Agenda of Ku-ring-gai Independent Hearing and Assessment Panel Meeting

APPENDIX No: 1 - Assessment Report

Item No: GB.3

development application

ASSESSMENT REPORT

Report title:	23-37 LINDFIELD AVENUE LINDFIELD – STRATA TITLE SUBDIVISION OF MIXED USE BUILDING TO CREATE 140 LOTS FOR DEVELOPMENT APPROVED UNDER PART 3A OF THE EP&A ACT 1979 (MP08_244)
ITEM/AGENDA NO:

Application No:	DA0357/17
Property Details:	23-37 Lindfield Avenue Lindfield Lot 100 DP No: 1234458 Site area (m²): 3,966.20m² Zoning: B2 Local Centres
Ward:	Roseville
Proposal/Purpose:	Strata Title subdivision of mixed use building to create 140 lots for development
Type of Consent:	Local
Applicant:	Linker Surveying
Owner:	Aqualand Lindfield Pty Ltd
Date Lodged:	15 August 2017
Recommendation:	Approval

Purpose of Report

To determine Development Application No DA0357/17 for a strata title subdivision to create 140 lots on the subject site. The proposed development exceeds 10% variation to Clause 4.1 of Ku-ring-gai Local Environment Plan (Local Centres) 2012, a development standard, and therefore requires determination by the Ku-ring-gai Independent Hearing and Assessment Panel.

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 a high quality, accurate and consider all relevant legislative requirements

Executive Summary

Issues:	Legal proceedings and interpretation of KLEP Clause 4.1 Minimum subdivision lot size. Requirement for consideration of KELP Clause 4.6 Exceptions to development standards. Proposed development exceeds 10% variation to development standard and requires determination by the Ku-ring-gai Independent Hearing and Assessment Panel.
Submissions:	No submissions received.
Land & Environment Court:	Not applicable.
Recommendation:	Approval.

The Proposal

The development application seeks consent for one hundred and forty (140) strata lots subdivision of the approved Aqualand mixed-use development on the site. Approval for the mixed-use development was granted under Part 3A of the EP&A Act with consent granted by the Planning Assessment Commission on 27 January 2012. Similarly, Section 75W modifications to the proposal have since been issued by the Commission.

The subdivision will create one strata lot for each residential apartment contained within a stratum plan approved under the provision of DA0333/17 and modified under MOD0227/17. Common areas, parking spaces and building facilities have been nominated on the subdivision plans and are consistent with the approval/modifications for the mixed-use development.

Each of the proposed lots will comprise its respective component of the building and easements will be created as part of the subdivision to allow the operation of the subdivision and maintenance and operation of the building as required by the legislation.

Access to the allotments and provision of services will be regulated by the registration of the easements that are shown on the draft plan and will be incorporated into the future 88B Instrument.

The proposal includes easements for:

· support and shelter

· services

· fire egress

· access to shared facilities

Easements, restrictions and covenants required by conditions of development consent/s will be provided on final version of the plan and 88B instrument.

The Site

Site description

Historically, multiple sites comprised the development site. These sites were recently amalgamated into one lot identified as Lot 100 DP 1234458. It is irregular in shape with a frontage of approximately 60.7 metres to Lindfield Avenue, 32 metres to Kochia Land and 60.5 metres to Havilah Lane. Having an average depth of 66 metres (measured from Lindfield Avenue through to Havilah Lane), it has a total area of 3,966.20 sqm. Located on the eastern side of Lindfield Avenue, the site is effectively a corner site - positioned between Lindfield Ave, Kocha Lane and Havilah Lane.

The site is currently a construction zone being developed in accordance with the approval issued by the Minister of Planning for Major Project MP08_0244. After 4 subsequent modification applications, the development now entails redevelopment of the site for a mixed use development totalling 15,488.5m² comprising:

· 1 podium with 2,720m² in retail GFA;

· 140 apartments in 2 residential towers above the retail podium;

· 3 levels of basement parking for 241 vehicles; and

· 898m² communal courtyard at podium level.

A pre-development application consultation was not undertaken for the proposed development.

Surrounding development

The site is located adjacent Lindfield Station and forms part of an area undergoing significant gentrification. The subject Aqualand development is considered to be a catalyst for gentrification of the immediate locality. The Lindfield Village Green development, a Ku-ring-gai Council project, has recently been approved on the adjacent council own car parking site which will include a basement commuter / community car park and community parkland above. Adjoining development includes shops, cafes, commercial premises (with a focus on health providers), residential flat buildings and school.

History

Development application history

Council’s electronic database references the following relevant applications made with respect to the subject site:

Type	Application	Description	Decision	Date
CC	CCPCA0012/16	CC - Private Certifier - Demolition of Existing Buildings, excavation and construction of the mixed used retail and 112 residential units.	Current
CC	CCPCA0241/16	CC - Private Certifier - State Planning Consent MP08-0244 MOD 3 - 141 Residential Unit Towers with Mixed use Commercial space and underground carpark.	Current
CC	CCPCA0371/16	CC - Private Certifier - State Planning Consent MP08-0244 MOD 3 - 141 Residential Unit Towers with Mixed use Commercial space and underground carpark.	Current
DA	DA0038/15	Demolish existing buildings	#APPROVED	09/03/2015
DA	DA0333/17	Stratum subdivision of mixed use building into two lots (Proposed Lot 100 - Residential and Proposed Lot 101 - Commercial) for development approved under Part 3A (MP08_244)	#APPROVED	06/11/2017
Section96	MOD0227/17	Modification to DA0333/17 proposing amendment to Condition 5 relating to issue of Subdivision Certificate	#APPROVED	13/12/2017
DA	DA0357/17	Strata Title subdivision to create 140 lots	Current	This application
DA	DA0404/17	Use and fitout of shops 4 & 5 for the purposes of a restaurant	Current

Current approvals

Approval for the mixed-use development (currently under construction) was granted under Part 3A of the Environmental Planning & Assessment Act 1979 with consent granted by the Planning Assessment Commission on 27 January 2012. Similarly, Section 75W modifications to the proposal have since been issued by the Commission.

The approval history associated with the development is as follows:

27 January 2012

Part 3A Project application (MP08_244) approved by Planning Assessment Commission

· A mixed-use retail and residential development (GFA 11,889m2) comprising

· A two-level retail podium including a medical centre

· 91 apartments contained in two residential towers above the retail podium

· 3 levels of basement car parking for 196 vehicles

14 November 2013

Section 75W modification (MOD 1) was approved by the Commission to increase the height and floor space of the development and:

· Provide 21 additional apartments (to a total of 112)

· Amend the apartment mix

· Reconfigure the lower ground and ground floors including a reduction in the amount of retail floor space; and

· Reconfigure the car park with a reduction of 12 parking spaces

29 June 2015

Section 75W modification (MOD 2) was approved by the Department to:

· Incorporate 7 Havilah Lane into the site, increasing the envelope to achieve a building height of 7 storeys;

· Increase the excavation and basement parking

· Change in dwelling mix with the provision of 10 additional apartments (bringing the total to 122)

· Increasing the GFA by 1555m² and

· Other minor amendments

29 January 2016

Section 75W modification (MOD 3) was approved by the Commission to:

· Incorporate No 39 and No 41 Lindfield Avenue into the development resulting in an increased building footprint, residential GFA and dwelling yield (increased to 141 apartments);

· A reduction in retail/commercial floor area at the upper ground level and provision of an additional 5 apartments at the upper ground level fronting Havilah Lane; and

· The fit out and use of the approved supermarket floor space, and amendments to setback, building heights, car parking, communal open space, internal layouts and apartment mix.

17 March 2017

Section 75W modification (MOD 4) was approved by the Commission to:

· Amend the internal floor plan, by combining a one-bedroom and a two-bedroom apartment to create a three-bedroom apartment. Reducing the approved apartments from 141 to 140.

The development is currently under construction with the most recent Construction Certificate being CCPCA0371/16.

6 November 2017

DA0333/17 - Stratum subdivision of mixed use building into two lots (Proposed Lot 100 - Residential and Proposed Lot 101 - Commercial) for development approved under Part 3A (MP08_244) - approved by Council staff under delegation.

13 December 2017

MOD0227/17 - Modification to DA0333/17 proposing amendment to Condition 5 relating to issue of Subdivision Certificate and timing of its release - approved by Council staff under delegation.

Consultation

Community

In accordance with the notification controls of the Ku-ring-gai Development Control Plan, no notification of the application was required and therefore none was undertaken.

Within Council

Engineering

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

The car parking layout shown on the ‘Draft’ Strata plans are consistent with the approved architectural plans under MP08_0244 MOD 3.

As part of the Part 3A Project application approved by Planning Assessment Commission, OSD and OSR positive covenant and restriction is required as part of the Final Occupation Certificate.

The proposal is acceptable, subject to conditions.

Outside Council

No consultation was required.

Statutory Provisions

State Environmental Planning Policies

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site is presently a construction site with all previous buildings and amenities having been removed from site. As such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

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 subject to the provisions that apply to the assessment of development applications as the site is not located in the Foreshores and Waterways Area.

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

A BASIX certificate is not required for a strata subdivision.

State Environmental Planning Policy (Infrastructure) 2007

The application is immediately adjacent to the rail corridor and consideration is required pursuant to Division 15 Clause 85 or 86 the SEPP. As no physical works are proposed, the proposal is considered satisfactory.

Local Content

Ku-ring-gai LEP (Local Centres) 2012

Ku-ring-gai Local Environmental Plan (Local Centres) 2012 is the statutory LEP for the subject site.

In summary, the objectives of this plan are to:

· guide future development with respect to environmental, social, economic, heritage and cultural outcomes,

· provide housing choice,

· achieve land-use relationships that promote efficient use of infrastructure.

The proposed strata subdivision is consistent with the objectives of Local Environmental Plan (Local Centres) 2012. In this regard, the application enabling the private ownership of dwellings within a mixed use development that provides employment, retail, business uses and housing opportunities within immediate proximity to public transport.

Sections of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 relevant to the proposed development are discussed below:

Zoning and permissibility

The site is zoned B2 Local Centres. The proposed development is defined as subdivision and is a permissible development within the zone.

The objectives of this zone which seek to:

· provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

· encourage employment opportunities in accessible locations.

· maximise public transport patronage and encourage walking and cycling.

· provide for residential housing close to public transport, services and employment opportunities.

· encourage mixed use buildings that effectively integrate suitable business, office, residential, retail and other development.

The proposed strata subdivision is consistent with the objectives of the B2 Local Centres zone. In this regard, the application enabling the private ownership of dwellings within a mixed use development that provides employment, retail, business uses and housing opportunities within immediate proximity to public transport.

Development standards

Clause 2.6 Subdivision – consent requirements

(1) Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

SEPP (Exempt and Complying Development Codes) 2008 Part 6.1(1) specifies that:

‘The strata subdivision of a building for which development consent or a complying development certificate was granted or issued is, for 5 years from the date the consent or certificate was granted or issued, development specified for this code’.

As consent of the initial application for the mixed used development was approved more than 5 years ago, the proposed development cannot be assessed under the provisions of the SEPP. Accordingly, a Development Application is made to Council under the provisions of the EP&A Act, Ku-ring-gai LEP and associated legislation.

Clause 4.1 – Minimum subdivision lot size

The objectives of this clause are to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.

Historically, multiple sites comprised the development site - which were recently amalgamated into one lot identified as Lot 100 DP 1234458 No 23-37 Lindfield Avenue, Lindfield.

The consolidated site comprises the historical lots listed below:

Lot / DP	Address	Area
Lot A DP 418801	23-25 Lindfield Ave	486.90 m²
Lot 11 DP713206	27-31 Lindfield Ave	1,017.00 m²
Lot 103 DP1067930	33 Lindfield Ave	184.20 m²
Lot 102 DP1067930	35 Lindfield Ave	212.50 m²
Lot 101 DP1067930	37 Lindfield Ave	212.70 m²
Lot D DP347906	39 Lindfield Ave	215.00 m²
Lot 4 DP713505	41 Lindfield Ave	276.00 m²
Lot 3 DP713505	Lindfield Ave	979.00 m²
Lot 1 DP1198025	7 Havilah Lane	382.90 m²
‘The Site’	Total Area	3,966.20 m²

The majority of the site is not affected by the Minimum Lot Size mapping (Clause 4.1 of the LEP). However, the lots shaded grey in the above table were subject to a minimum lot size provision which transfers over to the recently consolidated lot. Therefore a portion of the site (previously identified as Lot D DP347906 and Lot 4 DP713505) has the Minimum Lot Size affectation of U1 – 1,200m².

A recent decision by the Land and Environment Court has confirmed that dual occupancies cannot utilise strata subdivision to circumvent the minimum lot size subdivision clause contained in most LEPs.

DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173 (Longbow) was an appeal against a decision of Commissioner Dixon (as she then was), heard by his Honour Justice Preston CJ. The decision has significant implications with regard to strata subdivision in general, and the application of minimum lot sizes.

Under the provisions of Clause 4.1 of the standard instruments (and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012:

Clause 4.1(3) states:

3 The size of any lot resulting from a subdivision of any land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Clause 4.1(4) states:

4 This clause does not apply in relation to the subdivision of lots in a strata plan or community title scheme.

In addition to the standard clauses above, Clauses 4A and 4B the Ku-ring-gai LEP (Local Centres) 2012 (reproduced below) further restrict achievement of compliance when assessing a strata subdivision application:

4A In addition to subclause (3), development consent must not be granted for subdivision of land in any of the following zones in the subdivision would result in a lot of less than 18 metres wide at 12 metres from the street frontage of the lot:

(a) Zone R2 Low Density Residential

(b) Zone R3 Medium Density Residential

(c) Zone R4 High Density Residential

(d) Zone E4 Environmental Living

4B In addition to subclause (4A), development consent must be granted for a subdivision of land in any of the following zones unless the subdivision would result in the creation of a lot with at least 1 street frontage of not less than 24 metres:

(a) Zone R3 Medium Density Residential

(b) Zone R4 High Density Residential

This application seeks approval for 140 residential strata lots which range in size from 46m² to 196m² reflecting the size and mix of the approved residential apartments.

Fourteen apartments (10%) are wholly located within the area of the site subject to the 1,200m² minimum subdivision lot size (previously No 39 & No 41 Lindfield Avenue). The proposed strata lots within this portion of the site range in size from 75m² to 182m².

Accordingly, fourteen apartments within the proposed strata subdivision are:

· under the minimum lot size of 1,200m²;

· below the minimum width of 18 metres when measured 12 metres from the street frontage; and

· have a street frontage of less than 24 metres.

It is therefore necessary to consider the provisions of Clause 4.6 Exception to development standards to enable the approval of the proposed strata subdivision having due consideration to the standard wording prescribed by the local instrument with respect to Clause 4.1 Minimum subdivision lot size and recent decision in the interpretation of this clause by the Land and Environment Court.

The applicant was advised of the recent court proceedings and has submitted a Clause 4.6 Exception to development standards written request.

Clause 4.6 Exceptions to development standards

As discussed above, exceptions to the development standards are proposed resulting from the wording of Clause 4.1 Minimum subdivision lot size and recent decision in the interpretation of this clause by the Land and Environment Court DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173 (Longbow).

Effectively, a Clause 4.6 Exception to a Development Standard must now be considered which has led to the requirement for the applicant to justify a variation to the standard in the order of 625% to simply strata subdivide their development. This variation is over 10% and the development application must now be determined by the IHAP in accordance with the Department’s latest guidelines (dated 21 February 2018).

With respect to the wording of Clause 4.1 the Department of Planning has been made aware of this issue with a redraft of Clause 4.1 of the standard LEPs proposed in 2015 as is referenced in the Court Ruling discussed above. Section 15 (d) (applicant’s submission within the judgement) it is noted:

(d) In 2015, the NSW Department of Planning and Environment reviewed the Standard Instrument Local Environmental Plan and proposed certain changes. One proposal was to amend cl 4.1(4) “to clarify” that the clause does not apply to strata subdivision by omitting the current cl 4.1(4) and replacing it with:

“(4) This clause does not apply in relation to the following:

(a) the subdivision of land under the Community Land Development Act 1989,

(b) the subdivision of land into lots as a strata plan under the Strata Schemes (Freehold Development) Act 1973,

(c) the subdivision of lots in a strata plan under that Act.”

