Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council - 28 March 2017	GB.4 / 28

Item GB.4	DA0160/16
	20 January 2017

development application

Summary Sheet

Report title:	27 Finlay Road, Warrawee - Torrens title subdivision of one lot into two and associated subdivision works - heritage item
ITEM/AGENDA NO:	GB.4

Application No:	DA0160/16
Property Details:	27 Finlay Road, Warrawee Lot & DP No: Lot 5B Section 2 DP 978020 Site area (m²): 1854sqm Zoning: R2 Low Density Residential
Ward:	Comenarra
Proposal/Purpose:	Torrens title subdivision of one lot into two and associated subdivision works - heritage item
Type of Consent:	Local
Applicant:	Connie Cowin and Jill Berwick c/o TCG Planning
Owner:	Mrs C Cowin
Date Lodged:	13 April 2016
Recommendation:	Approval

Purpose of Report

The purpose of this report is to determine DA0160/16. The application is reported to Council as the proposal is for a Torrens title subdivision where the land contains a heritage item and endangered ecological species (Blue Gum High Forest) that is recommended for approval.

integrated planning and reporting

PLACES, SPACES & INFRASTRUCTURE

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	· Subdivision minimum lot size · Heritage conservation · Rear setback to Exley House (Lot 1) · Side setbacks to building footprint (Lot 2) · Amenity impacts to 29 Finlay Road - driveway
Submissions	· 6 submissions to original application (1 in objection and 5 in support) · 1 submission (in objection) to amended application
Land & Environment Court	No
Recommendation	Approval

LEGISLATIVE REQUIREMENTS:
Zoning	R2 Low Density Residential
Permissible under	Ku-ring-gai Local Environmental Plan 2015
Relevant legislation	· Environmental Planning and Assessment Act 1979 · Heritage Act 1977 – interim heritage order provisions · State Environmental Planning Policy No. 55 – Remediation of Land · State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 · Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 · Ku-ring-gai Local Environmental Plan 2015 · Planning Proposal to amend KLEP to include 27 Finlay Road, Warrawee as an item of Local Environmental Heritage · Ku-ring-gai Local Environmental Plan 2015 (Amendment No. 11) · Ku-ring-gai Development Control Plan
Integrated Development	No

History

Site history

6 October 2015	Ku-ring-gai Council resolved to make an Interim Heritage Order over 27 Finlay Road, Warrawee.
9 October 2015	Interim Heritage Order was published in the NSW Government Gazette.
4 November 2015	The owner of the land lodged a Class 1 appeal to the Land and Environment Court to revoke the Interim Heritage Order.
8 March 2016	Council adopted a Planning Proposal to list 27 Finlay Road, Warrawee as an item of local heritage significance under KLEP 2015 and Planning Proposal is forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulation.
13 April 2016	DA lodged.
27 April 2016	The Land and Environment Court appeal was discontinued by the owner.
6 May 2016 and 20 May 2016	Public exhibition of Planning Proposal to amend KLEP 2015 to list “Exley House” at 27 Finlay Road, Warrawee as a local heritage item.
8 July 2016	KLEP 2015 (Amendment No 11) was published on the NSW Legislation website, listing 27 Finlay Road, Warrawee as a heritage item in Schedule 5 and identified on the heritage map.

Pre-DA

A Pre DA (PRE0052/16) consultation request was lodged at the same time the DA was lodged. The PRE DA meeting was undertaken on 30 May 2016.

DA history

13 April 2016	DA and PreDA lodged.
28 April 2016	The DA was notified for 14 days.
28 April 2015	The DA was referred to internal and external referral bodies.
30 May 2016	The PreDA meeting was held.
4 July 2016	Formal notification of change of applicant’s details was received.
5 July 2016	A preliminary assessment letter/PreDA feedback was sent to the applicant raising the following issues: · heritage – draft item · impact on significant trees · vehicle access · easement and servicing · landscape plan · water management · exception to contravene minimum lot size
8 July 2016	KLEP 2015 (Amendment No 11) was published on the NSW Legislation website, listing 27 Finlay Road, Warrawee as a heritage item in Schedule 5 and identified on the heritage map. Note: No savings or transitional provision was included in KLEP 2015 (Amendment No 11), therefore, the DA must be determined in accordance with the instrument at the date of the determination (i.e. as a local Heritage Item).
11 August 2016	A meeting was held with the applicant to discuss issues and conceptual amended plans.
15 August 2016	Draft options for the proposed driveway design were submitted.
29 August 2016	Feedback on driveway options was provided to the applicant.
5 December 2016	Amended plans were lodged, including the following modifications: · amended subdivision plan, relocating footprint 500mm to the north-east and revised building envelope and level details · civil engineering plans, including driveway design · landscaping plan, including new plantings along all boundaries · addendum to Heritage Impact Assessment, including visual analysis of building envelope · shadow studies · seven part test · clause 4.6 variation request
8 December 2016	The amended plans were notified for 14 days.
19 January 2017	A further issues letter was sent to the applicant requesting following information: · amended landscape plan · amended building footprint plan to depict trees to be removed
30 January 2017	Further amended plans were submitted, including: · amended landscape plan · amended building footprint plan depicting trees to be removed

The Site

Site description

The site is identified as Lot 5B Section 2 DP 978020 and is known as No. 27 Finlay Road, Warrawee. The site is on the western side of Finlay Road.

The site is a regular shape, with boundary dimensions of, 30.4m to the south eastern, Finlay Road frontage, 61.2m to the side, north-eastern boundary, 30.4m to the rear, north-western boundary and 60.7m to the side, south-western boundary.

The site is 1,854sqm in area and has a fall of 3m from the higher, north-western corner, to the lower, south-eastern corner, at Finlay Road.

The site accommodates a single storey, split level face brick dwelling, a detached single garage and bitumen driveway.

The sewer runs adjacent to the south-western boundary.

The site contains 53 trees and the adjoining road reserve contains 5 trees.

Surrounding development

Adjoining the site to the north, south and west are residential allotments containing one and two storey dwellings and landscaping. Adjoining the site to the south-west is 29 Finlay Road, a local heritage item known as Blytheswood. Adjoining the site, diagonally to the north is 22 Blytheswood Avenue, a single dwelling house.

The predominant character of the surrounding development is of one and two storey dwellings on large, landscaped allotments.

The Proposal

The applicant seeks development consent to:

· subdivide the land into two Torrens title lots in a battle axe configuration, comprising of:

o Lot 1 – 869.5sqm

o Lot 2 - 829.7sqm (excluding access handle), 984.6sqm (including access handle)

· retain the existing dwelling (Exley House), garage and driveway on Lot 1

· establish a building footprint and envelope on Lot 2

· subdivision work including:

o new layback and cross over

o bitumen driveway within Lot 2 access handle

o new drainage infrastructure below driveway

· landscaping works including new plantings along south western boundary, within access handle and straddling the new common boundary between Lot 1 and Lot 2

· new 1.2m high wire mesh fence along new common boundary between Lot 1 and Lot 2

· removal of 16 trees from within the site:

o 13 x low landscape value (Trees 17, 18, 19, 21, 28, 37, 38, 39, 46, 49, 50, 51)

o 3 x moderate landscape value (Trees 20, 40, 41)

o 1 x high landscape value (Tree 53)

· removal of 1 tree from the road reserve (Tree 57)

· retention of 41 of the 58 trees on and around the site

Amended plans and additional information submitted 5 December 2016

The amended plans and additional information included:

· amended subdivision plan relocating the footprint 500mm to the north-east and revised building envelope and level details

· civil engineering plans including driveway design

· landscaping plan including new plantings along all boundaries

· addendum to Heritage Impact Assessment including visual analysis of building envelope

· shadow studies

· seven part test

· clause 4.6 variation request

Amended plans and additional information submitted 30 January 2017

The amended plans and additional information included:

· revised Building Envelope Plan, with the coloured layer removed and with the trees to be removed dotted in red

· revised Landscape Plan which includes details of the proposed fencing and changes as requested by Council

Consultation

Community

In accordance with the notification requirements of the KDCP, the application was notified to owners and occupants of surrounding properties for a period of 14 days, between 28 April 2016 and 12 May 2016. In response, Council received submissions from the following:

1. Mr ST Smith & Mrs MM Smith	25A Finlay Rd, Warrawee
2. J & A Timmins	210/9 Woniora Ave, Wahroonga
3. D Ryerson	8 Caringal Place, St Ives
4. P Seidler	2 Glen Street, Milsons Point
5. G Holman	2 Glen Street, Milsons Point
6. B & M Martin	29 Finlay Rd, Warrawee

Five submissions were in support of the proposal and one was opposed to the proposal. The submissions raised the following issues:

The subdivision is an overdevelopment, does not satisfy the intent of the minimum lot size clause and is not in the public interest.

The original application did not sufficiently address the minimum lot size objectives or provide an adequate variation request under clause 4.6 of KLEP 2015. Additional information was requested of the applicant, including a detailed footprint/envelope and a driveway design that was informed by technical heritage, ecological and planning investigations.

The amended application was supported by a written request to vary the minimum lot size in accordance with clause 4.6 of KLEP 2015 and demonstrates that the proposal results in the retention of all significant mature trees, enhanced landscaping, minimal overshadowing, acceptable visual impact and heritage conversation.

Loss of trees along the western boundary and limited consideration of the curtilage and amenity impact on the adjoining heritage item at 29 Finlay Road.

The application was amended to re-configure the driveway to ensure that the significant trees are retained. The Heritage Impact Assessment (HIA) was amended to provide a visual curtilage assessment and discussion of the impacts on the adjoining item at 29 Finlay Road and is assessed as acceptable. To further minmise amenity impacts, the application was amended to provide mature 2m-3m high screen landscaping and 7m high trees along the south-western boundary.

The elevated concrete driveway will cause noise and visual amenity impacts to 29 Finlay Road.

The proposed driveway levels range from existing ground levels to elevated (on piers) up to 500mm above existing ground level. The elevated portions of the driveway are to avoid cut within the tree protection zones of significant trees on the site.

The use of a residential driveway servicing a single dwelling is not considered to cause noise and acoustic impacts beyond what is expected in a low density residential context.

To minimise visual amenity impacts, the application was amended to provide mature 2m-3m high screen landscaping and 7m high trees along the south-western boundary.

A 2 storey building envelope adjoining 29 Finlay Road will impact on amenity and privacy. Maximum building heights should be introduced.

An indicative 1 and 1.5 storey building envelope has been developed to inform an appropriate location and scale for a future dwelling considering the heritage and ecological constraints and DCP controls. The future development application will need to address specific impacts such as, privacy and amenity to neighbours.

Overall, we have no objection to the proposed subdivision of the one lot into two provided the building to be constructed is single storey, located as described on the plan.

This will be consideration in the assessment of a future development application for the construction of a dwelling house.

Endorse wholeheartedly the removal of the Liquid amber Tree 53 in spite of the tree report advocating its retention.

The removal of Tree 53 has been assessed by Council’s Landscape Officer as acceptable for arboricultural reasons.

The proposed subdivision will not affect the streetscape of Finlay Road.

A HIA and visual curtilage analysis has been submitted and assessed, demonstrating that the visual qualities of the Finlay Road streetscape will be maintained.

The proposed subdivision ensures the best conservation outcome for Exley House.

It is recommended that a Conservation Management Plan for each lot is prepared and submitted to Council for approval prior to issue of a construction certificate for the subdivision works (Condition 19).

Amended plans and additional information submitted 5 December 2016

In accordance with the notification requirements of the KDCP, the amended application was notified to owners and occupants of surrounding properties for a period of 14 days, between 8 December 2016 and 22 December 2016. In response, Council received a submission from the following:

1. B & M Martin

29 Finlay Rd, Warrawee

The submission raised the following issues:

The subdivision is an overdevelopment, the site is constrained and does not satisfy the intent of the minimum lot size clause

The application was supported by a written request to vary the minimum lot size in accordance with clause 4.6 of KLEP 2015. The request now sufficiently justifies that the proposal results in retention of all significant mature trees, enhanced landscaping, minimal overshadowing, acceptable visual impact and heritage conversation.

It is considered that the development achieves the objectives of the zone and standard and there are sufficient reasons and constraints that warrant flexibility to be applied in the circumstance.

The amended driveway is closer to the south-western boundary and elevated to avoid tree roots. Use of the driveway will cause adverse amenity impacts to bedrooms at 29 Finlay Road including privacy impacts, vibration and noise impacts. The 600mm wide garden beds will not support the width of the proposed screen planting.

Drivers and pedestrians using the driveway will be able to see the garden and north-eastern elevation of 29 Finlay Road. Noise arising from the use of the driveway would likely be audible from 29 Finlay Road.

The use of a residential driveway servicing a single dwelling is not considered to cause noise and acoustic impacts beyond what is expected in a low density residential context.

The application was amended to provide mature 2m-3m high screen landscaping and 7m high trees along the south western boundary. The proposed landscaping along the boundary has been assessed by Council’s Landscape Officer and Heritage Advisor as being viable within the area proposed and resulting in an acceptable interface with 29 Finlay Road. It is considered that the reliance on landscaping to maintain visual amenity and privacy impacts to 29 Finlay Road is a reasonable solution, resulting in acceptable impacts to the neighbouring property.

The overshadowing diagrams do not illustrate impact on 29 Finlay Road.

The overshadowing impacts from the building envelope would maintain the minimum 4 hours of solar access to 29 Finlay Road. Details of the overshadowing impacts arising from a future dwelling on Lot 2 will be assessed under a future development application.

There is limited consideration in the HIA of the impact of the development on 29 Finlay Road and the photo montage does not illustrate the elevated driveway.

The HIA and visual curtilage analysis has been assessed as adequate to undertake a Heritage assessment of the development.

There are potential adverse impacts from a future dwelling on Lot 2 including a 2 storey element on the south-western elevation. A maximum building height should be imposed to avoid impacts from a future dwelling.

The potential bulk, scale and privacy impacts arising from a future dwelling on Lot 2 will be assessed under a future development application. A building envelope has been developed to inform an appropriate location and scale for a future dwelling considering the heritage and ecological constraints and DCP controls. Any design that departs from the footprint and envelope and creates adverse impacts would unlikely be supported.

Amended plans and additional information submitted 30 January 2017

The amended plans were not notified to surrounding residents as the proposed amendments do not result in a greater environmental impact than the previously amended proposal.

Within Council

Heritage

Council's Heritage Advisor assessed the original application and identified a number of issues relating to the impacts on the curtilage of the item and items in the vicinity of the site. Additional information and amendments were requested.

Council's Heritage Advisor then assessed the amended proposal (Attachment A8) and provided concluding comments as follows:

Harry Seidler’s priority in the design of Exley House was not only the simplicity of form and modest scale of the building but also its relationship with its site which included the orientation of the dwelling with principal living spaces opening not to the street but to the north-facing back garden in order to maximise solar access and privacy, with utility areas addressing the street.

The significance of the property encompasses the whole of the site that provided the parameters within which Seidler designed and located the dwelling. The rear part of the garden reads today as a ‘hidden’ area, but is a space that still contributes to the property’s heritage values. The application for the proposed subdivision has been assessed in this context, i.e. as development on the site of a heritage item and within an existing listed curtilage.

The result of subdivision will be the sale of the rear half of the lot for the erection of a separate dwelling house, driveway and landscaping. No work is proposed to the part of the site to be retained as Lot 1, which includes the structure of Exley House despite the documentation describing the proposed development as needed to ensure the conservation of the item. No information or commitment to conservation works has been provided to support this statement.

The physical impacts of the development will be on the fabric of the garden and the aesthetic qualities of the setting of Exley House. Managing these impacts to prevent significant adverse impact on the heritage values will depend on the scale, form, siting and screening of the new dwelling. It will also depend on finer-grained landscape elements such as fencing and design of the driveway and side setback areas. This is achievable through the application as amended and subject to conditions.

The development will also have statutory impacts due to the creation of two Torrens Title lots and likelihood of two separate owners. This will potentially lead to an uncoordinated approach to the ongoing management of the two properties as part of the heritage item. The proponent was asked to consider amending the application to propose a form of title that would retain the integrity of the item as a whole (strata or company title); but advised that they wanted to proceed with the current application. An alternative solution to achieve a co-ordinated approach to the conservation of the heritage values of the item, even if in two ownerships (i.e. an ‘expanded curtilage’) is required through the preparation of a conservation management plan.

The potential impacts on the adjoining heritage items, and particularly the setting of 29 Finlay Road, will be minimal providing that the landscaping shown on the amended plans is implemented and maintained and the new dwelling is built wholly within the envelope shown on the application with no windows or balcony that would allow overlooking of the heritage item.

It is recommended that:

1. The landscape and driveway conditions outlined in Council’s Landscape Officer’s report are supported and should be included in any development consent. Mature specimens are to be used (Conditions 17 and 18).

2. A Conservation Management Plan is to be prepared for each lot and both CMPs are to be submitted and endorsed by Council prior to the issue of a Construction Certificate for the proposed subdivision works. The CMPs must:

a. Outline in detail the principles and parameters for the ongoing maintenance of the landscape as part of the setting of Exley House, including, in the case of mature plantings, succession strategies with historically and aesthetically appropriate species.

b. Ensure a consistent approach to the planting and maintenance of internal and perimeter boundary planting.

c. The CMP for Lot 1 (which will include the fabric of Exley House) is also to include a schedule (with timetable and costs) of regular maintenance and repair to the fabric (internal and external) of the house, garage and courtyard areas.

d. The CMP for Lot 2 (the rear lot) is to be consistent with the footprint siting, building envelope and landscape principles set out in this development application but is not required to include a schedule of maintenance for built fabric (Condition 19).

Landscaping

Council's Landscape Assessment Officer assessed the original and initially amended proposals and identified a number of issues including tree impacts and inadequate information. Additional information and amendments were requested.

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

Tree removal

The proposed development will require the removal of 17 trees including 13 trees with low landscape value (Trees 17, 18, 19, 21, 28, 37, 38, 39, 46, 49, 50, 51) , 3 trees with moderate landscape value (Trees 20, 40, 41) and 1 tree with high landscape value (Tree 53).

The removal of T53 – Liquidambar styraciflua (Liquidambar) is acceptable on arboricultural grounds.

