Agenda of Ku-ring-gai Local Planning Panel Meeting

APPENDIX No: 1 - Development Assessment report

Item No: GB.1

development application

ASSESSMENT REPORT

REPORT TITLE:

126 Boundary Road, Wahroonga – demolition of existing dwelling and construction of a new 2 storey dwelling house with associated landscape works

Application No:	DA0403/19
Property Details:	126 Boundary Road, Wahroonga Lot 12 Sec 115 DP 253642 932.80m² R2 Low Density Residential
Ward:	WAHROONGA
Proposal/Purpose:	Demolition of existing dwelling and construction of a new 2 storey dwelling house with associated landscape works
Type of DEVELOPMENT:	Local
Applicant:	Roland Gabriel Machado C/- Douglas Design
Owner:	Doctor RG Machado, Mrs R Machado
Date Lodged:	26 September 2019
Recommendation:	Approval

Purpose of Report

To determine Development Application No DA0403/19 which proposes to demolish the existing dwelling and construct a new 2 storey dwelling house with associated landscape works.

The application is reported to the Ku-ring-gai Local Planning Panel in accordance with the Minister’s S 9.1 Local Planning Panels Direction, dated 23 February 2018, as it is considered contentious development attracting 10 or more unique submissions by way of objection.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Applications are assessed in accordance with state and local plans

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

Executive Summary

Issues:	· building envelope · privacy / overlooking · streetscape character · location and use of trees / screening · drainage / stormwater runoff · retaining walls and garden creating overlooking

Submissions:	· original notification – 5 submissions · re-notification – 5 submissions

Land and Environment Court:	N/A

Recommendation:	Approval

HISTORY

Site history:

During 1972 aerial photography of the site’s locality was carried out and on 28 February 1977, registration of the lot occurred (shown as red shading in Figure 1 below). The subject site, legally described as Lot 12 in DP 253642, is known as 126 Boundary Road, Wahroonga.

Figure 1: 1972 aerial photograph of the site and locality

Sometime between 1977 and 1984, the site was developed for its current residential use. Council’s records show that a swimming pool application (BA84/0189) was approved on 26 October 1984, however, construction dates of the current dwelling have not be able to be confirmed. Figure 2 below shows an aerial photograph dated 1988 and the establishment of the site and locality.

Figure 2: 1988 aerial photograph of the site and locality

History of further construction work was provided by owners of 128 Boundary Road shown as Figures 3, 4a and 4b. After completion of the dwelling at the site (at about 1980 as stated by the owner at 128 Boundary Road), the owner of 128 Boundary Road contends that significant earthworks were carried out, within the rear yard of the site, accommodating the swimming pool, which was approved on 26 October 1984.

The owners of 128 Boundary Road stated within their submission to Council (21 October 2019: page 3) that:

During construction of the original dwelling the site was cut and then backfilled and a substantial number of large concrete piers were installed below the dwelling, presumably to ensure stability of the proposed concrete slab. Initially the rear of the block was substantially backfilled and levelled with soil to modify the swimming pool surrounds and other entertaining areas but also in recent years this surrounding area has been further modified by the deposit of substantial amounts of soil or fill.

Photographs (Figures 4a and 4b) submitted during this DA assessment appear to be taken in late 2015, show retaining walls and drainage pipework. It is these works that the adjoining owners, particularly at 128 Boundary Road, raise as concerns (and are addressed in more detail below), which they believe should be addressed as part of the assessment of the current Development Application.

Figure 4a: early excavation along common side boundary between the subject site and 128 Boundary Road.


Figure 5a: 2015 retaining wall and drainage	Figure 5b: 2015 retaining wall and drainage

It is relevant to note that owners of 128 Boundary Road have made previous complaints. Recent site inspections undertaken by Council have identified that unauthorised earthworks have been carried out within the rear of the subject site (refer to Figure 6). In this regard, Council on 12 May 2020 issued a “Notice of Intent to Serve a Development Control Order” requiring removal of the unauthorised earthworks and retaining wall. Part of the Order is detailed below:

The circumstances of the proposed Order are as follows:

As per Column 2 of Division 9.3, Schedule 5, Part 1 of the EP&A Act:

1. An inspection conducted by Council’s officer on 6 May 2020, found the following unauthorised work on the property:

a. A timber retaining wall running parallel with the eastern boundary fence at the rear of the property.

b. The above-mentioned retaining wall is located within one (1) metre of the boundary fence.

c. The level of the land has been raised within 1 metre of the boundary fence.

Terms of the Order are:

1. Demolish the timber retaining wall running parallel with the eastern boundary fence at the rear of the property.

2. Remove fill that is being supported by the above-mentioned retaining wall and return the area to natural ground levels.

Recognising that work has been carried out, the reasons for the Oder are outlined below:

1. Development has been carried out on the property in contravention of Section 4.2 of the Environmental Planning and Assessment Act 1979, which states:

If an environmental planning instrument provides that specified development may not be carried out except with development consent, a person must not carry the development out on land to which the provision applies unless:

i. Such development consent has been obtained and is in force and;

ii. The development is carried out in accordance with the consent and the instrument.

2. The work does not meet the requirements of Exempt Development or Complying Development as set out in the Ku-ring-gai Local Environmental Plan 2015 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and therefore requires development consent.

3. A search of Council’s records indicates that development consent has not been granted for the work. As such, the public notification and exhibition procedures have not been implemented, pursuant to the Ku-ring-gai Development Control Plan. As a consequence, neighbouring property owners have been denied the opportunity to participate in the development application process by making submissions to the consent authority on the likely amenity and environmental impacts to their properties.

4. Council has received concerns that there is an excessive amount of water running into the neighbouring property.

In this regard, aspects of the proposed order, impacting upon the proposed development, are discussed later within this report.

Figure 6: raised retaining wall along eastern side boundary

Previous applications history:

A Pre-DA consultation was not undertaken with Council prior to the lodgement of this Development Application.

Council’s records show a history of applications relating to the site as follows:

Type	Application	Description	Decision	Date
ConvBA	84/01891	Pool	Approved	26/10/1984

Current DA

In terms of the current application, the following significant timeframes are as follows:

Date	Action
26 September 2019	Application lodged.
8 October 2019	The application was notified to neighbouring property owners for a period of 14 days. Five submissions were received.
20 December 2019	Council forwarded a Preliminary issues letter, dated 19 December 2019, to the applicant, raising planning issues and included brief comments / notations raised within the submissions.
21 February 2020	Council received amended plans and documentation in response to its preliminary issues letter.
11 March 2020	Notification of amended plans and documents took place for a 14 day period. Five submissions were received.

Land and Environment Court appeal history:

N/A

THE SITE

Figure 7: Aerial Photograph of the site and locality

Site description:

The subject site is described as Lot 12, Sec 115 in DP 253642 and is known is 126 Boundary Road, Wahroonga. The site is regular in shape, with a frontage of approximately 18.29 metres to Boundary Road. Having an average depth of 51 metres and a total area of 932.80m², the site slopes diagonally from the south-western corner down to the north-eastern corner, with a fall of 1.27 metres across a length of approximately 54.9 metres. The submitted survey plan shows the following ground heights:

· 175.95m AHD at the south-eastern front corner

· 176.5m AHD at the south-western front corner

· 176.49m AHD at the north-western rear corner and

· 175.23m AHD at its north-eastern rear corner.

In addition, the survey plan shows concrete and timber retaining walls along the common side boundary with 128 Boundary Road. However, apart from the roof and window heights of the adjoining properties, the survey plan does not show the natural ground heights at these properties. The height of the pool copping at the water’s edge measures RL176.25m AHD. The height of the top of the rear retaining wall measures between RL176.57m AHD to RL176.23m AHD.

The site is positioned on the low side of the street, with its rear yard facing north.

In terms of the site’s rear yard, photographs (shown in Figures 5a and 5b) submitted by owners at 128 Boundary Road show that, the height of the rear yard has been elevated and this accords with the height measurements shown on the submitted survey plan.

Figure 8: Survey plan of the subject site

Constraint:	Application:
Visual character study category	Post - 1968.
Easements/rights of way	Not situated on the land.
Heritage Item – Local	No
Heritage Item – State	No
Heritage conservation area	No.
Within 100m of a heritage item	No.
Bush fire prone land	Yes
Natural Resources Biodiversity	No
Natural Resources Greenweb	No
Natural Resources Riparian	No
Within 25m of Urban Bushland	Yes
Contaminated land	No

Surrounding development:

As is characteristic of Ku-ring-gai, sites within the locality are landscaped and present an aesthetically pleasing front setback to the streetscape. The immediate locality is characterised by a mixture of dwelling houses with respect to their size and shape.