The Department gave as a reason for the change: “This clause is generally being used as intended but some councils and stakeholders have identified that the clause could be written more clearly to remove potential ambiguity.” The Department’s proposal has not been pursued.

The Department of Planning and Environment was emailed and advised of these matters pertaining to the issuing of a strata subdivision of this Part 3A approval (state significant development) and the difficulties the current wording of Clause 4.1 now places on council considering strata applications in light of the recent Court judgement. A response email was received from the Department advising:

The Department of Planning and Environment is aware of the DM & Longbow Pty Ltd v Willoughby City Council [2017] judgement and other recent Land and Environment Court determinations. We understand the need to clarify the intent of clause 4.1(4) of the Standard Instrument (Local Environmental Plans) Order 2006 (SI LEP) and are progressing an amendment to the SI LEP to make clear that the minimum lot size shown on any applicable lot size map does not apply to creation of new strata plans or community title schemes.

The Department aims to have these changes to SI LEP clause 4.1(4) and any consequential amendments to local environmental plan clauses finalised in the first quarter of 2018.

Clause 4.6 (KLEP) provision	Assessment
Whether the proposed development is consistent with the objectives of the particular standard.	Yes The objectives of the standard are necessary in this instance, being: (a) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls and minimise risk to life and property from environmental hazards, including bush fires, (b) to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features including heritage items, remnant vegetation, habitat and waterways, and provide for generous landscaping to support the amenity of adjoining properties and the desired character of the area, (c) to ensure that subdivision of low density residential sites reflects and reinforces the predominant subdivision pattern of the area. The application seeks strata subdivision of an allotment. Advice received from the Department of Planning indicates that is was not the intention of the Department to preclude strata subdivision by virtue of Clause 4.1. For this reason, strata subdivision of the subject development does not conflict with the set objectives of the clause.
Whether the proposed development is consistent with the objectives for development within the zone.	Yes · provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. · encourage employment opportunities in accessible locations. · maximise public transport patronage and encourage walking and cycling. · provide for residential housing close to public transport, services and employment opportunities. · encourage mixed use buildings that effectively integrate suitable business, office, residential, retail and other development. The proposed strata subdivision is consistent with the objectives of the B2 Local Centres zone. In this regard, the application enabling the private ownership of dwellings within a mixed use development that provides employment, retail, business uses and housing opportunities within immediate proximity to public transport.
Whether compliance with the development standard unreasonable or unnecessary in the circumstances of the case.	Yes Given that the Department of Planning and Environment have recognised and acknowledged and error in the wording of Clause 4.1 – firstly noted in 2015 and again acknowledged in recent court proceedings, it is considered that strict imposition of the development standard in this instance is considered unreasonable in the assessment of a strata subdivision of an approved mixed use development.
Whether there are sufficient environmental planning grounds to justify contravening the development standard.	Yes Strata subdivision is a permissible form of development covered by legislation (Strata Schemes Development Act 2015). Such development seeks to ensure that the economic development of land is achieved meeting the objectives of the Environmental Planning & Assessment Act 1979. The legislator (Department of Planning and Environment) recognise that the provisions of Clause 4.1 were never intended to apply to strata subdivision.

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 applicant has demonstrated that the proposal is consistent with the objectives of clause 4.6 and that allowing an appropriate degree of flexibility to permit a contravention of the minimum required allotment size development standard will achieve a better outcome for and from the development.
Concurrence of the Director General	Yes Circular PS 18-003 issued on 21 February 2018 informed Council that it may assume the Director-General’s concurrence for exceptions to development standards. However, any variation to a standard that exceeds 10% must be considered by the Independent Hearing and Assessment Panel.

The written submission received from the applicant is attached and supported by the assessing officer as submitted on merit having regard to the nature of the variation being sought.

LEP - Part 5 Miscellaneous provisions

Clause 5.9 – Preservation of trees or vegetation

No physical works are proposed.

Clause 5.10 – Heritage conservation

The subject site does not contain a heritage item, is located within 100m of an Item and is not within a heritage conservation area. The proposed works do not affect any known archaeological or Aboriginal objects or Aboriginal places of heritage significance. No physical works are proposed as part of the strata subdivision application and accordingly it is considered that the application for strata title will have minimal impact on the heritage buildings in close proximity to the development site.

Ku-ring-gai Development Control Plan

Sections of the document relevant to the proposed strata subdivision on the subject site include:

Section A

Part 3 – Land Consolidation and Subdivision

Section C

Part 22 – General Access and Parking

Part 25 – Notification

The proposed development satisfies the relevant DCP controls listed above. No planning objection is raised with respect to the proposed application in this regard.

Section A Part 3C Strata and Community Title Subdivision

The above mentioned control is as follows:

1. Any subdivision must retain the relationship between the building/or dwelling and its associated:

i) communal open space(s);

ii) parking spaces (visitor and allocated);

iii) water management devises; and

iv) waste and recycling facilities.

2. Any buildings included in a subdivision must comply with the relevant fire safety provisions for that building in relation to each relevant lot proposed within the development.

The proposed strata subdivision is of an approved mixed use development approved by the Department of Planning and Environment under repealed Part 3A Major Projects of the Environmental Planning & Assessment Act 1979 and modified by way of 4 modification applications also assessed by the Department (See Development History above). A site inspection revealed that the construction of the approved building is very near to complete. A review of the strata plans indicates that they are generally consistent with that of the approved buildings plans and previously approved stratum plans. The proposal is considered satisfactory in this respect.

Part 25 – Notification

In accordance with the notification controls of the Ku-ring-gai Development Control Plan, no notification of the application was required or undertaken.

Section 94 or 94A Development Contributions Plan

Not applicable. Section 94 Contributions have been previously paid for the construction of the development in accordance with the provisions of the relevant consents.

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

The proposed development is of low environmental impact that will have minimal effect on the surrounding neighbourhood.

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved, subject to conditions.

RECOMMENDATION

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

A. THAT the Ku-ring-gai Independent Hearing and Assessment Panel, as the consent authority, is of the opinion that the request under Clause 4.6 of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to vary the minimum subdivision lot size development standards is well founded. The Ku-ring-gai Independent Hearing and Assessment Panel 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.

B. THAT the Ku-ring-gai Independent Hearing and Assessment Panel, as the consent authority, grant development consent to DA0357/17 for the strata title subdivision of mixed use building to create 140 lots for development approved under Part 3A (MP08_244) on land at 23-37 Lindfield Avenue, Lindfield, for a period of two (2) years from the date of the Notice of Determination subject to conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the requisite Strata Subdivision Certificate is not issued within two years of the date of the Notice of Determination.

Conditions that identify approved plans:

1. Approved plans (strata)

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
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 1 of 17 Location Plan	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 2 of 17 Basement Level 3 - Towers “A” & “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 3 of 17 Basement Level 2 - Towers “A” & “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 4 of 17 Basement Level 1 - Towers “A” & “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 5 of 17 Ground Level - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 6 of 17 Level 1 - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 7 of 17 Level 2 - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 8 of 17 Level 3 - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 9 of 17 Level 4 - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 10 of 17 Level 5 - Tower “B”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 11 of 17 Level 1 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 12 of 17 Level 2 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 13 of 17 Level 3 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 14 of 17 Level 4 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 15 of 17 Level 5 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 16 of 17 Level 6 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017
Strata Plan Form 2 (DRAFT) (Issue 2) Survey Ref 170601 Sheet 17 of 17 Level 7 - Tower “A”	Mark Andrew of Linker Surveying Pty Ltd	27/07/2017

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

2. Inconsistency between documents

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

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

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

3. OSD positive covenant

Prior issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on site. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Part 24R.8.1 of the Ku-ring-gai DCP). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

Reason: To ensure maintenance of on site stormwater detention facilities.

4. Retention and re-use positive covenant

Prior to issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site retention and re-use facilities. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site retention facilities" and to the satisfaction of Council (refer to Part 24R.8.2 of the Ku-ring-gai DCP). The location of the on-site retention facilities for all dwellings is to be noted on the final plan of subdivision.

Reason: To ensure maintenance of site retention and re-use facilities.

5. 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.

6. 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.

7. Issue of Subdivision Certificate

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

8. 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.

9. 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.

10. Submission of certification of as-constructed development (strata)

Prior to the issue of the Subdivision Certificate, the applicant is to submit a survey report and surveyor’s certificate which confirms that

(a) The floors, external walls and ceilings depicted in the proposed strata plan for the building correspond to those of the building as constructed;

(b) The floors, external walls and ceilings of the building as constructed correspond to those depicted in the building plans that accompanied the construction certificate for the building; and

(c) Any facilities required by the development consent for the building (such as parking spaces, terraces and courtyards) have been provided in accordance with those requirements.

Reason: To ensure that the as-constructed development is consistent with the approval.

11. Submission of plans of subdivision (strata)

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

a) the endorsement fee current at the time of lodgement

b) the 88B instrument plus 6 copies

c) all surveyors and/or consulting engineers’ certification(s) required under this subdivision consent.

d) Proof of payment of S94 contributions.

All parking spaces and all areas of common property, including visitor car parking spaces and on-site detention facilities, which are to be common property, must be included on the final plans of strata subdivision. Where Council is the certifying authority, officers 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 re-checking fees.

Plans (and copies) of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works. If the certifying authority is not Council, then a copy of all of the above must be provided to Council.

Reason: Statutory requirement.

APPENDIX No: 1 - Assessment Report - 172-176 The Comenarra Parkway Wahroonga

Item No: GB.4

development application

ASSESSMENT REPORT

Report title:	172-176 THE COMENARRA PARKWAY, WAHROONGA – DEMOLISH EXISTING STRUCTURES AND CONSTRUCT A 127 PLACE CHILD CARE CENTRE WITH BASEMENT PARKING
ITEM/AGENDA NO:

Application No:	DA0270/17
Property Details:	172-176 The Comenarra Parkway, Wahroonga Lot & DP No: Lot A and B DP 368759 and Lot B DP 347649 Site area (m²): 3,338m² Zoning: R2 Low density residential
Ward:	Comenarra
Proposal/Purpose:	Demolition of existing structures and construction of a 127 place child care centre with basement parking.
Type of Consent:	Integrated
Applicant:	Sam Mamari
Owner:	Kyrenia Enterprises Pty Ltd
Date Lodged:	7 July 2017
Recommendation:	Approval (Deferred Commencement Consent)

Purpose of Report

To determine Development Application No DA0270/17 for demolition of existing structures and construction of a 127 place child care centre with basement parking on the subject site.

DA270/17 is referred to the Ku-ring-gai Independent Hearing and Assessment Panel for determination as more than 10 submissions objecting to the proposal were received.

integrated planning and reporting

Places, spaces & infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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 a high quality, accurate and consider all relevant legislative requirements

Executive Summary

Issues	· The Comenarra Parkway setback · rear southern setback
Submissions	· 82 submissions to original application · 14 submissions to amended application
Land & Environment Court	No
Recommendation	Approval (Deferred Commencement Consent)

LEGISLATIVE REQUIREMENTS:

Zoning	R2 Low Density Residential
Permissible under	Ku-ring-gai Local Environmental Plan 2015
Relevant legislation	· Environmental Planning and Assessment Act 1979 · Rural Fire Services Act 1997 · Children (Education and Care Services) Supplementary Provisions Act 2011 and Children (Education and Care Services) Supplementary Provisions Regulation 2012 · State Environmental Planning Policy No. 55 – Remediation of Land · State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 · Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 · Ku-ring-gai Local Environmental Plan 2015 · Ku-ring-gai s94A Contributions Plan 2015
Integrated Development	Yes – section 100B under Rural Fire Services Act 1997

History

Site

A search of the site history reveals that it has been used for residential purposes.

Pre-DA

PRE0106/16 – Child care centre at 172-174 The Comenarra Parkway

On 28 September 2016, a pre development application consultation was held with the applicant for demolition of existing structures and construction of a 94 place child care centre with basement parking.

PRE0107/16 – Boarding House at 176 The Comenarra Parkway

On 28 September 2016, a pre development application consultation was held with the applicant for the demolition of existing structures and construction of a boarding house, comprising of 7 studio units, 2 car garage and 2 motor cycle spaces.

PRE0010/17 – Child care centre at 172-176 The Comenarra Parkway

On 14 February 2017, a pre development application consultation was held with the applicant for the demolition of existing structures and construction of a 127 place child care centre with basement parking.

DA history

Date	Action
7 July 2017	Application lodged.
21 July 2017	The application was notified and advertised for a period of 30 days. A total of 82 submissions were received.
4 September 2017	A letter was sent to the applicant seeking additional information and amended plans.
17 August 2017	Application called to full Council by Councillor Elaine Malicki.
6 November 2017	Amended plans and additional information submitted.
10 November 2017	The amended application was notified for a period of 14 days. A total of 14 submissions were received.
5 December 2017	An email was sent on behalf of RMS requesting an amended plan modifying the road median design.
14 December 2017	Amended plan modifying the median design was submitted.

The Site

Site description

Visual character study category	1945-1968
Easements/rights of way	No
Heritage Item - Local	No
Heritage Item - State	No
Heritage conservation area	No
Within 100m of a heritage item	No
Bush fire prone land	Yes - north eastern corner and south eastern corner
Natural Resources Biodiversity	Yes – south western corner of site
Natural Resources Greenweb	Yes – south western corner of site
Natural Resources Riparian	No
Within 25m of Urban Bushland	No
Contaminated land	No Former service station use on 176 Fox Valley Road and 170D The Comenarra Parkway on opposite side of Fox Valley Road
Within 25m of Classified Road	No
Within 25m of a rail corridor/tunnel	No

The site comprises of a large irregular shaped lot, being Lot A and B DP 368759 and Lot B DP 347649 and has a street address of 172-176 The Comenarra Parkway, Wahroonga.

The site is a corner lot with the main frontage to The Comenarra Parkway and the secondary frontage is Fox Valley Road.

The site measures 3,388m² and currently accommodates 3 separate dwelling houses that address The Comenarra Parkway with rear gardens to the south.

The site has a fall of 6.6 metres from the higher, north eastern corner (front) to the lower, south western corner.

Surrounding development

The predominant character of the surrounding development is one and two storey dwellings on medium to large landscaped allotments and facilities ancillary to an educational establishment (189 Fox Valley Road) and the Sydney Adventist Hospital.

Adjoining the site to the south is 191 Fox Valley Road which is developed with a residential dwelling (zoned E4 under KLEP 2015). Adjoining the site to the west is 179 The Comenarra Parkway which is developed with a residential dwelling and zoned R2 under KLEP 2015.

The SAN site

On the opposite side of The Comenarra Parkway is the Sydney Adventist Hospital (the SAN) which is undergoing redevelopment. The Part 3A concept plan 07_0166 for the upgrade and expansion of hospital, new low medium and high density dwellings, educational facilities, commercial and retail was approved on 31 March 2010. The concept plan has been modified a number of times.

189 Fox Valley Road (within the SAN site)

Opposite the subject site and within the SAN site, is the former Wahroonga Adventist School, which has concept approval to be redeveloped for 2 mixed use buildings. To date, there is no detailed development consent (either via a development application or project approval).

Development consent to DA0453/12 was granted on 7 October 2015 for 2 residential buildings (4 and 6 storeys) for student accommodation, 2 residential buildings (4 and 6 storeys) for key worker accommodation, basement carparking, landscaping, stormwater works and subdivision adjacent to the former Wahroonga Adventist School.

172 Fox Valley Road (within the SAN site)

Development consent to DA0053/13 was granted on 7 October 2015 for 1 x 3 storey building and 2 x 4 storey buildings containing offices, central atrium, café and basement parking, landscaping, stormwater works and subdivision diagonally opposite the subject site. Construction works have commenced on this development.

It is noted that the Department of Planning and Environment is currently considering a modification (MOD7) to MP 10_0070 (detailed approval for alterations and additions to the hospital including road upgrades), to modify Condition E1 to undertake the interim upgrade of the intersection of The Comenarra Parkway and Fox Valley Road after completion of the Commercial development at the north-eastern corner of the intersection of The Comenarra Parkway and Fox Valley Road. The interim upgrade of the intersection is approved to be delivered prior to occupation of the commercial development.

