Present:

Chairperson (Justice Angus Talbot)

Expert Panel Member (Gerard Turrisi)

Expert Panel Member (Sandra Robinson)

Community Member (Frank Ko)

Staff Present:

Director Development & Regulation (Michael Miocic)

Development & Assessment Services Manager (Corrie Swanepoel)

Manager Records and Governance – (Amber Moloney)

Team Leader – Development Assessment (Richard Kinninmont)

Team Leader – Development Assessment (Selwyn Segal)

Senior Development Assessment Officer (Luke Marquet)

Senior Development Assessment Officer (Stuart Ratcliff)

Executive Assessment Officer (Kimberley Kavwenje)

Team Leader – Development Assessment (Shaun Garland)

Development Engineer – (Ross Guerrera)

Landscape Assessment Officer - (Tempe Beaven)

Urban Design Consultant - (Kerry Hunter)

Minutes Secretary (Christine Dunand and Dawn Taylor)

IHAP01

83-85 ETON ROAD, LINDFIELD - RE-SUBDIVISION OF EXISTING ALLOTMENTS PLUS ALTERATIONS TO CONVERT EXISTING SINGLE DWELLING INTO TWO ATTACHED HOUSES

File: DA0286/17

Vide: GB.1

Re-subdivision of exiting allotments plus alterations and additions to convert existing single dwelling into two attached houses

The Panel Advised:

A.      The application was refused

B.    The date of refusal: 19 March 2018

C.    The Reasons for the decision: The panel was not satisfied that the development was permissible with consent.

IHAP02

11-17 GLADSTONE PARADE, LINDFIELD - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT COMPRISING 21 TOWNHOUSES, BASEMENT PARKING AND LANDSCAPING WORKS

File: DA0481/16

Vide: GB.2

Demolition of existing structures and construction of a multi-dwelling development comprising of 21 townhouses, basement parking and landscaping works

The Panel Advised:

A.        THAT the Ku-ring-gai Independent Hearing and Assessment Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred development consent to DA0481/16 for the  demolition of existing structures and construct a multi-dwelling development comprising of 21 townhouses, basement parking and landscaping works on land at 11-17 Gladstone Parade, Lindfield. Pursuant to Section 95 of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two (2) years from the date on which the consent becomes operable.

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

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

Drainage easement (deferred commencement)

The applicant shall submit documentary evidence to Council 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 demonstrated condition in Schedule A has been satisfied, the following conditions will apply:

Schedule B – Conditions of development consent

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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.    Dilapidation survey and report (public infrastructure)

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

Public infrastructure

·   Full road pavement width, including kerb and gutter, of Gladstone Parade over the site frontage.

·   All driveway crossings and laybacks opposite the subject site.

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

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

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

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

7.    Archival recording of buildings

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

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

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

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

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

8.    Dilapidation survey and report (private property)

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

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

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

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

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

9.    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. 

For safety and amenity, no construction vehicle movements are to occur in Gladstone Parade during school drop-off (8.00am to 9.30am) and pick up (2.30pm to 4.00pm) times on school days.

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.

9a.     Required amendments

The fire stairs located along the northern boundary opposite car spaces 10, 11 and one on basement level 2, shall be made available for general circulation.

A sign shall be provided requiring motorists to stop before crossing the footpath when leaving the property.

Reason:     For pedestrian safety and improved site accessibility.

10. Work zone

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

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

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

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

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

11. Temporary construction exit

A temporary construction exit, together with necessary associated temporary fencing, shall be provided prior to commencement of any work on the site and shall be maintained throughout the duration and progress of construction.

Reason:       To reduce or eliminate the transport of sediment from the construction site onto public roads.

12. Sediment controls

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

The form of the sediment controls to be installed on the site shall be determined by reference to the 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.

13. Marking of trees to be removed

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

Removal of Trees 74-77 is not permitted however as written permission from the owner has not been received.