The trees to be removed are as follows:

*Tree/Location*	*Comments*
T17 – Franklinia axillaris (Gordonia) / Within the access handle	3 metres high in good condition
T18 – Pittosporum undulatum (Sweet Pittosporum) / Within the access handle	5 metres high in fair condition
T19 – Jacaranda mimosifolia (Jacaranda) / Within the access handle	8 metres high in fair condition
T20 – Juniperus sp. (Juniper) / Within the access handle	12 metres high in good condition
T21 – Franklinia axillaris (Gordonia)	3 metres high in fair condition
T28 – Ligustrum lucidum (Large-leaved Privet) / Northern boundary of Lot 1	Weed species
T37 – Pittosporum undulatum (Sweet Pittosporum) / Lot 2	9 metres high in fair condition
T38 – Pittosporum undulatum (Sweet Pittosporum) / Lot 2	6 metres high in fair condition
T39 – Tibouchina sp. (Lasiandra) / Within building footprint Lot 2	6 metres high in fair condition
T40 – Ficus rubiginosa (Port Jackson Fig) / Within the access handle	13 metres high in fair condition, suppressed canopy
T41 – Flindersia australis (Crow's Ash) / Within the access handle	11 metres high in fair condition
T46 – Acer palmatum (Japanese Maple) / Western boundary of Lot 2	2 metres high in poor health
T49 – Citrus sp. (Citrus) / Within building footprint Lot 2	2 metres high
T50 - Citrus sp. (Citrus) / Within building footprint Lot 2	2 metres high
T51 – Acer palmatum (Japanese Maple) / Western boundary of Lot 2	2 metres high in poor health
T53 – Liquidambar styraciflua (Liquidambar) / Northern boundary of Lot 2	20 metres high with good vigour and fair condition. Unstable branching structure with evidence of storm damage.
T57 – Callistemon salignus (Willow Bottlebrush) / Nature strip	2 metres high in poor health

Tree impacts

T22 – Eucalyptus saligna (Sydney Blue Gum), T42 – Macadamia tetraphylla (Macadamia) and T43 – Pittosporum undulatum (Sweet Pittosporum), T44 – Pittosporum undulatum (Sweet Pittosporum)

The driveway to Lot 2 has been elevated on isolated piers to preserve Trees 22, 42, 43 and 44. The stormwater plans also indicate appropriate tree protection measures for the installation of the stormwater pits and pipes. The impacts of the proposed driveway and stormwater works are within acceptable limits.

Heritage impacts

To minimise impacts on the heritage item Exley House the following amendments to the engineering plans for the proposed driveway to Lot 2 will be required:

a. The entire new driveway extending from the kerb to the rear of Lot 2 is to be constructed of Asphaltic concrete or finished in asphalt (Condition 17).

Landscape plan/tree replenishment

To retain and conserve the significance of the heritage item in its setting the landscape plan is to be amended as follows:

a. Retaining wall

The proposed retaining wall along the southern side of the existing dwelling (Exley House) shall be no higher than 450mm above existing grades. This retaining wall is to be constructed to match the existing retaining wall between Exley House’s garage and the street and be of a brick that matches the bricks used in Exley House. The wall is to be constructed as a double brick structure using stretcher bond pattern finished with a header course (Condition 18a).

b. Fencing between Lots 1 and 2

The fencing plan shall clearly note that the fence is to be constructed of timber posts and rails with galvanised mesh infill with a 25x25 mm profile (Condition 18b).

c. Fencing along access handle

No fencing or any other type of dividing structure is permitted along the northern boundary of the access handle to Lot 2 (Condition 18c).

d. Planting

The Lomandra ‘Tanika’ within the access handle to Lot 2 is to be replaced with turf or a groundcover that does not exceed 100mm in height (Condition 18d).

e. Planting

The 5 x Camellia japonica and the 8 x Syzygium ‘Aussie Compact’ along the southern side boundary of Lot 1 are to be replaced with a variety of species that do not exceed a height of 1 metre (Condition 18e).

Conclusion

The proposal is acceptable in relation to landscape issues, subject to the recommended conditions.

Ecology

Council's Ecological Officer assessed the original proposal and identified a number of issues including tree impacts and inadequate information. Additional information and amendments were requested.

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

Ecological comments

During the site inspection the vegetation was inspected to determine the presence/ absence of native plant communities. The vegetation onsite was determined to be representative of Blue Gum High Forest (BGHF) listed as a Critically Endangered Ecological Community (CEEC) under the Threatened Species Conservation Act 1995. Native ground covers were sparse to absent due to past clearing and the establishment of exotic lawn.

Environmental controls

The native vegetation within the site has been mapped as an area of biodiversity significance under the KLEP (2015) and also as category 2 support for core and category 4 corridor and consolidation under the KLEP DCP (2015).

The arborist report is recommending the removal of T18, T37 and T38-Pittosporum undulatum (Sweet Pittosporum) and the proposal will impact upon tree 22-Eucalyptus saligna (Sydney Blue Gum) which comprises part of the onsite Blue Gum High Forest and area of biodiversity significance.

Ecological assessment

An impact assessment (7-part test) has been prepared by a qualified ecologist to assess the removal of T18, T37 and T38-Pittosporum undulatum (Sweet Pittosporum) which comprise part of the onsite Blue Gum High Forest community. The impact assessment has been prepared in accordance with section 5a of the Environmental Planning Assessment Act 1979 and concludes that the proposal will not result in a significant impact upon the onsite BGHF community.

The removal of the three Sweet Pittosporums will be offset via planting of BGHF species within the area mapped as category 2 support for core.

Conclusion

The proposal is acceptable.

Engineering

Council's Development Engineer assessed the original proposal and identified a number of issues relating to access, stormwater management and parking. Additional information and amendments were requested.

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

Water management

A stormwater management plan prepared by ACOR Consultants has been received. The plan provides stormwater drainage works associated with Lot 2. An indicative building footprint has been shown to have sufficient fall to achieve gravity drainage to Finlay Road. The existing dwelling on Lot 1 is able to implement its own water management system without affecting the other lot.

A new 150mm diameter stormwater pipe is to be provided within the driveway access handle and conveyed to the existing kerb and gutter, which is acceptable. The project arborist’s recommendations have also been shown on the stormwater plan for setting out purposes. The proposed drainage pipe and pits would need to be constructed as part of the subdivision works.

A 2,000L rainwater tank as required under Part 24C.4 of the KDCP for the Exley House would not be required on heritage grounds.

Vehicular access

Each allotment will have access via Finlay Road. The driveway will be retained for Lot 1 with the proposed driveway to be located on the south-western, low, side of the site.

The proposed access handle width of 4.6m is compliant and allows sufficient width for the construction of a 2.85m wide driveway. The driveway width is less than the required 3m which is acceptable given the constraints of the existing trees. The driveway has been designed according to the arborist’s recommendations. The driveway is to be constructed as part of the subdivision works.

A driveway longitudinal section prepared by ACOR Consultants has been submitted which shows a relatively flat driveway. The cross-sections show a minimum 0.5% to 2% crossfall along the driveway falling towards the 150mm kerbing along the low side of the driveway. The driveway gradients and transitions complies with Australian Standards 2890.1 -2004 ‘’Off Street car parking”.

An indicative turning area for Lot 2 has been provided and demonstrates that vehicles can safely enter and leave the site in a forward direction. Swept paths for a B85 design vehicle has been provided and complies with AS 2890.1:2004.

Note: Given the location of the sewer manhole (SMH) is within the proposed driveway crossing, the existing ground levels are not to be altered without Sydney Water Approval. Refer to the Sydney Water Technical Guidelines (Condition 24).

Recommendation

The proposal is acceptable, subject to the recommended conditions.

Outside Council

Office of Environment and Heritage

The application was originally referred to the Office of Environment and Heritage (OEH) for comment as the site was the subject of an Interim Heritage Order (IHO) and a Section 60 approval under Heritage Act 1977 had not been obtained. The OEH raised concerns with the impacts to Exley House from the proposed subdivision.

The application was amended to provide additional technical information to demonstrate an acceptable level of impact to Exley House. The site is now a local heritage item and there is no statutory requirement for further consultation with OEH.

Statutory Provisions

Acts

Environmental Planning and Assessment Act 1979

The proposal is “Local Development” under Part 4 of the Environmental Planning and Assessment Act 1979 (as amended) (EP&A Act) 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.

Heritage Act 1977

At the time of lodgement of the DA, an IHO applied to the site. Under Section 57(1) of the Heritage Act 1977, where an IHO applies to the land, an approval under Section 60 of the Heritage Act 1977 is required prior to any development occurring on the site.

The DA was referred to the OEH, who raised concerns with the impacts to Exley House from the proposed subdivision.

On 8 July 2016, KLEP 2015 (Amendment No 11) was published on the NSW Legislation website, listing 27 Finlay Road, Warrawee as a local heritage item. On the 6 September 2016, Council revoked the IHO on the site.

No savings or transitional provision was included in KLEP 2015 (Amendment No 11), therefore, the DA must be determined in accordance with the instrument as at the date of the determination (i.e. as a local Heritage item). As such, a Section 60 approval under the Heritage Act 1977 is no longer required.

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 necessary.

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

The subdivision and associated works are not BASIX affected development.

Sydney Regional 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.

Local Content

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

Note: KLEP 2015 Amendment No. 11 commenced on 8 July 2016, after the DA was lodged. Amendment No. 11 specifically relates to the subject site and adopted no savings provisions. The DA must be considered and determined in accordance with KLEP 2015, as amended.

Zoning and permissibility:

The site is located within the R2 Low Density Residential zone. The proposed land subdivision is permissible with consent within the R2 zone under clause 2.6 of KLEP 2015.

Low Density Residential zone objectives:

The objectives for the R2 Low Density Residential zone are:

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

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

· To provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai.

The development is consistent with the objectives of the zone in that it facilitates additional housing in the locality and the subdivision is capable of supporting housing that is compatible with the built character of the low density residential environment.

Development standards:

Development standard	Proposed	Complies
4.1 Minimum subdivision lot size: · Area of 930m²(excluding access handle) · Minimum site width of 18 metres at 12 metres from the street frontage of the lot Note: this standard does not apply to battle-axe lots	Lot 1 lot size – 869.5sqm* Site width – 25.8m	NO YES
Lot 2 lot size – battle axe lot · 829.7sqm (excluding access handle)* · 984.6sqm (including access handle) *The applicant seeks to vary the development standard under clause 4.6 of KLEP 2015. Refer to discussion below.	NO
4.4 Floor Space Ratio: maximum 0.3:1	Lot 1 – Exley House · GFA – approximately 120sqm · FSR - 0.14:1	YES

Development standard

Proposed

Complies

4.1 Minimum subdivision lot size:

· Area of 930m²(excluding access handle)

· Minimum site width of 18 metres at 12 metres from the street frontage of the lot Note: this standard does not apply to battle-axe lots

Lot 1 lot size – 869.5sqm*

Site width – 25.8m

YES

Lot 2 lot size – battle axe lot

· 829.7sqm (excluding access handle)*

· 984.6sqm (including access handle)

*The applicant seeks to vary the development standard under clause 4.6 of KLEP 2015. Refer to discussion below.

4.4 Floor Space Ratio: maximum 0.3:1

Lot 1 – Exley House

· GFA – approximately 120sqm

· FSR - 0.14:1

YES

Clause 4.1 Minimum subdivision lot size

Under clause 4.1 of KLEP 2015, the minimum lot size for subdivision of the land is 930sqm.

The proposal involves the creation of two undersized allotments, Lot 1 is 869.5sqm and Lot 2 is 829.7sqm, excluding access handle.

The development results in a 6.5% contravention on Lot 1 and a 10.8% contravention on Lot 2.

Clause 4.6 of KLEP 2015 allows Council to vary development standards in certain circumstances and provides an appropriate degree of flexibility to achieve better design outcomes. The Council may grant the exception as the Director-General’s concurrence can be assumed where Clause 4.6 is adopted in accordance with the Department of Planning Circular PS 08–003, dated 9 May 2008.

A request to vary the minimum lot size development standard, prepared by TCG Planning dated 23 November 2016, has been submitted addressing the provisions of clause 4.6 of KLEP 2015 (Attachment A3).

In order to demonstrate whether flexibility in applying the development standard is appropriate in this instance, the request has been considered against the provisions of Clause 4.6 below:

Clause 4.6 provision	Assessment
Whether the proposed development is consistent with the objectives of the particular standard.	Yes The proposal is consistent with the objectives of the standard in that: (i) It represents lot sizes and dimensions that can conserve the built heritage item and its curtilage and creates a new lot that accommodates a development capable of being consistent with KDCP built form controls. (ii) The building footprint/envelope and driveway has been located to protect the significant remnant vegetation on the site, heritage curtilage of Exley House and Blytheswood and provides for generous landscaping to support the amenity of adjoining properties and the desired character of the area. (iii) The proposal is not inconsistent with the varied subdivision pattern and lot sizes in the area and maintains the wide street frontage and rhythm of built form within the streetscape.
Whether the proposed development is consistent with the objectives for development within the zone.	Yes The development is consistent with the objectives of the zone in that it facilitates additional housing in the locality and the subdivision is capable of supporting housing that is compatible with the built character of the low density residential environment.
Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.	Yes It is considered that compliance is unreasonable and unnecessary for the following reasons: (i) The development achieves the objectives of both the standard and zone. (ii) The proposed subdivision is unlikely to create a precedent which would result in Council abandoning the lot size standard, as Lot 1 will contain a heritage listed house based on modest 'Seidler' design. (iii) The proposal achieves a positive outcome for the land having regard to all considerations (including heritage significance, view impacts, tree retention, flora and fauna impacts, shadow impacts, siting of a future building, stormwater disposal, driveway access and landscaping).
Whether there are sufficient environmental planning grounds to justify contravening the development standard.	Yes The application provides that there are site specific and development specific grounds for the proposed variation, namely the proposed lot sizes result in: (i) Tree Retention - all significant mature trees will be retained through careful placement of the site boundary, building envelope and subdivision boundary. (ii) Enhanced landscaping - the lot sizes and configuration will allow for retention of the existing informal landscaping to the front and sides spaces of the site, with new infill planting provided generally behind the front building line. (iii) Minimal overshadowing - Exley House and its rear garden will only be overshadowed to a limited extent at 3pm on June 21, despite the reduced lot sizes. (iv) Acceptable visual impact – modelling demonstrates there is limited visibility of the proposed building envelope from the street. (v) Heritage conversation – the application demonstrates measures to conserve Exley House within an appropriately enhanced setting and outlook. An increase in the size of Lot 1 to achieve the required 930sqm is attainable by either reducing the size of Lot 2 or absorbing the access handle into Lot 1. While numerical compliance would be achieved for Lot 1 it would be a poorer outcome compared to the proposal for the following reasons: (i) An increased Lot 1 would not facilitate an improved outcome in terms of tree retention and visual separation. It would reduce the available area for the Lot 2 building envelope and would place unreasonable limitation on a future dwelling design, particularly where a lower scale building is envisaged to minimise impact on Exley House. (ii) Absorbing the handle into Lot 1 would create unreasonable maintenance obligations for owners of Exley House as the driveway along the south western boundary does not service Exley House. It is orderly and desirable for each allotment to have a frontage to a street for access and services to avoid easements and maintenance issues between neighbours.
Whether the proposed development is in the public interest.	Yes The proposal is considered to be in the public interest as it is consistent with the zone and development standard objectives.
Whether the proposed development is consistent with objectives of clause 4.6, being, whether by allowing flexibility in the particular circumstances a better outcome for and from the development is achieved.	Yes The proposal is consistent with the objectives and in the circumstances flexibility is appropriate given numerical compliance does not attain a better conservation outcome for the heritage item or greater level of protection of the significant remnant vegetation on the site for the following reasons: · A compliant lot size can be provided for the Exley House lot, however, compliance would not improve the spatial separation between Exley House and a building envelope, would not improve the heritage curtilage and would result in unreasonable and ongoing driveway and garden maintenance obligations for the owners of Exley House. · A compliant lot size can be provided for the Exley House lot, however, compliance would not result in additional trees or vegetation being retained on the site.

The submitted request to vary the development standard is supported and flexibility in applying the minimum lot size development standard is considered appropriate in this circumstance.

Clause 5.9 Preservation of trees or vegetation

The proposal involves the removal of 16 trees from the site, one from the road reserve and retention of the remaining 41 trees on and around the site.

The impact of the driveway, provision of services and building footprint on the trees to be retained have been assessed as acceptable, subject to conditions for protection measures to be implemented. The proposed tree removal has been assessed by Council’s Landscape Officer as acceptable for arboricultural reasons or the trees do not have broader landscape significance. 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 a heritage item, known as Exley House.

The site is not located within a heritage conservation area, nor do the proposed works affect any known archaeological or Aboriginal objects or Aboriginal places of heritage significance.

The site is adjacent to a locally listed heritage item at 29 Finlay Road, known as Blytheswood.

The amended subdivision plan, landscape plan and civil engineering plans have been assessed by Council’s Heritage Advisor as having acceptable impacts on the aesthetic and historic setting of Exley House and Blytheswood, subject to recommended conditions relating to landscape detailing.

The development is consistent with the provisions of the clause to conserve heritage significance.

Clause 6.1 Acid sulphate soils

The site is located within a Class 5 Acid Sulphate Soil zone and the works are not within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum. The works are unlikely to lower the water table and therefore no further investigation is considered necessary.

Clause 6.2 Earthworks

The application involves minimal earthworks and considered to be consistent with the objectives of Clause 6.2.

Clause 6.3 Biodiversity protection

The site is identified within the biodiversity protection area under KLEP 2015. A site inspection revealed that there is Blue Gum High Forest (BGHF) on the site, a Critically Endangered Ecological Community under the Threatened Species Conservation Act 1995.

An impact assessment (7-part test) has been submitted by a qualified ecologist to assess whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats.

The application proposes the removal of Trees T18, T37 and T38-Pittosporum undulatum (Sweet Pittosporum) which form part of the BGHF community.

The assessment finds that the proposed building footprint and driveway will not result in a significant impact upon the BGHF community. The removal of the three Sweet Pittosporums is proposed to be offset via planting of BGHF species within the Biodiversity mapped area.

The proposal is considered to be consistent with the objectives of Clause 6.3.

Clause 6.5 Stormwater and water sensitive urban design

The application involves stormwater drainage works within the access handle and on Lot 2. The proposal illustrates an indicative building footprint that has sufficient fall to achieve gravity drainage to Finlay Road. The existing dwelling on Lot 1 is able to implement its own water management system without affecting Lot 2. It is considered that the development is consistent with the objective of the clause to minimise the adverse impacts of urban stormwater.

Policy Provisions

Ku-ring-gai Development Control Plan

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 amended application.

YES

Part 3 Land Consolidation And Subdivision

3A General Controls for Consolidation and Subdivision

3A.1 Lot Shape, Orientation and Design

The lot shape, orientation and design of consolidated and subdivided lots is to demonstrate the following:

· Ability for the lot to support the land use permitted under the zoning.