176 and 178 Fox Valley Road

On the opposite side of Fox Valley Road is the ‘Fox Valley Shopping Centre’ and ‘Wahroonga Specialist Centre’ (zoned B1 Neighbourhood Centre).

The Proposal

The application seeks consent for:

· Demolition of existing dwellings

· Construction of a purpose built child care centre

· Operational parameters, including:

o capacity for 127 children

§ 32 x 0-2 year olds

§ 35 x 2-3 year olds

§ 60 x 3-6 year olds

§ 21 full time equivalent staff

o operation between 7.30am and 6.30pm Monday to Friday (inclusive), excluding public holidays

· Internal layout includes:

o 9 x playrooms

o 3 x cot rooms

o 2 x bottle preparation areas

o 2 x nappy change rooms

o 4 x bathroom facilities

o kitchen

o laundry

o staff facilities and amenities

o storage

· Basement level parking for 32 vehicles (inclusive of 2 x accessible spaces)

· 2 x waste rooms

· New driveway crossings on The Comenarra Parkway and Fox Valley Road

· ‘Left in’ entry and ‘left out’ exit from The Comenarra Parkway and ‘left out’ exit onto Fox Valley Road

· Ramping, lift and pathways between car park and centre

· External areas, including covered verandah, external foyer and ramping and 994m² of outdoor play space

· Outdoor storage rooms 66m²

· New boundary fencing, including acoustic walls

· Tree removal and landscaping works

Additional information and amended plans submitted 6 November 2017

The additional information and amended plans proposed the following changes to the application:

· Removal of proposed right-hand movement, into the site from The Comenarra Parkway

· 'Left in', 'left out' arrangement with a raised triangular island constructed at The Comenarra Parkway driveway

· Driveway on Fox Valley Road remains designated as exit only

· Revised Traffic and Impact Assessment submitted confirming dates traffic surveys were undertaken and amended trip generation during peak period

· Revised traffic simulation using SIDRA modelling submitted

· SIDRA analysis has been amended to include vehicle trips originating from Thornleigh (eastbound) and from the Fox Valley Road/The Broadway (northbound)

· Swept path diagrams for entering and existing vehicles from The Comenarra Parkway submitted

· Swept path diagrams for existing vehicles from Fox Valley Road submitted

· Amended pedestrian access path provided from the north-eastern corner to the entry of the centre

· Amended pathway and bin collection point at the street

· Land Title confirmation that the easement over 3 Seymour Close is a Council easement

· Request for deferred commencement consent to obtain agreement from 180 The Comenarra Parkway for new drainage easement

· Amended Landscape Plan

· Amended Stormwater Plan

· Arborist Report relating to Tree 8

· Air Quality Assessment

· Electromagnetic survey

Amended plans submitted 14 December 2017

The amended plan proposed the following change to the application:

· Modification of ‘left in’ left out’ driveways on The Comenarra Parkway to be splayed and separated by a raised kerb and a concrete median within the property boundary

Consultation

Community

In accordance with the notification requirements of the KDCP, the application was notified to owners and occupants of surrounding properties and advertised in the local newspaper between 21 July 2017 and 21 August 2017. In response, Council received 82 submissions from the following:

1. Mr G P Gleeson	209 Fox Valley Road, Wahroonga
2. Ms S Hodges	address not disclosed
3. Mr P Johnson	8 Seymour Close, Wahroonga
4. Mr G D A Feurtado	3 Seymour Close, Wahroonga
5. Ms P White	8/100 Browns Road, Wahroonga
6. S Ravi-Isaji	address not disclosed
7. Mr W & Mrs G Brown	15/66-72 Browns Road, Wahroonga
8. Mr R N & Mrs E M McLean	11 Seymour Close, Wahroonga
9. Mr S G Davis	4 Seymour Close, Wahroonga
10. Mr B Heath	217 Fox Valley Road, Wahroonga
11. Mr A & Mrs P E Koroknay	203 Fox Valley Road, Wahroonga
12. Ms D Smith	7 Warwick Place, Wahroonga
13. Ms M Baird	7b Dennis Avenue, Wahroonga
14. Mrs C Feurtado	3 Seymour Close, Wahroonga
15. Mr M Barnett	12 Yanilla Avenue, Wahroonga
16. Mr S J Turnbull	180 The Comenarra Parkway, Wahroonga
17. Mr R D & Mrs G L Hinchcliffe	9 Seymour Close, Wahroonga
18. Mrs N L Doyle	70 Campbell Drive, Wahroonga
19. Mrs K Atkinson	30 Kallang Parade, Wahroonga
20. Mrs M A Giles	4 Wongalee Avenue, Wahroonga
21. Mrs A Lawrence	6 Wongalee Avenue, Wahroonga
22. Mr A Stitt & Ms R Lown	82 Browns Road, Wahroonga
23. Mr K A & Mrs A Lyle & Family	9 Kerela Avenue, Wahroonga
24. Mrs S Baker	address not disclosed
25. Mr R Jarmyn	address not disclosed
26. Mr P & Mrs E Surjan	address not disclosed
27. Mr S T Conway	9 Morona Avenue, Wahroonga
28. Mrs M N Vernon	71 Browns Road, Wahroonga
29. Mr C Tarakci & Ms L J Lesslie	7 Seymour Close, Wahroonga
30. Mr R J & Mrs M J Southon	5 Seymour Close, Wahroonga
31. Mr G J Jepson	190 The Comenarra Parkway, Wahroonga
32. Mrs D J Sly	1 Morona Avenue, Wahroonga
33. Mrs A E De Vries	31 Wongalee Avenue, Wahroonga
34. Mr A C & Mrs F J Ross	35 Wongalee Avenue, Wahroonga
35. Mr R & Mrs L Jarmyn	12 Morona Avenue, Wahroonga
36. Mrs D Zandstra	6 Kallang Parade, Wahroonga
37. The Furlong Family	address not disclosed
38. Mrs H E Ledwidge	address not disclosed
39. Mr C & Mrs S Allen	63 The Comenarra Parkway, Thornleigh
40. Mr R J & Mrs K M Willatt	16 Morona Avenue , Wahroonga
41. Mr M & Mrs M White	address not disclosed
42. Mr I F T & Mrs M E J Walker	11/100 Browns Road, Wahroonga
43. Mr R J Stewart	15 Leuna Avenue, Wahroonga
44. T Rock	address not disclosed
45. Mrs R A Diamant	21 Yanilla Avenue, Wahroonga
46. s Pisheh	address not disclosed
47. Mr W & Mrs C Lennie	address not disclosed
48. Ms J Pinn	address not disclosed
49. Mr L & Mrs L Coote	address not disclosed
50. Mr F A Ledwidge	7 Kerela Avenue, Wahroonga
51. Mr R A & Mrs J Lainson	67 Browns Road, Wahroonga
52. Professor D G & Mrs O N Laing	36 Leuna Avenue, Wahroonga
53. Mr J A Farrar	207 Fox Valley Road, Wahroonga
54. Ms K Grainger, Senior Planner Jensen Bowers	PO Box H335, Australia Square
55. Ms Y Heng	PO Box 1725, Hornsby Westfield
56. Mrs A K Nalywajko	24 Wongalee Avenue, Wahroonga
57. Mr P Fletcher MP Federal Member for Bradfield on behalf of Ms Ravi-Isaji	Level 2 280 Pacific Highway, Lindfield
58. Mr P Fletcher MP Federal Member for Bradfield on behalf of Mr W & Mrs G Brown	Level 2 280 Pacific Highway, Lindfield
59. Mrs Y M Heath	193 Fox Valley Road, Wahroonga
60. Mr I G & Mrs V G Hanson	80 Browns Road, Wahroonga
61. Ms P A Gibson, Architect	7 Morona Avenue, Wahroonga
62. Mr B J & Mrs B A Freeman	11 Morona Avenue, Wahroonga
63. Mr T J & Mrs A C Escott	2 Kerela Avenue, Wahroonga
64. Mrs G A Downing	6 Leuna Avenue, Wahroonga
65. Mr B Downing	6 Leuna Avenue, Wahroonga
66. Mr A N Davie	12 Eurong Street, Wahroonga
67. Mr R M Cross	12 Leuna Avenue, Wahroonga
68. Mr R E & Mrs Y A Butterfield	3 The Broadway, Wahroonga
69. Ms F Young	3 Eurong Street, Wahroonga
70. Dr E G Salole	4 Eurong Street, Wahroonga
71. Mr P Fletcher MP Federal Member for Bradfield on behalf of Mr P and Mrs E Surjan	Level 2 280 Pacific Highway, Lindfield
72. Mr P Fletcher MP Federal Member for Bradfield on behalf of Mr A & Mrs P E Koroknay	Level 2 280 Pacific Highway, Lindfield
73. Mr M C Robinson	188 Fox Valley Road, Wahroonga
74. Ms K Wright	address not disclosed
75. F Keet, Associate CFO, Australasian Conference Association Limited	Locked Bag 2014, Wahroonga
76. Mrs N Andrews-Hay	182 Fox Valley Road, Wahroonga
77. Mr T L Andrews	213 Fox Valley Road, Wahroonga
78. Mr A Henskens SC MP Member for Ku-ring-gai on behalf of Mr W & Mrs C Lennie	27 Redleaf Avenue, Wahroonga
79. Ms J Johnson	18 Kallang Parade, Wahroonga
80. Mr T M-S	address not disclosed
81. Mr H Sin	27 Leuna Avenue, Wahroonga
82. Hunter Eye Surgeons Attention : Mr P Davies	Suite 1, 17 Edgar Street, Belmont

The submissions raised the following issues:

· Bushfire risk and risk to safe emergency evacuation given young children and increase in traffic congestion

A Bushfire assessment and evacuation plan was submitted and referred to the NSW RFS as the integrated approval body for the application. The RFS issued a Bush Fire Safety Authority imposing conditions, including the need for a Bush Fire Emergency Management and Evacuation Plan to be prepared in accordance with the current standard (Condition 79).

· Traffic congestion and lack of pedestrian safety at the intersection. Road network, intersection and light phasing require upgrading before any further development can occur

The Comenarra Parkway and Fox Valley Road intersection is approved to be upgraded in conjunction with the Sydney Adventist Hospital Staged Alterations and Additions (MP 10_0070 approved by Planning Assessment Commission under former Part 3A provisions).

The Wahroonga Estate is expected to complete the upgrade of the intersection prior to the occupation of the SAN Clinic in early 2019. Council’s Development Engineer is satisfied with the proposal.

· Land should be resumed from the site to improve the intersection

No land on the subject site is required to undertake the planned intersection upgrade.

· Flawed traffic data, given recent development approvals have not been taken into consideration

Whilst the traffic report does not include a projection of the impact of the traffic and parking of the new SAN Clinic, the proposed upgrade of the intersection of The Comenarra Parkway and Fox Valley Road has been planned and designed to accommodate traffic flows from the developments in the Wahroonga Estate Master Plan which includes the SAN Clinic. The proposal is considered satisfactory by Council’s Development Engineer.

· Right turn into centre from The Comenarra Parkway will cause queuing and significant east bound delay

The application was amended to delete the right hand turn into the centre from The Comenarra Parkway and make the driveway a left in, left out only arrangement.

· Air pollution and impact on children

The application was amended to provide an air quality report. The report concludes that a satisfactory level of air quality is attained for the proposed use.

· Privacy impacts to upper level of dwelling at 3 Seymour Close

The closest structure is the proposed storage room which is 15m from the dwelling at 3 Seymour Close. The indoor and outdoor play spaces are orientated toward the centre of the site. All windows on the western elevation are to storage areas and have external privacy screens. The southern edge of the outdoor play space has an acoustic fence and roof and restricts overlooking to the neighbouring properties. The impact on the neighbour is considered reasonable given the separation, orientation of the play spaces and buildings into the centre of the site and the proposed landscaping within the setbacks.

· Lack of parking for construction workers

This concern is addressed by Condition 6 which requires a detailed Construction Traffic Management Plan (CTMP) to be submitted prior to the issue of the construction certificate.

· Unobstructed access should be maintained to all public footpaths during construction

A condition is recommended requiring the public places including footpaths to be clear of any construction activity (Condition 40).

· Site is unsuitable for a child care centre and is a very dangerous location

Child care centres are permissible with consent in the R2 zone. The centre has been designed to comply with traffic, bushfire and building safety standards.

· Dust and dirt impacts during construction

A condition is recommended requiring dust to be managed during the construction phase (Condition 38).

· Noise impacts from waste collection and deliveries

Waste collection is proposed, kerbside along The Comenarra Parkway. The noise impact associated with collection of 6 bins kerbside is not considered to result in unreasonable amenity impacts on adjoining neighbours. A condition is recommended requiring loading and unloading of goods to occur within the basement (Condition 75).

· Child care centre is not permissible in low density zone

Under KLEP 2015, the child care centre is permissible with consent in the R2 Low Density Residential zone.

· Centre is within 250 metres of a mobile base station

The site is within 300 metres of mobile telephone transmitters located at 185 Fox Valley Road (SAN Hospital site). An electromagnetic report was submitted concluding that the radiofrequency fields were very low and below regulated safe levels.

· Centre is within 70 metres of power lines that may carry over 33kV

Ausgrid have confirmed that the site is not within 70 metres of power-line in excess of 33kV. The site is below overhead power lines on Fox Valley Road and an electromagnetic report was submitted concluding that the radiofrequency fields were very low and below regulated safe levels.

· Centre is located on a major roadway and air and noise quality report must be submitted

The centre is within 125 metres of The Comenarra Parkway (major roadway). An acoustic report and air quality report was submitted with the application demonstrating that satisfactory levels of noise and air quality are attained for the proposed use.

· Centre does not have frontage to a park

The centre does not have a frontage to a park or open space, however, is opposite a neighbourhood shopping centre, near education and medical facilities and has a maximum two common boundaries with surrounding residential properties. The site meets two of the three preferred locational requirements in Part 10 of KDCP and is considered to be appropriately located to benefit from nearby compatible social uses.

· Noise from the operation must be limited to maximum noise criteria

A Noise Impact Assessment was submitted with the application confirming that, subject to acoustic barriers, fencing and roofing being erected around the centre, the proposal can comply with the noise criteria. Fencing ranging from 1m to 1.8m is proposed along the southern and western boundaries. An acoustic barrier and cantilevered roof (setback 3m from southern boundary) runs alongside the outdoor play space, mitigating noise to properties to the south and south west.

· Development does not achieve objectives of the zone or Part 10 of KDCP

The application was amended and now generally complies with all Part 10 controls and objectives of those controls.

Additional information and amended plans submitted 6 November 2017

In accordance with the notification requirements of KDCP, the amended application was notified to owners and occupants of surrounding properties between 10 November 2017 and 24 November 2017. In response, Council received 14 submissions from the following:

1. Mr S J Turnbull	180 The Comenarra Parkway, Wahroonga
2. Mr R D & Mrs G L Hinchcliffe	9 Seymour Close, Wahroonga
3. Mr A Stitt & Ms R Lown	82 Browns Road, Wahroonga
4. Mr C Tarakci & Ms L J Lesslie	7 Seymour Close, Wahroonga
5. Mrs D J Sly	1 Morona Avenue, Wahroonga
6. Mr C & Mrs S Allen	63 The Comenarra Parkway, Thornleigh
7. Mr F A Ledwidge	7 Kerela Avenue, Wahroonga
8. Mr R A & Mrs J Lainson	67 Browns Road, Wahroonga
9. Mrs G A Downing & Mr B Downing	6 Leuna Avenue, Wahroonga
10. Ms F Young	3 Eurong Street, Wahroonga
11. Mr R Lawrence	address not disclosed
12. Mr J A Farrar on behalf of 37 residents	207 Fox Valley Road, Wahroonga
13. Mr E Herps, Senior Planner Jensen Bowers	PO Box H335, Australia Square
14. Mr W A & Mrs C M Lennie	191 Fox Valley Road, Wahroonga

The submissions raised the following additional issues:

· Traffic congestion and impact on already congested intersection

New figures available from RMS suggest traffic generation for childcare centres to be in the order of 0.7 vehicle trips per hour for both the AM and PM peak hours. This represents approximately 90 vehicle trips, respectively.