The properties that surround the site are generally zoned for low density residential purposes. Single storey dwelling houses adjoin the site to the east and west. Within the locality, properties are occupied by a mixture of single and two storey dwellings of varying architectural designs.

THE PROPOSAL

The Development Application proposes to demolish the existing dwelling and construct a new 2 storey dwelling house with associated landscaping works. Within the rear yard, the existing swimming pool is to be retained with new compliant pool safety fencing. The existing spa is to be removed and a new in-ground spa to be installed with a side setback measuring 2 metres to 128 Boundary Road. Additional landscape features are proposed, such as a waterwall and side boundary planting. The current landscape plan shows retention of retaining walls, with the rear lawn area achieving a height of RL176.2m AHD.

The development comprises the following:

Site preparation:

· demolition of single level dwelling, outdoor spa, retention of swimming pool;

· removal of internal driveway

· removal of landscaping retaining walls and paved areas

Construction of two-storey dwelling:

· ground floor: front porch and foyer, open plan kitchen / living / dining space, butler’s pantry, bar, guest bedroom with walk in robe and ensuite, formal lounge room, games room, powder room, laundry, stairwell and covered outdoor ‘alfresco’ area

2^nd storey:

· 4 bedrooms with wardrobes, 2 en-suites, separate bathroom, TV area, stairwell and void and terrace to front facade

Landscape works:

· retention of in-ground swimming pool, new outdoor spa, new shade pavilion over spa, 2 metres high wall with water feature extending at 90^o angle from western side boundary behind the pool

· new screen planting within retaining walls at minor side setbacks

· the front sandstone front fence is to be retained

Figure 9: Site and landscape layout

The proposed dwelling house is of contemporary design with a flat roof. Although the design is different to that of the adjoining traditional single level dwelling houses, it retains the residential character within the street. The proposal provides building setbacks such that the proposed dwelling house sits comfortably within the site.

Figure 10: Photomontage of south-western view

The proposed finished ground floor level to be RL176.30m AHD, with the rear yard maintained at RL176.2m AHD.

CONSULTATION

Community

In accordance with Appendix 1 of the Ku-ring-gai Community Participation Plan, owners of surrounding properties were given notice of the application. In response, submissions were received from the following:

1. Mr John Cowan, 151 Boundary Road, Wahroonga

2. Mr D and Mrs A Harvey, 124 Boundary Road, Wahroonga

3. Mr G and Mrs R Van Der Vlag, 128 Boundary Road, Wahroonga

4. Mr A Levanthal, I Jacana Close, East Wahroonga

5. Ms M Duncan, 10 Huon Street, North Wahroonga

The submissions raised the following issues:

Non-compliance height and floor space ratio

Amended documentation has been submitted. The amended proposal is compliant with the FSR and built upon area controls. There is a slight non-compliance with the building height envelope control, however this is acceptable for reasons advanced below.

Privacy and amenity:

- overlooking onto adjoining private open space areas

- loss of visual amenity by increased bulk

- increased shadow by shade pavilion, which is unsightly

- the ground level along the site’s eastern side boundary “has already been raised by substantial volume of soil or fill, some of which is pushing against part of the existing timber paling fence on the boundary of the properties”, where “previously the Property had a substantial slope from east to west and also from south to north”

Condition 11 is recommended to resolve overlooking from windows along the rear (western) portion of the development. In addition to mature landscaping and amendments to the rear landscape features, privacy concerns are further addressed via screen planting as shown on the landscape plan.

The bulk and shadow of the rear pavilion within the rear yard are not a significant issue in the context of their location and compliant side setbacks.

Condition 10 is recommended to resolve the issue of the unauthorised above ground retaining wall along the eastern side boundary as it does not comply with the 2 metres side setback control.

Streetscape and Neighbourhood characteristics:

- not sympathetic to current houses and recent developments due to use of different materials and colours and height of neighbouring land

Amended documentation has been submitted which addresses this issue. The development employs a modern 2 storey design that, whilst, being different to that of traditional adjoining single dwellings, is compliant with the relevant building controls and is not incompatible with the existing streetscape.

No acoustic report for the air conditioning system provided has been provided

A combination of amended documentation and recommended Conditions 15, 53, 55 and 56 will address this issue.

Trees:

- placement of clothes line and planting of Acmena Smithii

- loss of bush vista

- unclear from the landscape plans whether the existing pines on the western boundary will be retained

The placement of the clothesline creates no environmental impact and its location adjacent to the western elevation of the dwelling is satisfactory. In terms of the planting of the Acmena Smithii and amended landscape plan Council’s Tree and Landscape Assessment Officer has not raised any concern.

The 2 storey dwelling house provides a compliant rear setback. The height of the waterwall feature is resolved by Condition 10, which is intended to mitigate the visual impacts of this feature when viewed from rear yard of 124 Boundary Road.

Drainage – stormwater runoff:

- existing drainage on the subject property is not shown on existing plans and is inadequate

- in heavy downpours, water runs straight across the backyard of 128 Boundary Road into the garden, causing mould on the fence and dampness

- all stormwater drainage is to be contained within 126 Boundary Road

The applicant has submitted amended plans/documents. Council’s Development Engineer is satisfied with the amended plans and has recommended Conditions , 46, 47 and 48, to address these issues. In addition to resolving drainage seepage from retaining walls, Condition 10 requires a 2 metres clearance from the side boundary with 128 Boundary Road.

Traffic issues

The proposal is to demolish the existing dwelling and construct a new 2 storey dwelling house. Traffic management plans are not required for these types of residential developments, as the use is a low residential use replacing an existing dwelling, thus there will not be any notable increase in traffic generation from the development. In terms of construction activity, similarly, for low residential developments no significant traffic flow impacts are created for the relatively short time frames of construction activity.

Miscellaneous design issues and documentation:

- location of air conditioning, kitchen exhaust with discharge of fumes

- confusion: the Content page of the SOEE document refers to “Fairfield LEP 2013” as the governing document

- confusing dimensions of rear windows, use of 3D and elevation of building

- pool safety fence requires compliance details

- increased fence heights due to previous fill on subject land

- no indication that the proposed façade material complies with the BCA, NCC especially AS1530 requirements

- exhaust louvres are not shown on the elevations and roof plans

- location of garbage bins not shown on the plans

- fence details on southern elevation perspective is different – requires description of fence type and colour, LEP prohibits front fences

- no design details:

o to confirm the extent of overland flow and drainage into 128 Boundary Road

o to confirm materials to be used on the driveways, side paths and in the alfresco areas.

o to identify where the pool overflow and backwash waters and shade roof water at the spa discharge

o to identify the extent of grass

o to clarify safety measures when cleaning box gutters as there are no access hatched shown on the drawings

The initial proposal provided incorrect information and lacked significant detail. The applicant was advised of these issues and has addressed this by submitting revised documentation and plans. In addition to submitting amended plans, the applicant submitted a “Design Statement”, which briefly outlined some of the changes made. As tabulated within the compliance table, it is considered that, in the context of the application, being the demolition of the existing dwelling and construction of a new 2 storey dwelling house with associated landscape works, some of the issues were addressed by design changes shown on amended plans, whilst others are addressed via recommended conditions of consent.

Amended plans received 21 February 2020

The amended plans were notified to owners of surrounding properties for a 14 day period. In response, five submissions from the following were received:

1. Mr John Cowan, 151 Boundary Road, Wahroonga

2. Mr D and Mrs A Harvey, 124 Boundary Road, Wahroonga

3. Mr G and Mrs R Van Der Vlag, 128 Boundary Road, Wahroonga

4. Mr A Levanthal, I Jacana Close, East Wahroonga

The submissions raised the following issues:

There still is an exceedance with the Floor Space Ratio and Built Upon Area requirements

Within one of the submissions, the submitter stated:

A review has been undertaken using the Napier Blakeley format using the NWPC standard method of measurement of building areas with an addition from the Australian Universities Commission.

By using the above method, the submitter believes that the current design provides:

· a FSR measuring 0.526:1, by including areas such as wall thickness, porch, the alfresco, terraces and spa roof and

· a BUA measuring 59.13% by including areas of all stepping stones/paving in landscape areas, concrete boundary fence.

