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

Minute Ku-ring-gai Council Page

MINUTES OF Ku-ring-gai Independent Hearing and Assessment Panel Meeting
HELD ON Monday, 21 May 2018

Present:	Chairperson (Kevin G Hoffman) Expert Panel Member (Tony Blue) Expert Panel Member (James Colman) Community Member (Elaine Malicki)

Staff Present:	Director Development & Regulation (Michael Miocic) Development & Assessment Services Manager (Corrie Swanepoel) Minutes Secretary (Dawn Taylor) IHAP Administration Officer (Kerry Frair)

Others Present:	Executive Assessment Officer (Adam Richardson) Team Leader – Development Assessment (Selwyn Segal) Senior Development Assessment Officer (Belinda Newell) Senior Development Assessment Officer (Luke Marquet) Executive Assessment Officer (Jonathan Goodwill) Development Assessment Officer (Bonnie Yue) Engineering Team Leader (Brian O’Connell)

The Meeting commenced at 12:30 pm

DECLARATIONS OF INTEREST

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

Community Panel Member Elaine Malicki declared a non-pecuniary conflict of interest in item GB.4 - 3 Gilda Avenue Wahroonga– Alterations and additions to a Heritage Item in a heritage conservation area as Ms Malicki has previously worked with the applicants husband for many years as a Councillor on a development behind his property and knows him reasonable well, although not socially and will leave the chamber during the debate.

Addresses to the Panel

The following members of the public addressed the Panel on the agenda items:

GB.1 2 and 2A Woodville Avenue, Wahroonga - Demolition of existing structures and construction of a residential flat building comprising 21 units, basement car park and associated site works

Roger Johnson

GB.3 2 Water Street and 25B Cleveland Street Wahroonga - Internal Alterations and additions to a heritage Item in a heritage conservation area

Chris Young

Geoffrey Dean

GB.5 844-846 Pacific Highway, Gordon - Section 82A Review - Shop Top Housing Development

Anthony El-Hazouri

Katharina Koschitz

Raymond Ng

GB.6 405-407 Mona Vale Road St Ives NSW 2075 -Demolish existing structures and construct six dwellings under SEPP (Housing for Seniors and Persons with a Disability) 2004, basement parking and associated works.

Ian Glendenning

GB.8 12 Beaconsfield Parade Lindfield NSW 2070 - Demolish existing structures and construct multi dwelling housing comprising 13 town-houses with basement parking.

Dugald Mackenzie

George Lo

IHAP07

2 Water Street and 25B Cleveland Street Wahroonga - Internal Alterations and additions to a heritage Item in a heritage conservation area

File: DA0181/17

Vide: GB.3

Internal alterations and additions to a heritage item in a heritage conservation area

The Panel Advised:

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

A. 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 floor space ratio development standard of Clause 4.1(3A) of the KLEP2015 has 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, has considered the reports and objections and visited the site. In regard to the objection from the neighbour to noise, the panel considered the acoustic report, and imposes conditions to ameliorate any impact on the neighbour. Being satisfied that the proposed development will be in the public interest, the panel grants development consent to DA0181/17 for internal alterations and additions on land at 25B Cleveland Street and 2 Water Street, Wahroonga, subject to the attached 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 this 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.

Plan no.	Drawn by	Dated
16383-SK100-A, site plan	NBRS Architecture	5 May 2017
16383-SK-101-B, proposed ground floor	NBRS Architecture	19 September 2017
16383-SK-102-B, proposed Level 01 Plan	NBRS Architecture	19 September 2017
16383-SK-103-A, lower floor plan	NBRS Architecture	19 September 2017
16383-SK200-A, elevation	NBRS Architecture	5 May 2017
16383-SK300-B, sections	NBRS Architecture	19 September 2017
16383-SK201-A, north elevation	NBRS Architecture	26 February 2018

Document(s)	Dated
Access Review	18 September 2017
Noise Impact Assessment	7 December 2017

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

2. Inconsistency between documents

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

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

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. 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.

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

9. Lot consolidation

Prior to the issue of the Construction certificate, the applicant must consolidate the existing Torrens Title lots (Lot B DP 339202 and Lot A DP 339202) which will form the development site. Evidence of lot consolidation in the form of a plan registered with Department of Lands, must be submitted to the Principal Certifying Authority.