Each allotment is of a size and configuration that can support a single dwelling house.

The lot shapes and indicative building envelope demonstrate that a low scale built form, built upon area, private open space and landscaping can be accommodated on each lot. The layouts and orientation of the lots illustrate that 4 hours of solar access to the dwellings and private open spaces is capable of being achieved.

YES

· Protection of habitat and distinctive environmental features.

The proposed subdivision, associated works and indicative future building footprints retain the significant trees that exist on the site.

YES

· Sharing of views

Future views and outlook from Lot 1 to Lot 2 have been analysed from a heritage perspective and landscaping is proposed at subdivision stage to retain a garden outlook from Exley House.

YES

· Avoiding the location of development on steep lands

The site is not identified as having a steep slope.

YES

· Protection and enhancement of the amenity, solar access, privacy, open space and views of the neighbouring lots

The proposed lot shapes and indicative building envelope demonstrate that existing amenity to neighbouring lots is capable of being protected.

YES

· Minimisation of impacts of the development (including any asset protection zones required) on riparian or Greenweb lands

The proposed lot shapes and subdivision works do not impact on significant vegetation within the core area, support area and remnant canopy area (Greenweb land).

YES

· Incorporation of the principles of water sensitive urban design.

The subdivision works enable the future development to incorporate water sensitive urban design principles.

YES

· Easements and servicing requirements.

The required services are capable of being provided within the access handle. It is proposed to deliver the drainage infrastructure at subdivision stage. The sewer manhole within the layback must be modified to accommodate the cross over. Separate approval from Sydney Water is necessary (Condition 24).

YES

· Vehicular, pedestrian and bicycle access.

Vehicular and pedestrian access to the rear lot is demonstrated in the application.

YES

· Respect for and conservation of cultural heritage including any Aboriginal place or site of heritage significance;

The subdivision will affect the curtilage of the Heritage item on the site. The impact has been assessed as acceptable subject to the retention of significant canopy trees, delivery of detailed landscape works and plantings between the new lots and along the south western boundary.

YES

· Minimisation of the need for bush fire hazard reduction, while protecting life and property.

The site is not bushfire prone.

YES

The block width, dimension, orientation and layout are to consider the existing subdivision pattern of the locality.

The existing subdivisions in the immediate vicinity of the site are varied in rhythm, shape and size.

With the exception of 29 Finlay Road, proposed Lot 1 has a site width of 25m where the predominant site width along the northern side of Finlay Road is 18m.

29 Finlay Road has a site width of 30m. The proposal maintains the perception that the site is 30m wide, as low shrubs and no fencing is proposed between the access handle and Lot 1.

The proposed subdivision is not considered to affect the street rhythm and built form spacing.

YES

New lot/s created is to be such that each lot with street frontage allows for the siting of a development which will address the street.

Existing heritage building is to be retained and addresses the street.

YES

Gated communities will not be permitted.

None proposed.

N/A

3A.3 Building Footprint

Potential building footprints are to be identified on the site plan of all consolidation and subdivisions.

The submitted plan identifies a potential building footprint for Lot 2.

YES

Building footprints are to be located outside areas of ecological or heritage significance and to avoid the loss of trees.

The proposed building and driveway footprint was amended to minmise the loss of trees.

The majority of the site is within the mapped areas of ecological significance. The footprint is located within the mapped area and involves the removal of trees.

A detailed impact assessment has been undertaken and the footprint and driveway does not result in impacts on the trees of ecological significance.

YES

The footprint is to be located in an accessible and practical location, preferably with relatively flat terrain, stable soil and geology.

The building footprint on Lot 2 is located on hilly land (up to 15 degree slope) and has a fall of 1.8 metres within the footprint. A fall of 1.8 metres is not considered excessive and subject to the dwelling and landscape design addressing the level change in accordance with Part 22.1 Earthworks of KDCP, the location of the footprint is considered accessible and practically located.

YES

The building footprint must be located and designed so as to allow useable open space that satisfies the open space requirements of the particular development type.

Each lot is capable of accommodating usable private open space of a minimum dimension of 5 metres and 50sqm in area.

YES

The footprint is to be applied in accordance with the minimum building setbacks. Rectangular battle-axe blocks (excluding the access handle) are to provide the following minimum setbacks:

· from the two long boundaries is to be a minimum of 15% of the site width or 3m, whichever is the greater; and

· from a boundary excluding the two long boundaries, is to be a minimum of 12m depth >48m, or 25% site depth if < 48m.

Minimum Setbacks:

	Lot 1	Lot 2
NE (side)	2.32m	6.875m
SW (side)	2.32m	6.875m
SE (front)	existing	4.56m
NW (rear)	8.43m	4.56m

Note: For irregular block as or particularly narrow blocks, or in special cases, (e.g. the dwelling is single storey) Council may vary these figures, provided it can be shown and the objectives have been met.

The following setbacks to the building footprints are proposed:

	Lot 1	Lot 2
NE (side)	>2.32m	4.06m**
SW (side)	2.8m	5.06m**
SE (front)	existing	6.875m
NW (rear)	8.1m* - 15m	6.875m

*The rear setback to Lot 1 is 8.1m where the controls prescribe a minimum 8.43m

**The side setbacks to Lot 2 building footprint are 4.06m and 5.06m where the controls prescribe a minimum of 6.875m.

See discussion later in this report.

Practical and suitable access is to be provided from a public road to the building footprint.

Access to Lot 1 will be maintained via the existing driveway from Finlay Road.

The proposed access to Lot 2 is via a new driveway within the access handle from Finlay Road.

YES

The building footprint must be located in accordance with the requirements in Part 24 of this DCP.

The building footprint and civil engineering plan have been assessed by Council’s Development Engineer as consistent with Part 24 of KDCP

YES

3A.4 Trees and Vegetation

General

Any subdivision proposal must demonstrate that the location and design of:

· building footprints

· access ways

· roadways, including perimeter roads or trails

· services

· inter-allotment drainage easements

· asset protection zones

minimises impacts on and maximises the retention of existing significant trees and vegetation on or adjacent to the site.

The proposed subdivision has been assessed by Council’s Landscape Officer and Ecological Officer. It was identified that the original location of the building footprint and driveway impacted on a number of significant trees.

The application was amended to shift to footprint 500mm north east and increase separation from the trees and modify the shape of the footprint and driveway manoeuvring area.

YES

Where a site is particularly constrained a more detailed layout of the potential development may be required.

The application was amended during the assessment process to provide a detailed building footprint, 1 and 1.5 storey building envelope, detailed driveway design and turning area to understand the actual impacts to Exley House and on existing significant trees.

YES

Street Trees

Street trees are to be planted where new roads are proposed or where the likely location of driveway crossings will result in loss of existing street trees.

The proposed driveway crossover will require the removal of one existing street trees (T57) in the road reserve.

A replacement street tree is not necessary given the site frontage is the width of an access handle, there is limited space in the road reserve for replacements and there are existing trees that are to be retained and protected in the vicinity of the driveway crossing.

YES

3A.5 Access

Vehicular Access

Each lot must provide access from a constructed or dedicated public road. Where access is proposed to a section of unconstructed public road, the newly created lot will need to provide lawful, constructed access to Council’s satisfaction.

Each lot is accessed from an existing constructed public road, Finlay Road.

YES

The minimum width of an access handle to a battle-axe allotment is 4.6 metres. This may be increased where length, number of lots and or topography necessitate. Access to multiple dwellings could require a wider access handle to accommodate passing bays.

The access handle is 4.6 metres wide and satisfies the minimum width required under the control.

The width of the driveway is 2.85 metres. The width has been deliberately minimised to maximise opportunity for landscaping within the access handle. The driveway design has been assessed by Council’s Development Engineer as acceptable.

YES

The maximum number of lots to be served by a single access handle connected to a public road is 3 lots.

The access handle services one lot and complies with the control.

YES

Access for service vehicles, emergency vehicles and waste collection vehicles must be available.

Service vehicles and emergency vehicles can access each lot. Under Part 24 of KDCP 2015, waste collection for the residential dwellings would be via an on street collection.

YES

Pedestrian and Bicycle Access

Movement areas are to incorporate convenient, obvious and safe pedestrian and bike links from the lot to public transport services and local facilities.

A pedestrian footpath is located along Finlay Road which links the site to public transport services and local facilities.

YES

The design and location of footpaths and driveways are to provide opportunities for surveillance and allow safe movement of residents and visitors.

The design of the driveway allows vehicles to enter and exit in a forward direction. The driveway is of an adequate width to allow safe sight lines and safe pedestrian access.

YES

3A.6 Infrastructure

Services

All lots shall be provided services such as electricity, gas, town water supply, sewerage and communications.

The rear lot is capable of being connected to the existing services within the street and within the site.

YES

Existing or planned allocation of services and street trees must be identified on the plan.

A services plan was submitted with the application. Lot 1 is already connected to services. Lot 2 is capable of connecting to all services subject to recommended conditions (Condition 39, 57 and 60).

YES

Water management facilities, such as:

· inter-allotment drainage for low level lots;

· on site detention for new roads and driveways;

· rain gardens or bio retention basins;

are to be provided as required by Section C Part 24 of this DCP.

The application demonstrates that the building footprint has been shown to have sufficient fall to achieve gravity drainage to Finlay Road. A new stormwater pipe is to be provided within the driveway access handle and conveyed to the existing kerb and gutter.

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 17 trees. The application has been assessed by Council’s Landscape Officer who is satisfied that the subdivision will retain significant vegetation.

YES

Part 18 Biodiversity

18.1 All Greenweb Categories

Development must be designed and sited to minimise impact on any distinctive environmental features and to conserve the areas of vegetation and/or habitat of the highest ecological value on and adjacent to the site, and to minimise fragmentation and edge effects.

The application has been assessed by Council’s Ecological Officer and the proposed building footprint and driveway does not impact on areas of vegetation and/or habitat of the high ecological value.

YES

Subdivision must not be permitted unless each proposed site contains a building envelope that allows compliance with this Part.

The rear lot contains a building envelope that demonstrates compliance with the biodiversity controls.

YES

Trees adjacent to threatened ecological communities are to be retained as a buffer.

The significant trees on the site are to be retained.

YES

The development must retain existing site drainage patterns and minimise excavation and fill within 3m of Greenweb lands.

The development retains existing site drainage patterns and based on the indicative footprints, minimal excavation or fill would occur.

YES

18.2 Category – Core Biodiversity Lands

18.5 Category – Biodiversity Corridors and Buffer Areas

Where work impacts on land within Core Biodiversity Lands, stabilisation and or rehabilitation with indigenous vegetation will be required to mitigate impacts.

The site is mapped as Greenweb land – Core and Buffer areas. Council’s Ecological Assessment Officer is satisfied that the building footprint, construction of the driveway and provision of infrastructure will not impact on the significant ecological features on the site, subject to proposed planting of BGHF species on the site.

YES

18.7 No Net Loss Of Biodiversity

Development proposals must seek to achieve no net loss of significant vegetation or habitat.

Council’s Ecological Assessment Officer is satisfied that the proposal will result in no net loss of biodiversity on the site, subject to proposed planting of BGHF species on the site.

YES

Part 19 Heritage Items and Heritage Conservation Areas

19A.2 Subdivision and Site Consolidation of a Heritage Item

Subdivision of a Heritage Item will only be supported where:

· the subdivision does not adversely affect the cultural significance of the Heritage Item;

· evidence of the historical setting, landscape and subdivision pattern can be recognised and/or retained.

The subdivision is assessed as having an acceptable impact on the cultural significance of Exley House and retains the setting and landscape.

Refer to discussion later in the report.

YES

Subdivision or consolidation will not generally be permitted where the curtilage and setting of a Heritage Item and significant buildings within or adjoining the site, would be compromised.

The subdivision is assessed as having an acceptable impact on curtilage and setting of Exley House and Blytheswood.

YES

Applications for subdivision and site consolidation of a Heritage Item will require a curtilage analysis within the Heritage Impact Statement with particular emphasis on the potential impact on garden settings.

A visual curtilage analysis was submitted with the amended application and demonstrates the potential impacts on the garden setting.

YES

19E Heritage Items

19E.3 Gardens And Landscaping

Trees, and garden elements and structures which contribute to the significance of the Heritage Item are to be retained and conserved.

Examples of historic garden elements and structures can include, but are not limited to, tennis courts, croquet lawns, grottos, ferneries, garden terracing, lawn edgings etc.

Trees and garden that contribute to the significance of Exley House have been retained. The amended landscape design provides an enhanced yet sympathetic landscape along the boundaries of the new lots and common boundary with Blytheswood.

YES

New gardens should be horticulturally and stylistically sympathetic to the period of the HCA. The use of similar materials such as sandstone, brick and gravel is encouraged.

The use of a variety of plant species to avoid mono-cultural plantings along street frontages and as screen planting is encouraged.

The landscape design has been assessed by Councils Landscape Officer and Heritage Advisor and subject to recommended amendments to the landscape details, the proposal is sympathetic to the Heritage item.

YES

High solid hedges that screen the dwelling from the street are not permitted.

No hedges proposed.

YES

19F Development in the Vicinity of Heritage Items or Heritage Conservation Areas (HCAs)

All development in the vicinity of a Heritage Item or HCA is to include a Heritage Impact Statement (HIS). The HIS is to address the effect of the proposed development on a Heritage Item or HCA and demonstrate that the proposed works will not adversely impact upon significance, including any related heritage features within the identified curtilage and setting.

A satisfactory Heritage Impact Statement was submitted with the amended application.

YES

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

· the form of the existing building or buildings including height,

· roofline, setbacks and building alignment;

· dominant architectural language such as horizontal lines and

· vertical segmentation;

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

· heights and coursing levels;

· materials and colours;

· siting and orientation;

· setting and context;

· streetscape patterns.

The proposed driveway and landscape works have regard to 29 Finlay Road and 22 Blytheswood Avenue.

The indicative building envelope has been assessed as capable of accommodating a building form and scale that has acceptable impacts on neighbouring heritage items at 29 Finlay Road and 22 Blytheswood Avenue.

The details of the building on the rear lot and its impact on neighbouring land will be assessed under a separate future application.

YES

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.

The proposed driveway and landscape works will not reduce or impair important views to and from the Heritage Item from the public domain.

YES

No metal panel fencing is to be constructed on any boundary of a

Heritage Item.

No fencing is proposed on the boundaries except for an wire mesh fence along the newly created boundary between Lot 1 and Lot 2.

Any future fencing on the boundaries would require separate development consent.

YES

Part 21 General Site Design

21.1 Earthworks and Slope

Development must be accommodated within the natural slope of the land.

The proposed driveway levels range from existing ground levels to elevated (on piers) up to 500mm higher than existing ground levels. The elevated portions of the driveway are to avoid cut within the tree protection zones of significant trees on the site. Overall the driveway and footprint/envelope are considered to respect the natural topography and biodiversity constraints on the site.

YES

21.2 Landscape Design

Ensure landscape design and species selection is suitable to the site and its context and considers the amenity of residents and neighbours.

The landscape design has been assessed by Councils Landscape Officer and Heritage Advisor and subject to recommended amendments to the design and species selection, the landscape work creates an acceptable level amenity for residents and neighbours.

YES

Part 22 General Vehicle Access

Provide well located and designed vehicle entrances that facilitate streetscape continuity and a high quality and amenity of the public domain.

Council’s Development Engineer is satisfied that the proposed vehicular access has been adequately designed to achieve the control requirements.

YES

Part 24 Water Management Controls

Stormwater must be discharged from the site in accordance with the controls for the relevant location category.

Council’s Development Engineer is satisfied that the proposed subdivision and associated infrastructure works have been designed to manage urban stormwater run-off as per the control requirements of the DCP, subject to conditions.

YES

Rear setback to Exley House (Lot 1)

The rear, north-western, setback to Exley House ranges between 8.1m to 15m where the controls prescribe a minimum 8.43m. The proposed setback is acceptable in this instance as the majority of the setback is greater than 8.43m and a detailed landscape design has been prepared demonstrating that dense screen landscaping will be provided along the Lot 1 and Lot 2 common boundary.

Side setbacks to building footprint (Lot 2)

The side setbacks to the building footprint on Lot 2 are 4.06m to the north-eastern boundary and 5.06m to the south-western boundary where the controls prescribe a minimum of 6.875m.

The proposed variation to the setback control is acceptable in this instance for the following reasons:

· The side setback controls require a greater setback (6.875m) than the front and rear setback controls (4.65m). It is more appropriate that a greater setback is applied to the front and rear of the building footprint as it provides greater separation to Exley House and is the most desirable location for future private open space. Compliance with the control would result in reduced front/rear setbacks and will likely result in greater amenity impacts to the neighbours at the detailed dwelling stage.

· The front and rear setbacks are 6.875m and exceed the minimum 4.65m control.

· The 4.06m setback to the north eastern boundary arises from shifting the building footprint to the north-east to allow the retention of significant trees and maximise the landscape buffer to 29 Finlay Road.

· The objectives of the control are achieved.

Subdivision and constraints on future development

The NSW Land and Environment court planning principle, Parrott v Kiama Council [2004] NSWLEC 77, was established to determine when should a subdivision application provide constraints on future buildings when the proposed allotments are smaller than usual, or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them.

In the subject application, the proposed allotments are smaller than the minimum lot size, the site is environmentally sensitive for heritage and ecological reasons and there are potential impacts on the neighbour at 29 Finlay Road.

Any future building and access to it may impact the heritage of Exley House and Blytheswood, impact on trees on the site and cause amenity impacts to 29 Finlay Road.

As such, additional information was requested of the applicant, including a detailed footprint/envelope and a driveway design that was informed by technical heritage, ecological and planning investigations.

Adopting and applying the principle in Parrot v Kiama Council, the information provided in the amended application (envelope, heights (RLs), footprint, technical reports, visual analysis, overshadowing diagrams, detail driveway design), adequately demonstrates the actual and likely environmental impacts that would arise from a dwelling on proposed Lot 2.

These impacts have been assessed and are considered acceptable, subject to the dwelling being contained within the building envelope identified by the applicant.

The future development application will need to address specific impacts such as, privacy and amenity to neighbours from internal and external habitable areas.

The site is a Heritage item, as such, any future dwelling requires development consent from Council (a CDC cannot be issued for a new dwelling on a Heritage Item) and would be subject to assessment against the suite of KLEP 2015 and DCP controls.

Any request to delist Lot 2 from the Heritage listing would be subject to a statutory assessment process where the likely impacts and implications would be considered.