For the purpose of calculating FSR under Clause 4.4 of KLEP, areas such as wall thickness, porch, the Alfresco, terraces and a spa roof are not included within the definition of “gross floor area”:

gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor and includes—

(a) the area of a mezzanine and

(b) habitable rooms in a basement or an attic and

(c) any shop, auditorium, cinema and the like, in a basement or attic,

but excludes—

(d) any area for common vertical circulation, such as lifts and stairs and

(e) any basement—

(i) storage and

(ii) vehicular access, loading areas, garbage and services and

(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting and

(g) car parking to meet any requirements of the consent authority (including access to that car parking) and

(h) any space used for the loading or unloading of goods (including access to it) and

(i) terraces and balconies with outer walls less than 1.4 metres high and

(j) voids above a floor at the level of a storey or storey above.

Therefore, when calculated in accordance the above definition, the proposed dwelling does not exceed the maximum FSR, as shown within the LEP compliance table, which is further set out within this report.

For the purposes of calculating BUA under the DCP, “built upon area means:

the area of a site containing any built structure (whether covered or uncovered), any building, carport, terrace, pergola, hard-surface recreation area, swimming pool, tennis court, driveway, parking area, or any like structures, but excluding minor landscape features.

The purpose of the DCP is to guide assessment of new development, so as to achieve environmental outcomes that do not significantly impact upon adjoining properties and the general locality.

Under Control 1 of Part 4A.3, for a 2 storey development on a 932.8m² site, a BUA of no greater than a 54% (503.71m²) shall be provided. By adopting the definition above and, based upon the current landscape plan, a BUA of 50.9% (475m²) has been calculated. Therefore, this aspect of the development complies.

Visual privacy from the western window in the Master Bedroom and Bedrooms 2 and 3 to the 124 Boundary Road swimming pool, entertaining areas ground floor bedrooms has not been addressed in the revised drawings

One of the objectives of Part 23.9 of the DCP is to ensure that the level of visual privacy to the private open space of an adjacent property is appropriate. Objection has been made in relation to Windows C1, C2, D1, E1 and B1, that directly overlook No. 124 Boundary Road. The current plan maintains the initial bedroom window locations and shows that the Master Bedroom is provided with a window seat adjacent to the corner window, which has a north and westerly aspect. Bedroom 2 provides a direct northerly aspect. Three long windows are provided to Bedroom 3, which face west. These windows have low sill heights. From the common side boundary with 124 Boundary Road, the following first floor window locations provide the following setbacks: “C1” and “C2” >7 metres for the Master Bedroom facing north and north west, “D1” >2.5 metres for Bedroom 2 facing northand “E1” (x2) and “F1” >2 metres for Bedroom 3 facing west.

The intention is not for these windows to allow for overlooking of adjoining properties however, they could create potential for overlooking due to their low sill height. A window seat may benefit the occupants of the site; however, is clearly not in the interests of occupants to the west. The low window design may provide architectural relief; however, it is considered to be too low and offers opportunity for overlooking.

To address the neighbour’s concern, the development can achieve higher window sill heights than proposed without significantly compromising amenity. Therefore, to meet the objectives of Part 23.9. Condition 11 is recommended which requires the window sills of the Master Bedroom and Bedroom 2, to be no lower than 1.5m measured from finished floor level.

Inconsistencies within the amended documentation

· acoustic attenuation cannot be provided by landscaping

· the installation of the KC's approved drainage does not work as designed

· the statement that the Street and Neighbourhood Characteristics in the SEE is incorrect

· the architecture is dramatically different to the local residences

· fence designs and configurations are in difference to the street view montages provided

· the Design Statement does not refer to the Built Envelope

The applicant acknowledged Council’s preliminary assessment letter of 19 December 2019, however, minor discrepancies between various documents were not addressed. Notwithstanding, as shown the compliance table, the applicant has made significant design changes to what was initially submitted such as:

· reduction in building height

· reduction in FSR

· reduction in BUA

· reduction in building envelope

· increased side setbacks

The development on merit is now considered to be acceptable and the inconsistencies within these documents do not preclude a full and proper assessment of the merits of the proposed development.

The issue raised about noise has been considered. Given that adjoining properties have within their rear yards recreational areas such as swimming pools, covered terraces and lawn, it is considered that noise generated from the site will be no different to that generated by those adjoining properties and reasonably expected in a low density residential area. Condition Nos. 15, 53 and 56 require air conditioning and pool /spa pumps to be suitably soundproofed.

The photomontage, as shown within Figure 10, is a conceptual visual representation of the development and is accepted as being generally consistent with the architectural plans. The proposal meets the residential objectives and controls of Part 4 of the DCP.

In terms of the applicant’s Design Statement, the issue concerning “Building Envelope”, has been satisfactorily considered.

Loss of solar access and incomplete shadow diagrams- lack of March / September equinox shadow as required

The proposed development is for a 2 storey dwelling house. The proposal will cast shadow on adjoining properties. This is a result of not just the building’s design, which is compliant, but of the subdivision pattern. The subject site has a north / south orientation. Whilst both the original and amended plans include 9am, 12noon and 3pm shadow diagrams for the winter solstice, shadow diagrams for the March/September autumnal and vernal equinoxes have not been submitted nor are they required under Council’s DCP controls.

The applicant’s view is that, as the current building design is compliant with building height and setbacks, built-upon area and that northerly private open space receives full winter sun access, sufficient information is provided, the omission of March/September shadow diagrams does not necessarily compromise the general amenity of adjoining properties. The winter solstice is the worst case scenario. The proposal complies with Controls 2 and 3 of Part 4C.5 in that, between 9am and 3pm on 21^st June, at least 4 hours of solar access is achieved to the north facing windows and north facing rear private open space areas of the site, and adjoining properties to the east and west. Four hours of solar access is provided within the rear yards that face north. The applicant has submitted sufficient information and in the circumstances of the case, the proposal is acceptable, subject to conditions.

Under the provisions of Part 4C.5 Solar Access of the DCP Objective 1 is to:

ensure the design and siting of new development maintains a reasonable level of daylight and sunlight to habitable rooms, private open space and solar collectors of new and neighbouring development.

In achieving this objective, the applicant has sought to meet Controls 2 and 3, which read as follows:

2 A building is to be designed and sited to maintain solar access to adjoining properties of at least 4 hours between 9am and 3pm on 21st June to north facing windows and all living areas (family rooms, rumpus, lounge and kitchen) and the principal private open space recreational areas, such as swimming pools and patios.

3 Dwelling design and orientation is to provide at least 4 hours between 9am and 3pm on 21st June to north facing windows and all living areas (family rooms, rumpus, lounge and kitchen) and the principal private open space including swimming pools and patios, to the proposed dwelling.

As is, established above, the proposal complies with Control 2. The sites orientation provides a dwelling and its principal private open space areas with a northerly aspect. The dwelling design comprises a games room and covered alfresco area to receive direct solar access. Within the dwelling, the development provides an open ‘living, dining and kitchen’ area that is orientated to the north and east. In this regard, compliant sunlight access is provided consistent with Control 3.

Loss of outlook and ventilation

In terms of outlook, the current proposal and adjoining dwellings have a northerly outlook. The locality is characterised by large and small trees within a low density residential setting. There are no views to significant built or natural features that are impacted; therefore, it is considered that, as sufficient rear yards are provided for private open space, visual outlook of adjoining development is not significantly compromised.

The proposal allows ventilation of natural air to adjoining developments. The development has been designed with compliant side setbacks and building height. Therefore, this aspect is acceptable.

Inconsistencies and ambiguities in Landscape Plans and the planting of a Acmena smithii which may grow to 13m in height to be repositioned

The Acmena smithii, known as Lilly Pilly, can be grown as either a hedge or a tree (as shown by examples in Figure 11). In this instance, the Landscape Plan shows the tree to be planted within the rear corners of the property. Other screen planning is provided along the perimeter of the rear yard. Council’s Tree and Landscape Assessment Officer has considered the current proposal and is satisfied that, with suitable conditions, the development is satisfactory.

Figure 11: examples of Acmena smithii as both a hedge and tree

Within the applicant’s Design Statement, “the existing sandstone fence along the front boundary, is proposed to be retained as it is in excellent condition”. The proposed 1.2m high rendered brick front fence with 0.7 metres powder coated infill pickets, as shown on Sheet 3 of the set of landscape plans, is no longer proposed for this development. This aspect is addressed by Condition 10.