Reason:     To protect existing trees during the construction phase.

14. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off and ground protection installed as per the approved Tree Protection Plan, Arboricultural Impact Appraisal prepared by Naturally Trees and dated 25 August 2016 and as amended to provide tree protection fencing to Trees 60, 61 and 62 along the line of the approved private courtyards, to prevent any activities, storage or the disposal of materials within the fenced area.  The fencing shall be maintained intact until the completion of all demolition/building work on site.

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres spacings and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing. Ground protection shall be in accordance with AS4970-2009 Protection of trees on development sites.

Reason : To protect existing trees during construction phase

15. Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:       To protect existing trees during the construction phase.

16.  Tree fencing inspection

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

Reason:       To protect existing trees during the construction phase.

17. Construction waste management plan

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

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

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

Reason:       To ensure appropriate management of construction waste.

18. Noise and vibration management plan

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

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

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

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

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

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

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

·      noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

19.Privacy

Prior to the issue of the Construction Certificate, the following privacy measures are to be implemented:

-      Privacy screening to a minimum height of 1.6m above finished floor level is to be provided along the western side elevation of the rear private open space of Townhouse 21. The privacy screen is not to have any opening more than 30mm wide and the total area of all openings that is to be no more than 30% of the surface area of the screen.

-      The west facing window of the living room of Townhouse 21 is to be of opaque glazing and is to be fixed so that it may not be opened.

These amendments are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason:       To retain privacy amenity to the adjacent property.

20. Concurrence condition (Sydney Trains)

All excavation and construction works are to be undertaken in accordance with the details, methodology, advice, undertakings and recommendations detailed in the following documents:

i)     Excavation and footing plan and details prepared by Green view Consulting numbered as follows:

• 160423 S05 1 dated 28 April 2017

• 160423 S06 1 dated 28 April 2017

• 160423 S07 1 dated 28 April 2017

ii)    Report on 'Interaction with RailCorp Property" by Greenview Consulting dated 2 May 2017

ii)    Geotechnical Investigation prepared by Geotechnique Pty Ltd dated 2 May 2016.

The Principal Certifying Authority is not to issue the Construction Certificate until the measures detailed in the documents approved/certified by Sydney Trains under this Condition are incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

Final Work Method Statement and Risk Analysis Plan shall be submitted to Sydney Trains for approval prior to the issue of a Construction Certificate.

If required, a tunnel monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising of the need to undertake the tunnel monitoring plan, and if required, that it has been endorsed.

Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations including loading details for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Maintenance Interface Group to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Maintenance Interface Group to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issuing of a Construction Certificate.

All relevant requirements under the standard T HR Cl 12051 ST 'Development near Rail Tunnels' shall be complied with. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that compliance with this condition has been achieved or can be achieved and that Sydney Trains is satisfied.

Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

No rock anchors/bolts are to be installed into Sydney Trains property or easements.

Reason:       To protect the railway infrastructure below the site.

21. Concurrence condition (Sydney Trains)

The following items are to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate:

•     Machinery to be used during excavation/construction

•     Construction, Excavation and Demolition plan listing the vibration generating equipment, anticipated levels of vibration and proposed method of monitoring

The Principal Certifying Authority is not to issue the Construction Certificate until it has received written confirmation from Sydney Trains that this condition has been complied with.

Reason:       To protect the railway infrastructure below the site.

22. 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:

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

1.         The landscape plans are to be amended to be in accordance with the architectural and stormwater plans and relevant conditions.

2.         The Hard Landscape Plan is to be amended to show existing trees to be retained / removed at correct scale and location.

3.         Planters over basement are to provide sufficient soil volumes in accordance with Part    23.5 KDCP.

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

Note:  An amended landscape plan shall be submitted to the Certifying Authority.

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

23. 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.

24. 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.

25. Access for people with disabilities (residential)

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

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

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

26. Excavation for services

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

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

Reason:       To ensure the protection of trees.