The RMS Guide refers to a trip as a “one-way vehicular movement from one point to another excluding the return journey. Therefore, a vehicle entering and leaving a land use is counted as two trips”. This means that there will be up to 45 vehicles entering and exiting the site during a one hour period. This is about 1 trip every 1.5 minutes.

An Intersection Assessment was undertaken by the traffic engineer concluding that the “Level of Service” measure for the intersection was estimated to be “D Operating near capacity” for AM and PM peak hours for both the existing situation and proposed childcare (under the current intersection layout) and is acceptable.

· Increased congestion on southern side of intersection caused by "Exit left only" and "Entry left only" onto the Comenarra Parkway - will necessitate all cars travelling east to make a right hand turn into Fox Valley Rd in peak hour traffic, do a U-turn and join the queue of all the other cars which line up at the Traffic lights in Fox Valley Road

Site access is restricted by “left in and left out” from The Comenarra Parkway and Fox Valley Road would remain “exit only”. An updated SIDRA analysis for the existing and proposed weekday traffic volumes for the AM and PM peak hour was carried out to include trips originating from Thornleigh (east bound) and from the Fox Valley Road/The Broadway (northbound). The trips originating from both the eastbound represent 11 trips per hour (1 trip every 5 minutes, or 1 tip every 2 traffic signal cycles) and northbound represents up to 22 trips per hour (1 trip every 3 minutes, or 1 trip every traffic signal cycle) which is unlikely to have a significant additional impact. This arrangement is considered acceptable by Council’s Development Engineer and RMS, subject to conditions.

· Inadequate parking provided on site and within the surrounding locality

Childcare centres are permissible in a residential zone. Parking rates are specified in Council’s planning controls so that adequate spaces are provided for staff and visitors within the site and to ensure that parking does not spill over into the surrounding streets. The proposal provides for 32 spaces and complies with the parking requirement.

· Inaccurate Traffic and Parking Report - does not give a true reflection of the current traffic conditions and the delays encountered by residents and the on-street parking available

Traffic counts have been carried out by the Traffic Engineers at the signalised intersection of The Comenarra Parkway and Fox Valley Road in the AM and PM peak periods (weekday 28 July 2016 outside school holidays). The traffic information gathered with regards to traffic counts, generated traffic of the proposed development and the impacts of that distribution through the adjoining road network have been assessed by way of SIDRA computer modelling.

The traffic counts used in the Traffic modelling is consistent with Council’s traffic counts within the area and are deemed to be acceptable.

· Inaccurate Traffic and Parking Report - report relies heavily on the “NSW RTA Guide to Traffic Generating Development” dated 2002

NSW RTA ‘Guide to Traffic Generating Developments” Version 2.2 dated October 2002 is the latest version and is accepted within the transport planning industry.

· Inaccurate Traffic and Parking Report - a recent Traffic Volume count shows a 92% increase in the volumes provided by Motion Traffic Engineers for the AM Peak Hour exiting from Fox Valley Road South (7.45am to 8.45am)

The submission states that the increase in volumes occurring because the writer has “observed many vehicles coming from Fox Valley Road north, crossing The Comenarra , then turning and exiting Fox Valley Road going west towards Thornleigh. Most of these vehicles go through the car park provided for the small shopping centre. Drivers believe that this is faster than waiting in the traffic to turn from Fox Valley Road North to The Comenarra Parkway going west to Thornleigh”.

Whilst this may be occurring at the moment, the proposed upgrade of the intersection of The Comenarra Parkway and Fox Valley Road would provide an additional right turn lane from Fox Valley Road (southerly) to The Comenarra Parkway (westerly). This should reduce right turn delays and minimise vehicles bypassing through the Fox Valley shops carpark and the southern leg of Fox Valley Road.

· Inaccurate Traffic and Parking Report - does not include a projection of the impact of the traffic and parking of the new SAN Clinic currently under construction

· The Comenarra Parkway/Fox Valley Road intersection must be upgraded to avoid additional congestion on an already stressed intersection

The Wahroonga Estate is expected to complete the upgrade of the intersection prior to the occupation of the SAN Clinic in early 2019. The proposed upgrade of the intersection of The Comenarra Parkway and Fox Valley Road has been planned and designed to accommodate traffic flows from the developments in the Wahroonga Estate Master Plan which includes the SAN Clinic.

· Traffic congestion along Fox Valley Road during construction phase

A detailed Construction Traffic Management Plan (CTMP) is required to be submitted prior to the issue of the construction certificate (Condition 6). It would be required that all construction vehicle routes for all stages of the development would approach from Pennant Hills Road, turn into The Comenarra Parkway and continue eastbound, right turn into the site (via a temporary driveway) and left turn out of the site onto The Comenarra Parkway travelling westbound. However, no construction vehicle movements would be permitted to ingress / egress via The Comenarra Parkway during the peak morning times from 7.00am to 9.30am.

A construction work zone will not be permitted on The Comenarra Parkway or Fox Valley Road. All loading and unloading is to be carried out on site.

· To minimise traffic impacts the centre should have to have a significant proportion of the children come from immediately local residences

This requirement is not enforceable but it is likely that children at the centre would be from the immediate area or connected to parents who work in the area i.e. SAN Clinic, SAN Hospital, Fox Valley Shops and Medical Centre.

· Evacuation plan inadequate

A Bushfire assessment and evacuation plan was submitted and referred to the NSW RFS as the integrated approval body for the application. The RFS issued a Bush Fire Safety Authority imposing conditions including the need for a Bush Fire Emergency Management and Evacuation Plan to be prepared in accordance with the NSW Rural Fire Services document “Guidelines for the Preparation of Emergency/Evacuation plan (Condition 79).

· There are two childcare facilities in vicinity of site, one directly opposite in the SAH and a preschool at KU Fox Valley less than 900 metres away

Under Clause 25 of the Education and Child Care SEPP Council cannot refuse consent on the basis that the development is in close proximity to an existing early education and care facility.

· The application fails to provide relevant consent for stormwater discharge over adjoining private property

Documentary evidence has been submitted from the downstream owners of No. 178 The Comenarra Parkway agreeing to provide a new drainage easement through their property. It is understood that negotiations are also currently underway with No. 180 The Comenarra Parkway. A Deferred Commencement Consent is recommended which requires the applicant to submit documentary evidence that the property has the legal right to drain over the downstream properties before the consent can operate (Schedule A).

· The proposal does not meet the objectives of the zone as it does not reflect the existing and intended surrounding low density residential character of the area

The building is single storey when viewed from The Comenarra Parkway and Fox Valley Road. This, combined with the side setbacks and proposed landscaping along the frontages and around the site, ensures the proposal is compatible with the surrounding low density residential character.

· The intensity of land use directly impacts upon the existing and expected amenity enjoyed by residents and will not achieve Objectives of KDCP

The land size and facilities proposed are adequate to support the number of child care places and comply with the key controls in Education and Child Care SEPP 2017, the National Quality Framework Assessment Checklist and Child Care Planning Guideline. The application was amended and generally complies with all Part 10 of KDCP controls and objectives of those controls.

· The proposed primary and secondary front setbacks to The Comenarra Parkway and Fox Valley Road do not comply

Part 10A.2 of KDCP requires a minimum 9 metres setback to the primary frontage (The Comenarra Parkway). The proposed building is predominately set back 9 metres from The Comenarra Parkway, however, two sections along the facade project forward and have a setback of 7.7m from The Comenarra Parkway. The non compliance is considered minor as the building is single storey, a generous side setback is provided, the projections provide articulation to the street elevation and landscaping within the frontage is proposed.

Part 10A.2 of KDCP requires a minimum 3.8 metres and average 4.5 metres set back to the secondary frontage (Fox Valley Road). The proposed building is setback 4.2 metres -5.8 metres from Fox Valley Road and complies.

· The rear setback does not comply with Council’s preferred minimum

Part 10A.2 of KDCP requires a minimum 12 metres setback to the rear boundary (southern boundary). The proposed building has a varied rear setback of 3 metres to 14 metres to the southern boundary. The variation is considered acceptable as the encroaching structures are the single storey outdoor storage shed and the acoustic barrier and acoustic roof alongside the outdoor play area and the proposed 3 metres wide landscaped setback to the southern boundary provides sufficient separation and amelioration of impacts to the neighbouring dwelling at 191 Fox Valley Road.

Amended plan submitted 14 December 2017

The amended plan was not notified to surrounding residents as the proposed amendments do not result in a greater environmental impact than the original proposal or subsequent amendments.

Within Council

Landscaping

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

SEPP (VEGETATION IN NON-RURAL AREAS) 2017 COMPLIANCE TABLE

Part 5 Miscellaneous provisions

Proposed

Satisfies

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

The objective of the SEPP is to protect the biodiversity values of trees and other vegetation and to preserve the amenity of the area through the preservation of trees and other vegetation.

Trees to be removed:

· Tree 1 Populous italica (exempt species)

· Tree 2 Cupressus sp?

· Tree 4 Cinnamonum sp (Camphor laurel) exempt species

· Tree 5 Viburnum sp

· Tree 6 Pitosporum undulatum)

· Tree 8 Liquidambar styraciflua (see notes regarding testing required)

· Trees 9 – 18 Cupressus macrocarpa (Monterey Cypress)

· Tree 19 Brachychiton (Ilawarra Flame Tree)

· Tree 21 Liquidambar styraciflua(dead)

· Tree 24 Syzigium luehmannii

None of these, (except for Tree 6 Pittosporum), are locally occurring native species.

Significant trees:

· Trees 8-19 are visually significant but considered unsuitable for the location due to proximity to electrical wires, flammability bushfire ember attack.

· Tree 1 is visually significant although an exempt species.

· Tree 8 Liquidambar sp has now been tested and has been determined as unsuitable for retention due to areas of decay within the trunk

All other trees are not considered significant due to smaller size, visual prominence and health or structure issues.

Trees to be retained:

· Tree 3 Pitosporum undulatum

· Tree 7 Cupressus leylandii

YES

*KDCP COMPLIANCE TABLE*
*Control*	*Proposed*	*Complies*
*Part 10A.3 Landscaping and Part 13 Tree and Vegetation Preservation*
Landscape proposals are to retain existing significant canopy trees (Control 5)	The proposal does not retain all significant trees. The proposal includes the removal of a visually prominent stand of Cupressus macrocarpa (Monterey Cypress) Trees 9-18 and Tree 8 Liquidambar styraciflua located within the front setback to The Comenarra Parkway. In relation to trees 9-18 the bushfire consultant has indicated that, These trees are not the preferred species for landscaping in bushfire prone areas and to make matters worse the canopy is very close together (making them an ideal ember trap) and they are located close to the electrical lines. We are therefore in support of the removal. In the circumstances and given the proximity to electrical wires as these trees are not yet mature, the location is not ideal given their eventual mature size. As such there is no objection to their removal. Tree 1 Populous nigra italica (Lombardy Poplar) located at the corner of the Comenarra parkway and Fox Valley Rd is visually prominent, however this species is exempt from Part 13 of Council’s DCP and can be removed without Council consent, therefore there is no objection to removal. Tree 8 is a mature Liquidambar styraciflua and proposed to be removed due to decay within the main stem. The arborist has provided resistograph testing which the arborist assesses as indicating the tree’s structure is compromised. On this basis I support removal of this tree. Native canopy planting is proposed to replace trees 8-18. The proposed stormwater easement and stormwater line located within the rear of No. 178 Comenarra Parkway has potential to impact Tree 26, a mature Turpentine, Syncarpia glomulifera. The proposed invert levels for the pits to either end of the easement within No.178 The Comenarra Parkway have now been amended and are satisfactory.	YES
Landscape character (Control 3)	Landscape design is consistent with the predominant adjoining residential development types	YES
Appropriate plant species (Control 4)	Plant species are consistent with acceptable requirements for health, safety and welfare of children	YES
Landscape proposals are to retain existing significant canopy trees (Control 5)	See comments regarding Tree 8.	YES
Minimum landscape areas to provide landscape character and screening to neighbours (Control 6)	Minimum 2 metres of landscaping is provided to primary street frontage. The proposal exceeds this. Minimum 1 metres of landscaping is provided to side and rear boundaries. This has been provided. There is a wide area of pebble mulch around the buildings presumably for bushfire protection purposes, which restricts the depth of planting. The proposed screen planting in this area is nonetheless adequate and includes small trees and large shrub planting of suitable species. A condition is recommended that the garden bed be widened for the benefit of the proposed planting (Condition 16). There is an absence of planting to both sides of the driveway. There appears to be no particular reason to omit planting in this area. Planting can be designed to preserve sight lines if this is the issue. A condition is recommended planting to both sides of the driveway is provided (Condition 16).	YES YES
Tree replenishment to be provided (Control 8)	Sufficient tree replenishment has been included on the Landscape Plan. The species have been amended as recommended, and some other species are now relocated to more suitable locations. Additional native canopy trees are now indicated within the front setback.	YES
*Part 10C.6 Outdoor play spaces of Child Care Centres*
Planting (Control 13)	Planting includes an attractive variety of trees and shrubs that contribute to the educational value of the centre.	YES
Tree plantings (Control 14)	Tree plantings contribute to shading requirements.	YES
*Part 16 Bushfire Risk*
16.1 Bushfire Risk Management	The bushfire report states that Trees 9-19 pose a risk in relation to ember attack and proximity to power lines. The trees are considered unsuitable for the location due to proximity to electrical wires and flammability bushfire ember attack. No tree removal or vegetation modification is required to maintain the APZ. Bushfire Report has endorsed the Landscape Plan.	YES
*Part 21 General Site Design*
21.1 Earthworks and Slope	Satisfactory.	YES
21.2 Landscape Design To ensure the landscape design and species selection is suitable to the site its context and considers the amenity of residents and neighbours.	The landscape design is compliant with the DCP controls, however, there appears to be an absence of ground cover and understorey planting within the frontage and to other areas that was previously indicated on the first version of the Landscape Plans. A condition is recommended requiring additional ground cover and understorey planting within the frontage and to other areas (Condition 16).	YES

The proposal is acceptable, subject to recommended conditions.

Engineering

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

Water management

The subject site slopes gently from the north-eastern corner to the south-western corner of the three lots by approximately 7 metres. The site’s stormwater will be conveyed via an inter-allotment drainage easement consisting of a 225mm diameter pipe that is to run along the southern boundary of the site and will connect to the existing Council stormwater drainage easement within 3 Seymour Close.

Documentary evidence has been submitted from the downstream owners of No. 178 The Comenarra Parkway agreeing to providing a new drainage easement through their property. It is understood that negotiations are currently underway with No. 180 The Comenarra Parkway. A Deferred Commencement condition is recommended, that the applicant shall submit documentary evidence that the property has the legal right to drain over the downstream properties as the Schedule A condition (Condition 1).

In discussion with Council’s Landscape Assessing Officer, the drainage easement route appears to be technically feasible and will not compromise tree protection so detailed design is not required for development application purposes.

The stormwater plans, prepared by United Consulting Engineers, show runoff from all roof areas to be collected and conveyed to a combined detention / retention tank comprising of 50m³ and 10,000L respectively located within the basement level. The stored rainwater would be used for garden irrigation which has been noted on the drawings. The OSD requirements described in Part 24C.5 of the DCP have also been satisfied.

No BASIX Certificate is required for this type of development. The methodology adapted within the Water Sensitive Urban Design Strategy No.16MB7179 dated 17 May 2017 prepared by United Consulting Engineers, suggest that a 10,000L rainwater storage volume would be adequate to satisfy Council’s streamflow objectives under Part 24C.3 of the Ku-ring-gai DCP. The rainwater tank only specifies re-use for irrigation of common open space (irrigation and planting) on the site.

The captured stormwater is to be treated by using a proprietary pollution device located downstream of the detention tank prior to connection into the existing drainage system at the rear of No. 180 The Comenarra Parkway. The captured stormwater will be treated using a Humes model ‘Jellyfish’ which satisfies the pollutant load standards set out in Part 24C.6 of the Ku-ring-gai DCP.