Location of external kitchen ventilation

The development is for a single dwelling. It is considered that, unlike a commercial food premise, ventilation for domestic use and will not result in any significant impacts. By its design, this aspect of the development is satisfactory.

Placement of clothes line is unacceptable as it is unable to determine its height

A clothesline is proposed along the western elevation of the rear of the dwelling. Depicted as a foldout clothesline, generally these have a height no greater than 2 metres, slightly higher than a standard 1.8 metres high paling fence. Given its location, the proposed location does not significantly compromise the amenity of respective occupants.

We request a copy of Council’s ‘preliminary assessment letter’ and copies of correspondence between Council and the applicant to better understand and respond to the Council’s issues and to assist us in the preparation of our submission

Comment:

Correspondence between Council and the applicant are technical based documents that detail and explain Council’s issues with an application and the applicant’s response to them. As such, this information is not needed or required to be used be used for any member of the public to form an opinion on the proposed development.

Internal Referrals

Landscaping

Council’s Tree and Landscape Assessment Officer commented on the amended application as follows:

SEPP (Building Sustainability Index: BASIX) 2004

Part 3 Aims

Proposed

Satisfies

To encourage sustainable residential development

There are no landscape commitments in the BASIX.

YES

SEPP (Vegetation in Non-Rural Areas) 2017

Part 3 Aims

Proposed

Satisfies

To protect the biodiversity value of trees and other vegetation and to preserve the amenity of non-rural areas through the preservation of trees and other vegetation.

Trees to be removed

No significant trees are proposed to be removed.

YES

KDCP COMPLIANCE TABLE

Control

Proposed

Complies

Part 4A.4 Landscaping and Part 13 tree and vegetation preservation

Landscape proposals are to retain existing trees where possible

The proposal retains significant existing trees.

YES

Part 16 Bushfire risk

16.1 Bushfire Risk Management

The bushfire report states that the site be managed as asset protection area. The site has little existing vegetation and has only one medium sized tree within the front setback. It is unlikely that vegetation therefore would need to be removed for the APZ.

The bushfire report has certified the landscape plan

YES

Part 21 General site design

21.1 Earthworks and Slope

Cut and fill existing levels

YES

21.2 Landscape Design

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

The initial Landscape Plan was not satisfactory.

Screen planting within side setbacks is indicated. The site is rated BAL FZ, BAL 40 The bushfire consultant has now assessed the landscape plan.

The proposed stormwater design has been amended to place the OSD under the drivewayand a small rain garden to the front boundary. This is acceptable.

YES

Other issues

The plans indicate a 2 metres high “waterwall” to the rear of the swimming pool. The wall has been amended and no longer extends to the western rear side boundary on the landscape plan but is still indicated on the site plan.

No elevation and top of wall level has been provided. It is unclear whether there may be visual impacts on the adjacent property, to the west due to the wall extending to the boundary.

The submitted survey plan shows the height of the pool paving measuring RL176.22 metres AHD. The current Landscape plan shows a proposed height of the water feature measuring 2m high from the pool paving. The survey plan does not show detailed natural ground heights at 124 Boundary Road. The site has, at the north-western corner of the existing dwelling, an RL of 176.02 metres AHD. Therefore, a height difference of 0.22 metres between the pool paving and the north-western corner of the dwelling. Uncertainty about the length of wall to the western side boundary is justified. It is considered that, given that given the height of the rear yard, the proposed 2 metres high waterwall is excessive and may pose a visual impact concern for 124 Boundary Road. Therefore, it is recommended that the height of the waterwall feature be reduced to 1.8 metres measured from the surface of the pool paving and that its setback be no less than that of the western edge of the pool paving, which is approximately 2 metres – (Condition 10).

Engineering

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

The amended stormwater management plans Project No. 18438 Dwg. No. C1-C4 issue A prepared by Nastasi & Associates can be stamped and listed in Condition 1.

Water management

As required, a standard concrete on-site detention tank under a driveway has replaced previously proposed “Atlantis Matrix” drainage cell type structure.

The provided “On-site Detention Calculation Sheet’ shows the orifice diameter of 71mm. This is considered acceptable as a minor difference of 7 millimetres is insignificant.

As runoff from the driveway will bypass the on site detention, a raingarden is proposed, as shown on the drainage plan. The proposal is considered acceptable.

A submission has been received regarding the existing stormwater drainage system and the proposed stormwater drainage plan. All the exiting drainage utilities (pits, pipes) will not be a part of the new drainage systemand will be removed from the site. The proposed stormwater management plan complies with Part 24 “Water Management” of Ku-ring-gai DCP.

Recommendations

From an engineering perspective, there are no objections to this application.

External Referrals

Rural Fire Services

As the site is mapped as bushfire prone land, in accordance with the provisions of Section 4.14 of the Environmental Planning and Assessment Act 1979, Council consulted with the Commissioner of the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bush fire. The Rural Fire Service provided their comments/requirements to Council.

The RFS’s requirements have been incorporated into the recommended conditions of consent – (Condition 20, 51 and 54).

STATUTORY PROVISIONS

State Environmental Planning Policy No. 55 – Remediation of Land

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

Draft State Environmental Planning Policy (Remediation of Land)

The draft SEPP is a relevant matter for consideration as it is an Environmental Planning Instrument that has been placed on exhibition. New provisions will be added in the SEPP to:

· require all remediation work that is to be carried out without development consent, to be reviewed and certified by a certified contaminated land consultant

· categorise remediation work based on the scale, risk and complexity of the work

· require environmental management plans relating to post-remediation management of sites or ongoing operation, maintenance and management of on-site remediation measures (such as a containment cell) to be provided to Council

The site is unlikely to contain any contamination and further investigation is not warranted in this case.

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

The SEPP commenced on 25 August 2017 and replaced clause 5.9 of Ku-ring-gai Local Environmental Plan 2015, which aimed to preserve trees and vegetation. The objective of the SEPP is to protect the biodiversity values of trees and other vegetation and to preserve the amenity of the area through the preservation of trees and other vegetation.

The proposed development has been designed to minimise impacts on the diversity and condition of native vegetation, fauna and habitat as per the requirements of the SEPP.

Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River

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

The proposed development achieves the relevant aims under this policy as water re-use will minimise the impact on downstream waterways.

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

A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and adequately reflects all amendments to the application.

Draft Environment SEPP

The draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. The consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways and urban bushland areas. Changes proposed include consolidating a number of SEPPs, which include:

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2 1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The proposal is not inconsistent with the provisions of the draft SEPP.

Consolidating LEPs Planning Proposal

The Planning Proposal was exhibited from 25 October 2019 to 22 November 2019. The purpose of the Planning Proposal is to consolidate the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 and Ku-ring-gai Local Environmental Plan 2015. The Planning Proposal is an amendment to KLEP 2015 and will correct site specific mapping errors, resolve the status of deferred areas, remove an existing land reservation in Gordon and amend heritage listings. The Planning Proposal does not seek to amend the zoning and development standards that apply to the subject site. The proposal is consistent with the Planning Proposal.

Ku-ring-gai Local Environmental Plan 2015

Zoning and permissibility:

The site is zoned R2 Low Density Residential. The proposed development is defined as a residential building.

Zone objectives:

The objectives of this zone, which seek to:

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

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

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

The development:

· provides housing choice within the low density zoning of the land

· provides housing compatible with the existing environmental and built character of Ku-ring-gai demonstrated by the proposal’s general compliance with the relevant consideration as discussed throughout this report

The proposed development therefore upholds the zone objectives.

Development standards:

Ku-ring-gai Local Environmental Plan 2015

Development standard	Proposed	Complies
Cl 4.3 - Height of buildings: Maximum Building Height - 9.5 metres	7.9 metres	YES
Cl 4.4 - Floor space ratio (FSR): Note: Subclause 2A Calculation 0.38:1 Gross Floor Area no greater than 353.2 m²	Site area = 932.8m²: - 0.37:1 - 347.91m²	YES

Development standard

Proposed

Complies

Cl 4.3 - Height of buildings:

Maximum Building Height - 9.5 metres

7.9 metres

YES

Cl 4.4 - Floor space ratio (FSR):

Note: Subclause 2A Calculation 0.38:1

Gross Floor Area no greater than 353.2 m²

Site area = 932.8m²:

- 0.37:1

- 347.91m²

YES

Clause 5.10 – Heritage conservation

The subject site does not contain a heritage item, is not located within 100m of an Item and is not within a heritage conservation area. The proposed works do not affect any known archaeological or Aboriginal objects or Aboriginal places of heritage significance.