Heritage conservation

The site is Heritage listed, being significant as a Post War International Style dwelling designed by Harry Seidler within its garden setting. The site also adjoins a heritage item at 29 Finlay Road, a dwelling known as Blytheswood and a heritage item at 22 Blythewood Avenue, a dwelling.

KLEP 2015 requires that the heritage significance of heritage items including their fabric, settings and views are conserved.

No physical work is proposed to the fabric of Exley House.

The application proposes the division of land in a battle axe configuration so Exley House is retained and located on a new smaller lot at the front and a new vacant lot is created to the rear, accessed via a driveway in the access handle along the south western boundary.

The application also proposes the construction of the driveway in the access handle, landscape works and an indicative building envelope. These works are necessary as part of the subdivision application to understand the actual impact on the trees and visual settings of the heritage items and constrain future development on the land.

The subdivision is assessed as having an acceptable impact on the setting and significance of Exley House for the following reasons:

(i) The informal front garden will be retained. The boundaries are unfenced and simply landscaped to enable the whole frontage to continue to be read as part of the setting of Exley House.

(ii) The indicative building envelope is located to retain significant trees and provide ample setbacks.

(iii) The plantings behind Exley House and between the new building footprint are dense and of a species that will achieve successful screening and privacy for each dwelling and conserve the most critical views of the Exley House setting.

(iv) The driveway turning area has been integrated into the building footprint to reduce the extent of hard surface area and maximise landscaping when viewing the rear lot from the public domain.

(v) The driveway finish is bitumen with informal edges and surrounded by varied landscaping.

The subdivision is assessed as having an acceptable impact on the setting and significance of the adjoining heritage items for the following reasons:

(i) Spatial separation and landscaping within the setbacks will act as sufficient screening to any new building on Lot 2 when viewed from the adjoining heritage items.

(ii) Amenity and overlooking impacts from the driveway to 29 Finlay Road is minimised by 3m high landscape screening along the south western boundary.

Amenity impacts to 29 Finlay Road - driveway

Concern has been raised by the owners of 29 Finlay Road regarding the adverse privacy, noise and vibration impacts arising from the proposed driveway.

The proposed driveway is located along the south western boundary, with a varied se back of 1.5m (front), 600mm (centre) and 3m (rear). The driveway adopts a meandering design in conjunction with being partly elevated up to 500mm to avoid impacts to roots of significant trees on the site.

Controls 23.8 and 23.9 of KDCP require development 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 and protect private open space and principal living areas from direct or unreasonable overlooking.

The use of a residential driveway servicing a single dwelling is not considered to cause noise and acoustic impacts beyond what is reasonably expected in a low density residential context. As such, acoustic barriers or measures are not considered warranted in this instance.

Drivers using the driveway, may be able to view the side elevation and rear garden of 29 Finlay Road. The visual privacy controls suggests that vegetation can be used as a screen between spaces to minimise impacts. The application was amended to provide mature 2m-3m high screen landscaping and 7m high trees along the south western boundary.

The proposed landscaping has been assessed by Council’s Landscape Officer and Heritage Advisor as being viable within the area proposed and resulting in an acceptable interface with 29 Finlay Road.

It is considered that the proposed landscaping to maintain privacy to 29 Finlay Road is a reasonable solution, resulting in acceptable impacts to the neighbouring property.

Ku-ring-gai Contributions Plan 2010

The development involves the subdivision of the land into 2 lots.

The development is subject to Section 94 contributions, levied in accordance with Ku-ring-gai Contributions Plan 2010.

A credit for the existing freestanding single family dwelling 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 $25,874.04 in Section 94 contributions prior to the release of any Construction Certificate related to the subdivision works or the release of the linen plans and/or Certificate of Subdivision, whichever occurs first (Condition 26).

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:

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

A. THAT Council, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP 2015 to vary the minimum lot size development standard has met the requirements of clause 4.6(4). Council is also of the opinion that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variations to the development standards.

AND

B. THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0160/16 for the Torrens title subdivision of one lot into two and associated subdivision works at 27 Finlay Road, Warrawee, subject to the conditions. Pursuant to section 95(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within 2 years of the date of the Notice of Determination.

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
Subdivision plan 42814PS Revision A	LTS Lockley	4 March 2016
Building envelope plan 001	Harry Seidler & Associates	25 January 2017
Landscape plan	CAB Consulting Pty Ltd	January 2017
Civil engineering plan GO160342 Issue D	Accor Consultants	31 October 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. 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:

Drawn by	Dated
CAB Consulting Pty Ltd	January 2017

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

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

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. 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.

6. 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 certifying authority form shall be submitted to Council.

Reason: Statutory requirement.

7. Notification of builder’s details

Prior to the commencement of any development or excavation works, the 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.

8. Archival recording of buildings (heritage items)

Prior to the commencement of any development or excavation works on site, the Certifying Authority shall be satisfied that an archival report has been completed and submitted to Council’s Heritage Advisor for the following properties:

a. 27 Finlay Road, Warrawee

The report must be a bound A4 report, prepared by a recognised NSW Heritage Office heritage consultant and must contain the following minimum requirements:

· title page

· statement of reasons the recording was made

· outline history of the item (including title records, subdivision plans, water and sewerage plans and any archival documents such as family records, old photographs, etc)

· statement of a heritage significance (to accepted Heritage Council criteria)

· specialised reports such as heritage assessments, dilapidation report, and builders or engineers reports

· location plan showing relationship of site to nearby area

· site plan to scale (1:200 - 1:500) showing all structures and site elements

· measured drawing including site survey, floor plans, all elevations, roof plan and one cross section (1:00)

· drawings of specific interiors or details nominated by Council’s Heritage Advisor

· room inventories noting materials, profile of nominated decorative elements (1:2) and nominated by Council’s Heritage Advisor

· black & white archival quality photographs, contact prints, with negatives and selected prints (one copy of negatives other copies with contact sheets and selected prints)

· colour slides (one set)

· colour photographs (one copy with negatives)

Digital images and CDs may be submitted as supplementary information.

All photographs in the report are to be mounted, labelled and cross-referenced to the relevant site plan and floor plans and showing position of camera. A photographic recording sheet must be included. Photographs of the following must form part of the archival report:

· each elevation

· each interior room

· photographs of specific details nominated by Council’s Heritage Advisor

· all structures on site, such as sheds, outhouses and significant landscape features

· several photographs of house from public streets or laneways including several views showing relationship to neighbouring buildings

Note: Three copies of the report must be submitted to Council’s Heritage Advisor, one copy with negatives. A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to the commencement of any excavation works on site.

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

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 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. Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved driveway to Lot 2, the existing dwelling and driveway on Lot 1 and the nature strip area shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site:

Tree/Location	Radius in metres
T2, T10 & T11 - 3 x Eucalyptus saligna (Sydney Blue Gum) / Front setback of Lot 1	5 metres
T22 - Eucalyptus saligna (Sydney Blue Gum) / South western corner of Lot 1	5 metres
T36 - Araucaria heterophylla (Norfolk Island Pine) / Eastern boundary of lot 2	5 metres
T42 - Macadamia tetraphylla (Macadamia) / Southern boundary of Lot 2	4 metres
T43 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	3 metres
T44 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	4 metres

Reason: To protect existing trees during the construction phase.

12. 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.

13. 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.

14. Tree protection measures inspection

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

Reason: To protect existing trees during the construction phase.

15. Construction waste management plan

Prior to the commencement of any works, the 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.

The plan shall address all issues identified in 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.

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

16. 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 Certifying Authority with a copy to Council.

Reason: To ensure the protection of existing trees

17. Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering 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
GO160342 D2.01 Issue D	ACOR Consultants	31/10/16
GO160342 D2.03 Issue D	ACOR Consultants	31/10/16
GO160342 D5.01 Issue D	ACOR Consultants	31/10/16

The above engineering plans shall be amended to clearly indicate the following:

a. To minimise impacts on the heritage item, Exley House, the entire new driveway extending from the kerb to the rear of Lot 2 is to be constructed of asphaltic concrete or finished in asphalt.

Reason: To retain and conserve the significance of the heritage item.

18. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the 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:

Prepared by	Dated
CAB Consulting Pty Ltd	January 2017

The above landscape plan shall be amended as follows:

a. Retaining wall

The proposed retaining wall along the south-western side of the existing dwelling (Exley House) shall be no higher than 450mm above existing grades. This retaining wall is to be constructed to match the existing retaining wall between Exley House’s garage and the street and be of a brick that matches the bricks used in Exley House. The wall is to be constructed as a double brick structure using stretcher bond pattern finished with a header course.

b. Fencing between Lots 1 and 2

The fencing plan shall clearly note that the fence is to be constructed of timber posts and rails with galvanised mesh infill with a 25x25mm profile.

c. Fencing along access handle

No fencing or any other type of dividing structure is permitted along the north-eastern boundary of the access handle to Lot 2.

d. Planting

The Lomandra ‘Tanika’ within the access handle to Lot 2 is to be replaced with turf or a groundcover that does not exceed 100mm in height.

e. Planting

The 5 x Camellia japonica and the 8 x Syzygium ‘Aussie Compact’ along the south-western side boundary of Lot 1 are to be replaced with a variety of species that do not exceed a height of 1 metre.

Prior to the issue of the Construction Certificate, the 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 Certifying Authority.

Reason: To retain and conserve the significance of the heritage item.

19. Conservation Management Plan

A Conservation Management Plan is to be prepared for each lot and both CMPs are to be submitted and endorsed by Council prior to the issue of a Construction Certificate for the proposed subdivision works. The CMPs must:

b. Ensure a consistent approach to the planting and maintenance of internal and perimeter boundary planting.

Reason: To retain and conserve the significance of the heritage item.

20. 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.

21. 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.

22. Excavation for services

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that no proposed underground services (i.e.: 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 Certifying Authority.

Reason: To ensure the protection of trees.

23. Landscape plan

Prior to the issue of the Construction Certificate, the 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 Certifying Authority.

Reason: To ensure adequate landscaping of the site.

24. 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.

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

25. 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:

f. “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

g. “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.

26. Section 94 development contributions - other than identified centres

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

Key Community Infrastructure	Amount
LGA Wide Local Recreational & Cultural	$3,022.21
Northern Area Local Parks & Sporting Facilities	$22,851.83
Total:	$25,874.04

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:

27. 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.

28. 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.

29. 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.

30. 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 Certifying Authority.

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

31. 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, 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.

32. 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.

33. 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.

34. 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.

35. Toilet facilities

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

Reason: Statutory requirement.

36. 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.

37. Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

· are restricted to one such sign per property

· do not exceed 2.5m²

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

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

38. 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.

39. 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.

40. 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 Certifying Authority and Council officers.

Reason: To protect the environment from erosion and sedimentation.

41. Arborist’s report

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

Tree/Location

Time of inspection

T22 - Eucalyptus saligna (Sydney Blue Gum) / South western corner of Lot 1

T36 - Araucaria heterophylla (Norfolk Island Pine) / Eastern boundary of lot 2

T42 - Macadamia tetraphylla (Macadamia) / Southern boundary of Lot 2

T43 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2

T44 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2

At the commencement of earthworks for the driveway and stormwater works followed by weekly inspections until the completion of the driveway and stormwater works

Reason: To ensure protection of existing trees.

42. Trees on nature strip

Removal of the following tree from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $20,000,000:

Tree/Location

T57 - Callistemon salignus (Willow Bottlebrush) / Finlay Road nature strip adjacent to the proposed access handle

Reason: To ensure protection of existing trees.

43. 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.

44. Cutting of tree roots

No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees:

Tree/Location	Radius from trunk
T22 - Eucalyptus saligna (Sydney Blue Gum) / South western corner of Lot 1	9.6 metres
T36 - Araucaria heterophylla (Norfolk Island Pine) / Eastern boundary of lot 2	7.2 metres
T42 - Macadamia tetraphylla (Macadamia) / Southern boundary of Lot 2	7.2 metres
T43 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	3.6 metres
T44 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	6.0 metres

Reason: To protect existing trees.

45. Approved tree works

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

Tree/Location	Approved tree works
T17 - Franklinia axillaris (Gordonia) / Within the access handle	Removal
T18 - Pittosporum undulatum (Sweet Pittosporum) / Within the access handle	Removal
T19 - Jacaranda mimosifolia (Jacaranda) / Within the access handle	Removal
T20 - Juniperus sp. (Juniper) / Within the access handle	Removal
T21 - Franklinia axillaris (Gordonia) / Within the access handle for Lot 2	Removal
T28 - Ligustrum lucidum (Large-leaved Privet) / Northern boundary of Lot 1	Removal
T37 - Pittosporum undulatum (Sweet Pittosporum) / Eastern boundary of Lot 2	Removal
T38 - Pittosporum undulatum (Sweet Pittosporum) / Eastern boundary of Lot 2	Removal
T39 - Tibouchina sp. (Lasiandra) / Within building footprint Lot 2	Removal
T40 - Ficus rubiginosa (Port Jackson Fig) / Within the access handle	Removal
T41 - Flindersia australis (Crow's Ash) / Within the access handle	Removal
T46 - Acer palmatum (Japanese Maple) / Western boundary of Lot 2	Removal
T49 - Citrus sp. (Citrus) / Within building footprint Lot 2	Removal
T50 - Citrus sp. (Citrus) / Within building footprint Lot 2	Removal
T51 - Acer palmatum (Japanese Maple) / Western boundary of Lot 2	Removal
T53 - Liquidambar styraciflua (Liquidambar) / Northern boundary of Lot 2	Removal
T57 - Callistemon salignus (Willow Bottlebrush) / Nature strip	Removal

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Development Control Plan.

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

46. Hand excavation

All excavation for the driveway piers and the installation of the stormwater pits and pipes within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Tree/Location	Radius from trunk
T22 - Eucalyptus saligna (Sydney Blue Gum) / South western corner of Lot 1	9.6 metres
T36 - Araucaria heterophylla (Norfolk Island Pine) / Eastern boundary of lot 2	7.2 metres
T42 - Macadamia tetraphylla (Macadamia) / Southern boundary of Lot 2	7.2 metres
T43 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	3.6 metres
T44 - Pittosporum undulatum (Sweet Pittosporum) / Southern boundary of Lot 2	6.0 metres

Reason: To protect existing trees.

47. 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.

48. Tree removal on nature strip

Following removal of the Callistemon salignus (Willow Bottlebrush) from Council's nature strip, the nature strip shall be rehabilitated to the satisfaction of Council’s Landscape Assessment Officer at no cost to Council.

Reason: To protect the streetscape.

49. 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.

50. Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.

Reason: To maintain the treed character of the area.

51. On site retention of waste dockets

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

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

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

Reason: To protect the environment.

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

52. Certification of drainage works

Prior to issue of the Occupation Certificate, the 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 24

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.

53. Certification of as-constructed driveway

Prior to issue of a Final Certificate, the 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 Certifying Authority prior to the issue of a Final Certificate.

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

54. Infrastructure repair

Prior to issue of the Occupation Certificate, the Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

55. Completion of landscape works

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

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

56. 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.

57. 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.

58. Reinstatement of crossings

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that following works have been completed:

· construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council

· removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

· reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials

· any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing

· any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) has been repaired to the satisfaction of Council and at no cost to Council

Reason: To protect public infrastructure and the streetscape.

59. 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.

60. 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.

61. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and a 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.

62. 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.

63. 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 Occupation Certificate issued for DA0160/16

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.

64. 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.

Amy Allen

Executive Assessment Officer

Richard Kinninmont

Team Leader - Development Assessment North

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1	Location Sketch - 27 Finlay Road, Warrawee	2017/062063
	A2	Zoning Extract - 27 Finlay Road, Warrawee	2017/062066
	A3	Clause 4.6 Variation Statement - 27 Finlay Road Warrawee	2017/062072
	A4	Subdivision Plan - 27 Finlay Road Warrawee	2017/062095
	A5	Building Envelope Plan - 27 Finlay Road Warrawee	2017/062111
	A6	Landscape Plan - 27 Finlay Road Warrawee	2017/062112
	A7	Drainage and Driveway Plans - 27 Finlay Road Warrawee	2017/062116
	A8	Heritage Memo - 27 Finlay Road, Warrawee	2017/068714

Ordinary Meeting of Council - 28 March 2017	GB.5 / 116

Item GB.5	DA0601/15
	8 March 2017

development application

Summary Sheet

Report title:	146 Mona Vale Rd, Pymble - Demolish existing structures and construct 4 town houses with basement parking
ITEM/AGENDA NO:	GB.5

Application No:	DA0601/15
Property Details:	146 Mona Vale Road, Pymble Lot & DP No: Lot 1 DP 659029 Site area (m²): 1126m² Zoning: R3 Medium Density Residential
Ward:	St Ives
Proposal/Purpose:	Demolish existing structures and construct 4 town houses with basement parking
Type of Consent:	Integrated (Roads Act 1993)
Applicant:	Mr M Arzani
Owner:	Mr M Arzani
Date Lodged:	18 December 2015
Recommendation:	Approval

Purpose of Report

To determine Development Application No. DA0601/15 which seeks to demolish existing structures and construct 4 town-houses with basement parking.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P3.1 The built environment delivers attractive, interactive and sustainable living and working environments

A high standard of design quality and building environmental performance is achieved in new development.

Assessment of applications is consistent with Council’s adopted LEP’s and DCP’s.

Executive Summary

Issues: Allotment size, basement projection

Submissions: 6 submissions received

Land & Environment Court: N/A

Recommendation: Approval

History

Site

The site has a history of residential use.

Pre-DA

On 22 April 2015, a Pre DA consultation was undertaken for the proposed demolition of the existing dwelling and construction of 5 town houses with basement parking. The applicant was advised of the following key issues:

· undersized allotment area (Cl. 4.6 Variation required)

· zone interface

· building setbacks

· neighbouring privacy and amenity

· adjoining heritage item (HIS required)

· potential overshadowing

· stormwater drainage

DA History

On 17 April 2014, a Development Application (DA0117/13) was refused for a proposal to demolish the existing dwelling and construct 3 units for seniors (SEPP Housing for Seniors or People with a Disability 2004).

Subject DA History

18 December 2015 The application was lodged.

8 January 2016 The applicant was requested to submit a 3 dimensional scale model prior to notification of the application. A geotechnical report was also requested.

22 January 2016 The model was submitted.

29 January 2016 The application was notified and advertised to neighbouring property owners for a period of 30 days.

16 May 2016 A letter was sent to the applicant advising of issues relating to:

Planning & urban design

- street setback and presentation

- bin storage area

- side and rear setbacks

- relationship with lot size

- private open spaces

- external design (northern elevation)

- accessibility

- gross floor area

Engineering

- water management

- traffic and parking

- waste management

Landscaping

- tree impacts

- landscape plan/tree replenishment

- stormwater works

- BASIX compliance

- deep soil area

Neighbour amenity

- privacy, views and amenity

- setbacks

- development scale and density

- streetscape impacts

19 July 2016 Amended plans and information were submitted in response to Council’s issues letter, including a reduction in the proposed number of town houses from 5 to 4.