The Stormwater Drainage Plans 16MB7179/D01, D02, D03 and SW01 all issue ‘B’ dated 20 October 2017 prepared by United Consulting Engineers Pty Ltd are acceptable.

On-site parking provision and car park circulation

An updated Traffic & Parking Impact Report N1615527A (Version 1c) dated September 2016 prepared by Motion Traffic Engineers Pty Ltd has been submitted. Traffic counts have been undertaken and SIDRA analyses have been included within the report, as requested by Roads and Maritime Services.

Ku-ring-gai DCP Part 22R.1 ‘Car Parking’ requires 1 space per 4 children in care.

As it is proposed to accommodate 127 children, this would equate to a parking requirement of 32 spaces. The number of parking spaces provided is 32 for staff and visitors including 2 spaces designed for accessible parking.

According to the Statement of Environmental Effects, there will be 21 staff. Staff arrivals and departures are staggered to ensure the staff-children ratio is maintained with all staff on site in the core 9am to 5pm. This is considered acceptable given that it will be anticipated that fewer staff will be present early and late in the day allowing the other spaces to be used by carers.

The number of parking spaces satisfies the parking rates as specified in Council’s planning controls. This addresses the submission with regards to the on-site parking so that adequate spaces are provided for staff and visitors within the site and parking does not spill over into the surrounding streets.

The traffic assessment is done in consideration that vehicle access to the centre from The Comenarra Parkway is only left in and left out (3.0m wide vehicle ingress and egress points with a concrete traffic island) and a 3.0m wide driveway off Fox Valley Road driveway acts as exit only. It will be conditioned that ‘Left only’ sign on the triangular island be installed. This sign needs to be placed on the island close to the kerb line so that any vehicles attempting to illegally turn right could be restricted (Condition 59).

The driveway clear width satisfies the requirements of Part 22.2 of the Ku-ring-gai DCP. Given the location of the existing electrical substation and power pole in relation to the new exit driveway crossing off Fox Valley Road, the pedestrian sight distance has been checked to satisfy the requirements of Figure 3.3 of AS2890.1:2004.

The car parking layout specifies spaces with high turnover of child care drop off to be 2.6m wide which is adequate for parent/carers. The parking dimension satisfies the requirements of Australian Standard AS2890.1:2004 as does the disabled parking dimension which includes an adjacent shared area of 2.4m under AS 2890.6:2009.

Swept paths within the traffic report have also been submitted to demonstrate compliance with vehicle manoeuvrability for the critical car space No. 1 as well as the basement ramp movements. The swept tuning path analysis complies with the B99 and B85 design vehicle.

Traffic generation

The RMS Guide refers to a trip as a “one-way vehicular movement from one point to another excluding the return journey. Therefore a vehicle entering and leaving a land use is counted as two trips”. This means that there will be up to 45 vehicles entering and exiting the site during a one hour period. This is about 1 trip every 1.3 minutes.

Traffic counts have been carried out by the Traffic Engineers at the signalised intersection of The Comenarra Parkway and Fox Valley Road in the AM and PM peak periods (weekday 28 July 2016 outside school holidays). The traffic information gathered with regards to traffic counts, generated traffic of the proposed development and the impacts of that distribution through adjoining road network analysed has been assessed by way of SIDRA computer modelling.

Construction management

An indicative construction traffic management plan has been submitted which is acceptable for development application purposes. Construction vehicle routes have been shown for the inbound and outbound truck routes. Based on the scale of works and expected construction vehicle movements, a detailed construction traffic management plan (CTMP) must be submitted for review by Council Engineers prior to the commencement of any works on site.

The CTMP would need to show truck routes and turning path diagrams demonstrating how construction vehicles for all stages of development will turn into the site. For tree protection purposes, the use of the existing driveways for construction access is encouraged.

A Works Zone will not be required along the site frontage on Fox Valley Road given the existing Bus Zone. It is recommended that all loading and unloading be carried out within the site.

Waste management

Garbage collection is proposed on-street with waste bins proposed to be wheeled out from the bin storage area located within the basement car park. The garbage area proposed would be adequate to accommodate bins for waste, paper and recycling thus satisfies the minimum bin requirements under Part 24 of the Ku-ring-gai DCP. The car park layout now provides a dedicated path for wheeling bins from the basement lobby lifts to the street collection point.

According to the Plan of Management, no more than six bins will be presented to the street at any given time. The applicant proposes to engage a separate commercial contractor to service the centre.

Geotechnical investigation

A geotechnical assessment report, prepared by Jack Hodgson Consultants Pty Ltd Ref. MS31030 dated 13 March 2017, has been carried out which comprised of a six Dynamic Cone Penetometer tests to refusal depths up to 1.15m. The results interpretation suggests the subsurface conditions comprising of slightly reactive clays. Excavations are expected to be through thin sandy top soils before shale and sandstone bedrock is encountered at depths between 0.5m to 1.5m below current surface levels.

The geotechnical recommendations shall be carried out during construction as specified within the report (Conditions 39 and 41)

Conclusion

The proposal is acceptable, subject to recommended conditions.

Environmental Health

Council's Environmental Health Officer commented on the amended proposal as follows:

It is proposed that acoustic structures will be installed to the outdoor playground area along the southern side of the property and window treatments will be applied to the cot rooms to address noise impacts.

The proposal is acceptable, subject to appropriate conditions (Conditions 14, 20, 25,56, 57, 72 and 74).

Building

Council's Building Officer has commented on the amended proposal as follows:

Class 9b child care centre with Class 7a basement carpark

The proposed building design complies in general with the BCA requirements. Detail fire safety assessment will be undertaken by the Principal Certifying Authority at the CC stage. The following Building Conditions apply:

· Comply with Building Code of Australia requirements

· CNDGS05: Copy of the final fire safety certificate to be submitted to the Council with the occupation certificate

Outside Council

NSW Rural Fire Services (RFS)

Under the provisions of section 91 of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development on the basis that the application involves development of bushfire prone land for a special fire protection purpose and require authorisation under section 100B under the Rural Fires Act 1997.

Accordingly, the development and submissions have been referred to NSW RFS. The RFS issued a deemed Bushfire Safety Authority on 15 August 2017, subject to conditions (Condition 79).

NSW Roads and Maritime Service (RMS)

The proposed development is within close vicinity of a busy signalised intersection and adjacent to planned RMS road upgrades. Subsequently, the application was referred to RMS for comment.

Initially, RMS requested additional traffic and modelling information. The additional information was submitted and the RMS reviewed the amended application. As a result, the RMS requested a further amended plan detailing the raised median/kerb design on The Comenarra Parkway driveway. An amended plan was submitted and the RMS provided the following comments:

Reference is made to Council’s email dated 15 December 2017, regarding the abovementioned Application which was referred to Roads and Maritime Services (Roads and Maritime) for comment in accordance with Clause 104 of the State Environmental Planning Policy (Infrastructure) 2007.

Roads and Maritime has reviewed the submitted application and notes that the proposal adequately restricts access to left in and left out on The Comenarra Parkway per previous Roads and Maritime advice. Therefore Roads and Maritime raises no objections to the proposed child care centre.

Statutory Provisions

Acts

Rural Fire Services Act 1997

Under the provisions of Section 91 of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development on the basis that the application involves development of bushfire prone land for a special fire protection purpose and require authorisation under section 100B under the Rural Fires Act 1997.

Accordingly, the development was referred to NSW RFS, who issued a Bushfire Safety Authority. The conditions within the Bushfire Safety Authority are included in the consent (Condition 79).

Children (Education and Care Services) Supplementary Provisions Act 2011 and Children (Education and Care Services) Supplementary Provisions Regulation 2012

The relevant Facilities provisions of the Regulation have been considered as part of the assessment of the application and are generally reflected in the controls in State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and Ku-ring-gai Development Control Plan.

Environmental Planning and Assessment Act 1979

The proposal is “Integrated Development” under Part 4 of the Environmental Planning and Assessment Act 1979 and requires development consent and a Bushfire Safety Authority from the NSW RFS.

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.

State Environmental Planning Policies

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 uses. As such, it is unlikely to contain any contamination.

On the opposite side of Fox Valley Road is 176 Fox Valley Road and 170D The Comenarra Parkway and were formerly used as a petrol station. The site has since been developed as commercial medical suites and neighbourhood shopping centre.

Given the distance from the subject site and that the former contaminated site has been redeveloped, further investigation is not warranted.

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education and Child Care SEPP)

The Education and Child Care SEPP 2017 is a recent policy, gazetted on 1 September 2017. The aim of the policy is to facilitate the effective delivery of educational establishments and early childhood education and care facilities across the State.

The Education and Child Care SEPP 2017 was publically exhibited between March and April 2017. The subject application was lodged on 7 July 2017, prior to the gazettal of the policy.

The Education and Child Care SEPP 2017 includes Savings and transitional provisions in Schedule 5 stating,

(1) This Policy does not apply to or in respect of the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy.

(2) Despite subclause (1), before determining a development application referred to in that subclause for development for the purpose of a centre-based child care facility, the consent authority must take into consideration the regulatory requirements and the National Quality Framework Assessment Checklist set out in Part 4 of the Child Care Planning Guideline, in relation to the proposed development.

The relevant provisions that must be considered prior to determination are addressed below:

· Clause 23 Centre-based child care—matters for consideration by consent authorities

The consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline. The guidelines have been considered and are generally reflected in the comprehensive controls in Part 10 of KDCP. Refer to Part 10 of the compliance table later in this report.

· Clause 25 Centre-based child care—non-discretionary development standards

Particular matters relating to centre-based child care that, if complied with, prevent the consent authority from requiring more onerous standards for those matters:

Non-discretionary development standard		Complies
Location	Development may be located at any distance from an existing or proposed early education and care facility	YES
Indoor or outdoor space	The unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of the Education and Care Services National Regulations	YES
Site area and site dimensions	The development may be located on a site of any size and have any length of street frontage or any allotment depth	YES
Colour of building materials or shade structures	The development may be of any colour or colour scheme unless it is a State or local heritage item or in a heritage conservation area	YES

· Clause 26 Centre-based child care—development control plans

The provisions of KDCP that specify a requirement, standard or control in relation to any of the following matters (including by reference to ages, age ratios, groupings, numbers or the like, of children) does not apply to development for the purpose of centre-based child care:

(a) operational or management plans or arrangements (including hours of operation),

(b) demonstrated need or demand for child care services,

(d) any matter provided for in Part 2, Part 3 and Part 4 of the Child Care Planning Guideline (other than building height, side and rear setbacks or car parking rates).

· Part 4 Child Care Planning Guideline - National Quality Framework Assessment Checklist

Regulation	Proposed	Complies
104. Fencing or barrier that encloses outdoor spaces	Height, materials and style on plans	YES
106. Laundry and hygiene facilities	On site facilities proposed	YES
107. Unencumbered indoor space	Number of children: 127 Required area: 412.75sqm Provided Area: 426.71sqm	YES
108. Unencumbered outdoor space	Number of children: 127 Required area: 889sqm Provided Area: 894.18sqm	YES
109. Toilet and hygiene facilities	Toilets and hand basins shown on plan	YES
110. Ventilation and natural light	Plans and elevations how natural ventilation and lighting is achieved	YES
111. Administrative space	Administrative spaces on plans	YES
112. Nappy change facilities	Nappy change areas on plans	YES
113. Outdoor space—natural environment	Landscape plans satisfactory	YES
114. Outdoor space—shade	Shaded areas on plans	YES
115. Premises designed to facilitate supervision	Plans shows supervision is facilitated	YES

The regulatory requirements and the National Quality Framework Assessment Checklist have been considered and the proposal is generally consistent with the requirements and aims of the Education and Child Care SEPP 2017.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP)

The Vegetation SEPP commenced on 25 August 2017 and replaced clause 5.9 of Ku-ring-gai Local Environmental Plan 2015, which aimed to preserve trees and vegetation.

The objective of the Vegetation SEPP is to protect the biodiversity values of trees and other vegetation and to preserve the amenity of the area through the preservation of trees and other vegetation.

It is considered that the proposed development does not unduly impact upon any existing biodiversity or trees or vegetation on the site.

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (SREP 2005)

Local content

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

Zoning and permissibility:

The site is located within the R2 Low Density Residential zone. The proposed development is characterised as a child care centre and is permissible with consent under Part 2 of KLEP 2015. The proposal is consistent with the objectives of the zone in that the centre provides a facility and service to meet the day to day needs of residents that is compatible with the surrounding low density residential character.

Development Standards

Development standard	Proposed	Complies
Building height 9.5m (max)	8.4m (max)	YES
FSR 0.3:1 or 1,016.40m² (max)	0.27:1 (920m²)	YES

5.9 Preservation of trees or vegetation

This clause was repealed on 25 August 2017 and replaced with the Vegetation SEPP. Refer to discussion above.

6.1 Acid Sulphate Soils

The site is located within a Class 5 Acid Sulphate Soil zone and the works will not lower the water table. As such, no further investigation is considered necessary.

6.2 Earthworks

The application involves earthworks, including excavation up to 3.5 metres deep and retaining walls up to 2.5 metres high. The proposed excavation facilitates the provision of basement car parking and the retaining walls facilitate a level outdoor play area. The proposed earthworks have been assessed against the relevant matters and considered to be consistent with the provisions for the following reasons:

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

· The earthworks facilitate redevelopment of the land for a permissible purpose.

· The earthworks do not adversely impact on the existing amenity of adjoining properties, subject to implementation of landscaping within the setbacks.

· The excavated material is to be reused on site for landscaping.

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

It is considered that the development is consistent with the objectives of the clause to ensure earthworks will not have a detrimental impact, subject to conditions relating to control of soil and erosion (Condition 48).

6.3 Biodiversity protection

The rear, south-western, corner of the site is identified within the biodiversity protection area under KLEP 2015. The proposed development has been designed to minimise impact on the significant Turpentine (Tree 26) located at the rear of 178 The Comenarra Parkway and is consistent with the provisions of the clause subject to recommended conditions (Conditions 50 and 52).

6.5 Stormwater and water sensitive urban design

The objectives of this clause is to avoid or minimise the adverse impacts of urban stormwater on the land on which development is to be carried out, adjoining properties, native bushland, waterways and groundwater systems.

The application proposes stormwater will be conveyed via an inter-allotment drainage easement consisting of a 225mm diameter pipe that is to run along the southern boundary of the site, over 178 and 180 The Comenarra Parkway and connect into the existing Council stormwater drainage easement within 3 Seymour Close. A deferred commencement condition is recommended requiring the submission of documentary evidence that the property has the legal right to drain over the downstream properties (Schedule A Condition 1).

The proposal involves the collection and conveying of all roof water to a combined detention / retention tank located within the basement level.

The application also involves the provision of water quality measures, such as a proprietary pollution device to capture litter, debris and other pollutants prior to connection into Council’s public drainage system.

The development has been designed to manage urban stormwater run-off as per the requirements of the LEP, subject to recommended conditions.

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 application.

YES

Part 3 Land Consolidation And Subdivision

3B Land Consolidation

Land consolidation is to increase the width of the street frontage and avoid irregular lot configuration

The three allotments are required to be consolidated, increasing the street frontage width to 71 metres. The lot is much larger than other residential lots in the vicinity of the site, however, does not create a precedent for irregular lot configuration.

YES

Where development is proposed to cross lot boundaries, consolidation of the subject lots will be required.

A condition is recommended requiring consolidation of the three allotments (Condition 26).

YES

Part 10 Child Care Centres

10A.1 Location

Preferred locations

· 2 or less common boundaries with surrounding properties zoned residential

· Have a frontage to a park or other open space

· Located close to shopping facilities, public transport and other community facilities

· The site shares 2 common boundaries with surrounding residential properties.

· The centre does not have a frontage to a park or open space.

· The centre is opposite a neighbourhood shopping centre and near education and medical facilities.

The site meets two of the three preferred locational requirements and is considered to be sufficiently located to benefit from nearby compatible social uses.