Part 6 Additional local provisions

Clause 6.1 - Acid sulphate soils

The site subject of the proposed works is mapped as Class 5 land. The proposed works are not within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. As a consequence, the proposal is acceptable in this regard.

Clause 6.2 - Earthworks

The proposal seeks retention of the side retaining walls and rear raised lawn area, which is not proposed to be demolished/removed. The new dwelling will not restrict the existing or future use of the site, significantly impact on neighbouring amenity, the quality of the water table or disturb any known relics.

Clause 6.5 - Stormwater and water sensitive urban design

Council’s Development Engineer has given consideration to the objective of this clause which seeks to minimise the adverse impacts of urban water on the site and within the catchment. The stormwater design adequately manages water quality and control discharge volumes and frequency, subject to conditions – (Conditions, 45, 46, 47 and 48).

Ku-ring-gai Development Control Plan

Part 1A.5 General aims of the DCP

The proposed development has been assessed against the general aims of this DCP and is found to be acceptable in all relevant respects for the reasons given throughout this report.

Part 2: Site analysis

A site analysis which identifies the existing characteristics of the site and the surrounding area has been provided as part of the development application. The site analysis satisfies the objectives of this part of the DCP.

Part 4: Dwelling Houses

The table below addresses the assessment criteria contained under Part 4 of the DCP.

COMPLIANCE TABLE
Development control		Proposed	Complies
4A – Site Design
4A.1 Local Character and Streetscape
Visual Character - Design components are based on existing predominant visual character of the local neighbourhood	The front component of the dwelling maintains the visual character of the locality.		YES
- Consideration to be given to visibility of on site development and relationship to scale, layout and character of streetscape	Maintains the residential scale and streetscape.		YES
Public domain and communal space - Development is to integrate with surrounding sites by appropriate scale, not exceeding two storeys, minimising overshadowing and integrating built form and soft landscaping.	The development is 2 storeys, meets the height and FSR controls which in part determine acceptable bulk and scale, the dwelling meets the setback controls and integrates with the predominant front streetscape with a single driveway. There is no significant overshadowing.		YES
4A.2 Building Setbacks
Building Line (Front Setback)
Two storey Low side – 9m (11m average) High side – 12m (14m average)	Low side of street: 12.3m		YES
Building Line (Rear Setbacks) - 12 minimum for depths >48m	- 15.07m		YES
Building Line (Side Setbacks)
<20m width - 1.5m single storey elements - 2m two storey	East: - Min. 2.52m single storey elements - Min. 3.08m 2 storey elements West: - Min. 1.5m single storey elements - Min. 2.755m 2 storey elements		YES YES YES YES
4A.3 Built-Upon Area
Site Area - 932.80m² Max BUA 54% (503.71 m²)	50.9% (475m²) – includes dwelling, alfresco, swimming pool, driveway and connecting path, hardstand areas of the pool pump, water tank and air conditioning.		YES
4A.4 Landscaping
Tree replenishment - 850m² to 1,000m² x5 trees	All trees to be retained on site. Refer to Landscape Plan for landscape features and Council’s Landscape Officer’s comments.		YES
4B – Access and Parking
4B.1 Vehicle Access
Driveways	Use of existing crossover, with new internal driveway to replace existing.		YES
- <18m frontage 1 driveway
- 3.5m crossing
- Driveways designed in accordance with AS 2890.1 (2004) Off Street Car Parking
4B.2 Car Parking Provision
- 2 on-site parking spaces	Spaces available to for 2 vehicles.		YES
- Double 5.4 x 5.4m minimum	6m x 6.17m (5.17m door opening width)		YES
4C – Building Design and Sustainability
4C.1 Building Envelopes
- 2 storeys	2 storey height		YES
- 9.5m height	7.9m		YES
- 4m @ 45°	Minor encroachment.		NO Refer to discussion below
4C.2 Building facades
- Unrelieved wall length <12m	- 10.43m length.		YES
- Unrelieved wall length (4m high) <8m	- 6.29m		YES
4C.3 First Floor Design and Roof Forms
First floor design - Upper levels stepped back	First floor provides elements to minimise bulk and massing by stepping in from the ground floor. A minor technical non-compliance exists to a small portion of the dwelling with building envelope discussed above.		NO Refer to discussion below
Roof line - Minimise bulk and overshadowing by selection of material, colour and roof pitch, low angled pitched roofs, inclusion of habitable rooms within roof space	Bulk reduced by low level rooves. No habitable roof space provided.		YES
Clerestory windows and skylights - Sympathetic to overall design of dwelling and streetscape	Not proposed.		YES
4C.4 Private Open Space
- Min depth 5m and area of 50m²	300m²		YES
- At least one north facing area	North facing.		YES
4C.5 Solar Access
- 4hrs between 9am – 3pm on June 22 to north facing windows and all living areas and POS	North facing areas. Adjoining sites provided with solar access to Private Open Space. Plans show southern portion of dwellings receiving shadow in parts.		YES
- To neighbouring properties and dwelling itself			YES
- Where existing non-compliance reduction limited to 20%			YES
4C.6 Natural Ventilation
- Buildings designed to incorporate natural cross ventilation	Openings provided along all elevations.		YES
4C.7 Ancillary Facilities
Swimming pools, spas, equipment and fences - 2m from boundaries	An existing pooland new spa provided with screening. 3m to pool’s water edge to the west and 2.2m to spa water edge to the east.		YES
- <0.5m above existing ground level	In ground pool and spa.		YES
- Pumps and filters to be sound proofed and enclosed	Pumps and equipment to be retained and conditioned to meet noise requirements as per conditions.		YES
4C.8 Fencing
Front fences - 1.2m max for visually solid forms	Retention of existing front sandstone fence. No change to existing fencing.		YES
Side and rear fences - 1.2m with front setback			YES
- 1.8m
4C.9 Waste Management
- All waste recycling storage containers stored on site	Domestic waste bins are to be provided to the dwelling, an sited behind the front building line.		YES
- Located at rear of site a min 3m from openable windows
4C.10 Materials and Finishes
- External walls constructed of high quality and durable materials and finishes.	Earth toned with light external materials. Refer to photomontage.		YES
- Base colours to be light in tone
- Black and white colours to be avoided
- Strong colours to large sections of building avoided
- Natural earth tones for facades close to bushland

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

Part 4C.1 Building Envelopes

The principle objectives of Part 4C.1 is to limit the height and bulk of buildings so they don’t dominate adjoining developments and to ensure developments are responsive to the site. Equally, developments should by design minimise overshadowing and at the same time allow adequate ventilation and solar access to private open space and habitable rooms.

Recognising the minor encroachment outside the building envelope, a minor degree of overshadowing occurs to the adjoining allotments. This is more due to north/ south subdivision pattern of the allotments. Each of the adjoining properties are north facing, receiving direct solar access at mid-winter to the dwellings and main private open space. In addition, adjoining properties achieve the solar access requirements set out in the DCP.

The design has been successfully arranged to generally satisfy the objectives, although there is a minor variation to the building height plane control. The minor variation to the building envelope is satisfactory given that the development achieves the desired buildings setbacks and provides a building height below the maximum 9.5m building height under Clause 4.3 of KLEP. In addition, the building is below the maximum 0.38:1 FSR under Clause 4.4 of KLEP and is within the BUA development guideline as set out above.

Part 4C.3 First floor design and roof forms

The principle objective of Part 4C.3 is to integrate and limit the foot print of the first floor of a two storey dwelling house so as to avoid overbearing bulk and scale and allow daylight and sunlight to living areas and private open space of a proposed dwelling and adjoining properties. The amended first floor design achieves the objectives, despite not being contained wholly within the ground floor footprint, with a minor variation at the rear of the first floor at the north-eastern corner. The first floor, along the Western elevation, shows that an inward set back of the first floor from the ground floor Western wall measuring between 0.6 metres, 1.6 metres and 4.6 metres. Along the Eastern side elevation towards the rear of the first floor, parts of the first floor building (being the ensuite and walk in robe) sit directly above the ground floor. Whilst the dwelling is non-compliant, its design addresses and appropriately manages its bulk and scale by incorporating a mix of external building materials and finishes which assist in breaking up the building mass, as well as achieving a well-articulated and stepped building form. Controls 1, 2 and 6 of Part 4C.3 are relevant in that the first floor design should minimise bulk/scale and overshadowing onto adjoining owners which is considered to be achieved.