27. Noise from plant in residential zone

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

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

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

28. Location of plant (residential flat buildings)

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

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

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

29. 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.

30. Driveway grades - basement carparks

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

·      vehicular access can be obtained using grades of 25% (1 in 4) maximum and

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

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

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

31. Car parking allocation

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

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

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

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

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

32. 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.

33. 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.

34. 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.

35. Consolidation of lots

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

36. Infrastructure damage security bond and inspection fee

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

(a)             All work or activity undertaken pursuant to this development consent must be undertaken in a manner to avoid damage to Council property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

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

(c)             The Infrastructure damage security bond and infrastructure inspection fee must be paid to Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

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

(e)             In this condition:

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

“Infrastructure damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council property associated with this condition.

Reason:       To maintain public infrastructure.

37. Section 94 development contributions - other than identified centres

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

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

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

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

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

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

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

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

38. 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.

39. 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.

40. Hours of work

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

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

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

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

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

41. 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.

42. 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.

43. Construction noise

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

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

44. 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.

45. 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.

46. Post-construction dilapidation report

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

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

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

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

Reason:       Management of records.

47. 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 dated 2 May 2016 prepared by Geotechnique Pty Ltd. 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.

48. 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.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. Maintenance period for works in public road

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

Reason:       To protect public infrastructure.

55. 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.

56. 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.

57. 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.

58. Sydney Water Section 73 Compliance Certificate

The applicant must apply for a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant should refer to Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

Reason:       Statutory requirement.

59. Project arborist

A suitably qualified project arborist (AQF level 5) is to be engaged to advise the Principal Certifying Authority on the protection of trees at the site and to supervise the installation and maintenance of tree protection measures required by this consent.

Prior to the commencement of any works including demolition on the site in areas required to be protected by this consent, the project arborist shall inspect the site and satisfy himself/herself that the protection measures  are in accordance with the approved design and must provide a written certification to the Principal Certifying Authority to that effect.

If not satisfied, the project arborist must provide to the Principal Certifying Authority a list of works that are to be completed to ensure compliance with all conditions of consent relating to the protection of trees at the site. Those works must be undertaken to the satisfaction of the project arborist.

Reason: To ensure protection of existing trees 

60. Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and Arboricultural Impact Appraisal prepared by Naturally Trees and dated 12 May 2017 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed. 

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

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

Reason:       To ensure protection of existing trees.

61. Disposal of seepage and stormwater

Any seepage or rainwater collected on-site during construction shall not be pumped to the street stormwater system unless separate prior approval is given in writing by Council’s Environmental Health Officer.

Reason:       To protect the environment.

62. Trees on nature strip

Removal of the following tree/s from Council's nature strip shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $10,000,000:

Reason:       To ensure protection of existing trees.

63. Canopy/root pruning

Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:       To protect the environment.

64. 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.

65. Hand excavation

All excavation except for the basement and driveway within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Reason:       To protect existing trees.

66. 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.

67. 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.

68. Canopy replenishment trees to be planted

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

Reason:       To maintain the treed character of the area.

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

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

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

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

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

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

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

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

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

70. 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:

71. Easement for waste collection

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

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

72. Concurrence condition (Sydney Trains)

Prior to the commencement of works, prior to the issue of an Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed.

Prior to the issue of an Occupation Certificate the Applicant is to submit asbuilt drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities. The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

Reason:       To protect the railway infrastructure below the site.

73. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 763596M have been complied with.

Reason:       Statutory requirement.

74. Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the townhouses either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason:       To provide access to clothes drying facilities.

75. 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.

76. Completion of tree works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all tree works, including pruning in accordance with AS4373-2007 or remediation works in accordance with AS4370-2009, have been undertaken in accordance with the approved plan(s) and conditions of consent.

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

77. 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.

78. 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 Ku-ring-gai DCP Volume C Part 24R.8). 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.