YES

Discouraged locations:

Within 500 metres of a mobile phone base station - Radio Frequency report required

Site is within 300 metres of mobile telephone transmitters located at 185 Fox Valley Road. An electromagnetic report was submitted concluding that the radiofrequency fields were very low and below regulated safe levels.

YES

Within 70 metres of power-line in excess of 33kvs or directly below an overhead power line - electromagnetic report that demonstrates the site is safe for use

Ausgrid have confirmed that the site is not within 70 metres of power-line in excess of 33kvs. The site is below overhead power lines on Fox Valley Road. An electromagnetic report was submitted concluding that the radiofrequency fields were very low and below regulated safe levels.

YES

Adjoining potentially contaminated lands - evidence that the site is safe

Does not adjoin potentially contaminated lands.

YES

Within 125 metres of a major roadway – air and noise quality reports required

YES

Where a new child care centre is to be established in a residential street, the applicant is to demonstrate that there will be no significant impact to residential amenity or traffic movement

The proposal has been reviewed by Council’s Development Engineer, Council’s Traffic Engineer and the RMS. The net increase in traffic is considered to be within the environmental capacity of the street and intersection and does not significantly impact on residential amenity.

YES

10A.2 Site Planning

Centres in Residential Areas

Development must be appropriately located on the site having regard to the existing setbacks of adjoining properties, setback pattern of the street and block within which the proposal is situated, as well as Council’s minimum and average setback requirements.

· The Comenarra Parkway – minimum 9m

· Fox Valley Road - minimum 3.8m/average 4.5m

· Side – 1.5m

· Rear – 12m

· The Comenarra Parkway – 7.7m-9m

· Fox Valley Road - 4.2m-5.8m

· Side (west) – 3m -10.6m

· Rear – 3m-14m

Refer to discussion later in report.

YES

The centre must be designed to minimise potential noise and overlooking of adjoining residences by:

i. facing doors and windows of the centre away from sensitive areas such as bedrooms, living rooms and private open space; and

ii. facing play equipment away from common boundaries with residential properties.

The proposed building sits higher than the adjoining properties.

The openings on the western elevation that face 178 The Comenarra Parkway are set back greater than 3m and overlooking minimised by timber privacy screens are applied to the external face of the windows and landscaping.

The openings on the southern elevation that face 191 Fox Valley Road are set back greater than 10m and overlooking minimised by acoustic fencing and landscaping.

Potential noise impacts are buffered through the placement of the building around the perimeter of the site. Noise from the outdoor play area is minimised through the provision of a 3m high acoustic barrier and roofing alongside the southern edge of the outdoor play area and 1.8m high acoustic fence along the eastern and southern boundaries.

YES

Built Form

Minimum front, side and rear setbacks are to comply with the setback requirements of the predominant adjoining residential development type of that location.

· The Comenarra Parkway – minimum 9m

· Fox Valley Road - minimum 3.8m/average 4.5m

· Side – 1.5m

· Rear – 12m

· The Comenarra Parkway – 7.7m-9m

· Fox Valley Road - 4.2m-5.8m

· Side (west) – 3m -10.6m

· Rear – 3m-14m

Refer to discussion later in report.

YES

The overall building height is to be consistent with nearby dwellings.

Acceptable - single storey.

YES

Street facade treatment, including windows, doors and other articulation, is to be consistent with the predominant adjoining residential development type.

The proposed building presents as two large single storey dwellings to The Comenarra Parkway, which is not inconsistent with residential development in the vicinity of the site.

YES

The main entry to the child care centre must face a public street.

The main entry to the child care centre faces The Comenarra Parkway.

YES

Landscaping requirements are to be consistent with the predominant adjoining residential development type.

The proposed landscaping is acceptable.

YES

Bushfire Prone Land

Where a child care centre is proposed on bushfire prone lands it is to be accompanied by a report demonstrating that the development will be safe in the event of a bushfire and includes a satisfactory bushfire evacuation plan.

Bushfire assessment and evacuation plan submitted and reviewed by NSW RFS. NSW RFS has issued a Bush Fire Safety Authority imposing conditions including the need for a Bush Fire Emergency Management and Evacuation Plan to be prepared (Condition 79).

YES

10A.3 Landscaping

The landscape design of new child care centres is to minimise the visual impact of the building within the streetscape.

The proposed landscaping is acceptable.

YES

Screen planting must be provided to adjoining dwellings where required.

Landscaping is provided within the setbacks along the southern and western boundaries.

YES

The landscape design of the child care centre must relate to existing streetscapes in terms of scale and planting style and species selection.

The proposed landscaping is acceptable.

YES

No area within the child care centre may contain plant species that have the following characteristics:

i. plants known to be poisonous or that produce toxins;

ii. plants with high allergen properties;

iii. plants with thorns, spikes or prickly foliage; and

iv. plant species that Council considers may place the health, safety and welfare of the centre’s users at risk.

The proposed landscaping is acceptable.

YES

The child care centre is to be designed to provide for the protection and retention of significant canopy trees.

The stormwater easement and pipe design was amended to ensure Tree 26 (significant Turpentine) is retained and protected.

YES

Low Density Residential Areas

Where adjoining land in a low density residential area:

i. a minimum of 2m of landscaping is to be provided to the primary street frontage; and

ii. a minimum of 1m of landscaping at each side boundary; and

iii. a minimum of 1m landscaping at the rear boundary.

Greater than 2m of landscaping is provided to the front boundaries.

Greater than 1m of landscaping is provided all other boundaries.

YES

Minimum number of medium trees - 7

> 7 provided

YES

10B.1 Vehicle Access and Parking

Newly constructed centres are to provide car parking within the basement of the building where practicable.

Car parking provided within the basement.

YES

1 parking space per 4 children with a minimum of one space accessible for persons with a disability

Total Children = 127

Total spaces required = 32

Total 32 spaces provided including 2 spaces designed for accessible parking.

YES

Accessible parking clearly marked and close to main entrance of the building.

The accessible parking is clearly marked and as close to the lift lobby as possible.

YES

Centre not to have vehicular access from major road (listed under 10A.1) unless it is demonstrated that alternate access is neither provided or practical

The main vehicular access is proposed to/from The Comenarra Parkway (a major road) in a left in left out only arrangement. An exit point from the centre is also proposed via Fox Valley Road (not a major road at this location).

YES

Car parking spaces, circulation areas, roadways and ramps to comply with AS2890.1

Council’s Development Engineer is satisfied that the proposal complies.

YES

Designated footpath from car park to building entrance and to the footpath on the street

A designated footpath from the car park to the building entrance can be provided (Condition 15)

YES

Car parking areas shall be designed in a manner that allows vehicles to travel in a forward manner

Vehicles travel in a forward manner.

YES

Where located on a corner site, the car parking area shall be designed to avoid use of the site as a short cut.

The site is unlikely to be used as a short cut given basement access is required.

YES

Car parking must be located away from outdoor play areas of the centre.

The car parking is located away from outdoor play areas.

YES

10B.2 Accessibility

Accessibility to and within the building shall be provided in accordance with the Disability Discrimination Act 1992 and the BCA.

A continuous path of travel to and within the building in accordance with AS1428.2: Design and Access for Mobility must be provided.

An Accessibility Report was submitted with the application confirming that the proposal can achieve compliance with the access provisions of the BCA and the Design for access and mobility Standard.

YES

All key areas of the site must be linked by pathways that are accessible to prams, wheelchairs and the like.

The key areas are linked by pathways, ramps and a lift.

YES

In a residential area, child care centres must be located on the ground floor of the building.

The centre is located on the ground floor.

YES

10C.1 Solar Access and Ventilation

Common areas including indoor and outdoor play areas are to receive a minimum of 4 hour solar access between 9am and 3pm on 21 June.

The common areas receive a minimum of 4 hours solar access between 9am and 3pm on 21 June.

YES

The design must not affect solar access to adjacent dwellings in accordance with the standards associated with the adjoining dwelling type as nominated by this DCP (refer Volume A).

The design does not overshadow adjacent dwellings to less than 4 hour solar access between 9am and 3pm on 21 June.

YES

Where possible, children’s sleeping areas, toilets, staff rooms are to have access to natural light.

The children’s sleeping areas, toilets and staff rooms have access to natural light.

YES

Centres shall be designed to utilise natural cross ventilation as the primary ventilation control system.

The centre has openings to all aspects and can use cross ventilation as the primary ventilation control system.

YES

10C.2 Noise

Where a child care centre is to be located on a site adjoining a residential property, noise generated by the centre must not be more than 5dB(A) above the L90 (ambient background) noise level, as measured at any point on the adjoining residential property.

A Noise Impact Assessment was submitted with the application confirming that subject to acoustic barriers, fencing and roofing being erected around the centre, the proposal can comply with the noise criteria.

Fencing ranging from 1m to 1.8m is proposed along the southern and western boundaries. An acoustic barrier and cantilevered roof (setback 3m from southern boundary) runs alongside the outdoor play space, mitigating noise to properties to the south and south west.

It is noted that in order to comply with the internal noise criteria, the windows of the cot rooms and play areas facing towards The Comenarra Parkway and Fox Valley Road must be laminated glass with full perimeter acoustic seals and remain closed. The windows of the other rooms do not have any acoustic requirements.

A condition is recommended to ensure that the acoustic mitigation measures are integrated into the development and mechanical ventilation provided (Condition 57).

YES

10C.3 Indoor Play Spaces

The child care centre must provide at least 3.25m² of unencumbered indoor play space per child – 412.75m²

426.71m² provided

YES

Indoor and outdoor play spaces are to be designed so as to allow maximum and convenient supervision.

The indoor and outdoor spaces allow maximum and convenient supervision.

YES

Clear pedestrian access must be provided from the indoor play space to the back-up facilities of the centre.

Clear pedestrian access is provided to the back-up facilities of the centre.

YES

Indoor play spaces are to be designed so as to allow sub-spaces (eg home corners, dolls and reading areas) to be set up.

Sub-spaces capable of being set up.

YES

The design of the indoor play space must allow for efficient access to and supervision of frequently used back-up facilities, such as children’s toilet facilities, nappy changing areas and cot rooms.

Efficient pedestrian access is provided to frequently used back-up facilities.

YES

A craft preparation area, easily accessible by staff, is to be provided at the edge of the indoor play space.

A craft preparation area is provided at the edge of each indoor play space.

YES

Storage

A storeroom or storage area, suitable for the storage of large equipment (such as gym mats) must be directly accessible from each indoor play space.

A storage area is provided at the edge of each indoor play space.

YES

A storage area, adjoining the play space, must be provided for the storage of all bedding material to ensure beds are at the closest possible distance from their place of use.

A storage area is provided at the edge of each indoor play space, except for the 0-2 year old rooms, where cot rooms are provided.

YES

10C.4 Back-up Facilities

Cot Rooms

Cot rooms are to have a minimum floor area of 2.5m² per cot with a minimum gap of 800mm between each cot.

Cot rooms are to be located away from the indoor and outdoor play spaces and other high noise areas of the centre.

Where it is not possible to locate cot rooms away from high noise areas, adequate acoustic insulation measures for the room are to be implemented.

3 x cot rooms with 16 cots, min 2.5m² per cot and capable of 800mm gap between cots. The cot rooms are located along The Comenarra Parkway frontage and away from noise areas from within the centre. The Noise Assessment recommends that the windows are double glazed and remain closed to achieve noise criteria.

YES

Cot rooms or other designated sleep areas must be provided in accordance with the Education and Care Services National Regulations 2011.

The proposal is considered to be capable of being provided in accordance with the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

YES

Child Accessible Toilet Areas

All child-accessible toilet areas are to be 12.5m², as a minimum overall area, with an additional 2.5m² for each additional toilet over the baseline figure of 3 toilets.

Minimum 12.5m² toilet area

YES

Child-accessible toilets and hand washing facilities are to be provided in accordance with the requirements of the BCA.

A standard BCA condition is recommended (Condition 30).

YES

Mirrors constructed of safety glass are to be provided on top of the junior hand basins.

A condition is recommended (Condition 15).

YES

Separate doorways from indoor and outdoor play spaces must be provided to allow direct access to the child-accessible toilet area.

Separate doorways provided.

YES

Child-accessible toilet areas must be designed with a clear line of sight allowing maximum supervision from indoor and outdoor play spaces.

A clear line of sight is available from indoor and outdoor play spaces.

YES

Nappy Changing Areas

Nappy changing areas are to be located away from food and craft preparation facilities.

Nappy change station provided away from food and craft preparation facilities.

YES

Nappy changing areas are to be provided with a lockable gate or other means that restricts unsupervised access by children.

Areas restricted by door.

YES

Nappy changing areas are to be designed with windows or similar that allows staff to supervise indoor and outdoor play spaces while using the area.

Staff can supervise indoor play spaces while using the area.

YES

Bottle Preparation Area

Bottle preparation areas are to provide adequate space for the following:

· a sink and drainage board;

· an open bench;

· a microwave oven;

· a refrigerator; and

· shelving for bottle equipment.

Designated bottle preparation area provided.

YES

Bottle preparation areas are to be provided with a lockable gate, or other means, that will restrict unsupervised access by children.

Areas restricted by door.

YES

Bottle preparation areas are to be located at the edge of the indoor play spaces.

Located at edge of play room.

YES

10C.5 Staff and Parent Accessible Area

The following minimum dimensions apply for Staff and Parent Accessible Areas

Area	Minimum Dimension
Internal Foyer	15m²
External Foyer	10m²
Director’s Office	10m²
Administration Area	6m²
Staff Room	16m² with an additional 2m² for each additional staff member (2 x 21 = 24 + 16 = total 58m²)
Adult Toilet Facilities	10m²
Kitchen	16m² with an additional 6m² for general storage space
Laundry	10m²

Area	Minimum Dimension
Internal Foyer	29.6m²
External Foyer	10m²
Director’s Office	13.1m²
Administration Area	18.3m²
Staff Room	59.4m²including staff room, meeting room and parent lounge
Adult Toilet Facilities	20m²
Kitchen	18.1m² + 6.4 m²
Laundry	11.4m²

It is considered that the size and arrangement of the staff and parent accessible areas are functional and practical for the scale of the centre.

YES

All staff and parent accessible areas must be provided with a lockable gate, or other means, that restrains or restricts unsupervised access by children.

A condition is recommended requiring all staff and parent accessible areas to be restricted with a lockable gate, or by other means, that restrains or restricts unsupervised access by children (Condition 15).

YES

Internal and External Foyer Areas

An internal foyer area must be provided to:

i. Adjoin the main entry point of the child care centre;

ii. Adjoin the administration area / director’s office; and

iii. be of a functional size, proportionate to the number of users of the centre.

An internal foyer is provided that adjoins the administration area and considered to be proportionate to the number of users of the centre.

YES

The internal foyer area must be provided with a lockable gate, or other means, that restricts unsupervised access by children from play spaces.

A condition is recommended requiring the internal foyer area to be restricted with a lockable gate, or by other means, that restrains or restricts unsupervised access by children (Condition 15).

YES

An external sheltered foyer area must be provided and must:

i. be of a functional size for protection from weather conditions; and

ii. be designed to clearly identify the main entry to the centre.

An external sheltered foyer area is proposed that functional and identifies the entry to the centre.

YES

Director’s Offices / Administration Areas

The director’s office / administration area is to be of a functional size in relation to the number of children in care, allowing space for a photocopier, parent and staff meeting area and other administrative office furniture.

The director’s office / administration area must immediately adjoin the internal foyer area and allow for maximum supervision of this area.

The director’s office and administration areas are a functional size for the number of children in care and allows for supervision of the internal foyer.

YES

Staff Rooms

The staff room is to be located away from the high noise areas of the centre such as indoor and outdoor play spaces.

The staff rooms are appropriately located.

YES

The staff room is to be of a functional and comfortable size to accommodate the number of staff at the centre.

The staff rooms are a functional and comfortable size to accommodate the number of staff.

YES

Adult Toilet Facilities

Toilet facilities are not to directly open to the kitchen or other food preparation area

The adult toilet facilities do not directly open to the kitchen.

YES

Kitchens and Food Preparation Facilities

Kitchens and other food preparation facilities are to be provided in accordance with the provisions of the BCA.