Ku-ring-gai Development Control Plan

Section B

Part 15 – Land Contamination

The site is not mapped as being contaminated and has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

Part 16 – Bushfire Risk

The site is mapped as bush fire prone land.

In accordance with the provisions of section 4.14 of the Environmental Planning and Assessment Act 1979, Council has consulted with the Commissioner of the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bush fire. The requirements satisfied by the Rural Fire Service are included in (Conditions 20, 51 and 54).

Part 17 – Riparian Lands

The site is not mapped as riparian land.

Part 18 – Biodiversity

The site is not mapped as land comprising biodiversity significance.

Part 19 – Heritage and Conservation Areas

The subject site does not contain a heritage item, is not located within close proximity to an Item nor is it within a heritage conservation area. The proposed works do not affect any archaeological or Aboriginal objects or Aboriginal places of heritage significance.

Ku-ring-gai Development Control Plan

Section C

Development Control	Proposed	Complies
Part 21 General Site Design
21.1 – Earthworks and slope
Development consider site topography, drainage, soli landscapes, flora, fauna and bushfire hazard by: · stepping buildings down the site · locate finished ground level as close to the natural ground level as practicable · lLevel changes to occur primarily within building footprint · minimum 0.6 metres width between retaining walls · maintain existing ground level within 2m from any boundary · limit slope for embankments to 1:6 (grassed) and 1:3 (soil stabilising vegetation) · no fill and excavation within sensitive environments · minimise altered groundwater flows	Building platform relatively flat, with no stepping down required. Existing retaining walls are to remain. However, Control 5 requires that a 2 metre setback from side boundaries is to be maintained. Landscape plan shows new trees and screening within the rear perimeter of the site. No major earthworks are proposed. An opportunity to re-establish an appropriate garden setting, such as a 2 metre retaining wall setbacks, should mitigate previous drainage and privacy concerns.		NO, Refer to discussion below
Dwelling houses Excavation within building footprint must not exceed 1m · 0.9m maximum fill · 1.8 m maximum level difference across the building footprint · retaining walls maximum 0.9m above NGL	No excavation required for the dwelling footprint. Height of rear retaining walls measure less than 0.9m from natural ground level.		YES
21.2 – Landscape Design
Council’s Tree and Landscape Assessment Officer has assessed the proposal against these provisions and is satisfied the development is satisfactory. The site is within Bushfire Prone Land and has been rated BAL FZ and BAL 40. Council’s Landscape Assessment Officer is satisfied that, as the Bushfire Consultant has assessed the current Landscape Plan, the proposed development is satisfactory, subject to conditions – (Conditions 20 and 54).
Part 22 - General access and parking
The proposal has been assessed against the provisions contained in these Parts. The subject site provides sufficient on-site parking in accordance with the car parking rates. No issues or concerns were raised by Council’s Development Engineer in relation to this Part. The proposal meets the relevant objectives of this control.
Part 23 – Building Design and Sustainability
23.7 Waste Management and 23.10 Construction, Demolition and Disposal The proposal has been assessed against the provisions contained in these Parts. The site provides sufficient bins for general household waste including recycling materials. The waste storage area is also suitably located to ensure minimal impacts. The applicant has lodged a Waste Management Plan with the application. The proposal is consistent with these provisions. No issues or concerns were raised by Council’s Development Engineer in relation to stormwater quality control during construction and erosion and sediment control during construction, subject to conditions – (Conditions 27, 33 and 40). The development will be consistent with the objectives of these Parts, subject to conditions.
Part 23.8 and 23.9 General Acoustic and Visual Privacy The proposal has been assessed against the provisions contained in these Parts. The proposal will not result in a significant detrimental impact contrary to these provisions as the development maintains the residential character of the locality. The existing pool and proposed spa pumps are to be enclosed. Suitable conditions have been recommended to ensure appropriate noise attention for any air conditioning and the pool filter. The amendments made to the dwelling has mitigated concerns raised.
Part 24 – Water management
Council’s Development Engineer is satisfied that the proposed development has been designed to manage urban stormwater as per the requirements of the DCP, subject to conditions – (Conditions 45, 46, 47 and 48).

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

Part 21.1 – Earthworks and slope

To relevant objectives of Part 21.1 of the DCP are:

· respect the topography of the site

· manage / minimise drainage and water flows due to site earthworks or retaining walls

· prevent damage to buildings on adjoining land

· minimise degradation, water pollution and damage to infrastructure from erosion and sedimentation

Part of the site has been filled some time ago and is retained by a retaining wall set back 1 metre from the eastern boundary fence. There is compliance action regarding these works, as it appears that no approval exist for them. Should these works be proposed as part of this application, they would not be supported under the DCP controls; however, conditions have been recommended to mitigate the concerns raised. In recognising that fill has occurred on site, as raised by the owner of 128 Boundary Road, it could be concluded that the filling and raising of the rear lawn area was a result of excavated fill from the then approved swimming pool. Control 5 of the current DCP requires that:

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

In this instance, the objective of Control 5 is to enable adequate area for maintenance along the property boundary line, to minimise significant water seepage and, at the same time, minimise overlooking where significant fill is proposed. The rear of the site now has a raised lawn area and appears to allow water seepage onto adjoining properties. To address this issue, Condition 10 is recommended.

Given the water seepage issues onto 128 Boundary Road, Council has issued a a Notice of Intention to serve a Development Control Order for the removal of the unauthorised retaining wall along the eastern side boundary and fill within the lawn area. The owner of the site may make representations about the proposed order; however, as Condition 10 is recommending that works be carried out, as discussed above, it is considered that, until an Occupation Certificate has been issued for the development, the Order, if issued, would remain in force. Should work not be carried out to meet Condition 10, further action will be administered under the Proposed Order. At this stage, the owner is yet to make representations about the Proposed Development Control Order.

Ku-ring-gai Contributions Plan 2015

The proposed works are quoted as $1,795,700 being more than $100,000 which attracts the payment of a contribution in accordance with Section 4.17 (1) of the Environmental Planning and Assessment Act 1979 and Ku-ring-gai S94A Contributions Plan 2015. Accordingly, $17,957.00 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs. – (Condition 21).

REGULATIONS

Australian Standard for Demolition - Clause 92(1)(b)

Clause 92(1)(b) of the Environmental Planning & Assessment Regulation 2000 requires the consent authority to consider the provisions of Australian Standard AS 2601-1991: The demolition of structures. The demolition of the existing structures will be carried out in accordance with a construction/demolition management plan and this will be required to be submitted prior to the issue of any Construction Certificate. Condition 23 is recommended to this effect.

Likely Impacts

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

Suitability of the Site

The site is suitable for the proposed development as the building site is relatively level, is not flood prone and does not require the removal of any trees.

Public Interest

The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments and by the Panel ensuring that, any adverse effects on the surrounding area and the environment are minimised. The proposal has been assessed against the relevant environmental planning instruments and is deemed to be acceptable. On this basis, the proposal is not considered to raise any issues that are contrary to the public interest.

Conclusion

Having regard to the provisions of section 4.15 of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory, subject to conditions.

RECOMMENDATION

PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grants development consent to DA0403/19 for demolition of an existing dwelling and construction of a new 2 storey dwelling house with associated landscape works at 126 Boundary Road, Wahroonga, subject to conditions. Pursuant to Section 4.53 of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within five years of the date of the Notice of Determination.

The conditions of the consent are set out as follows:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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

Plan no.	Drawn by	Dated
Architectural Plans
Site and Section Plan 2037-19Cd Issue d Sheet 1 of 3	Douglas Design	14/02/2020
Ground & First Floor Plans 2037-19Cd Issue d Sheet 2 of 3	Douglas Design	14/02/2020
Roof, Elevations & Shade Pavilion Plan 2037-19Cd Sheet 3 of 3	Douglas Design	14/02/2020
Landscape Plans
LPDA 20-16 Hardscape Plan Rev. B - Sheet 1 of 3	Conzept Landscape Architects	14/02/2020
LPDA 20-16 Landscape Plan Rev. B - Sheet 2 of 3	Conzept Landscape Architects	14/02/2020
LPDA 20-16 Detail & Specification Rev. A - Sheet 3 of 3	Conzept Landscape Architects	11/02/2020
Stormwater Management Plans
18438 - Issue A Drawging Nos. C1, C2, C3 and C4	Natasi and Associates	29/07/2019

Document(s)	Dated
Arborist Report prepared by Redgum Horticultural Consultants Ref: 4825	21 May 2019
Basix certificate No. 1029469S_02	14 February 2020
Bush fire risk assessment and certification prepared by Building Code & Bushfire Hazaed Solutions Ref: 191106	14 February 2020
Colour Schedule of External Materials Ref: 126 Boundary Road Wahroonga	undated
Design Statement prepared by Douglas Design Ref: DA0403/19	14 February 2020
Rural Fire Service Determination Letter Ref: DA-2019-03676	30 October 2019
Waste Management Plan prepared by Mr R. Machado	07/09/2019

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

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 Development Consent prevail.