79. 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 BASIX and Ku-ring-gai DCP Volume C Part 24C.5 respectively, have been achieved

·        retained water is connected and available for use

·        basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Ku-ring-gai DCP Volume C Part 24R.6

·        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.

80. 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.

81. Basement pump-out maintenance

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

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

Reason:       To protect the environment.

82. 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 Ku-ring-gai DCP Volume C Part 24R.8). 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.

83. Easement drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note:       At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

·        details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

·        a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the  surveyor that all drainage structures are wholly contained within existing drainage easement(s)

Reason:       To protect the environment.

84. Sydney Water Section 73 Compliance Certificate

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

Reason:       Statutory requirement.

85. Certification of as-constructed driveway/carpark

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

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

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

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

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

·        the vehicular headroom requirements of:

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

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

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

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

86. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, 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.

87. Infrastructure repair

Prior to issue of the Occupation Certificate, 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 Development Engineer and at no cost to Council.

Reason:       To protect public infrastructure.

88. 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:

89. 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.

90. Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building.  These requirements are to be enforced through the following:

·        restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919

·        restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason:       To ensure adequate provision of visitor parking spaces.

91. 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.

92. 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.

B     Adopted, and the deferred commencement term is also adopted in relation to the drainage easement, and the conditions shall be amended as above and as they appear in the report.

C.  The date of the decision: 19 March 2018

D.   The Reasons for the decision: additional condition 9a for pedestrian safety and improved site accessibility.

E.   How community views were taken into account in making the decision: The community views were taken into account particularly in relation to the significant number of children in the vicinity of the development.

IHAP03

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)

File: DA0357/17

Vide: GB.3

Strata title subdivision of mixed use building to create 140 lots for development

The Panel Advised:

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:

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 or Interim 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.

C.     Adopted.

D.     The date of the decision: 19 March 2018.

E.     The reasons for the decision: subject to condition 7 to read ‘Final or Interim Occupation Certificate.

IHAP04

172 -176 The Comenarra Parkway Wahroonga - Demolish existing structures and construct a 127 place child care centre with basement parking

File: DA0270/17

Vide: GB.4

Demolition of existing structures and construction of a 127 place child care with basement parking.

The Panel Advised:

A.      The Panel decision is deferred to enable the following to occur:

i.        Referral to RMS to determine if a median or other traffic control device can be installed to prevent right hand turn off The Comenarra Parkway.

ii.      Referral to Ausgrid to determine whether a driveway can be located in accordance with the plans in Fox Valley Road.

iii.    The applicant to provide plans for the driveway in Fox Valley Road taking into account the ultimate position of the substation nominated by Ausgrid.

iv.     Referral to RFS to assess the traffic impact of a child care centre on this site on the general evacuation of the area in the event of a bushfire.

B.     The date of the decision: 19 March 2018

C.    The reasons for the decision: to review additional information to enable the panel to make a decision.

D.    How community views were taken into account in making the decision: the community’s views were taken into account, particularly in relation to the traffic flow.

Ku-ring-gai Independent Hearing and Assessment Panel Meeting - 9 April 2018

GB.1 / 46

Item GB.1

DA0528/17

20 March 2018

Report title:

51 Carnarvon Road, Roseville - Alterations and Additions to existing dwelling

ITEM/AGENDA NO:

GB.1

Application No:

DA0528/17

ADDRESS:

51 Carnarvon Road, Roseville

Ward:

Roseville

description of proposal:

Alterations and additions to existing dwelling

Applicant:

Sanctum Design Consultants

Owner:

Mr C Roberts & Mrs JD Roberts

Date Lodged:

15 November 2017

submissions:

No submissions received

assessment officer:

Janice Buteux-Wheeler

Recommendation:

Approval

ihap referral criterion:

Proposed variation to a development standard in excess of 10%

RECOMMENDATION

A.    THAT the Ku-ring-gai Independent Hearing and Assessment Panel, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP 2015 to vary the Height of Buildings development standard of Clause 4.3 of the KLEP2015 and the FSR development standard of Clause 4.4 of the KLEP2015 have met the requirements of clause 4.6(4). 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.