A standard BCA condition is recommended (Condition 30).

YES

Kitchens and other food preparation facilities are to be designed and located so as to minimise noise transfer to children’s rest areas.

The kitchen location is satisfactory.

YES

Laundries

Laundries are to be provided away from the indoor play space and food preparation areas of the child care centre but are to be easily accessible from baby and toddler play spaces.

The laundry is located away from the indoor play space and food preparation area. it is easily accessible from the baby and toddler play spaces.

YES

Cleaner’s Storage Area

A storage area for all cleaning equipment of the centre must be provided.

A cleaners store is provided in the basement.

YES

10C.6 Outdoor Play Spaces

General

Outdoor play spaces shall:

i. provide more than 7m² of unencumbered outdoor play space per child – 889sqm

ii. provide storage space for play equipment of 0.5m² for each child attending the centre – 63.5sqm

894.18m² outdoor area provided

67.46m² storage provided

YES

Outdoor play spaces are to be located in either the side or rear setback of the site.

Located in rear setback.

YES

Where a child care centre caters for children aged above and below 3 years of age, separate outdoor play spaces are to be provided for children aged under 3 years and children aged between 3 and 5 years.

Separate outdoor play spaces are to be provided for children aged:

· 0-2 years

· 2-5 years

YES

Where separate outdoor play spaces are provided, a clear line of sight for direct access for supervision between the areas must be available to staff.

A clear line of sight for direct access for supervision between the areas is available.

YES

Outdoor play spaces for children aged 3-5 years must include a variety of spaces that allow children to engage in a range of activities, set out below:

i. an open play space that:

- provides adequate space for children to develop gross motor skills through activities such as running and jumping;

- incorporates a variety of natural ground surfaces such as grass or mulch; and

- utilises topographical variations such as mounds.

ii. an active play space that:

- dedicates space for climbing structures, digging areas and other play equipment;

- utilises topographical variation; and

- integrates natural and artificial ground surfaces.

iii. a quiet play space that:

- can be used for quiet activities such as teaching and finger painting;

- has a stable ground surface; and

- adjoins the transition area of the centre.

The outdoor play space includes a variety of spaces that allow children to engage in the range of activities described.

YES

Play Equipment

All outdoor play equipment must comply with the relevant Australian Standards including AS/NZS4486.1 1997 Playgrounds and Playground Equipment.

A condition is recommended (Condition 15).

YES

Softfall surfaces are to be used to surround play equipment and other areas where children may be at risk of falling from an elevated height. Softfall surfaces must comply with the relevant Australian Standards, including AS/NZS 4422 1996: Playground Surfacing.

A condition is recommended (Condition 15).

YES

Shade

Outdoor play spaces must be shaded in accordance with the NSW Cancer Council’s Shade for Children’s Services or any document that replaces it.

The outdoor play spaces are partly shaded.

YES

Planting

Where the outdoor play space of the centre adjoins a residential property, screen planting along the common boundary with the residences is to be provided.

The proposed landscaping improves screen planting along the common boundary with the residences and is acceptable.

YES

Plantings in outdoor play spaces are to include an attractive variety of trees, shrubs and other soft landscaping measures that contribute to the educational value of the centre through a mixture of colours, textures and forms.

The proposed landscaping is acceptable.

YES

Tree plantings are to be used to contribute to achieving the requirements of shading in accordance with the NSW Cancer Council’s Shade for Children’s Services or any document that replaces it.

The proposed tree placement for shading is acceptable.

YES

Fencing

The perimeter of all outdoor play spaces must be fenced to a minimum height of 1.2m.

Fencing is proposed around the outdoor play spaces, a condition is recommended requiring the fence to be a minimum 1.2m high (Condition 15).

YES

Where the outdoor play space of the child care centre shares a common boundary with a residential property, fencing along the boundary must be a minimum of 1.8m in height and constructed of a material that ensures the privacy of the residence (eg. overlapped timber).

Proposed fencing along the southern boundary is 1.8m in height and constructed of timber.

YES

The construction of fences in outdoor play spaces must not present a foothold below 900mm as measured from the ground level.

A condition is recommended (Condition 15).

YES

Gates leading to and from the outdoor play spaces are to be equipped with child-proof, self-locking mechanisms.

A condition is recommended (Condition 15).

YES

Acoustic fences are encouraged to protect visual privacy and acoustic amenity of neighbouring properties.

Proposed acoustic barrier along the southern edge of the outdoor play space is 3m high and ensures minimisation of overlooking and noise impacts.

YES

Noise

The outdoor play space of the child care centre must not be exposed to an average noise level in excess of 55 dB(A) originating from external sources, during the centre’s operating hours.

A Noise Assessment Report was submitted with the application confirming that subject to acoustic barrier and fencing, the proposal can comply with the noise criteria.

YES

Storage

Storage facilities for outdoor play equipment must be provided. This storage may be part of the main building or a separate structure sited in the outdoor play space.

Adequate storage provided.

YES

Outdoor storage areas must not be accessible to unsupervised children.

A condition is recommended (Condition 15).

YES

Outdoor storage structures that do not form part of the main building are to be of a solid construction that can be locked when not in use.

Part of main building and lockable.

YES

10C.7 Transition Area

Child care centre must have a transition area that shall:

i. provide 3-4m² of unencumbered play space per child – 381m²

ii. incorporate craft facilities and craft storage areas

381.7m² transition area provided between the building and the outdoor play area:

· 61.7m² uncovered

· 320m² covered

An additional covered area of 190sqm is provided in the outdoor play area.

There is considered to be an adequate amount of transitioning areas and shaded spaces for children to undertake activities outdoors.

A condition is recommended to require craft facilities and craft storage areas within the transition area (Condition 15).

YES

The transition area must be designed to allow indoor and outdoor activities to be conducted undercover.

Indoor and outdoor activities can be conducted undercover.

YES

The transition area must adjoin the child care centre’s main building.

The transition areas adjoin the main building.

YES

The transition area must be located between the indoor and outdoor play spaces.

The transition areas are located between the indoor and outdoor play spaces.

YES

The roof coverage of the transition area must be a minimum of 4m in width.

The majority of the roof coverage has a width of 4m.

Overall the area is of a sufficient size and provides a functional space.

YES

The transition area must have direct frontage to the outdoor play spaces.

The transition areas have a direct frontage to the outdoor play spaces.

YES

Access to the transition area must not rely solely on stairs.

The transition areas are at grade with indoor areas.

YES

The transition area must be designed in a manner that offers protection from unfavourable weather conditions, including strong winds and rainfall.

The transition areas are protected by the building and offer adequate weather protection.

YES

The transition area must be designed in a manner that utilises natural temperature controlling measures, including cross ventilation.

The area utilises natural temperature controlling measures.

YES

Roofing materials used in the transition area must not allow excessive heat to build up during summer months.

The shade structures are satisfactory.

YES

The transition area must be designed in a manner that does not inhibit supervision between indoor and outdoor play spaces.

The transition areas do not preclude supervision between indoor and outdoor play spaces.

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.

Council’s Landscape Officer is satisfied that the proposal will retain and protect important vegetation.

YES

Part 15 Land Contamination

The site may be considered ‘potentially contaminated land’, and have requirements for development applications and remediation works on contaminated land.

The site is not considered to be contaminated land and is suitable for child care centre land use.

YES

Part 16 Bushfire Risk

Development on Bushfire Prone Land is to comply with the requirements of Planning for Bushfire Protection. Protection of life and property from bushfire is to be considered in the early design phase, to allow appropriate construction and design techniques to be incorporated with biodiversity and heritage management on the site.

The site is mapped as bush fire prone land. In accordance with the provisions of section 91 of the Environmental Planning and Assessment Act 1979, the DA requires approval from the NSW RFS under Section 100B of Rural Fires Act 1997.

Council has consulted with the Commissioner of the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bush fire.

Conditions required by the RFS are imposed in the consent (Condition 79).

YES

Part 18 Biodiversity

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

Retain trees identified as Canopy Remnant on the Greenweb map.

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

The proposal does not impact on areas of vegetation and/or habitat of the high ecological value.

The proposed development will not result in a significant impact on native vegetation near the site, subject to conditions.

The rear south western corner is mapped as Greenweb land. The application was amended to minimise impact from stormwater pipe on the Turpentine on 3 Seymour Close.

The development retains existing site drainage patterns and excavation/fill is minimised within the area mapped as Greenweb land.

The proposal will result in no net loss of biodiversity on the site.

YES

Part 21 General Site Design

21.1 Earthworks and Slope

Development must be accommodated within the natural slope of the land. Level changes across the site are to be primarily resolved within the building footprint.

Retaining walls on low and medium residential density sites must not exceed 1m in height above existing ground level.

The site experiences a slope from the front, north-eastern corner to the rear, south-western corner.

Level changes are incorporated into the outdoor play areas, slightly stepping down the site.

An average 1m high retaining wall runs alongside the southern edge of the outdoor play space to create a level area.

The impacts associated with the elevated outdoor play space are ameliorated by provision of a 3m southern setback, landscaping within the setback and an acoustic barrier and roof.

YES

Existing ground level is to be maintained for a distance of 2m from any boundary.

Existing ground level is generally maintained around the site perimeter.

YES

21.2 Landscape Design

Site Planning and Design, Planting

Council’s Landscape Officer is satisfied that the proposed landscaping is acceptable.

YES

Part 22 General access and parking

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 vehicular access is acceptable.

YES

Part 23 General building design and sustainability

23.4 Materials and Finishes

Walls – painted render (greys, beiges/yellows) with feature Timber cladding

Roof – Colorbond metal sheeting (dark grey)

Northern and eastern fencing – metal/timber palisade style

Southern and western fencing – timber lapped and capped style

YES

23.7 Waste Management and 23.10 Construction, Demolition and Disposal

The waste storage area located in the basement to ensure minimal impacts.

The applicant has lodged a Waste Management Plan with the application. The proposal is consistent with these provisions.

No issues or concerns were raised by Council’s Development Engineer in relation to stormwater quality control during construction and erosion and sediment control during construction subject to conditions.

A construction traffic management plan will be required to be prepared and endorsed by RMS and Council prior to issue of a construction certificate (Condition 6).

YES

Part 23.8 and 23.9 General Acoustic and Visual Privacy

The proposal incorporates a combination of fencing, barriers, landscaping, separation and screening devices to minimise overlooking and noise impacts to neighbouring properties.

YES

Part 24 Water Management Controls

Stormwater must be discharged from the site in accordance with the controls for the relevant location category, as identified in Part 24 of KDCP.

Council’s Development Engineer is satisfied that the proposal has been designed to manage urban stormwater run-off as per the control requirements of the DCP, subject to conditions.

YES

Part 25 Notification

Integrated development notification and advertising 30 days.

The application has been notified in accordance with the requirements of the Regulations and DCP. The submissions received are addressed above.

YES

The Comenarra Parkway setback

The variation is considered acceptable in this instance as for the following reasons:

· The majority of the setback complies with the minimum control.

· The two projections forward of 9 metres are minor and provide articulation to the street elevation.

· The western side setback is an average 7.5 metres and provides adequate separation between the centre and the neighbouring dwelling at 178 The Comenarra Parkway to maintain amenity.

· The proposed setbacks maintain a wide landscaped frontage to the building.

· The building is single storey when viewed from The Comenarra Parkway and combined with the side setbacks and proposed landscaping, the proposal is considered to be compatible with the scale and character of surrounding area.

· The objectives of the control are achieved.

Rear southern setback

Part 10A.2 of KDCP requires a minimum 12 metres setback to the rear boundary (southern boundary). The proposed building has a rear setback that varies from 3 metres to 14 metres to the southern boundary.

The variation is considered acceptable in this instance as for the following reasons:

· The majority of the internal parts of the centre comply with, and exceed the minimum 12 metres control.

· The structures within the 12 metres setback are the single storey outdoor storage shed and the acoustic barrier and acoustic roof alongside the outdoor play area.

· The proposal provides a more generous setback, 3 metres to the outdoor play space than the 1 metre recommended in Part 10 of KDCP.

· The 3 metres setback is proposed to be planted out with Lilly pillys, Water gums and Judas trees capable of reaching heights of 4 metres -8 metres.

· The visual and acoustic impacts to the neighbouring dwelling at 191 Fox Valley Road are reasonable given the single storey nature of the structures and proposed landscaping along the boundary.

· Based on the existing setbacks of adjoining properties and setback pattern of the street, the rear setback is considered appropriate for a corner lot.

· The objectives of the control are achieved.

Hours of operation

It is proposed that the centre will operate from 7:00am – 6:00pm, Monday to Friday, excluding Public Holidays. These are considered to be a suitable range of hours for a long day care centre. A condition is recommended specifying the approved hours of operation (Condition 78).

Ku-ring-gai Contributions Plan 2015 (S94A)

The cost of the proposed works are quoted as $4,024,514.00 being more than $100,000 and attracts the payment of a contribution in accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and Ku-ring-gai Contributions Plan 2015. Accordingly, $40,245.14 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs (Condition 28).

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

The proposed development is of low environmental impact that will have an acceptable impact on the surrounding neighbourhood.

Recommendation:

THAT the Ku-ring-gai Independent Hearing Assessment Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grant Deferred Commencement Development Consent to DA0270/17 to demolish existing structures and construct a 127 place child care centre with basement parking at 172-176 The Comenarra Parkway, Wahroonga, Pursuant to Section 95(6) of the Environmental Planning and Assessment Act, 1979 this consent lapses if the approved works are not physically commenced within a period of two (2) years from the date of the date on which the consent becomes operable.

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

The following deferred commencement terms 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

1. Approved architectural plans and documentation (new development)

Plan no.	Drawn by	Dated
DA01, DA11, DA21Revision D	Artiva Architects	14 December 2017
DA31 Revision B	Artiva Architects	8 September 2017
Landscape plans 1/2 and 2/2 Revision 4	Tessa Rose	26 October 2017
Stormwater plans 16MB7179/D01, 16MB7179/D02, 16MB7179/D03, 16MB7179/SW01 Issue B	United Consulting Engineers Pty Ltd	20 October 2017

Document(s)	Dated
Colours and finishes schedule DA81 Revision A prepared by Artiva Architects	23 May 2017
Acoustic Assessment report TJ240-02F01 (r2) prepared by Renzo Tonin and Associates	4 April 2017
Geotechnical report MS31030 prepared by Jack Hodgson Consultants Pty Ltd	13 March 2017

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

2. Inconsistency between documents

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

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

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

3. 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.

4. 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.

5. 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.

6. Construction and traffic management plan

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

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

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

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

The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for the longest 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:

· demolition

· excavation

· concrete pour

· construction of vehicular crossing and reinstatement of footpath

· traffic control for vehicles reversing into or out of the site.

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

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

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

7. Sediment controls

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

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.

8. 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 Landcom 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.

9. Tree protection fencing

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

Tree/location	Radius in metres
Tree 3 Pittosporum undulatum	3m
Tree 7 Cupressocypeus leylandii	3m

Reason: To protect existing trees during the construction phase.

10. 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.

11. 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.

12. 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.

13. 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 and other occupants during the construction process.

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

14. Acoustic design report

Prior to the issue of the Construction Certificate, an acoustic design report prepared by an appropriately qualified acoustic consultant shall be submitted to and approved by the Principal Certifying Authority. The report shall detail all acoustic measures required to ensure that noise generated by the centre is not more than 5db(A) above the L₉₀ (ambient background) noise level when measured at any point on an adjoining residential property. The acoustic design is to include masonry construction of the 3m high acoustic barrier to the outdoor play area on the southern side of the property and other noise mitigation measures as recommended by Renzo Tonin and Associates in Acoustic Assessment Report No TJ240-02F01 (r2) dated 4 April 2017.

Reason: To protect the amenity of surrounding residents.

15. Child care centre details

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the development provides and satisfies the following:

(a) Mirrors constructed of safety glass are to be provided on top of the junior hand basins.

(b) All staff and parent accessible areas and the bottle preparation area must be provided with a lockable gate, or other means, that restrains or restricts unsupervised access by children.

(c) The internal foyer area must be provided with a lockable gate, or other means, that restricts unsupervised access by children from play spaces.