31 August 2016 The applicant was advised of outstanding issues relating to:

Landscaping

- landscape plan details

- BASIX compliance

- tree impact assessment

- stormwater works (easement) and drainage plan

- deep soil area

27 September 2016 Amended plans and information were submitted.

28 October 2016 The applicant was advised of outstanding issues relating to BASIX.

2 November 2016 BASIX information was submitted.

The Site

Site description

The subject allotment is legally described as Lot 1 D.P 659029 and is an irregularly-shaped lot located on the western side of Mona Vale Road, Pymble. The site has a total area of 1126m², with a width of 29.6 metres at the frontage, 18.3 metres at the rear boundary, and a depth of 53.6 metres at the northern side boundary and 44.9 metres at the southern side boundary.

The site has a cross fall of approximately 4.2 metres from the south-eastern corner to north-western corner, at an average grade of 8.6%.

The site is occupied by an existing part two-part three storey dwelling house, which has a skewed footprint in relation to the front boundary such that it has a front setback ranging from 6.2m to 12m. Vehiclular access is provided via a driveway to Mona Vale Road at the northern end of the frontage, which serves a carport to the front of the dwelling and hardstand area to the rear of the dwelling. The building footprint sits within a landscaped setting.

The site does not contain a heritage item, but adjoins a heritage item along the rear boundary at No. 41 Pentecost Avenue. This site is also within the vicinity of a number of other heritage listed items at Nos. 45, 56, 68 and 73 Pentecost Avenue and Nos. 132, 136 and 142 Mona Vale Road.

Surrounding development

The site is located within a medium density residential area. The area broadly encompasses development of a transitional density between high and medium density developments (including numerous seniors living developments) to the north towards St Ives local centre and low density dwelling houses to the south.

Specifically, the site is immediately adjoined by a multi-storey seniors living development to the north (148-152 Mona Vale Road) and a single dwelling house to the south (39 Pentecost Avenue). Additionally, a section of the site’s northern side boundary to the rear of site adjoins the Pymble Golf Course. To the west (41 Pentecost Avenue), the rear boundary of the site is adjoined by a two storey dwelling house, which is a heritage listed item.

The Proposal

The proposal, as amended, involves the demolition of the existing dwelling and associated structures on site and construction of 4 town houses (multi-unit dwellings), including basement parking as follows:

· construction of 4 town houses of brick construction with flat metal roof in the following configuration:

Town-house	No. of storeys	No. of bedrooms	Gross floor area
A	3	4	185.1m²
B	3	3	160.6m²
C	3	3	160.6m²
D	2	3	172.8m²

· each town-house is designed with the principal living area, being a combined kitchen/living/dining area, located at the ground floor and bedrooms at the upper floors.

· primary private open spaces are provided to the northern side of each dwelling, accessible from the main living areas on the ground floor, in addition to supplementary private open spaces in the form of terraces/balconies on the upper floors.

· basement car park accessible by lift, including provision for 10 car spaces (including 1 visitor space), bicycle parking, bin storage area and storage cages

· vehicular access is provided by a new driveway to Mona Vale Road at the northern end of the frontage

· pedestrian access is provided by a path from the southern end of the frontage to the dwelling entrances

· associated stormwater management and landscaping works are included in the proposal

Amended plans

Amended plans were received in response to Council’s issues letters (refer to above DA history), which involved a number of design changes including a reduction in the proposed number of town-houses from 5 to 4, in addition to stormwater and landscaping amendments.

Consultation

Community

In accordance with the Ku-ring-gai Local Centres DCP, owners of surrounding properties were notified of the application. In response, submissions from the following were received:

1. N & P Hine - 1/148-152 Mona Vale Rd, St Ives

2. AJ Tinworth - 4/148 Mona Vale Road, St Ives

3. G & E Donnelley - 41 Pentecost Ave, Pymble

4. J Cunningham - 148 Mona Vale Road, St Ives

5. D Forsythe, Secretary, Owners' Corporation Strata Plan 78477 - 148-152 Mona Vale Road, St Ives

6. T & K Tinyow - 39B Pentecost Avenue, Pymble

The submissions raised the following issues:

Loss of privacy and amenity (overlooking and acoustic/noise impacts)

Visual and acoustic privacy impacts to neighbouring properties have been assessed with respect to the applicable planning provisions (as below) and are considered acceptable, subject to conditions.

The development as amended, will not significantly impact the acoustic privacy of neighbouring properties having regard to the transitional density context of the area, site layout and design considerations including building setbacks. In particular, the driveway and common access path are each set back sufficiently from neighbouring boundaries and the likely additional traffic noise associated with the basement car park will be minimal.

Visual privacy to neighbouring properties has also been suitably protected by dwelling configurations, building setbacks, window placement, floor plan layouts and screen planting. The proposal will maintain appropriate visual privacy to neighbouring properties by orientating principle living spaces and associated windows of dwellings towards their respective private open spaces, with adequate building separation and the use of privacy measures such as louvres, fencing and screen planting. In conjunction, the skewed allotment configurations and footprints of the neighbouring dwellings are also noted in this regard such that there no significant visual privacy impacts are likely.

Tree removal, including on adjoining properties (no consent)

The proposal involves retention and protection of trees on adjoining properties as required. Additionally, protection of significant trees worthy of retention on the subject site is required by conditions as recommended Council’s Senior Landscape Assessment Officer (Conditions 12 – 16, 64 - 69).

Building height

The proposed 10.7 metres building height, being, complies with the 11.5 metres building height development standard. As such, the proposed height is acceptable having regard to the medium density zone and transitional context at the site. The proposal is also considered acceptable on merit with regard to the number of storeys as discussed in detail below with respect to the Local Centres DCP assessment criteria.

Parking and traffic impacts, including safety

A Traffic and Parking Assessment report has been submitted with the application. Council’s Senior Development Engineer is satisfied with car parking and traffic aspects of the proposal, subject to conditions as discussed below (refer to Consultation – Within Council). The engineering assessment has due regard to aspects relating to driveway access, egress, manoeuvring and safety implications. No objections are raised to the proposal in these respects.

Demolition and construction management, including control of dust, waste, noise and potential damage to neighbouring properties

Aspects of demolition and construction management may be suitably managed by conditions of consent, including dust control and waste management measures (Conditions 17 and 50). Noise will be addressed by a noise and vibration management plan to be prepared in accordance with AS2436 - 2010 and with the Office of Environment and Heritage Interim Construction Noise Guidelines (Condition 18). Construction will also be restricted to suitable daytime hours (Condition 45). In addition, Council’s Development Engineer is satisfied with the submitted geotechnical report with respect to potential impacts of construction.

Amalgamation of lot with adjoining site at 39B Pentecost Avenue, Pymble

Requiring lot amalgamation is considered unreasonable and is not required by Clause 6.5 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012. Moreover, the site provides a sufficient area to accommodate the proposed development, in accordance with the objectives of the applicable planning provisions, with no significant impacts to the environment, neighbouring properties or the streetscape.

Loss of solar access

The proposal will maintain no less than 3 hours of solar access to the living rooms and principal private open space of adjoining properties between 9am and 3pm in midwinter. The proposal therefore complies with the Local Centres DCP solar access control and is acceptable in this regard.

Overdevelopment of the site (five units)

The amended proposal is four units (five dwellings were originally proposed). The amended design satisfies the floor space ratio development standard and demonstrates a building form compatible with that envisaged for the site given its medium density zone and transitional context of the surrounding area.

Setbacks are insufficient

The proposed building setbacks are acceptable, notwithstanding some non-compliances. The building setbacks will maintain suitable streetscape and neighbouring amenity in accordance with the type of development envisaged by the zone and objectives of the relevant planning provisions.

Insufficient common outdoor space

The proposal does not include more than 10 dwellings and therefore does not require communal open space in accordance with the Ku-ring-gai Local Centres DCP. Notwithstanding, sufficient soft landscaped open space is provided within the site in common ownership setback areas, which provide suitable landscaping amenity for the site and surrounding area.

Loss of views to golf course

The proposal will not result in any unreasonable loss of views, noting there are no iconic views across the subject site. The amended scheme involves the reduction of the number of dwellings to four and provides increased setbacks, particularly the rear setback of Dwelling D which satisfies the minimum requirement. Dwelling D is also visually recessive having regard to its height (2 storeys), flat roof profile and position at the low end of the site. The proposed development is consistent with the objectives of the zone and satisfies the building height, FSR and landscaping provisions of the LEP and DCP.

Noise from entries facing common side boundary

The dwelling entries are recessed and oriented appropriately such that no significant noise impacts are envisaged. The location of the access path and the small number of dwellings serviced will not result in any unreasonable amenity impacts.

Stormwater/drainage impacts

Council’s Development Engineer has considered potential stormwater impacts to neighbouring properties and concludes that the proposal is acceptable in this regard, subject to conditions.

Common boundary fencing (no consent from adjoining property owners)

The proposal does not provide details of any proposed fencing to common boundaries with neighbouring properties and consent from adjoining property owners has not been provided in this regard. This is a civil matter that falls under the Dividing Fences Act.

Lighting impacts

Outdoor lighting for access to the proposed dwellings will be managed by conditions restricting lighting levels to preserve residential amenity (Conditions 24 and 89).

Appropriateness of proposal

The proposal as amended is considered appropriate for the site and its context in a medium density zone within a transitional area of Mona Vale Road, between low density developments to the south and medium-high density developments to the north. The design is considered to respond appropriately to the site and surrounding properties and is acceptable having regard to the relevant planning provisions as discussed in further detail below.

Amended plans

The amended plans were not required to be notified in accordance with the Ku-ring-gai Local Centres DCP as the environmental impact associated with the amended plans is no greater than that of the previously notified proposal.

Within Council

Engineering

Council’s Development Engineer commented on the proposal as follows:

Water management

The interallotment drainage pipe has been shown on the plans and endorsed by the arborist and Landscape Services. This is satisfactory. A deferred commencement condition requiring the registration of the easement before the operation of the consent is recommended and has been included in Property and Rating (Schedule A Condition).

Otherwise, there has been little change to the water management plans. Matters raised previously are still applicable. Conditions of consent are recommended which will address this prior to the issue of the Construction Certificate. It appears that there is no WSUD sheet as referenced, so water quality measures will have to be shown on the Construction Certificate plans as well.

The water management regime shown on the ACOR plans includes 20 000 litres of rainwater retention, with re-use for toilet flushing, clothes washing and irrigation, according to Drawing C1C. This is beyond the BASIX water commitments for irrigation and despite the note on C3. Full re-use will be conditioned, as required to achieve Council’s 50% reduction in runoff days, which is important for this site, close to the Branch of Cowan Creek on the other side of the golf course.

The engineer has requested a concession on the detention volume due to the site’s position in the catchment. If the re-use is maximised as above, and this will be conditioned, then it is considered that this concession may be made.

Traffic and parking

Adequate on-site parking is provided, including visitor parking. As previously stated, the basement layout is satisfactory.

Waste management

Access for the small waste collection vehicle is shown on the basement plan. The elevation shows headroom at the entry to the building, and there is approximately 3 metres of floor to floor height available. The recommended conditions require the Construction Certificate plans to be certified as to the availability of head clearance for the small waste collection vehicle, and it is noted that the turning area is adjacent to the accessible space, which will require 2.5 metres of headroom. This should ensure that the headroom will be available for the path of travel of the small waste collection vehicle.

Geotechnical investigation

Up to 4 metres of excavation is required to achieve basement level. The site is underlain by weathered shale. The report contains recommendations for vibration monitoring and excavation methods and support. Dilapidation survey of neighbouring structures is conditioned (Condition 9).

Landscaping

Council’s Landscape Assessment Officer commented on the proposal as follows:

Tree impacts

An updated arboricultural impact assessment report has been submitted with the application. The following comments are made:

· The assessing landscape officer concurs with the arboricultural impact assessment for development impact as a result of the building.

· The most significant tree associated with the site is T10, a mature Cedrus deodar (Himalayan Cedar) located adjacent to the rear site boundary in the neighbouring heritage listed property.

· The removal of T6 and T7 although shown to be retained is acceptable. The two trees have a high level of impact as a result of the development works, and do not have broader landscape significance or value.

Landscape plan

· T6 and T7 are shown to be retained, but stated for removal within the SEE. The removal of T6 and T7 can be supported to accommodate replenishment tree planting, and a superior long term landscape outcome.

· The landscape plan shows fencing of private courtyards to the boundary. This is inconsistent with the aims and objectives of the KLCDCP. The proposed terraces are at higher levels and do not relate or respond to the landscape areas within the setback. It is conditioned for the fencing to be deleted (Condition 19).

Tree replenishment

KLCDCP requires the site to accommodate one tall tree capable of attaining a mature height of 13 metres, per 400m²of the site area or part thereof. For a site of 1126m²a minimum of three tall trees is required.

The landscape plan proposes the planting of one tree within the site frontage. To facilitate the planting of a taller tree species it is conditioned for T6 and T7 to be removed, which will facilitate the planting of an additional canopy tree. T10 is assessed as influencing the site and is therefore included within the canopy tree numbers. Therefore with an additional tree planting, the development will be consistent with minimum tree replenishment numbers as outlined within the DCP.

Stormwater plan

Previous concerns have been satisfactorily addressed. The proposed drainage works for the site are acceptable on landscape grounds.

BASIX

The amended BASIX certificate and the proposed landscape areas is assessed as being consistent.

Deep soil

The Ku ring gai Local Centres DCP requires a minimum of 40% of the site area to be maintained as deep soil landscape area.

Deep soil landscape area is defined as the soft landscape part of the site area that is not occupied by any structure whether above or below ground, except for minor structures such as paths to 1.2 metres wide, pipes of 300mm or less, lightweight fences, has a minimum width of 2.0 metres, is not used for car parking.

For a site of 1126m²a minimum of 450m²is required. By the applicant’s calculations the development will result in a deep soil landscape area of 480m²or 43% of the site area.

The assessing landscape officer is in agreement with the areas included within the deep soil landscape area calculations.

The application is acceptable on landscape grounds, subject to conditions.

Heritage

Council’s Heritage Advisor commented on the proposal as follows:

Heritage status

The site is not a heritage item but the western end of the site adjoins a heritage item listed in Schedule 5 of the KLEP 2015; – No 41 Pentecost Avenue and is within the vicinity of several heritage items including:

• Nos 45, 56, 68 and 73 Pentecost Avenue, Pymble; and

• Nos 132, 136 & 142 (corner of Pentecost Avenue) Mona Vale Road.

Clause 5.10 (4) of the KLEP 2015 requires that before granting consent to the proposed works Council must consider the effect of the works on the heritage item, nearby items or conservation area concerned. Clause 5.10 (5) allows Council to require a HIS before granting consent

Adjoining heritage item

Part of Pentecost Avenue Inter War Houses Group, No. 41 Pentecost Avenue is of historical and aesthetic significance as a fine, substantial representative example of an Inter-War Functionalist style house, likely architect-designed, which illustrates the development of the Pymble Golf Links Estate from 1928 to circa 1950, governed by an elaborate covenant designed to ensure the building of such high quality housing. The house, built 1939-1940, has historical association with its well-known local builder Robert Wallace Park, and its design has been attributed to architect Douglas Agnew, who designed a number of houses built by Park at this time. The setting of the house, on an original unsubdivided lot of the Pymble Golf Links Estate, with frontages to both Pentecost Avenue and Pymble Golf Course, is of historical and aesthetic significance.

The house is a two storey blonde brick Inter-War Functionalist style house with curved corners, a large hipped terracotta tiled roof with a round chimney, and secondary hips to the front (south) and east side elevations. The house features timber framed casement or fixed windows with horizontal glazing bars, including curved corner windows. There is a projecting, flat roofed porch to the front elevation. The front elevation features a projecting curved brick stairwell with two-storey panels of glass bricks.

The driveway curves past the west elevation of the house to the rear of the site and has a low sandstone retaining wall on the eastern side of the driveway in the front garden. The front garden features hedging and small trees.

There is a sandstone front fence with timber lap and cap panels added above.

The rear (north) elevation of the house faces the Pymble Golf Course and (from 1943 aerial and modern satellite view) appears to have a projecting wing with a roof deck, which has been extended since 1943. A swimming pool has been added to the rear garden.

The building has a similar architectural style to the item at No 45 Pentecost Avenue, also designed by Douglas Agnew. The architect was an important architect in Ku-ring-gai, being responsible for many modernist houses, many located in HCAs and one item being a local and State item – “Mahratta” on the corner of Fox Valley Road and the Pacific Highway, Wahroonga. The adjoining house has some design elements associated with “Mahratta”, although on a much more modest scale.

“No. 41 Pentecost Avenue is of historical and aesthetic significance as a fine, substantial representative example of an Inter-War Functionalist style house, likely architect-designed, which illustrates the development of the Pymble Golf Links Estate from 1928 to circa 1950, governed by an elaborate covenant designed to ensure the building of such high quality housing. The house, built 1939-1940, has historical association with its well-known local builder Robert Wallace Park, and its design has been attributed to architect Douglas Agnew, who designed a number of houses built by Park at this time. The setting of the house, on an original un-subdivided lot of the Pymble Golf Links Estate, with frontages to both Pentecost Avenue and Pymble Golf Course, is of historical and aesthetic significance.”

Proposed demolition of structures at No.146 Mona Vale Road Pymble

The existing house is a substantial and good example of a post war English Revival style building built in the late 1940s. It appears to be intact, including its low stone front fence and stone flagged paving and entrance. The houses around the Pymble Golf Course were part of a 1920s subdivision undertaken by the golf club to finance development of the golf course. The owners of the houses were generally members of the golf club and it was an “exclusive housing area” developed with restrictive covenants on the lots to ensure a high standard of construction.

The subject site is not identified as a heritage item but was identified in the former 2008 Town Centres Review as a contributory item.

The potential “contributory” status of the site did not lead to any change in its heritage status and it was ultimately rezoned R3 in the Local Centres LEP. The proposed demolition is acceptable and a Photographic Archival Recording would be required if any future consent is undertaken.