AND

B.    THAT the Ku-ring-gai Independent Hearing and Assessment Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0528/17 for alterations and additions to an existing dwelling and new swimming pool on land at 51 Carnarvon Road, Roseville, subject to conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act, 1979, the consent will lapse if the approved works are not physically commenced within two years of the date of the Notice of Determination.

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (alterations and additions)

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

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

2.     Inconsistency between documents

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

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

3.     No demolition of extra fabric

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

Reason:         To ensure compliance with the development consent.

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

4.     Asbestos works

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

Reason:         To ensure public safety.

5.     Notice of commencement

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

Reason:         Statutory requirement.

6.     Notification of builder’s details

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

Reason:         Statutory requirement.

7.     Structural adequacy (alterations and additions)

Prior to commencement of any development or excavation works, the Principal Certifying Authority shall be satisfied that that those components of the building to be retained and/or altered will be structurally sound and able to withstand the excavation and demolition process.

C1.   Note:    Evidence from a qualified practising structural engineer, demonstrating compliance with the above and detailing, where relevant, means of support for those parts of the retained building shall be provided to the Principal Certifying Authority.

Reason:         To ensure that the development can be undertaken in accordance with accepted construction practices as indicated on the endorsed development plans, without the need for modification of the consent.

8.     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.

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

9.     Privacy

To ensure that privacy and visual amenity is maintained to the adjoining property at 49 Carnarvon Road, the following measure(s) shall be implemented:

·           A fixed privacy screen shall be installed along the entire length of the western end of the pool deck. The privacy screen shall have a height of 1.6 metres above the finished floor (deck) level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking.

Reason:         To maintain neighbour amenity.

10.   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.

11.   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.

12.   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.

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

13.   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.

14.     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, $6,985.00 based on development costs of $698,500.00, 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:

15.   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.

16.   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.

17.   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.

18.   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.

19.   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.

20.   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.

21.   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.

22.   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.

23.   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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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:

30.   Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. A298805 have been complied with.

Reason:         Statutory requirement.

31.   Swimming pool (part 1)

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

1.       Access to the pool/spa shall be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act, 1992:

(a)      The pool shall not be filled with water or be allowed to collect stormwater until the child resistant barrier is installed; and

(b)      The barrier is to conform to the requirements of AS 1926-1 2012 Fences and Gates for Private Swimming Pools.

Reason:         To ensure the safety of children.

2.       Any mechanical equipment, such as motor enclosure, filters and pumps associated with any swimming pool and/or spa pool shall be located in a sound-proofed enclosure. The Principal Certifying Authority shall be satisfied that the sound levels associated with the swimming pool/spa filtration system and associated mechanical equipment do not exceed 5dB(A) above the background noise level when measured at any residential property boundary.

Reason:         To protect the amenity of surrounding properties.

3.       The pool/spa shall be registered on the NSW Swimming Pool Register in accordance with the Swimming Pools Act 1992 (www.swimmingpoolregister.nsw.gov.au <http://www.swimmingpoolregister.nsw.gov.au>).

Reason:         Legislative requirement.

Conditions to be satisfied at all times:

32.   Swimming pool (part 2)

At all times:

1.         Access to the swimming pool must be restricted by fencing or other measures as required by the Swimming Pools Act 1992.

2.         Noise levels associated with spa/pool pumping units shall not exceed 5dB(A) above the background noise level at the boundaries of the site.

3.         Devices or structures used for heating swimming pool water must not be placed where they are visible from a public place.