(d) All outdoor play equipment must comply with the relevant Australian Standards including AS/NZS4486.1 1997 Playgrounds and Playground Equipment.

(e) Softfall surfaces are to be used to surround play equipment and other areas where children may be at risk of falling from an elevated height. Softfall surfaces must comply with the relevant Australian Standards, including AS/NZS 4422 1996: Playground Surfacing.

(f) The construction of fences in outdoor play spaces must be fenced to a minimum height of 1.2m and not present a foothold below 900mm as measured from the ground level.

(g) Gates leading to and from the outdoor play spaces are to be equipped with child-proof, self-locking mechanisms.

(h) Outdoor storage areas must not be accessible to unsupervised children and must be locked when not in use.

(i) Craft facilities and craft storage areas are to be provided within the transition area.

Reason: To ensure adequate child care centre facilities are provided.

16. 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:

Plan no.	Drawn by	Dated
Drwg 1&2 rev 4	Tessa Rose	26/10/17

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

i. Provide layered planting including to the entirety of the site frontage and to the side setback to the driveway from The Comenarra parkway and to the areas to either side of the driveway from Fox Valley Road. shrubs and groundcovers while ensuring the pedestrian and vehicular sight lines are retained.

ii. Increase the garden bed width along the rear boundary to a minimum of 1.5 metres.

Prior to the issue of the Construction Certificate, the 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.

17. 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.

18. 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.

19. Access for people with disabilities (commercial)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities from the public domain and all car parking areas on site to all tenancies within the building 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.

20. Noise from plant in residential zone

Prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of mechanical ventilation equipment and/or other noise generating plant including roller shutter doors and lifts, either as an individual piece of equipment or in combination with other equipment 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 - 7.00am) when measured at the nearest affected residential property boundary.

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.

21. 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.

22. Ausgrid requirements

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

Any structures or other requirements of Ausgrid shall be indicated on the plans issued with the

Construction Certificate, to the satisfaction of the Certifying Authority and Ausgrid. The requirements of Ausgrid must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Ausgrid.

23. 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.

24. 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.

25. Design of food preparation areas

Plans and specifications for the food preparation area complying with the requirements of the Food Act and Regulations, Australian Standard AS 4676 2004, AS 1668 Parts 1 and 2 shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate. Plans and specifications shall address the following:

· floor plans, showing the layout of the fixtures and fittings, refrigerated and dry food storage facilities

· elevations and sections showing floor, wall and ceiling construction and finishes

· elevations and sections showing the installation of fixtures and fittings

· waste storage area showing wall and floor finishes, sewer and water tap connections

· all proposed mechanical ventilation/exhaust systems and discharge locations

Reason: To ensure compliance with standards for food premises.

26. Consolidation of lots

Prior to issue of the Construction Certificate the Applicant must consolidate the three (3) existing Torrens lots which will form the development site. Evidence of lot consolidation, in the form of a

plan registered with Land and Property Information, must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate.

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

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

27. 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) Release of the bond – Upon receipt of the Final Occupation Certificate, Council will undertake an inspection of Councils Infrastructure and release the bond if no damage is found.

For development relating to more than 2 dwellings, there will be a six months holding period after the receipt of the final occupation certificate, after which you may request Council to return any bond monies.

If there is damage found to Council property the bond will not be released until the damage has been rectified to Council’s satisfaction.

(f) 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.

28. Section 94A development contributions

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and Ku-ring-gai S94A Contributions Plan 2015, $40,245.14 based on development costs of $4,024,514.00, shall be paid to Council to provide for additional local infrastructure improvements in accordance with the works programme listed in the s94A Contributions Plan.

If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Ku-ring-gai S94A Contributions Plan 2015 and inflated by the Consumer Price Index (All Groups Sydney).

The monetary contributions shall be paid to Council:

(a) prior to the issue of the Subdivision Certificate where the development is for subdivision; or

(b) prior to the issue of the first Construction Certificate where the development is for building work; or

(c) prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

(d) prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Ku-ring-gai S94A Contributions Plan 2015 may be viewed at www.kmc.nsw.gov.au <http://www.kmc.nsw.gov.au> or a copy may be inspected at Council’s Administration Centre during normal business hours.

Reason: To cater for the increased demand for upgrades in the public domain resulting from cumulative developments in accordance with Ku-ring-gai S94A Contributions Plan 2015.

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

29. 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.

30. 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

· if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the building, structure or work from possible damage from the excavation, and

(b) where necessary, underpin the building, structure or work to prevent any such damage.

Reason: Statutory requirement.

31. 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 Roads and Maritime Services (RMS) 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.

32. External walls and cladding flammability

The external walls of the building including attachments must comply with the relevant requirements of the National Construction Code (NCC). Prior to the issue of a Construction Certificate and Occupation Certificate the Certifying Authority and Principal Certifying Authority must:

(a) Be satisfied that suitable evidence is provided to demonstrate that the products and systems proposed for use or used in the construction of external walls including finishes and claddings such as synthetic or aluminium composite panels comply with the relevant requirements of the NCC; and

(b) Ensure that the documentation relied upon in the approval processes include an appropriate level of detail to demonstrate compliance with the NCC as proposed and as built.

Reason: Statutory requirement to ensure the safety of occupants.

33. Vibration

Vibration emitted from activities associated with the demolition, excavation, construction and fitout of buildings and associated infrastructure shall satisfy the values referenced in Table 2.2 of the Environment Protection Authority Assessing Vibration - a Technical Guideline.

Reason: To protect the amenity of surrounding residents and other properties during the construction process.

34. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be

kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

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

35. 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.

36. Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with best practice objectives of AS 2436-2010 and NSW Environment Protection Authority Interim Construction Noise Guidelines and the recommendations of the approved noise and vibration management plan.

Reason: To protect the amenity of surrounding residents and other properties during the construction process.

37. Site notice

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

The site notice must:

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

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

· be durable and weatherproof

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

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

Reason: To ensure public safety and public information.

38. 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.

39. Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

· appropriate excavation method and vibration control

· support and retention of excavated faces

· hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Jack Hodgson Consultants Pty Ltd Ref. MS31030 dated 13 March 2017. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason: To ensure the safety and protection of property.

40. 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.

41. 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.

42. 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.

43. 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.

44. Recycling of building material (general)

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

Reason: To facilitate recycling of materials.

45. 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.

46. 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.

47. 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.

48. Erosion control

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

Reason: To protect the environment from erosion and sedimentation.

49. 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.

50. Cutting of tree roots

No tree roots of 30mm 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
Syncarpia glomulifera/ within the rear of 178 The Commenara Parkway	6 metres

Reason: To protect existing trees.

51. Approved tree works

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

Tree/Location	Approved tree works
Trees to be removed as indicated on sheet 2 rev4 dated 26/10/17 by Tessa Rose	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.

52. Thrust boring

Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring method. Thrust boring shall be carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system:

Tree/Location

Location from trunk

Syncarpia glomulifera/ within the rear of

178 The Commenara Parkway

As indicated on plan 3 Rev B drwg No 16MB7179/D01 dated 20/10/17 by United Consulting Engineers

Reason: To protect existing trees.

53. 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.

54. 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.

55. 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:

56. Construction of food preparation and storage areas

Prior to the issue of the occupation certificate, the Principal Certifying Authority shall be satisfied that the construction of the food preparation areas is in accordance with the requirements of the Food Act 2003, Food Standards Code 3.2.3 Food Premises and Equipment and Australian Standard 4674-2004 Design, Construction and Fit-out of Food Premises.

Reason: To ensure compliance with standards for food premises.

57. Acoustic measures

Prior to the issue of the occupation certificate, the Principal Certifying Authority shall be satisfied that all fencing, window treatments, acoustic barriers including the 3 metres high masonry acoustic barrier to the outdoor play area on the southern side of the property and other noise mitigation measures as recommended in the acoustic design report have been installed. Written advice from an acoustic engineer is to be submitted to the Principal Certifying Authority confirming that the acoustic measures will achieve the operational noise criteria specified by Renzo Tonin and Associates in Acoustic Assessment Report No TJ240-02F01 (r2) dated 4 April 2017.

Reason: To ensure an acceptable acoustic outcome for neighbouring properties.

58. Garbage and recycling facilities

Prior to the issue of the occupation certificate, the Principal Certifying Authority shall be satisfied that the waste storage area has been installed, has rendered internal walls that are coved at the floor/wall intersection, has a floor that is graded and drained to the sewer and is provided with a tap with hot and cold water to facilitate cleaning.

Reason: To protect residential and environmental amenity.

59. Raised median

Prior to the issue of the Occupation certificate, the Principal Certifying Authority shall be satisfied that the raised concrete median within the property boundary has been constructed in accordance with RMS specifications. A 'left only' sign on the triangular island is to be installed.

Reason: To restrict any vehicles attempting to illegally turn right from the driveway.

Prior to the issue of the Occupation Certificate the Principal Certifying Authority shall be satisfied that the installation and performance of the mechanical systems complies with:

• The Building Code of Australia

• Australian Standard AS1668

• Australian Standard AS3666 where applicable

Reason: To protect the amenity of occupants.

60. Completion of landscape works

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

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

61. Accessibility

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

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

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

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

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

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

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

Reason: Disabled access & services.

62. Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Part 24R.8.2 of Ku-ring-gai DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason: To protect the environment.

63. Certification of drainage works

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

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

· the minimum retention and on-site detention storage volume requirements of Ku-ring-gai DCP 'Water Management' Part 24, have been achieved

· retained water is connected and available for use

· all grates potentially accessible by children are secured

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

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

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

Reason: To protect the environment.

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

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

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

· gradients of drainage lines, materials and dimensions

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

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

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

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

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

· dimensions of the discharge control pit and access grates

· the maximum depth of storage possible over the outlet control

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

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

Reason: To protect the environment.

65. OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Part 24R.8.1 of Ku-ring-gai DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason: To protect the environment.

66. Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason: To protect the streetscape.

67. Infrastructure repair

Prior to issue of the Occupation Certificate, and upon completion of any works which may cause damage to Council’s property, the Principal 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 and at no cost to Council.

Reason: To protect public infrastructure.

68. Fire safety certificate

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.

Note: A copy of the Fire Safety Certificate must be submitted to Council.

Reason: To ensure suitable fire safety measures are in place.

Conditions to be satisfied at all times:

69. Use of premises

a. The capacity of the child care centre is limited to a maximum of 127 children at any one time.

b. The development is to be carried out at all times in accordance with the approved operational plan of management, as amended.

Reason: To ensure the operation of the facility is consistent with the consent.

70. Operational management plan

An Operational Management Plan must be developed and adopted by Management at the Child Care Centre and cover issues such as hours of use, child use of outdoor play areas, noise management plans, complaints handling and security. The Operational Management Plan must be consistent with and reflect the conditions of consent including the NSW RFS Integrated referral conditions. A copy must kept onsite in the main office.

Reason: To ensure the operation of the facility minimises impact on neighbouring residents.

71. Separate consent for signage

A separate development application for any proposed signs (other than exempt or complying signs

under any relevant instrument) must be submitted to and approved by Council prior to the erection or display of any such signs.

Reason: Statutory requirement.

72. Noise

All noise attenuation measures including building construction, barriers and fencing as recommended by for noise attenuation purposes shall remain suitably maintained and intact.

Reason: To protect residential amenity.

73. Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding properties.

74. Noise control - plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason: To protect the amenity of surrounding residents.

75. Loading and unloading

At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.

Reason: To ensure safe traffic movement.

76. Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason: To ensure safe traffic movement.

77. Hours of operation

At all times, the hours of operation are to be restricted to:

a. Monday to Friday (inclusive) - 7:00am - 6:00pm

b. Saturday - Closed

c. Sunday and public holidays - Closed

Reason: To protect the amenity of the area.

78. Annual fire safety statement

Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.

Reason: To ensure statutory maintenance of essential fire safety measures.

INTEGRATED REFERRAL CONDITIONS:

79. Integrated referral conditions - NSW Rural Fire Services

Asset protection zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

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

Water and utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

2. Water, electricity and gas services shall comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

Evacuation and emergency management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

3. A Bush Fire Emergency Management and Evacuation Plan shall be prepared consistent with 'Development Planning- A Guide to Developing a Bush Fire Emergency Management and Evacuation Plan December 2014'.

Design and construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

4. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas - 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

Landscaping

5. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

Reason: Bushfire safety.

Ku-ring-gai Independent Hearing and Assessment Panel Meeting - 19 March 2018	GB.1 / 3

Item GB.1	DA0286/17
	2 March 2018

Application No:	DA0286/17
ADDRESS:	83-85 Eton Road, Lindfield
Ward:	Roseville
description of proposal:	Re-subdivision of exiting allotments plus alterations and additions to convert existing single dwelling into two attached houses
Applicant:	The Site Foreman (NSW) Pty Ltd
Owner:	Mr P T Hawkes, Mrs A J G Hawkes, Ms P R Hawkes and Mr R C Maclean
Date Lodged:	18 July 2017
submissions:	2 submissions received
assessment officer:	Stuart Ratcliff
Recommendation:	Approval

Attachments:	A1 ⇩	Assessment Report	2018/069473
	A2 ⇩	Location sketch	2018/060148
	A3 ⇩	Zoning Map	2018/060151
	A4 ⇩	Architectural plans	2018/060134
	A5 ⇩	Clause 4.6 objection	2018/060168

Ku-ring-gai Independent Hearing and Assessment Panel Meeting - 19 March 2018	GB.2 / 103

Item GB.2	DA0481/16
	2 March 2018

Application No:	DA0481/16
ADDRESS:	11-17 Gladstone Parade, Lindfield
Ward:	Roseville
description of proposal:	Demolition of existing structures and construction of a multi-dwelling development comprising of 21 townhouses, basement parking and landscaping works
Applicant:	Mackenzie Architects International
Owner:
Date Lodged:	9 October 2016
submissions:	85 submissions received to original proposal 3 submissions received to the amended proposal
assessment officer:	Stuart Ratcliff
Recommendation:	Approval

Report title:	83-85 ETON ROAD, LINDFIELD - RE-SUBDIVISION OF EXISTING ALLOTMENTS PLUS ALTERATIONS TO CONVERT EXISTING SINGLE DWELLING INTO TWO ATTACHED HOUSES
ITEM/AGENDA NO:	GB.1

Report title:	11-17 GLADSTONE PARADE, LINDFIELD - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT COMPRISING 21 TOWNHOUSES, BASEMENT PARKING AND LANDSCAPING WORKS
ITEM/AGENDA NO:	GB.2

Attachments:	A1⇩	Assessment Report	2018/069491
	A2⇩	Location sketch	2018/063785
	A3⇩	Zoning extract - KLEP2015	2018/062188
	A4⇩	Zoning extract - KLEP (Local Centres) 2012	2018/062193
	A5⇩	Architectural plans	2018/061718

Ku-ring-gai Independent Hearing and Assessment Panel Meeting - 19 March 2018	GB.3 / 194

Item GB.3	DA0357/17
	5 March 2018

Report title:	23-37 Lindfield Avenue Lindfield - strata title subdivision of mixed use building to create 140 lots for development approved under part 3A of the Environmental Planning & Assessment Act 1979 (MP08_244)
ITEM/AGENDA NO:	GB.3

Ku-ring-gai Independent Hearing and Assessment Panel Meeting - 19 March 2018	GB.4 / 241

Item GB.4	DA0270/17
	5 March 2018

Report title:	172 -176 The Comenarra Parkway Wahroonga - Demolish existing structures and construct a 127 place child care centre with basement parking
ITEM/AGENDA NO:	GB.4

Attachments:	A1⇩	Assessment Report - 172-176 The Comenarra Parkway Wahroonga	2018/061461
	A2⇩	Zoning Map	2018/063873
	A3⇩	Locality Sketch	2018/063881
	A4⇩	Survey Plan - 172 - 176 The Comenarra Parkway Wahroonga	2017/187679
	A5⇩	Architechtural Plans - 172 - 176 The Comenarra Parkway Wahroonga	2018/064508
	A6 ⇩	Landscape Plans - 172 - 176 The Comenarra Parkway Wahroonga	2018/064541