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

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

3. Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (i.e. fibro), must be carried out in accordance with the guidelines for asbestos work published by Safework NSW.

Reason: To ensure public safety.

4. Notice of commencement

At least 48 hours prior to the commencement of any demolition, excavation or building works, a notice of commencement of building works or subdivision lodgement form and appointment of the Principal Certifier form shall be submitted to Council.

Reason: Statutory requirement.

5. Notification of builder’s details

Prior to the commencement of any works, the Principal Certifier 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. Tree protection fencing

Prior to the commencement of any works, the tree protection zone of the listed trees is to be fenced off at the specified radius from the trunk/s to prevent any activities or storage of material within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work.

Tree/Location	Radius in metres
Eucalyptus sp/ front setback	4m

Reason: To protect existing trees.

7. Tree protective fencing type galvanised mesh

Prior to the commencement of any works, tree protection fencing shall be constructed of galvanised pipe at 2.4 metres spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres.

Reason: To protect existing trees.

8. Inspection of tree protection measures

Upon installation of the required tree protection measures, an inspection is to be conducted by the project arborist or the Principal Certifier to verify that tree protection measures comply with all relevant conditions of this Development Consent.

Reason: To protect existing trees.

9. Swimming pool maintenance

Prior to the commencement of any works the Principal Certifier is to be satisfied that, if any water is held within the swimming pool:

a) the quantity of water in the pool is maintained at a minimum of 50% of the capacity of the pool

b) the clarity of the water in the pool is maintained through chlorination either by automatic or manual dosing

c) a swimming pool barrier is in place and maintained in accordance with the NSW Swimming Pools Act 1992

Reason: To ensure the swimming pool does not present a risk to health or safety.

Conditions to be satisfied prior to the issue of the construction certificate OR SUBDIVISION WORKS CERTIFICATE:

10. Amendments to approved landscape plans

Prior to the issue of any Construction Certificate, the Certifier shall be satisfied that the approved landscape plan(s), listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this Development Consent:

Plan no.	Drawn by	Dated
LPDA 20-16 Hardscape Plan Rev. B - Sheet 1 of 3	Conzept Landscape Architects	14/02/2020
LPDA 20-16 Landscape Plan Rev. B - Sheet 2 of 3	Conzept Landscape Architects	14/02/2020
LPDA 20-16 Detail & Specification Rev. A - Sheet 3 of 3	Conzept Landscape Architects	11/02/2020

1. The raised garden retaining walls, situated along the site’s eastern side boundary, must have a minimum 2 metres side setback clearance measured from the side boundary and must maintain natural ground level from the outerface of the retaining wall to the boundary. The perimeter of the site must provide subsoil drainage to minimise discharge onto adjoining properties. All subsoil drainage shall be collected and connected into the site’s drainage system.

2. The height of the waterwall feature is to be reduced to 1.8 metres measured from the surface of the pool paving and the waterwall feature shall have a side setback measuring no less than that of the western edge of the pool paving, which measures 2 metres.

Reason: To respect the natural topography of the land and to mitigate the visual impact of the waterwall feature.

11. Privacy

Prior to the issue of any Construction Certificate, plans and specifications shall be submitted to the Certifier demonstrating compliance with the following:

· Windows C1, C2 and D1, within the Master Bedroom and Bedroom 2, must have a minimum sill height of 1.5 metres above the finished floor level (FFL) and must be openable to satisfy BCA ventilation requirements. Alternatively, the window/s may be permanently fixed to this height (that is the windows are not to swing, tilt or lift open) with obscure glazing provided up to a height of 1.6 metres above the FFL. The window must be manufactured with the bottom section permanently fixed and fitted with obscure glazing.

Note: Adhesive film is not acceptable and normal double hung windows with the bottom panel fixed are also not permitted as the fixing can easily be reversed.

Reason: To ensure that privacy is maintained to the adjoining property at 124 Boundary Road.

12. Compliance with BASIX Certificate

Prior to the issue of any Construction Certificate, the Certifier shall be satisfied that all commitments listed in the approved BASIX Certificate (referred to under Condition 1) are detailed on the plans forming the Construction Certificate.

Reason: Statutory requirement.

13. Long service levy

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.

14. 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 Certifier 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.

15. Acoustic design report

An acoustic design report shall be prepared by an appropriately qualified acoustic consultant and submitted to the Certifier with the application for any Construction Certificate. The acoustic design report shall identify all mechanical ventilation equipment and other noise generating plant including, but not limited to air conditioners, car park exhaust, bathroom/toilet and garbage room exhaust, roller shutter doors and lifts proposed as part of the approved development.

The acoustic design report shall provide acoustic design detailing and recommendations to address any potential noise impacts 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 exceed the background level at night (between 10.00pm - 7.00am) when measured at the boundary, balcony or external living area of the nearest potentially affected residential occupancies.

A Construction Certificate shall not be issued unless the Certifier is satisfied that the acoustic design report satisfies the requirements of this condition and that the proposal will be constructed in accordance with its requirements.

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

16. Driveway crossing levels

Prior to issue of any 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 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 Council’s Customer Services counter 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 pedestrians and vehicular traffic.

17. Utility provider requirements

Prior to issue of any 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 Certifier, must be obtained. All utility services or appropriate conduits for the same must be provided 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, SUBDIVISION WORKS CERTIFICATE or prior to demolition, excavation or construction (whichever comes first):

18. 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 any 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 an 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.

19. Construction Certificate plans

The Construction Certificate plans must be consistent with the approved plans and documents referred to in Condition No. 1 of this Development Consent.

Reason: To ensure that the works are carried out in accordance with the Development Consent.

20. Bush fire risk certification

Prior to the issue of any Construction Certificate, the Certifier must be satisfied that the Construction Certificate is in accordance with the requirements in the document prepared by the NSW Rural Fire Service and listed in Condition 1 of this consent.

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

21. Section 7.12 development contributions

In accordance with Section 4.16 of the Environmental Planning and Assessment Act 1979 and Ku-ring-gai S94A Contributions Plan 2015, $17,957.00 based on development costs of $1,795,700.00, shall be paid to Council to provide for additional local infrastructure improvements in accordance with the works programme listed in the s94A Contributions Plan. (Sections of the Environmental Planning and Assessment Act have been renumbered and former s94A is now known as s7.12).

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). Inflation is applied on all the Ku-ring-gai Contributions Plans on the same date, being the day after the release of the Residential Property Prices Index by the Australian Bureau of Statistics (ABS). Contact Council to ensure your payment is current prior to payment. See Council’s website for more information about inflation and paying contributions.

The monetary contributions shall be paid to Council:

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

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

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

(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 Certifier 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 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.

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

22. 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.

23. 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 4.17 (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

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

Reason: Statutory requirement.

24. 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.

Demolition and/or excavation using machinery of any kind 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 demolition and/or excavation using machinery of any kind 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 Transport for NSW (TfNSW) 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 regulatory action.

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

25. 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 Certifier.

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

26. 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 Certifier 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 height of 1.6 metres above natural ground 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.

27. 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 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 at least daily

· no advertising or signage is permitted to be attached to dust cloth material

Reason: To protect the environment and the amenity of surrounding properties.

28. 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 footpath 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.

29. Toilet facilities

1. Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons working at the site.

2. Each toilet must:

a. be a standard flushing toilet connected to a public sewer, or

b. have an on-site effluent disposal system approved under the Local Government Act 1993 <https://www.legislation.nsw.gov.au/>, or

c. be a temporary chemical closet approved under the Local Government Act 1993 <https://www.legislation.nsw.gov.au/>.

Reason: Statutory requirement.

30. 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.

31. 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 (2009) “Manual for Uniform 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.

32. Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicant’s 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.

33. 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 Certifier and Council officers.

Reason: To protect the environment from erosion and sedimentation.

34. Landscape works near trees

To avoid tree impacts, all landscape works such as soil preparation, soil spreading, mulching and planting shall be carried out by hand within the specified radius of the following tree.