Controls

The Ku-ring-gai Development Control Plan 2015 Section 20F explains the objectives and controls for development within a Heritage Conservation Area. The following relevant objectives and controls apply;

DEVELOPMENT IN THE VICINITY OF HERITAGE ITEMS OR HERITAGE CONSERVATION AREAS (HCAS)
*Development Controls*	*Complies*
*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.	Partial No No No Yes Partial Yes
*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*
*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.	Yes
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 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.	Yes
*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 No Yes

The principal outlook of the heritage item and its primary frontage is to Pentecost Avenue and is located away from the subject site. Views from the item to the Pymble Golf Course would also be unaffected.

The proposed development increases the density of the subject site and changes the character of development in the immediate vicinity of the heritage item. Notwithstanding this change, the proposal remains separated from the item and is screened by existing vegetation. There is no direct view impact on any appreciation of the heritage item from the public domain.

The proposal will be screened from the heritage item by existing mature planting.

20F.1 Local Character and Streetscape

The proposed development scales down to two storeys nearer the boundary with the heritage item but its form will be very different to the heritage item.

The proposed development is contemporary in design and does not reflect the Inter war character of the heritage item.

The proposed materials include a mixture of face brickwork and painted rendered brickwork walls, aluminium framed windows and colorbond roof sheeting which will be uncharacteristic to the heritage item.

The proposed colour scheme includes the primary wall finish in an off-white colour. Other colours include dark brown brickwork wall finish, grey paint rendered wall finish and a dark colorbond roof finish which will be unsympathetic with the heritage item.

Notwithstanding the above, any impact will be minimal as the proposal remains separated from the item and is screened by existing vegetation. There is no direct view impact on any appreciation of the heritage item from the public domain.

20F.3 Gardens and Landscaping

The landscape officer has noted that “The most significant tree associated with the site is T10, a mature Cedrus deodar (Himalayan Cedar) located adjacent to the rear site boundary in the neighbouring heritage listed property. The project arborist has not assessed tree impacts due to the proposed drainage works for the site. Additional excavation for drainage lines and Pit 5 are proposed within the SRZ and TPZ of T10 which is likely to result in additional adverse tree impact.

It is requested the project arborist undertake further impact assessment. T10 is a species known for its sensitivity to development impact, and a shallow root plate. It is therefore recommended that any encroachment within the TPZ be minimised.”

Planner’s comment:

An amended arboricultural assessment has since been submitted in relation to likely impacts to T10. In response, Council’s Landscape Assessment Officer has advised that the subject tree will not be unduly impacted by proposed drainage works, subject to conditions (refer to above comments).

Recommendation

The proposed development will have minimal impact on the adjacent heritage item and nearby heritage items and is acceptable on heritage grounds, subject to archival recording (Condition 7) and retention of tree T10 (T10 is to be retained and impacts minimised as per above comments).

Building

Council’s senior building surveyor raised no objections to the amended proposal, subject to standard conditions requiring compliance with the Building Code of Australia, fire safety measures and access to premises standards (Conditions 44, 79 and 88).

Urban design

Council’s urban design consultant commented on the proposal as follows:

Executive summary

The amended design resolves a number of issues in the original application with respect to the siting of the development, relationship to existing ground levels, amenity and impact on adjoining properties.

Context and neighbourhood character

· The site is located to the south-west of the St Ives Centre in an area that comprises town houses and single dwelling houses. To the rear and north of the site is Pymble Golf Club

· The dwellings are oriented towards the side boundary that is facing north. The adjoining development is skewed from the common boundary, which reduces direct overlooking.

Built form and site design

· The alignment of buildings to Mona Vale Road is skewed (as per the existing dwelling on site) as a result of the irregular lot shape and size. The proposed development has a setback that is generally consistent with the average in the street and that of the existing building. The front setback contains common landscape.

· The building is centrally located on the site and is orientated to the north and towards the golf course.

· The driveway width is reduced after the entry which reduces the visual impact of the driveway from the street, and being adjacent to the development avoids a ‘hole in the façade’.

· The pedestrian access is clear and a direct line of site is available from the street to the lift. Entry doors are recessed and could provide an opportunity for concealment, however the side setback is generous and open, maximising the view from the street.

· Deep soil is provided around the perimeter of the site and the landscape plan provides a mix of screening plantings and low mass planting.

· No communal open space is provided – however the development is small in scale and no communal open space is required for a development of this scale.

Building design and sustainability

· The dwellings have been designed to maximise solar access to internal and external living spaces, each with a northern orientation.

· All dwellings are cross ventilated.

· The dwelling sizes are appropriate and the internal room configuration is functional.

· Although the dwellings orientate towards the adjoining site to the north, privacy is managed by building separation and privacy screens.

· The external articulation and form is modern in character which is appropriate for the locality and is well resolved. The different forms are applied with different textures providing visual interest.

Outside Council

Roads and Maritime Services

The proposal has frontage to Mona Vale Road, which is a classified road and as such was referred to Roads and Maritime Services (RMS) for concurrence in accordance with the Roads Act 1993, and SEPP (Infrastructure) 2007.

In response, the RMS provided the following comments:

Roads and Maritime has reviewed the submitted application and would provide concurrence under Section 138 of the Roads Act 1993 subject to the following conditions being included in any consent issued by Council (Condition 96).

RMS conditions have been incorporated into the recommended development consent conditions (Condition 96).

Statutory Provisions

Acts

Environmental Planning and Assessment Act 1979 (EP&A Act)

The proposal is ‘Local Development’ under Part 4 of the EP&A Act and requires development consent.

The provisions of Section 79C (1) of the EP&A Act determine the matters for consideration in assessing a development application as stated below:

(a) The provisions of:

(i) any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan; and

(iv) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(vi) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the regulations and policies are addressed in the following sections of this report. The likely impacts, suitability of the site and public interest are also addressed below.

Roads Act 1993

Under the provisions of section 91 of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development on the basis that the development requires concurrence from Roads and Maritime Services under section 138 of the Roads Act.

Roads and Maritime Services, provided concurrence, subject to conditions as discussed above (Condition 96).

State Environmental Planning Policies

State Environmental Planning Policy (Infrastructure) 2007

The proposal is subject to the provisions of State Environmental Planning Policy (Infrastructure) 2007 on the basis that it involves development with frontage to a classified road (Mona Vale Road).

The relevant clause of the SEPP is provided below.

101 Development with frontage to classified road

(1) The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The Roads and Maritime Services comments are provided above and the recommended condition has been included (Condition 96).

The proposal is also subject to Clause 102 of the SEPP as provided below.

102 Impact of road noise or vibration on non-road development

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data published on the website of the RTA) and that the consent authority considers is likely to be adversely affected by road noise or vibration:

(a) a building for residential use,

(b) a place of public worship,

(c) a hospital,

(d) an educational establishment or child care centre.

(2) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3) If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

(4) In this clause, freeway, tollway and transitway have the same meanings as they have in the Roads Act 1993.

Compliance with the applicable SEPP criteria will be required by condition (Condition 30).

The relevant provisions of the SEPP have been taken into consideration in the assessment of the application and the proposed development is satisfactory, subject to conditions.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (SREP 20)

SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism.

The proposed development achieves the relevant aims under this policy as it includes stormwater measures to manage runoff volumes and water quality to the satisfaction of Council’s Development Engineer, subject to conditions.

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

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential use and, as such, it is unlikely to contain any contamination. Accordingly, further investigation is not warranted in this case.

State Environmental Planning Policy (BASIX): 2004

A BASIX certificate was lodged with the application as required and a revised certificate was submitted with the amended plans. The revised certificate demonstrates compliance with the provisions of the SEPP and is consistent with commitments identified in the application documentation.

Local Content

Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (Local Centres LEP)

Zoning and permissibility:

The site is located within the ‘R3 Medium Density Residential’ zone. The proposed development is defined as a multi-dwelling housing, which is a permissible form of development in the zone.

Zone objectives:

The development:

· provides for the housing needs of the community within a medium density residential environment

• provides for a variety of housing types within a medium density residential environment

• supports the use of the land to provide facilities or services to meet the day to day needs of residents

• provides a transition between low density residential housing and higher density forms of development

The proposed development therefore upholds the zone objectives.

Principal development standards

Development standard	Proposed	Complies
Site area: 1126m²
Cl. 4.3 Height of buildings: 11.5m (max)	10.7m	YES
Cl. 4.4 Floor space ratio: 0.8:1	0.64:1	YES

Clause 5.9 Preservation of trees or vegetation

Council’s Landscape Assessment Officer is satisfied that the proposed development will not unduly impact upon any significant trees or vegetation, subject to conditions.

Clause 6.1 Earthworks

The proposal involves excavation to construct a basement. The basement is appropriately located away from property boundaries such that the excavation will not affect adjoining properties and will not have a significant detrimental impact on the site and its surrounding environment, subject to conditions.

Clause 6.2 Stormwater and water sensitive urban design

Council’s Development Engineer has given consideration to the objective of this clause which seeks to minimise the adverse impacts of urban water on the site and within the catchment. The stormwater design adequately manages water quality and control discharge volumes and frequency, subject to conditions.

Clause 6.5: Site requirements for multi dwelling housing and residential flat buildings

Development standard

Proposed

Complies

Cl. 6.5 Site area

1,200m² (min)

1126m²

(Cl. 4.6 variation)

Cl. 6.5 Street frontage

Site area <1,800m² = 24m (min)

29.6m

YES

Clause 6.5 – Site area

The area of the lot does not meet the requirement for multi-dwelling housing as prescribed by Clause 6.5(2) of the KLEP (Local Centres) 2012, which states the following:

(2) Development consent must not be granted for the erection of multi dwelling housing or a residential flat building on a lot unless the lot has an area of at least 1,200 square metres and at least 1 street frontage of not less than:

(a) if the area of the lot is less than 1,800 square metres—24 metres, or

(b) if the area of the land is 1,800 square metres or more—30 metres.

The site has an area of 1126m²and as such does not comply with the specified minimum area of 1,200m². The extent of the departure is by 74m² (6.2%).

The site has a street frontage to Mona Vale Road of 29.6 metres and therefore complies with the minimum 24 metres street frontage development standard.

The applicant has made a submission pursuant to Clause 4.6 “Exceptions to development standards” of the KLEP (Local Centres) 2012, requesting a variation to the standard which is considered below.

Clause 4.6 Exceptions to development standards

The proposed development breaches the site area development standard of the KLEP (Local Centres) 2012. The applicant has made a submission pursuant to Clause 4.6 to vary this development standard. Clause 4.6 provides flexibility in applying certain development standards on the following grounds:

1. The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

2. Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

3. Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

4. Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

Whether compliance with the standard is unreasonable and unnecessary in the circumstances of the case

The applicant has provided justification that strict compliance with the site area development standard is unnecessary and unreasonable for the following reasons as summarised:

i) It is unreasonable and unnecessary to require strict compliance with the development standard given the existing surrounding development and that the allotment can support multi-dwelling houses in general compliance with Council’s LEP and DCP controls.

ii) For the above reasons, it would therefore be unreasonable and unnecessary to require strict compliance with the standard.

The site provides sufficient area to accommodate the proposed development, without any significant impacts having regard to the environment, neighbour amenity and character of the streetscape and surrounding area.

In this regard, it is considered unreasonable and unnecessary to comply with the standard given that the application as amended demonstrates that the subject multi-dwelling housing development can be accommodated within the site whilst being in essence consistent with the relevant environmental planning policies.

Particular reference is made to the positive performance of the amended design with respect to the assessment criteria and respective objectives of controls of the KLEP (Local Centres) 2012 and Local Centres DCP in relation to aspects including the following:

· floor space ratio and building density

· building height and scale

· site layout

· site coverage and landscape area provisions

· building setbacks

· dwelling placement, design and amenity, including private open space and parking provision

· visual and acoustic privacy for the proposed dwellings and neighbouring properties.

The above aspects are discussed in detail below with respect to the Ku-ring-gai Local Centres Development Control Plan.

The site is suitable for the development having regard to the transitional context of the site, which consists of high and medium density developments (including numerous SEPP 5/SEPP Seniors Living developments) directly to the north and low density dwelling houses to the south. The site also benefits from the expansive open space landscaped area provided by the Pymble golf course, which adjoins the site to the north-west.

The proposal is consistent with the objectives of the R3 Medium Density Residential zone in addition to the objectives of the development standard in relation to the site requirements for multi dwelling housing. Additionally, Council’s Urban Design Consultant has no objection to the proposal with respect to the site area.

It is considered that amalgamation of allotments to increase the site area is impracticable in the foreseeable future given the circumstances and zoning of the adjoining lots. The adjoining lots

comprise of recently constructed (circa-2005) SEPP 5/SEPP Seniors Living developments on R3 medium density residential zoned land to the north-east (148-152 Mona Vale Road) and existing single dwellings on R2 low density residential zoned land to the south (39 Pentecost Avenue) and south-west (41 Pentecost Avenue). Additionally, a section of the site’s northern side boundary (towards the rear), adjoins the Pymble golf course. The development will not result in the isolation of any adjoining sites having regard to their development potential. As such, requiring lot amalgamation to achieve compliance with the development standard would frustrate the orderly and economic development of the land.

Having regard to the abovementioned circumstances, including the relatively minor extent of the departure and absence of detrimental impacts, insistence on compliance with the site area (Clause 6.5) development standard would be unreasonable and unnecessary.

Environmental planning grounds to justify contravening the development standard

The applicant has provided environmental planning grounds for the proposed variation to the development standard, which are summarised as follows:

A beneficial environmental outcome will be achieved by permitting the land to be developed in accordance with the zone objectives and the submitted plans.

It is considered that there are sufficient environmental planning grounds to justify a variation to the development standard for minimum site area having to the below factors:

· The subject site has minimal constraints and the proposed development to provide multi-unit dwellings can be achieved in accordance with the zone objectives.

· The submitted landscape plans demonstrate that the development will be seen to satisfy the objective of providing multi-unit dwellings within landscape surrounds.

· The development will be entirely compatible with the zone objectives.

The above factors summarise the environmental planning grounds being the circumstances particular to the site and development that merit a variation to the development standard.

The interaction of the site slope and the desired architectural outcome combine to produce a meritorious development notwithstanding the numerical variation to the minimum site area standard.

The above environmental planning grounds are considered well founded having regard to the proposed development as amended. It is considered that contravention of the development standard raises no matter of significance for state or regional environmental planning and that there is no public benefit in maintaining the development standard in this particular case.

Public interest – Development consistent with the zone objectives and objectives of the development standard

Zone objectives

The objectives of 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 applicant has provided sufficient grounds to demonstrate that the proposed development is consistent with the above zone objectives as follows:

The proposal will provide for additional medium density housing stock in the locality, in the form of multi-dwelling housing comprising 4 town-houses. It is demonstrated that the site is capable of supporting the town-houses as proposed.

The proposal provides an appropriate transition between medium to high density development to the north-east of the site (towards St Ives local centre) and low density development prevailing to the south and west, with the backdrop of the Pymble Golf Club to the north-west.

The proposal has been designed to ensure neighbour amenity having regard to the transitional context of the site through providing appropriate view sharing, minimising overlooking opportunities and maintaining required levels of solar access. In particular:

• The development complies with the landscape requirements of Council’s policy.

• The proposal has generous setbacks to all site boundaries.

The site has an area of 1126m², which is 74m² (6.2%) less than the standard of 1,200m². However, as indicated in the above compliance table, the site has a street frontage dimension of 29.6 metres, which comfortably exceeds the 24 metres minimum standard applicable for such development by 5.6 metres (23.3%). This demonstrates that the width is sufficient to accommodate such development. Additionally, as indicated in the above table, the proposal provides a floor space ratio that is within the maximum allowable, which indicates that the density of the development is acceptable for the site.

The proposal provides 4 new town houses that are compatible with the site area and dimensions, within an appropriate medium density zone. This proposed housing type adds to the variety of housing types in the subject residential environment, which predominantly consists of medium and high density housing to the north and east of the site, including SEPP 5/SEPP Seniors Living developments and single detached dwellings in the prevailing area to the south and west. The development itself incorporates a mix of 3 and 4 bedroom dwellings across floor plans of 2 to 3 levels. As such, the proposal will appropriately increase housing choice in the locality, being within a residential context of transitional density.

The development is considered to be in the public interest.

Objectives of the development standard

The applicant has provided sufficient grounds for the proposed variation to the development standard in response to the objectives of the site requirements development standard (Clause 6.5) as follows:

a) To provide site requirements for development for the purpose of multi dwelling housing and residential flat buildings so as to provide for the orderly and economic development of residential land while maintaining the local character.

b) To ensure that the lot sizes and dimensions of medium and high density residential sites allow for generous landscaped areas and setbacks to ensure the amenity of adjoining properties and to support the desired future character of those areas.

The property is zoned R3 Medium Density Residential. It is bounded by existing multi dwelling housing to the north-east in the form of aged persons housing and single residential dwellings to the south-west and rear on land zoned R2 – Low Density Residential. In the circumstances there is no opportunity for site consolidation to increase the area of the subject R3 zoned lot. The proposed multi dwelling development provides a well-considered outcome for the site, consistent with the zone objectives.

The proposal is representative of well-designed dwellings within a multi dwelling environment providing generous private open space and building outcomes within a garden setting. The planning outcomes will be in the public interest in permitting the orderly and economic use of the land thus satisfying an objective of the Environmental Planning and Assessment Act.

The proposal produces an appropriate development outcome. The variation to the minimum site area control is acceptable given the existing subdivision layout and the manner in which the development is designed to have an appealing streetscape presence with generous landscaped areas and setbacks. It is further submitted that the variation will result in no material impact to adjoining properties or to the public domain. Further, that non-compliance does not hinder the development outcome to the site.

The proposed development is consistent with the objectives of the site requirements development standard (Clause 6.5) given it represents a multi-dwelling housing development appropriate within the transitional context of the site and provides for the orderly and economic development of the medium density residential land, while maintaining the local character.

The proposal demonstrates that the size and dimensions of the site accommodate generous landscaped areas and setbacks which ensure the amenity of adjoining properties and provide a suitable balance between built form and landscaping, consistent with the desired character of the area.

In this regard, the generous width of the site frontage is optimised by the proposed design of the development, which provides a substantial soft landscaped front setback area, including a variety of trees and shrubs. Council’s Senior Landscape Assessment Officer is satisfied with the proposal in this regard, and the subject landscaped area will soften and obscure the built form of the development, consistent with the objectives of the development standard.

Objectives of Clause 4.6

Approval of the development would be consistent with the objectives of Clause 4.6, which

The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The development is considered to be consistent with the objectives of Clause 4.6 on the basis that allowing the variation would provide an appropriate degree of flexibility in the application of the site requirements development standard (Clause 6.5). The extent of the variation is minimal, representing a departure of the standard by 6.2%. Additionally, allowing the variation is considered to achieve better outcomes for the reasons advanced above.