4.         For the purpose of health and amenity, the disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or storm water drainage system is prohibited. These waters are to discharge via a permanent drainage line into Sydney Water's sewer in accordance with Australian Standard AS3500.2 section 10.9. Permission is to be obtained from Sydney Water prior to the emptying of any pool to the sewer.

5.         Lighting from the swimming pool and other communal facilities shall not detrimentally impact the amenity of other premises and adjacent dwellings.

Reason:         Health and amenity.

INTEGRATED REFERRAL CONDITIONS:

33.   Rural Fire Service

Asset protection zones

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'.

Reason:       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.

Water and utilities

2.       New water, electricity and gas services shall comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

3.       A static water supply (SWS) marker shall be obtained and positioned for ease of identification by brigade personnel and other users of the SWS (proposed swimming pool). In this regard:

a)       Markers must be fixed in a suitable location so as to be highly visible; and

b)       Markers should be positioned adjacent to the most appropriate access for the static water supply.

4.       A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply. A 19mm (internal diameter) fire hose capable of reaching all parts of the building shall be connected to the pump.

Reason:         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.

Design and construction

5.       New construction shall comply with Sections 3 and 8 (BAL 40) 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'.

6.       Existing doors and windows on all elevations of the existing dwelling shall be constructed or upgraded to comply with Sections 3 and 8 (BAL 40) 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'.

7.       New works associated with the proposed swimming pool and deck on the south eastern elevation of the existing dwelling shall be constructed using non-combustible materials.

Reason:         That buildings are designed and constructed to withstand the potential impacts of bush fire attack.

Landscaping

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

Reason:         Adequate bushfire protection.

Boundary fencing

9.       Any new boundary fences shall at the property shall be constructed using non-combustible materials. No brushwood fencing shall be used.

Reason:         Adequate bushfire protection.

Access

10.     Unobstructed pedestrian access shall be provided to the rear of the property to aid in fire-fighting activities.

Reason:         Adequate bushfire protection.

Building upgrade

11.     The downgrading of bush fire attack level (BAL) from BAL flame zone (FZ) to BAL 40 is based on the performance based solution recommended in the bush fire report prepared by Building Code & Bushfire Hazard Solutions Pty Limited dated 08 November 2017 with due consideration to the proposed upgrades to the existing dwelling. The building upgrades recommended in the bush fire report shall be completed prior to the release of the Occupation Certificate.

Reason:         Adequate bushfire protection.

* * * end of conditions * * *

C.     The date of the decision: <date>

D.    The reasons for the decision: <reasons>

E.     How community views were taken into account in making the decision: <community views>

Janice Buteux-Wheeler

Executive Assessment Officer

Selwyn Segall

Team Leader - Development Assessment South

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:

A1⇩

Assessment report

2018/079457

A2⇩

Location sketch

2018/081025

A3⇩

Zoning map

2018/081023

A4⇩

Architectural plans

2018/081145

A5⇩

Aerial photograph

2018/079066

A6⇩

Bush fire risk map

2018/079089

A7⇩

Biodiversity map

2018/079056

A8⇩

Vegetation map

2018/079085

A9⇩

Riparian map

2018/079061

A10⇩

Clause 4.6

2018/080006

A11⇩

Bush fire report

2017/323145

APPENDIX No: 1 - Assessment report

Item No: GB.1

APPENDIX No: 2 - Location sketch

Item No: GB.1

APPENDIX No: 3 - Zoning map

Item No: GB.1

APPENDIX No: 4 - Architectural plans

Item No: GB.1

APPENDIX No: 5 - Aerial photograph

Item No: GB.1

APPENDIX No: 6 - Bush fire risk map

Item No: GB.1

APPENDIX No: 7 - Biodiversity map

Item No: GB.1

APPENDIX No: 8 - Vegetation map

Item No: GB.1

APPENDIX No: 9 - Riparian map

Item No: GB.1

APPENDIX No: 10 - Clause 4.6

Item No: GB.1

APPENDIX No: 11 - Bush fire report

Item No: GB.1