling storage containers must be stored within the boundary of the subject site.	All waste and recycling storage containers are to be stored within the boundaries.			YES
24.5 General Acoustic Privacy
Development is to be designed to minimise the impact of external noise sources (eg busy roads, railways, swimming pools, heavy vehicle entries) on the internal and external spaces used by occupants.	An Acoustic Report prepared by Acoustic Logic was submitted outlining construction measures necessary to minmise noise intrusion and meet maximum noise criteria. A condition is recommended to ensure that the development satisfies maximum noise criteria (Condition 90).			YES
Balconies and other external building elements are to be designed and located to minimise infiltration and reflection of noise onto the facade.	The balconies are recessed and/or located to minimise reflection of noise onto the façade.			YES
When designing and siting active open space areas (eg BBQ areas, swimming pools, communal areas etc) regard must be paid to potential noise impacts on adjacent rooms and buildings, such as bedrooms.	No communal open space.			N/A
The noise level from air conditioning systems is not to exceed the Laeq 15 minute by 5dBA measured at any bedroom window.	A condition is recommended to ensure that noise from plant and ventilation systems does not exceed maximum criteria (Conditions 90).			YES
24.6 General Visual Privacy
Private open spaces and principal living spaces of the proposed dwelling/s and adjacent dwellings are to be protected from direct or unreasonable overlooking.	The private open spaces and principal living spaces of the adjacent dwellings and units protected from overlooking through a combination of separation, fencing and screen landscaping.			YES
24.7 Sustainability of Building Materials
Development proposals must consider the following in the selection of building materials: · recycled or recyclable materials with low embodied energy; · materials that come from renewable sources; · materials that generate a lower environmental cost over time; · materials with a low life cycle cost and/or high durability; · production methods with a low environmental impact.	The building is constructed from the following building materials, concrete, brick and tiles. These materials are considered to have low embodied energy and high durability.			YES
24.8 Materials and Finishes
External walls must be constructed of high quality and durable materials and finishes.	The external walls are rendered and painted brick.			YES
Large, unbroken expanses of any single material and finish (rendered or not) to building facades must be avoided.	No large unbroken expanse of a single material is proposed.			YES
New development is to avoid extensive use of highly reflective or gloss materials on the exterior of buildings.	The exterior of building will take on a matte finish.			YES
For buildings of 3 storeys and above, a large expanse of sandstone or face brick is not to be used on the upper levels of the buildings.	No large expanses of brick are proposed			YES
The exterior finish material (eg. sandstone or brick) must be integral to the overall building façade design and must not appear to be cosmetic.	The materials are integral to the overall building façade design.			YES
Highly contrasting coloured bricks are to be restricted to use on building elements such as sills, window heads, string courses and to assist in the division of the building into bays.	No contrasting coloured bricks are proposed.			N/A
For buildings of 3 storeys and above, lightweight materials and finishes (eg. timber and copper/steel) are encouraged for the upper levels of buildings to assist in minimising the bulk and scale of the building.	Cement rendered walls; necessary for structural and fire safety			YES
Where louvres are used, they are to be an integral element in the building façade design (e.g. west facing windows).	No louvres are proposed.			N/A
Where building cladding is used, consider dual purpose solutions. For example, use of photovoltaic cells mounted on panels used for cladding.	No cladding is proposed.			N/A
For buildings of 3 storeys or above, recessive colours are encouraged for the upper levels of buildings to assist in minimising the bulk and scale of the building.	Recessive colours and materials are utilised.			YES
24.10 Construction, Demolition and Disposal
Site disturbance during construction or demolition must be minimised. A site management plan showing tree protection areas, machinery usage zones, storage areas, dust sheets and location of stormwater pollution barriers may be required.	A site management plan was submitted.			YES
Part 25 Water Management Controls
Stormwater must be discharged and managed in accordance with the controls in Part 15 and part 25 of KDCP 2015.	Council’s Development Engineer is satisfied that the proposal has been designed to manage urban stormwater run-off as per the control requirements of the DCP, subject to conditions.			YES

6B.2 – Car parking provision

Control (2) of Part 6B.2 of the DCP limits the project of a basement car park to more than 1m above existing ground level.

Whilst the development is skillfully designed to step down the site towards the rear, the basement projects above natural ground level by up to 1.7m, departing from the control by 700mm.

Despite the non-compliance, the variation is considered acceptable on the basis that the greatest point of departure is in the middle of the site where it is not readily discernible from the public domain or any adjoining property, particularly as the development is well below its maximum height limit prescribed by the LEP.

Further, the variation is partly driven by the need to provide access into the basement for a standard small waste vehicle, which dictates a 2.6m clearance within the basement and limited grade of driveway. Were such standards not required, a more compliant basement could be achieved.

The proposed development is considered to fulfill the objectives that underly the controls of Part 6B.2 of the DCP in that the basement locates and designs car parking which is integrated with the site and building and does not dominate the site or streetscape.

6C.9 – Top storey design and roof forms

There is a technical variation that arises as a consequence of the basement design. The basement partly projects above existing ground level and is technically not defined as a basement rather a storey, despite its function as a typical basement.