In particular, the development is consistent with the type of development envisaged for the R3 medium density zone and its low impact form is compatible with the site and that of neighbouring properties. Strict enforcement of the development standard is considered to unduly restrict development on the site to a lesser density that would likely inhibit the potential of the development to provide a successful medium density transition as envisaged for the site given its zoning and location between low density development to the south and increased density to the north. As such, flexibility in application of the development standard pursuant to Clause 4.6 is warranted in the circumstances.

Concurrence of the Director General

Circular PS 08-003 issued on 9 May 2008 informed Council that it may assume the Director-General’s concurrence for exceptions to development standards.

In accordance with the provisions of Clause 4.6 (5):

In deciding whether to grant concurrence, the Director General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Director-General before granting the concurrence.

Whether contravention of the development standard raises any matter of significance for state or regional environmental planning

It is considered that the objectives of the site area standard in the KLEP (Local Centres) 2012 are achieved and that approval of the proposed development would not raise any matters of significance for state or regional environmental planning. The proposed variation to Clause 6.5 – Site requirements for multi dwelling housing and residential flat buildings of the KLEP (Local Centres) 2012 has been assessed on its merits and this does not infer that future variation of this standard would be granted in any other instance unless appropriate justification can been provided.

The public benefit of maintaining the development standard

Given the minor nature of the proposed variation, in this instance it is considered that there is minimal public benefit in maintaining the development standard having regard to the merits of this application. It is considered that no public benefit would be achieved in reducing the building height simply to achieve compliance with the height control.

Any other matters required to be taken into consideration by the Director-General before granting the concurrence

No matters have been specified.

Conclusion

The proposed variation is negligible and satisfies the criteria outlined in Clause 4.6 of the KLEP (Local Centres) 2012. The proposed development will not result in any significant impacts upon the amenity of adjoining properties or public areas, having regard to considerations of streetscape character, aesthetics, overshadowing, privacy and environmental quality.

The design of the development is appropriate for the St Ives Local Centre, protects local amenity in the immediate context and is compatible with the size of the land to be developed in accordance with the applicable objectives of the KLEP (Local Centres) 2012. Having regard to these considerations, strict compliance with Clause 6.5 – Site requirements for multi dwelling housing and residential flat buildings is considered unreasonable and unnecessary in this instance and there are sufficient environmental planning grounds for the proposed variation as discussed above.

Policy Provisions (DCPs, Council policies, strategies and management plans)

Ku-ring-gai Local Centres Development Control Plan

The proposed development has been assessed against the aims of the policy and is found to be acceptable.

Volume A

COMPLIANCE TABLE
Development control	Proposed	Complies
Volume A
Part 6 Multi Dwelling Housing Controls
Part 6A Site Design
6A.2 Site layout
Site layout to respond to site analysis	Site analysis provided	YES
Any dwelling with a frontage to the street must address the street	Town-house A addresses the street with suitable variation of materials and finishes	YES
Minimum of one dwelling to address the street	One dwelling (Town-house A) addresses the street	YES
Minimise hard surface to maximise landscaping	Hard surface areas minimised and landscaping provided in front setback	YES
Long straight driveways not permitted	Short curved driveway to basement with minimal visual impact	YES
Provide single pedestrian entry from street level or second entry where several dwellings address street along an extended frontage	Single distinct pedestrian entry provided from Mona Vale Road frontage	YES
Layout to be based on figure 6A.2-1 - 6A.2-3	Development layout and building facades generally reflect the recommended layout as practicable given site shape and dimensions	YES
6A.3 Building setbacks
10m from primary street boundary (min)	9.0m	NO
3m (min) side setback from any side boundary	3.0m (southern side)	YES
6m (min) side setback where dwellings oriented to side boundary	3.5m (northern side)	NO
Driveways set back 3m from side boundary (min) to allow for deep soil planting	3.0m	YES
6m rear setback (min)	6.0m	YES
Basement areas to be consolidated under building footprint and meet the same setback requirements	Basement consolidated beneath building footprint	YES
Ground floor private terraces/courtyards must have following setbacks: i) 8m from Primary street boundary(min) ii) 4m from Secondary street boundary(min) iii) 3m from any side boundary iv) 4m from rear boundary(min)	Primary street boundary: 8.2m Secondary street boundary: N/A Side boundary: 2m Rear boundary: 6.4m	YES N/A NO YES
Ground floor side setback encroachment by private terraces/courtyards only if deep soil planting requirements are met	Deep soil planting requirements are satisfied	YES
Balconies may encroach into front and rear setbacks provided they project no more than 1.5m from building line	No balconies encroach into front or rear setbacks	YES
6A.4 Site coverage
Maximum site coverage of 40% for townhouses	30%	YES
6A.5 Deep soil landscaping
Multi-unit dwelling development must have deep soil landscaping of 40% (min)	43%	YES
Lots with the following sizes are to support a minimum number of tall trees capable of attaining a mature height of 13m on shale transitional soil or 10m on sandstone derived soils: 1,200m²: 1 per 400m² of site area (3 trees)	3 trees to the satisfaction of Council’s Landscape Assessment Officer	YES
Part 6B Access and Parking
6B.1 Vehicle Access
Driveway located 3m (min) from side boundary and separated by a continuous landscaped verge & screen planting	Driveway located 3.0m – 6.0m from side boundary with landscape screening therein	YES
One driveway (max)	One driveway	YES
Driveway designed to avoid straight, long gun barrel appearance by use of landscaping and variations in alignment	Short curved driveway to basement with adjacent landscaping to minimise visual impact	YES
On-site vehicle turning areas designed to permit turning in a single reversing movement	Vehicle turning areas in basement allow turning in a single reversing movement	YES
On-site vehicle turning areas must be located within the basement or concealed from the view of the public domain	Turning areas are located in the basement	YES
If provided in basement, waste and recycling room to be 2.6m ceiling height (min) along path of travel from street to residential waste collection and manoeuvring area and kept free of overhead ducts, services and other obstructions	2.6m ceiling height along required path of travel	YES
6B.2 Car parking provision
Basement car parking must be consolidated under building footprint	Basement consolidated under building footprint	YES
The basement car park must not project more than 1m above existing ground level	Basement projects up to 2.3m above existing ground level (northern wall)	NO
Direct access to be provided from basement car parks to entry points	Direct access is provided from basement car parks to entry paths	YES
Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1	Council’s Development Engineer is satisfied that compliance is achieved.	YES
Car parking rates (Volume C Part 22R.1): 3 bedroom unit: min. multiple of 1.5 spaces per unit (4) = 6 spaces required	9 resident car spaces	YES
Visitor parking: 1 space per 4 units (4) = 1 space required 1 space to be adaptable by complying with dimensional and locational requirements of AS2890.6. One space to be provided with tap to make provision for on-site car washing	1 visitor car space Council’s Senior Development Engineer is satisfied that compliance is achieved. Tap is to be provided to visitor space as required by (Condition 36).	YES YES YES
Clearly signposted space for temporary parking of service and removalist vehicles with min. dimension of 3.5m x 6m and min. manoeuvring area 7m wide (where not provided, one of visitor spaces may be used if it meets these dimensions)	Suitably dimensioned loading space available	YES
6B.3 Bicycle parking provision
Where basement parking is provided: 1 bicycle parking space per 5 units (or part thereof) for residents within residential car park area = 1 space 1 bicycle parking space per 10 units (or part thereof) for visitors within visitor car park area = 1 space	Suitably located consolidated bicycle parking area provided for use of residents and visitors	YES
Part 6C. Building Design and Sustainability
6C.1 Communal open space
Communal open space must be provided where more than 10 dwellings are proposed	The proposal does not include more than 10 dwellings and therefore does not require communal open space in accordance with the controls.	N/A
6C.2 Private open space (POS)
Multi-dwelling housing development must provide 25m² (min) area of POS per dwelling, with: i) internal dimension 4m (min); ii) direct level access from living/dining area; iii) a consolidated paved area of 12m² and width of 3m (min) accessible from living/dining area; iv) provide 4m² (min) landscaped area POS may be provided within 2 separate spaces if Primary POS has 20m² (min) area and satisfies above criteria. Remaining POS may have min dimension of 2m.	Each dwelling provides a total POS area between 30m² – 36m² i) Sufficient internal dimensions; ii) Direct level access from the ground floor living/dining area; iii) Suitable consolidated paved area; iv) 2 dwellings do not provide 4m² landscaped area (C & D) POS is segregated across 3 spaces, primary POS of one dwelling (C), has area < 20m² (14m²) Sufficient dimensions provided for supplementary POS	YES YES YES YES NO NO YES
Primary private open space is to have direct access from the main living areas	All primary private open space areas have direct access from the main living area.	YES
Private open space (outdoor) for ground floor dwellings is to be differentiated from common areas by: i) Change in level and/or: ii) screen planting such as hedges or shrubs and/or; iii) fence/wall to max height of 1.8m. Any solid wall component to have max 1.2m height with 30% transparent component on top.	Private open spaces suitably differentiated from common open space area by level differences, landscaping and low fences/building materials	YES
6C.3 Solar access
Dwellings must receive min 3 hours direct sunlight to at least one living room & primary private open space between 9am - 3pm on 21^st June	Dwellings have northerly orientation and receive < 3 hours direct sunlight to main living areas and POS as required	YES
Min. 3 hours between 9am – 3pm on 21^st June to living areas and principal portion of private open space of existing residential flat buildings and multi-dwelling housing on adjoining lots and residential development in adjoining lower density zones	> 3 hours sunlight retained to existing residential development on adjoining lots	YES
Overshadowing must not compromise the development potential of the adjoining under-developed site(s)	Shadow cast by the proposal does not compromise development potential of adjoining sites	YES
Developments to allow retention of min 4 hours sunlight between 9am to 3pm on 21^st June to all existing neighbouring solar collectors	Minimum 4 hours retained	YES
All development must utilise shading and glare control	Suitable shading and glare control design solutions utilised as appropriate	YES
6C.4 Natural ventilation
All habitable rooms are to have windows or doors that can be opened and closed	All habitable rooms have windows or doors that can be opened and closed	YES
All dwellings must have natural cross ventilation	All dwellings have natural cross ventilation	YES
At least 25% of all kitchens are to be immediately adjacent to an operable window	>25% of kitchens immediately adjacent to an operable window	YES
All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights	All habitable rooms are naturally ventilated without relying solely on lightwells or skylights	YES
6C.5 Dwelling mix and accessibility
A range of dwelling sizes and a mix of types are to be provided All multi-dwelling housing development is to be designed to Silver Level and at least 15% or part thereof, are to be designed to Platinum Level under the Livable Housing Design Guidelines At least 70% of all dwellings are to be visitable.	The development proposes an acceptable mix of 3 and 4 bedroom dwellings of 2-3 storeys height. The development includes provision of accessible housing including one dwelling (Dwelling D) being designed to Platinum Level as required under the Livable Housing Design Guidelines. There is an accessible path of travel from the street to the entry of each dwelling and there is a toilet on the ground floor of each dwelling that is capable of satisfying the requirement for visibility. Additionally, compliance with accessibility provisions will be required by condition as recommended by Council’s Building Surveyor and Urban Design consultant.	YES YES YES
6C.6 Dwelling placement and room design
*Relationship to ground line* Subterranean rooms are not permitted	No subterranean rooms proposed	YES
Internal finished floor level and/or private open space is to be not more than 0.9m below existing ground level at the building line	All finished floor levels and private open space areas above existing ground level	YES
*Dwelling and room design* Maximum habitable room depth of 8m from window in an external wall	All habitable room depths < 8m	YES
Maximum internal plan depth of a dwelling is to be 14m from glass line to glass line	All internal plan depths < 14m	YES
Living and dining areas must have 4m internal plan dimension (min)	All living and dining areas > 4m internal plan dimension	YES
Minimum internal plan dimension of 8m for open plan living and dining areas, with secondary dimension of 4m (min)	Open plan living and dining areas >8m and >4m dimensions	YES
Bedrooms to have minimum internal plan dimension of 3m (excluding wardrobe space)	3m minimum	YES
*Room design* Minimum dwelling sizes & bathrooms: 3 bedrooms: 115m² & 3 bathrooms 4 bedrooms: 130m² & 3 bathrooms	3 & 4 bedrooms dwelling sizes between 160m² – 185m² and all provide 3 bathrooms	YES
Built in wardrobes are to be provided: i) to all studio apartments; ii) to all bedrooms in one and two bedroom apartments iii) to at least two bedrooms in apartments of three or more bedrooms	Built in wardrobes are provided in bedrooms as required	YES
6C.7 Building entries
The entry path is to be directly accessible and visible from the street	Entry path directly accessible and visible from Mona Vale Road	YES
Building entry must 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	Entry path integrated with building frontage with portico articulating building form and providing clear identification	YES
All entries must be well lit and designed to avoid any concealment or entrapment areas	The open side setback avoids any potential for unreasonable concealment or entrapment areas	YES
All light spill is prohibited	Light spill will be suitably contained as required by conditions (Conditions 23 and 89)	YES
6C.8 Building facades
Building length is not to exceed 36m	32.5m	YES
All building facades must be modulated and articulated. Where external walls are longer than 14m, the building alignment must be stepped by a minimum 0.6m articulation (projection or indentation) in the façade.	All building facades modulated and articulated appropriately with varied projections and indentations	YES
Building facades must be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls	Design incorporates sufficient solar protection elements such as timber louvered screens.	YES
All building elements including shading devices and awnings must be coordinated and integrated within the overall façade design	Appropriate weather protection elements, including suitable materials and finishes are integrated within the overall façade design.	YES
Where individual air conditioning units are used, they must not be located on the building façade or on balconies or terraces	Air conditioning units are not located on building facade	YES
Balconies that run the full length of the building façade are not permitted	No continuous balconies along full length of the façade	YES
Balconies must not project more than 1.2m from the outermost wall of the building façade	No balcony projection beyond outermost building façade	YES
6C.9 Building storeys
Development to have a maximum 3 storeys building height	Part 4 storeys	NO
Attic levels cannot be located above 3^rd storey	No attics proposed	YES
6C.10 Top storey design and roof forms
Where a third storey is proposed, the gross floor area of the top storey must not exceed 60% of the gross floor area of the storey immediately below it and set back from the outer wall on all sides of the storey below	Third storeys <60% GFA and set back from storey below	YES
Attics are permissible subject to being within a hipped or gable roof where the maximum roof pitch is 35^0.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	No attics proposed	N/A
Service elements must be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development	No service elements located on roof	YES
Roof design must respond to solar access by using eaves or skillion roofs	Low roof profile design responsive to solar access	YES
Roof forms are to be modulated or broken	Roof form suitably broken	YES
Solar panels to be integrated into the roof line (where provided)	No solar collectors proposed	N/A
6C.11 Internal ceiling heights
Ceiling height for habitable room: 2.7m min	2.7m and greater	YES
Ceiling height for non-habitable room: 2.25m min	2.4m and greater	YES
6C.12 Visual privacy
Buildings must be designed to ensure privacy	Buildings orientated and designed to ensure privacy	YES
Continuous transparent balustrades are not permitted to balconies/terraces	No continuous transparent balustrades proposed (suitably separated along façade)	YES
Screening between dwellings must be integrated with the overall building design	Screening is integrated with overall building design through use of privacy louvers	YES
Landscaped screening must be provided to adjoining sites	Landscaped screening provided adjacent to boundaries as required	YES
6C.13 Storage
Storage space must be provided at the following minimum volumes: 12m³ for dwellings with three or more bedrooms	All dwelling provide >12m³ storage space	YES
50% of storage space to be provided within the dwelling. Remaining storage located outside the dwelling to be specifically allocated to the relevant dwellings	50% storage space provided within dwellings and remainder within basement storage cases	YES
6C.14 External air clothes drying facilities
Provide one external air clothes drying area for each dwelling	Adequate provision exists for external clothes drying area for each dwelling as required by condition	YES
External air clothes drying area must be screened from public areas and common areas	Drying area to be appropriately located and screened as required by condition	YES
6C.15 Fencing
Front fences and side fences in the street setback must not be higher than: i) 0.9m closed construction (masonry, lapped and capped timber or brushwood fences) ii) 1.2m open style construction (open paling and picket fencing) Closed front fences with a max height of 1.8m and set back 2m from the front boundary will be considered where the site fronts a busy road.	Low retaining walls proposed within front setback and off set from boundary, including provision for low screen planting forward of wall to soften appearance	YES
Fences and walls must be stepped down and follow the natural contours of the site	Fences and walls stepped as appropriate	YES
Hedges and shrub planting no higher than 1.2m along entire front boundary	Low shrubs and grasses along front boundary	YES
All fences to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas	Side and rear timber fences highlight entrances and compatible with building and structures	YES
External finishes must be robust and graffiti resistant	Suitable external finishes proposed	YES
VOLUME B
PART 2 Site Design For Water Management
Assessed by Council’s Development Engineer in relation to the Local Centres LEP clause 6.2 relating to Stormwater and water sensitive urban design and the Local Centres DCP and found to be satisfactory, subject to conditions.		YES
VOLUME C
PART 1 Site Design
1.1 General
The development must respond to site attributes as identified in the site analysis	Site analysis provided	YES
Must demonstrate how the proposal responds to the site and contextual attributes	Site analysis demonstrates adequately how the application has responded to the site and contextual attributes.	YES
1.2 Earthworks and Slope
Development must demonstrate consideration of site topography, drainage, soil landscapes, flora, fauna and bushfire hazard	Consideration of site topography has been provided.	YES
Development must be accommodated within the natural slope of the land	Design accommodates the slope of the site.	YES
Minimum 600mm 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	>600mm width provided	YES
Existing ground level is to be maintained for a distance of 2m from any boundary	Ground levels are maintained adjacent to boundaries to satisfaction of Council’s Landscape Officer	YES
Fill and excavation are not permitted within sensitive environments	Not applicable	N/A
Retaining walls, excavated and filled areas shall be located and constructed to have no adverse impact on: i) Structures to be retained on the site ii) Structures on adjacent public or private land iii) Trees to be retained onsite or on adjoining sites	No significant adverse impacts likely from retaining walls, excavated or filled areas	YES
Excavated and filled areas are to be constructed so as not to redirect or concentrate stormwater or surface runoff onto adjoining properties	Stormwater management aspects are acceptable (refer to above engineering comments)	YES
Design of proposal must consider the impacts of altered subsurface/groundwater flows or direction on groundwater dependent ecosystems or species	No adverse groundwater impacts envisaged	YES
1.3 Landscape Design
Assessed by Council’s Senior Landscape Assessment Officer and found to be satisfactory, subject to conditions.		YES
PART 2 Access and Parking
2.1 Equitable Access
Applications are to demonstrate how access to and within the development meets the requirements of the Disability Discrimination Act 1992 (DDA)	Submitted access report demonstrates suitable accessibility to and within the development, subject to conditions as discussed above	YES
2.2 Vehicle Access, 2.3 Basement Car Parking, 2.4 Visitor Parking, 2.5 Parking For People With A Disability, 2.6 Pedestrian Movement Within Car Parks, 2.7 Bicycle Parking and Facilities
Assessed by Council’s Senior Development Engineer and found to be satisfactory.		YES
PART 3 Building Design and Sustainability
3.3 Building Services
All applicants must consult with service providers	Standard consent conditions will ensure that this is undertaken	YES
Services and structures required by the providers are to be located within basements, or concealed within the façade, with appropriate access.	Standard consent conditions will ensure that this is undertaken	YES
3.4 Waste Management
All waste and recycling facilities must comply with the BCA and all relevant Australian Standards	Waste and recycling management in accordance with BCA & relevant AS to satisfaction of Council’s Senior Development Engineer	YES
All waste and recycle to be stored within site	Waste storage room provided in the basement	YES
Access to collection point	Unimpeded access, suitable grade, exit forward direction and level surface, clear >2.6m clearance height	YES
Storage room to be provided and easily accessible	Storage room provided and suitably accessible	YES
Waste 1 x 240L per 2 units: 2 Co-mingled recycling 1 x 240L per 4 units: 1 Paper recycling: 1 x 240L per 4 units: 1	Suitable waste and recycling bin storage provision within basement to accommodate 4 dwellings	YES
3.5 Acoustic Privacy
Building to comply with separation requirements of DCP	Adequate design principles applied and building separation provided consistent with the objectives of the DCP. The development will not significantly impact the acoustic privacy of neighbouring properties having regard to the site’s transitional density context, particularly given site configuration, design considerations and building setbacks. Common access path set back from neighbouring boundaries appropriately and likely traffic noise minimal given driveway setback and basement car park.	YES
3.6 Visual Privacy
Private open spaces and principle living spaces of the proposal and adjacent dwellings to be protected from direct or unreasonable overlooking	Visual privacy to the proposed dwellings and adjacent properties has been suitably protected by site and dwelling configurations, building setbacks, window placement, floor plan layouts and screen planting. The proposal will maintain appropriate visual privacy to neighbouring properties by orientating principle living spaces and associated windows of dwellings towards their respective private open spaces with adequate building separation and the use of privacy measures such as louvres, fencing and screen planting to avoid any direct or unreasonable overlooking.	YES
3.7 Materials, Finishes and Colours
Comprehensive details provided with application	Detailed materials and finishes have been considered by Council’s Urban Design Consultant and assessed as being satisfactory and consistent with the character of the surrounding environment.	YES
3.8 Roof Terraces and Podiums
All roof terraces and podiums must provide appropriate building systems to make them trafficable, and to support landscaping.	No roof terraces or podiums proposed	N/A
Roof terraces and podiums are to be designed for optimum conditions for plant growth by appropriate solar access, soil mix, and the provision of water connections and drainage.	No roof terraces or podiums proposed	N/A
3.9 Construction, Demolition and Disposal
Waste management plan provided with application	Waste management plan submitted satisfactorily addresses aspects of waste management throughout the phases of the development pursuant to the requisite objectives under the DCP	YES
PART 4 Water Management
Council’s Senior Development Engineer has assessed the proposal against the relevant provisions of the DCP that relate to water management and the development is considered to be acceptable in this regard, subject to conditions.