Reason: To ensure continuous structures will not be placed across boundaries

10. Heritage conservation

Minimal damage is to occur to the existing fabric of the place of public worship during any fire safety, acoustic or access upgrade works required as part of this application. A schedule of works and a statement of impact certified by a Heritage Architect and to the satisfaction of Council’s Heritage Advisor is to be provided outlining the upgrade works and the impacts on the place of public worship.

Reason: To ensure no unreasonable impact on the heritage significance of the item.

11. 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.

12. 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.

13. Noise from plant in residential zone – mechanical equipment

Prior to the issue of the Construction Certificate an acoustic design report shall be prepared by an appropriately qualified acoustic consultant identifying all mechanical ventilation equipment and other noise generating plant including, but not limited to air conditioners, bathroom/toilet exhaust and lifts proposed as part of the development. The report shall provide acoustic design detailing and recommendations to address any potential noise impacts from mechanical equipment to ensure 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 (LA90, 15 min) level during the day and shall not shall not exceed the background level at night (10.00pm - 7.00am) when measured at the boundary of the nearest potentially affected residential occupancies. The background (LA90, 15 min) level is to be determined without the source noise present.

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

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

14. 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.

15. 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, $6826.91 based on development costs of $682,691, 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:

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. Drainage to existing system

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

Reason: To protect the environment.

33. 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.

34. 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.

35. 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:

36. Plan of management

A Plan of Management must be prepared to address all operational and management procedures to be employed, to ensure that the operation of the place of worship can occur without disturbance to the surrounding locality.

The plan must include but not be limited to:

· Compliance with all other operational conditions of this consent;

· Details of hours of operation, including ceremonies or events which will occur outside of the normal operating hours

· Number of staff

· Identification of emergency locations, restricted areas, storage areas, delivery areas, evacuation areas, directional signage etc.

The plan must be submitted to Council prior to the issue of the occupation certificate.

The plan of management is to be reviewed initially after twelve months by Council and amended to address any concern raised during this period. The plan of management can be updated and reviewed after this period to address any change in management of the site and submitted to Council for their records.

Reason: To ensure the use operates without disturbance to the surrounding locality.

37. Mechanical noise control - residential area

Prior to the issue of the Occupation Certificate the Principal Certifying Authority shall be satisfied the mechanical ventilation systems and other plant, including but not limited to air conditioners, bathroom/toilet exhaust and lifts when in operation either as an individual piece of equipment or in combination with other equipment will not exceed more than 5dB(A) above the background noise (LA90, 15 min) level during the day and shall not exceed the background level at night (10.00pm - 7.00am) when measured at the boundary of the nearest potentially affected residential occupancies. Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority.

Reason: To protect the amenity of the occupants and neighbouring residents.

38. Acoustic control measures - glazing

Prior to the issue of the occupation certificate, the Principal Certifying Authority shall be satisfied of the following:

1. All new external windows are constructed using minimum 10.38mm laminated glass with perimeter acoustic seals as specified in Part 9 of Noise Impact Assessment Report Ref 20171299.1/1809A/R1/BW dated 7 December 2017 prepared by Acoustic Logic.

2. All new internal glazing is provided in accordance with the recommended glazing construction specified in Part 6.1 of Noise Impact Assessment Report Ref 20171299.1/1809A/R1/BW dated 7 December 2017 prepared by Acoustic Logic.

Written confirmation from an acoustic engineer that the acoustic glazing has been installed as specified in the Noise Impact Assessment Report is to be submitted to the Principal Certifying Authority.

Reason: To protect the amenity of the occupants and neighbouring residents.

39. Acoustic control measures - amplified equipment

Prior to the issue of the occupation certificate, the Principal Certifying Authority shall be satisfied that any sound system/s installed in the hall are fitted with a sound limiter to achieve a noise level of not greater than 85dB(A) at a distance of 2m from the speaker. All speakers are to be fixed within the building and installed so that they are not orientated toward doors opening to the external environment. Written confirmation from an acoustic engineer that the above noise level requirements have been achieved is to be submitted to the Principal Certifying Authority.

Reason: To protect the amenity of the occupants and neighbouring residents.

40. Mechanical ventilation

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

• The Building Code of Australia

• Australian Standard AS1668

• Australian Standard AS3666 where applicable

Reason: To protect the amenity of occupants.