As the development has been arranged as the controls envisage, being a carparking (basement) level and three levels of residential floor space above, the controls of the DCP have been applied as intended. Were the controls to be applied as technically defined, the upper most storey would have no controls, with the middle residential floor required to comply with the third storey control. This would create an undesirable disjointed outcome.

Ku-ring-gai Contributions Plan 2010

The development is subject to Section 94 contributions, levied in accordance with Ku-ring-gai Contributions Plan 2010. A credit for the two existing freestanding single family dwellings is applied to the calculation in accordance with Part 1.17 of Ku-ring-gai Contributions Plan 2010. A condition is recommended requiring the payment of Section 94 contributions (Condition 45).

Likely Impacts

The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.

Suitability of the Site

The site is suitable for the proposed development.

Public Interest

The proposal is considered to be in the public interest.

Conclusion

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.

Recommendation:

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred development consent to DA0171/16 for the demolition of the existing structures and construction of a townhouse development comprising of 14 dwellings with underground parking and associated landscaping at 5 – 7 Eulbertie Avenue, Warrawee for a period of two (2) years from the date on which the consent becomes operable.

Schedule A - Deferred commencement term – to be satisfied prior to the consent becoming operable

The following deferred commencement term must be complied with to the satisfaction of Council within 24 months of the date of issue this deferred commencement consent:

1. Drainage easement (deferred commencement)

The applicant shall submit documentation from Land and Property Information that the property benefits from a registered drainage easement or easements over all downstream properties as far as the public drainage system. This consent will not operate until proof of registration of an easement(s) to and approved by Council’s Development Engineer. This documentation must include evidence that the easement has been registered with NSW land and Property Information.

Reason: To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

Schedule b – Conditions of development consent

1. Approved architectural plans and documentation (new development)

Plan no.	Drawn by	Dated
A101 Revision C	Playoust Churcher Architects	26/9/16
A102 Revision B	Playoust Churcher Architects	16/8/16
A103 Revision C	Playoust Churcher Architects	26/9/16
A104 Revision B	Playoust Churcher Architects	16/8/16
A105 Revision B	Playoust Churcher Architects	16/8/16
A106 Revision B	Playoust Churcher Architects	16/8/16
A108 Revision B	Playoust Churcher Architects	16/8/16
A200 Revision C	Playoust Churcher Architects	26/916
A201 Revision C	Playoust Churcher Architects	26/9/16
A202 Revision C	Playoust Churcher Architects	26/9/16
A203 Revision C	Playoust Churcher Architects	26/9/16
15.577 SW1 Revision E	E2 Civil and Structural Design	15.08.16
15.577 SW2 Revision D	E2 Civil and Structural Design	10.08.16
15.577 SW3 Revision B	E2 Civil and Structural Design	10.08.16
15.577 SW4 Revision 0	E2 Civil and Structural Design	10.08.16
LPDA 16 - 377 Page 1 Revision D	Conzept Landscape Architects	27.09.16
LPDA 16 - 377 Page 2 Revision E	Conzept Landscape Architects	27.09.16
LPDA 16 - 377 Page 4 Revision B	Conzept Landscape Architects	08.04.16

Document(s)	Dated
DA Acoustic Assessment 20160331.1/1603A/R/EC - Revision 0 prepared by Acoustic Logic	16/03/2016
Development application Accessibility Review AN15-206095 20160316_DAR01 Residential Warrawee_LMW prepared by Philip Chun Building Compliance	23 March 2016
Colours and Finishes Schedule - A300 Revision A	April 2016

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. Amended architectural plans

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved plans listed in Condition 1 above 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:

(a) A water outlet must be provided in the primary private open space of each dwelling.

(b) Intercom access for visitors must be provided in a safe location within the driveway.

Reason: To ensure consistency with the DCP.

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.	Prepared by	Dated
LPDA16-377 Page 1 Revision D	Conzept Landscape Architects	27/09/16
LPDA16-377 Page 2 Revision E	Conzept Landscape Architects	27/09/16
LPDA16-377 Page 4 Revision B	Conzept Landscape Architects	08/04/16

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

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

5. Asbestos works

Reason: To ensure public safety

6. Nest boxes

Prior to works commencing and/or tree removal works being undertaken two nest boxes comprising of (1 microbat & 1 small mammal shall be installed in retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply), installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

Reason: To ensure protection of fauna species which could be potentially displaced by the removal of a trees/native vegetation.

7. Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate Tree 21 for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal into installed nest boxes.

Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason: To ensure protection of fauna species.

8. Tree identification

Reason: To protect existing trees during the construction phase.

9. Tree protection plan

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

Plan no.	Prepared by	Dated
T16-022202 Appendix 6 Tree Protection Plan	Earthscape Horticultural Services	28/07/16

Reason: To protect existing trees during the demolition and construction phase

10. Notice of commencement

Reason: Statutory requirement.

11. 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.

12. 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 Eulbertie Avenue over the site frontage.

· 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.

13. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office.

Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.

Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

14. 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:

1-3 Eulbertie Avenue (northern side of units)

9 Eulbertie Avenue

2 Winton Street (garage)

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.

15. Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (TMP), 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 TMP 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.

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 12.5 metre long heavy rigid vehicle and 19 metre long articulated 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:

· Demolition

· Excavation

· Concrete pour

· Construction of vehicular crossing and reinstatement of footpath

· 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 TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will 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.

16. Work zone

If a works zone is proposed, the applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

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.

17. 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.

18. Erosion and drainage management

Reason: To preserve and enhance the natural environment.

19. Tree protection fencing

To preserve the following tree/s, no work shall commence until the tree protection zone 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 development work on site.

Tree/location	Radius in metres
T2 - Lophostemon confertus (Brushbox) / Nature strip T4, T5, T7 - 3 x Ulmus procera ‘Argenteo- Variegata’ (Silver Elm) / Nature strip T14 - Liquidambar styraciflua (Liquidambar) / North eastern corner T16 - Cedrus deodara (Himalayan Cedar) / North eastern corner T23 - Syncarpia glomulifera (Turpentine) / Adjoining property no. 2 Winton Street	Tree protection measures shall be installed in accordance with Appendix 6 - Tree Protection Plan of the arborists report by Earthscape Horticultural Services dated 28/07/16

Reason: To protect existing trees during the construction phase.

20. 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.

21. 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/No access

· This fence has been installed to prevent damage to the tree/s and their growing environment both above and below ground

· The name, address, and telephone number of the developer/builder and project arborist

Reason: To protect existing trees during the construction phase.

22. Tree protection measures inspection

Reason: To protect existing trees during the construction phase.

23. Construction waste management plan

The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

24. 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.

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

25. Basement excavation to be fully tanked

Prior to issue of the Construction Certificate, the PCA is to be satisfied that the basement has been designed as a fully tanked structure as per the requirement of Part 24 C.3(8) of the Ku-ring-gai DCP.

If groundwater is encountered, a referral to the NSW DPI Water is required, due to the need for construction dewatering which would require an aquifer interference approval. All requirements of NSW DPI Water are to be met during design, excavation and construction.

Reason: To protect the environment.

26. Project arborist

A project Arborist shall be commissioned prior to the release of the Construction Certificate to ensure all tree protection measures are carried out in accordance with the conditions of consent.

The project arborist shall have a minimum AQF Level 5 qualification with a minimum of 5 years experience. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason: To ensure the protection of existing trees

27. 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.	Prepared by	Dated
LPDA16-377 Page 1 Revision D	Conzept Landscape Architects	27/09/16
LPDA16-377 Page 2 Revision E	Conzept Landscape Architects	27/09/16
LPDA16-377 Page 4 Revision B	Conzept Landscape Architects	08/04/16

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

· To minimise impacts on the heritage conservation area the Pittosporum revolutum within the northern side boundary is be replaced with species that will provide a denser screen.

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

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

Reason: To ensure adequate landscaping of the site.

28. 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.

29. 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.

30. Air drying facilities

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.

In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Amenity & energy efficiency.

31. External service pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.

Reason: To protect the streetscape and the integrity of the approved development.

32. 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.

33. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable dwelling within the development application, dwellings 10 and 14, 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.

34. 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 within the canopy spread of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Alternatively if underground services must be located within the canopy spread of any protected tree/s the plan shall be endorsed by the project arborist outlining any tree protection measures required. A plan detailing the routes of these services and trees protected under Council’s Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

35. Landscape plan

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that a landscape plan has been completed in accordance with Council’s DA Guide, relevant development control plans and the conditions of consent by a Landscape Architect or qualified Landscape Designer.

Note: The Landscape Plan must be submitted to the Principal Certifying Authority.

Reason: To ensure adequate landscaping of the site.

36. 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.

37. Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

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

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

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

38. 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 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.

39. Car parking allocation

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

Resident car spaces	28
Visitor spaces	4
Total spaces	32

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.

40. Number of bicycle spaces

The basement car park shall be adapted to provide 5 bicycle spaces in accordance with the DCP. 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.

41. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (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 Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

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

42. 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.

43. 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):

44. Infrastructure damage security bond and inspection fee

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

(e) In this condition:

Reason: To maintain public infrastructure.

45. Section 94 development contributions - other than identified centres

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$27,966.66
Local parks and local sporting facilities	$208,887.60
Total:	$236,854.26

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

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

46. Road opening permit

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

47. Prescribed conditions

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

Reason: Statutory requirement.

48. 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.

49. Visitable dwellings

Plans demonstrating compliance with Council's visitable housing requirements contained within Part 23.1 of KDCP 2015 are to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

A visitable dwelling is a dwelling that can be accessed by people who use wheelchairs in that there must be at least one accessible entry and accessible path of travel to the living area and to a toilet that is either accessible or visitable as defined by AS 4299.

At least 70% of dwellings within the development must be visitable.

Reason: To ensure that the minimum number of visitable dwellings is provided within the development.

50. Approved plans to be on site

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

51. 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.

52. 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.

53. 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.

54. Dust control