An assessment of the variations to the design controls identified above in the compliance table is provided below.

6A.3 Building setbacks

Front setback

The proposed development has a minimum setback to the Mona Vale frontage of 9 metres, which does not meet the 10 metres minimum specified in Part 6A.3. Notably, the building frontage is skewed in relation to the front boundary given the irregular allotment shape, resulting in a varied front setback, which increases to the northern side of the frontage to 10.3m. The proposed 1 metre encroachment is minimal and considered acceptable on merit with respect to the objectives of this Part and streetscape amenity. In particular:

(i) The proposed setback will maintain streetscape character as it is compatible with that of neighbouring properties on Mona Vale Road and greater than that of the existing dwelling on site, which has a minimum setback of approximately 6.5 metres and is also skewed in relation to the front boundary.

(ii) The front building façade of the proposal is relatively narrow, having a width of approximately 5.5 metres and the remainder of the front elevation has an articulated frontage with the top floor being set back a minimum of 13 metres from the front boundary.

(iii) The proposed design involves contemporary and varied building materials providing visual interest and minimises apparent bulk and scale.

(iv) Substantial landscaping space is provided within the front setback, particularly adjacent to the driveway and side boundaries, and the associated trees and shrubs therein will effectively soften the built form as viewed from the street.

Side setbacks (northern side)

The proposal has a minimum side setback to the northern boundary of 3.5 metres, which does not meet the 6 metres minimum as specified by Part 6A.3 in relation to dwellings oriented towards side boundaries. Additionally, the ground floor terraces are set back a minimum of 2 metres from this boundary, which do not meet the 3 metres minimum specification of the DCP. Notwithstanding, the proposed northern side setbacks are considered sufficient in achieving the objectives of this Part having regard to the following factors:

(i) The subject (northern) elevation is skewed in relation to the boundary such that the respective setbacks vary substantially and actually exceed the minimum requirements, with the building set back more than 11 metres as measured from the north-eastern corner of the building.

(ii) The adjoining building to the north (148-152 Mona Vale Road) has a skewed footprint in relation to the common side boundary such that no direct or unreasonable overlooking or privacy impacts would be likely to arise between the buildings.

(iii) The proposal maintains suitable amenity for the adjoining property (148-152 Mona Vale Road), having regard to potential visual impacts of built form and solar access.

(iv) The prevailing side setback allows adequate provision for landscaping including screen planting to soften the appearance of built form, increase visual privacy, and maintain suitable landscape amenity of the site.

(v) The proposal does not compromise streetscape character.

(vi) The subject building elevation is well articulated and provides a logical, efficient and sympathetic architectural response to the irregular allotment shape and the amenity of the adjoining property.

6B.2 Car parking provision

Basement projection

The basement projects up to 2.3 metres above the existing ground level, which exceeds the maximum projection of 1.0 metres specified in Part 6B.2. The maximum extent of projection occurs at the western wall/rear elevation of the basement, which is as a result of the topography of the site, particularly the cross fall towards the north-western corner of the site. Notably, as confirmed by Council’s Senior Development Engineer, the driveway to the basement has a fall of 20%, which is the maximum allowable for waste collection vehicles. As such, it is not feasible to lower the basement further due to the resultant level difference along the driveway having an inaccessible grade in excess of 20%.

Moreover, the basement projection predominantly occurs to the rear of the site such that it will not adversely impact the street and is sufficiently set back from the rear and northern side property boundaries (adjoining the Pymble golf course and rear western corner of 148-152 Mona Vale Road). Additionally, soft landscaping space and screen planting proposal within the setback areas will ensure that the basement projection will not impact the amenity of neighbouring properties.

Overall, the design of the development achieves a successful balance between utilising the site’s natural fall and excavation to provide an accessible basement with minimal impacts to the environment and neighbouring amenity. Accordingly, the basement projection is considered acceptable on merit and is consistent with the objectives of this Part.

6C.2 Private open space (POS)

Two proposed dwellings (Dwellings ‘C’ and ‘D’) do not provide a minimum of 4m² landscaped area/planter beds for gardening within their ground floor private open space (POS) areas as required by Part 6C.2 of the DCP. The POS of Dwelling C provides a planter bed with an area of 3m² and that of Dwelling D does not include any provision for landscaped area. Notwithstanding, the subject POS areas are considered acceptable with respect to landscaping amenity given the high level of amenity facilitated by the outlook to the Pymble Golf Course to which the site adjoins to the rear and side boundaries, in addition to the landscaped space within the side and rear setbacks. Notably, the subject dwellings being to the rear of the development will benefit directly from this scenic outlook, in particular Dwelling D. Additionally, the proposal complies with the site coverage and deep soil landscape provisions of the DCP and Council’s Landscape Assessment Officer is satisfied with the landscape design for the site, subject to conditions.

The POS for the dwellings is provided across 3 distinct spaces and the primary POS of Dwelling C has an area of 14m², being less than the DCP specified minimum of 20m². However, overall the POS areas are satisfactory with respect to the objectives of this Part given consideration to the following factors:

(i) The development provides total private open space (POS) areas for each dwelling within the range of 30m² - 36m², thereby being well in excess of the minimum required area (25m²).

(ii) Each POS area provides sufficient internal dimensions, high levels of amenity and useability for outdoor living and direct level access from the respective primary living/dining areas.

(iii) Adequate safety, visual and acoustic privacy are provided for residents within the development and neighbouring properties.

(iv) Scenic views are provided to the adjoining golf course to the rear of the site and passive surveillance of the street and communal areas.

(v) The POS areas, including the built features and materials, are suitably integrated with the design of the development and landscaped setting.

6C.9 Building storeys

The proposed development is measured as being partially 4 storeys in height, which exceeds the maximum of 3 storeys specified in Part 6C.9. Although the proposed dwellings are designed across 2-3 floor levels, the 4^th storey arises as a technicality due to the basement projecting more than 1 metre above the existing ground line, which therefore constitutes a storey in as per the technical interpretation of the DCP (the basement projection is acceptable as discussed above). The 4^th storey is evident to the side elevations of Dwellings B and C and is considered acceptable having regard to the following factors:

(i) The building is responsive to the topography of the site and the 4^th storey element is as a consequence of the existing fall to the rear of the site and resultant design of the driveway to achieve an acceptable grade to the basement car park (without being excessively steep).

(ii) The rear dwelling (Dwelling D) is 2 storeys in height only (the basement footprint does not extend beneath this dwelling).

(iii) The development provides a suitable relationship between the natural ground level of the site and the proposed floor levels, such that all habitable rooms are above natural ground level and provide good solar access and amenity.

(iv) The maximum building height is 10.7 metres and as such complies with the height limit of the LEP, being 11.5 metres.

(v) The building has a maximum RL at the roof parapet (RL 178.577), which is comparable to that of the ridge level of the existing dwelling on site (RL 178.18).

(vi) The proposed 4^th storey element does not unduly impact the streetscape or neighbouring properties having regard to visual impacts of building form, including bulk, scale and solar access.

Overall, the design of the development achieves a successful balance between utilising the site’s natural fall and excavation to provide an accessible basement with minimal impacts to the environment and neighbouring amenity. Accordingly, the resultant 4^th storey is considered acceptable with respect to the objectives of this Part.

Volume B – Part 2 Site design for water management

The configuration and composition of the development is considered to be consistent with the controls of Part 2 – Site design for water management.

Volume C- Part 1 Site design

The configuration and composition of the development is considered to be consistent with the controls of Part 1 – Site design contained within the DCP.

Volume C – Part 2 Access and parking

The development’s basement has been designed to satisfy the design criteria and controls as required by Part 2 of the DCP.

In addition, the application is accompanied by a detailed traffic report and analysis that demonstrates that the development will have an acceptable impact upon traffic flows and movements within the local area and that the basement allows for the necessary movements for vehicles that need to access it.

The basement is also acceptable, providing appropriate ancillary facilities, including bicycle parking, adaptable car parking, cleaner’s store and provision for a car wash bay and temporary parking space for service and removalists vehicles.

Volume C – Part 4 Water management

A stormwater plan has been submitted which demonstrates how stormwater generated by the development will be managed to control run off and associated impacts.

Consistent with the comments of Council’s Development Engineer, the amended design of the stormwater system is acceptable and there are no objections to water management aspects of the proposal, subject to conditions.

Volume C – Part 5 Notification controls

The proposed development has been notified in accordance with the requirements of Volume C – Part 5 of the notification controls. Submissions received are discussed above.

Section 94 Development Contributions Plan 2010

The development attracts a section 94 contribution of $101,301.39 which is required to be paid prior to the issue of the Construction Certificate (Condition 42).

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 approval of the application 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:

A. THAT Council, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP (Local Centres) 2012 to vary the site area development standard has met the requirements of clause 4.6(4). Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

AND

B. THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant Deferred Commencement Development Consent to DA0601/15 for the demolition of existing structures and construction of 4 town houses with basement parking on land at 146 Mona Vale Road, Pymble, subject to the following terms of Schedule A and conditions of Schedule B below. Pursuant to the Environmental Planning and Assessment Act, 1979. This consent lapses if the approved works are not physically commenced within two years from the date on which the consent becomes operable.

The conditions of consent are as follows:

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:

1. Drainage easement (deferred commencement)

The applicant shall submit documentary evidence 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 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 Deferred Commencement 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)

Plan no.	Drawn by	Dated
DA01 - DA10 (Rev. 5)	McCullum Ashby Architects	20/09/2016
Engineering plans: Drawings C1 to C4 Issue C	ACOR Consultants	19/09/2016
Landscape plan: L01 15-834 Rev. A/3	Site Design Studios	15/09/2016

Document(s)	Dated
Basix certificate No. 690347M_03	1 November 2016
Geotechnical Investigation Report (Geo-environmental Engineering)	1 February 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. Approved landscape plans

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

Plan no.	Drawn by	Dated
L01 15-834 Rev A/3	Site Design Studios	15/09/2016

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

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

4. Asbestos works

Reason: To ensure public safety.

5. Notice of commencement

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

Reason: Statutory requirement.

6. Notification of builder’s details

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

Reason: Statutory requirement.

7. 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.

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 works.

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

8. Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

· The existing footpath

· The existing kerb and gutter

· The existing full road surface between kerbs

· The existing verge area

· The existing driveway and layback where to be retained

· Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

Reason: To protect public infrastructure.

9. 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:

· 144 Mona Vale Road / 39B Pentecost Avenue

· 148-152 Mona Vale Road (southern-most building)

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.

10. Construction and traffic management plan

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

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

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

The report is to contain construction vehicle routes for approach and departure to and from all directions.

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

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

(i) Demolition

(ii) Excavation

(iii) Concrete pour

(iv) Construction of vehicular crossing and reinstatement of footpath

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

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

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

11. 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". 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.

12. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Tree/Location	Radius from trunk
T3 Photinia x fraseri Robusta (Photinia) North-east site corner	2.3m
T4 Photinia x fraseri Robusta (Photinia) North-east site corner	2.3m
T5 Photinia x fraseri Robusta (Photinia) North-east site corner	2.3m
T9 Camellia japonica (Japanese Camellia) Rear garden	2.5m
T10 Cedrus deodar (Himalayan Cedar) North-west site corner in neighbouring site	6.0m east, 10.8m elsewhere
T11 Celtis sinensis (Chinese Hackberry) Southern site boundary in neighbouring site	3.0m north, 9.6m elsewhere
T12 Celtis sinensis (Chinese Hackberry) Southern site boundary in neighbouring site	3.0m north, 10.8m elsewhere
T13 Franklinia axillaris (Gordonia) South-east site corner	2.0m north, 4.5m elsewhere

Reason: To protect existing trees during the construction phase.

13. Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres 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.

14. Tree protection signage

Tree protection zone.

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

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

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

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

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

Reason: To protect existing trees during the construction phase.

15. Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.

Reason: To protect existing trees during the construction phase.

16. Tree fencing inspection

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

Reason: To protect existing trees during the construction phase.

17. 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.

The plan shall address all issues identified in the DCP, 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.

18. Noise and vibration management plan

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

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

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

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

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

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

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

· noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

19. Amendments to approved landscape plan

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

Plan no.	Drawn by	Dated
L01 15-834 Rev A/3	Site Design Studios	15/09/2016

The above landscape plan shall be amended as follows:

· The proposed courtyard fences shall be deleted as perimeter soft landscape areas are communally owned.

· T6 and T7 shall be shown to be removed and replaced with a tall tree species capable of attaining a minimum height of 13.0m midway between the northern site boundary and the proposed driveway.

· The proposed concrete pad in front of the feature wall within the site frontage shall be deleted and replaced with low plantings

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

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

Reason: To ensure adequate landscaping of the site.

20. 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.	Drawn by	Dated
Drawings C1 to C4 Issue C	ACOR Consultants	19.09.16

The above engineering plan(s) shall be amended as follows:

1 Measures are to be provided to achieve Council's water quality targets (refer Part 24C.6 of Ku-ring-gai DCP). These may include pit inserts or proprietary products provided there is no effect on the deep soil or landscaping.

2. Re-use of retained roofwater is to be for toilet flushing, clothes washing and irrigation. This is to be clearly stated on the plans.

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

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

21. Long service levy

Reason: Statutory requirement.

22. Builder’s indemnity insurance

Reason: Statutory requirement.

23. Outdoor lighting

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

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

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

24. 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.

25. 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.

26. 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.

27. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that one of the units within the development application is 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.

28. Excavation for services

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

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

Reason: To ensure the protection of trees.

29. Recycling and waste management

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with Council’s DCP. The garbage collection point is to be accessible by Council’s Waste Collection Services.

The responsibility for:

· the cleaning of waste rooms and waste service compartments; and

· the transfer of bins within the property, and to the collection point once the development is in use;

shall be determined when designing the system and clearly stated in the Waste Management Plan.

Note: The architectural plans are to be amended where required and provided to the Certifying Authority.

Reason: Environmental protection.

30. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason: To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

31. 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.

32. Location of plant

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

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

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

33. Driveway crossing levels

Please note Roads and Maritime Services are to approve the gutter crossing as required under a separate condition of this consent.

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.

34. Driveway grades - basement carparks

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

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

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

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.

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

35. 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.

36. Car parking allocation

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

Resident car spaces	9 (max)
Visitor spaces	1 (min)
Total spaces	10

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.

A tap is to be provided to a visitor space to enable provision for on-site car washing.

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

37. Bicycle parking space

The basement car park shall provide bicycle parking space in accordance with the Local Centres DCP and 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.

38. 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.

39. 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.

40. 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):

41. 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.

42. Section 94 Contributions - Centres

Infrastructure Type	Total
LGA Wide Local Recreational & Cultural	$6,741.83
St Ives TC Local Parks & Sporting Facilities	$60,134.49
St Ives TC New Roads & Road Mods	$2,861.20
St Ives TC Townscape Transport & Pedest Fac	$31,563.87
Development Contributions Total	$101,301.39

The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 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.

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

43. Road opening permit

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

44. Prescribed conditions

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

Reason: Statutory requirement.

45. 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.

46. Approved plans to be on site

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

47. 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.

48. 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.

49. 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.

50. Dust control