41. Infrastructure repair

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

Reason: To protect public infrastructure.

42. 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:

43. Noise Control - amplified equipment

All sound system/s used in the hall are to be sound limited to achieve a noise level of not greater than 85dB(A) at a distance of 2m from the speaker. All speakers are to be fixed within the building and installed so that they are not orientated toward doors opening to the external environment. All windows and doors to the hall are to be kept closed during use involving the operation of amplified equipment.

Reason: To protect the amenity of the occupants and neighbouring residents.

44. Noise control - plant and machinery

All noise generating equipment associated with mechanical ventilation systems, plant and machinery including but not limited to air conditioners, bathroom/toilet exhaust, and lifts shall be located and/or soundproofed so the equipment when in operation either as an individual piece of equipment or in combination with other equipment shall not exceed more than 5dB(A) above the background noise (LA90, 15 min) level during the day and not exceed the background level at night (10.00pm - 7.00am) when measured at the boundary, balcony or external living area of the nearest potentially affected residential occupancies. The background (LA90, 15 min) level is to be determined without the source noise present.

Reason: To protect the amenity of surrounding residents and occupants of the development.

C. The date of the decision: 21 May 2018.

D. The reasons for the decision: As per the Council Officer’s report.

E. How community views were taken into account in making the decision: The panel considered the submission by the neighbouring property at 14 Cleveland Street, Wahroonga and was satisfied that the concerns specified were satisfactorily addressed by the acoustic report and the related conditions of consent recommended in the Council Officer’s report.

Community Panel Member Malicki withdrew during discussion

IHAP08

3 Gilda Avenue Wahroonga - Alterations and additions to a Heritage item in a heritage conservation area

File: DA0007/18

Vide: GB.4

To determine Development Application No.DA0007/18 for alterations and additions to a heritage item in a heritage conservation area.

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, has considered the reports and visited the site and being satisfied that the proposed development will be in the public interest, grant development consent to DA0007/18 for alterations and additions on land at 3 Gilda Street, Wahroonga, subject to conditions as attached hereto . 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)

Plan no.	Drawn by	Dated
DA01, revision A, detail survey plan	Trehy Ingold Neate Land Development	10 February 2017
DA01, site analysis plan	Architelle Architecture and Interiors	21 December 2017
DA-02, site plan/roof plan	Architelle Architecture and Interiors	21 December 2017
DA-03, ground floor plan	Architelle Architecture and Interiors	21 December 2017
DA-04, east and south elevations	Architelle Architecture and Interiors	21 December 2017
DA-05, north and west elevations	Architelle Architecture and Interiors	21 December 2017
DA-06, section A	Architelle Architecture and Interiors	21 December 2017

Document(s)	Dated
Colours and finishes schedule	16 December 2017
Basix certificate No. A303371	21 December 2017

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

2. Inconsistency between documents

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

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

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

Reason: To ensure public safety

5. Notice of commencement

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 license number of the owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

7. Archival recording of buildings (heritage items)

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 completed and submitted to Council’s Heritage Advisor for the following properties:

Address:

· 3 Gilda Avenue, Wahroonga

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

· title page

· statement of reasons the recording was made

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

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

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

· location plan showing relationship of site to nearby area

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

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

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

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

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

· colour slides (one set)

· colour photographs (one copy with negatives)

Digital images and CDs may be submitted as supplementary information.

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

· each elevation

· each interior room

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

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

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

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

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

8. Structural adequacy (alterations and additions)

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 5 Gilda Avenue the following measure shall be implemented:

· A fixed privacy screen shall be installed for the entire length of the western elevation of the new deck. The privacy screen shall have a consistent height of 1.6 metres above the finished floor level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking of 5 Gilda Avenue, Wahroonga.

Reason: To maintain neighbour amenity.

10. Long service levy

Reason: Statutory requirement.

11. Builder’s indemnity insurance

Reason: Statutory requirement.

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

12. Infrastructure damage security bond and inspection fee

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

(e) 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.

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:

Reason: To maintain public infrastructure.

13. 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, $3300.00 based on development costs of $330,000.00, shall be paid to Council to provide for additional local infrastructure improvements in accordance with the works programme listed in the s94A Contributions Plan.