Tree/location	Radius in metres
Eucalyptus sp/ front setback	4 metres

Reason: To protect existing trees.

35. Retention of tree roots

No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period. All pruning of roots less than 50mm in diameter shall be undertaken by an experienced arborist/horticulturalist, with a minimum AQF Level 3 qualification.

Tree/location	Radius in metres
Eucalyptus sp/ front setback	4 metres

Reason: To protect existing trees.

36. Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be carried out by hand digging and/or by an air knife and shall be supervised by an experienced arborist/horticulturist, with a minimum AQF Level 3 qualification. The arborist /horticulturalist shall provide a report to the Principal Certifier confirming compliance with this condition:

Tree/Location	Radius in metres
Eucalyptus sp/ front setback	4 metres

Reason: To protect existing trees

37. No storage of materials beneath trees

No activities, soil compaction, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Development Control Plan at any time unless specified in other conditions of this Development Consent.

Reason: To protect existing trees.

38. 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.

39. 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 Council officer.

Reason: To protect the environment.

40. Maintenance of site

All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

During construction:

· all vehicles entering or leaving the site must have their loads covered and

· all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

At the completion of the works, the work site must be left clear of waste and debris.

Reason: To ensure the site is appropriately maintained.

41. Swimming pool maintenance

During demolition, excavation or construction if water is held within the swimming pool:

a) the quantity of water in the pool is maintained at a minimum of 50% of the capacity of the pool; and

b) the clarity of the water in the pool is maintained through chlorination either by automatic or manual dosing; and

c) a swimming pool barrier is in place and maintained in accordance with the NSW Swimming Pools Act 1992.

Reason: To ensure the swimming pool does not present a risk to health or safety.

42. Site fencing

The site must be secured and fenced prior to works commencing. 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.

If the work involved in the excavation, 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 (note that separate approval is required prior to the commencement of works to erect a hoarding or temporary fence on public property).

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons on public property.

The site shall be secured/locked to prevent access at the end of each day.

Any hoarding, fence or awning is to be removed when the construction work has been completed.

Reason: To ensure public safety.

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

43. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that all commitments listed in approved BASIX Certificate (referred to under Condition No 1) have been complied with.

Reason: Statutory requirement.

44. Completion of landscape works

Prior to the issue of an Occupation Certificate, the Principal Certifier is to be satisfied that all landscape works, including the removal of all environmental weed species as listed in Council’s Weed Management Policy and/or species listed within Council’s Development Control Plan, 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.

45. Retention and re-use positive covenant

Prior to issue of an Occupation Certificate, the 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 shall be created.

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 the Water Management Part 24R.8.2 of the relevant Ku-ring-gai Development Control Plan 2015). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the NSW Land Registry Services 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 Certifier prior to issue of an Occupation Certificate.

Reason: To ensure appropriate storm-water management.

46. Certification of drainage works

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

1. The stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans.

2. The minimum retention and on-site detention storage volume requirements of Ku-ring-gai DCP 2015 Part 24 ‘Water Management’ have been achieved. Council’s On-Site Detention And Retention Certification sheet shall be completed.

3. Retained water is connected and available for use.

4. All grates potentially accessible by children are secured.

5. Components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2018 and the Building Code of Australia.

6. 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.

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 ensure appropriate stormwater management.

47. Works as executed plans for stormwater management and disposal

Prior to issue of an 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 Certifier prior to issue of an 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 Certifier stamped construction certificate stormwater plans.

Reason: To ensure appropriate stormwater management.

48. OSD positive covenant/restriction

Prior to issue of an Occupation Certificate, 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 shall be created.

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 the Water Management Part 24R.8.1 of the relevant Ku-ring-gai Development Control Plan 2015). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the NSW Land Registry Services 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 Certifier prior to issue of an Occupation Certificate.

Reason: To ensure appropriate stormwater management.

49. On-site detention system marker plate

A marker plate is to be permanently attached and displayed within the immediate vicinity of the On-Site Detention System prior to the issue of the Occupation Certificate.

This marker plate can be purchased from Council.

Reason: To prevent unlawful alteration.

50. Swimming pool (part 1)

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

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

2. All mechanical equipment, including filters, pumps and heaters associated with the swimming and/or spa are housed within an enclosure. The enclosure is to be sound-proofed to the extent that noise from the operation of the mechanical equipment does not exceed 5dB(A) above the background noise (LA90, 15 min) level during the day when measured at the boundary of the nearest potentially affected residential occupancies properties and is not audible in habitable rooms of any adjoining residences at night (from 8.00pm to 7.00am). The background (LA90, 15 min) level is to be determined without the noise source present.

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

Reason: Statutory requirement to ensure the safety of children and to protect the amenity of surrounding properties.

51. Bush fire risk certification

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that all requirements in the document prepared by the NSW Rural Fire Service and listed in Condition 1 of this consent have been complied with.

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

52. Garbage and recycling facilities - residential premises

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that the waste storage area has been installed in the basement and adequately contains the waste bins, has rendered internal walls that are coved at the floor/wall intersection, has a floor that is graded and drained to the sewer and is provided with a tap with hot and cold water to facilitate cleaning.

Reason: To protect residential amenity and to prevent environmental pollution.

53. Mechanical noise control

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that the mechanical ventilation systems and other plant, including but not limited to air conditioners, car park and garbage room exhaust, roller shutter doors 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. The background (LA90, 15 min) level is to be determined without the source noise present. Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifier.

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

Conditions to be satisfied at all times:

54. Compliance with bush fire requirements

All ongoing recommendations identified in the approved document prepared by the NSW Rural Fire Service and listed in Condition 1 of this consent, must be complied with at all times.

Reason: To ensure the continual implementation of measures to manage bushfire risk.

55. Noise control - rainwater re-use system

Noise levels associated with any rainwater re-use system/s shall not to 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 (between 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 protect the amenity of surrounding residents.

56. Noise Control - Air Conditioning

Noise levels associated with air conditioning units shall not exceed more than 5dB(A) above the background noise (LA90, 15 min) level during the day and evening, when measured at the boundary of the nearest potentially affected residential occupancies and shall not operate at a noise level that is audible in habitable rooms of any adjoining residences at night (between 10pm and 7am). The background (LA90, 15 min) level is to be determined without the source noise present.

Reason: To protect the amenity of surrounding residents.

57. Swimming pool (part 2)

1. Access to the swimming pool must be restricted by a child resistant barrier in accordance with the Swimming Pools Act 1992.

2. Noise levels from the operation of mechanical equipment, including filters, pumps and heaters associated with the swimming pool, shall not exceed 5dB(A) above the background noise (LA90, 15 min) level during the day when measured at the boundary of the nearest affected residential occupancies and not be audible in habitable rooms of any adjoining residences at night (8.00pm and 7.00am). The background (LA90, 15 min) level is to be determined without the source noise present.

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

4. 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: To ensure the safety of children and protect the environment and amenity of surrounding properties.

Ku-ring-gai Local Planning Panel Meeting - 15 June 2020	GB.1 / 3

Item GB.1	DA0403/19

Report title:	126 BOUNDARY ROAD,WAHROONGA - demolition of existing dwelling and construction of a new 2 storey dwelling house with associated landscape works
ITEM/AGENDA NO:	GB.1

Attachments:	A1 ⇩	Development Assessment report	2020/109771
	A2 ⇩	Location map	2020/137421
	A3 ⇩	Zoning map	2020/137426
	A4 ⇩	Architectural plans	2020/138865
	A5 ⇩	Landscape plans	2020/047926
	A6 ⇩	Stormwater plans	2020/047908
	A7 ⇩	Amended design statement	2020/047894
	A8 ⇩	Amended Bushfire Landscape Compliance Certificate	2020/047900
	A9 ⇩	Arborist report	2019/293652
	A10 ⇩	Site survey	2019/293688
	A11 ⇩	Waste management plan	2019/293691
	A12 ⇩	RFS determination	2020/137703

Application No:	DA0403/19
ADDRESS:	126 Boundary Road, Wahroonga
Ward:	Wahroonga
description of proposal:	Demolition of existing dwelling and construction of a new 2 storey dwelling house with associated landscape works
Applicant:	Roland Machado C/- Douglas Design
Owner:	Mr R and Mrs R Machado
Date Lodged:	26 September 2019
submissions:	Five
assessment officer:	Phillip Johnston
Recommendation:	Approval