INDEPENDENT HEARING AND ASSESSMENT PANEL

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1 Waverley Council PO Box 9, Bondi Junction, NSW 1355 DX Bondi Junction. Telephone: Fax: TTY: (For hearing impaired) Website: 24 July 2012 A meeting of the INDEPENDENT HEARING AND ASSESSMENT PANEL will be held in the Queens Park Room, Level 3, Waverley Council Chambers, Corner Bondi Road & Paul Street, Bondi Junction at: 6.00PM, WEDNESDAY, 1 AUGUST 2012 COMMITTEE MEMBERS: Tina Spiegel (Chair) Jocelyn Jackson John O Grady Julius Medgyessy QUORUM: Three Panel members. Tony Reed GENERAL MANAGER

2 AGENDA IHAP-1208.A Apologies IHAP-1208.DI Declarations of Interest MATTERS TO BE SUBMITTED TO THE DEVELOPMENT CONTROL COMMITTEE WITH A RECOMMENDATION FROM THE PANEL IHAP PAGE 3 2C Queens Park Road Queens Park Modify trading hours for approved storage facility (DA 235/2012). Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. IHAP PAGE Hall Street. Bondi Beach Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings (DA 141/2012) Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Independent Hearing & Assessment Panel Meeting Wednesday, 1 August

3 2C Queens Park Road Queens Park Modify trading hours for approved storage facility (DA 235/2012). Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to the IHAP and DCC given the number of submissions received. Development Assessment Report Development Application No. 235/2012 Address 2c Queens Park Road (aka 10 Lynch Avenue) Queens Park Lodgement Date 7 June 2012 Proposal Extend trading hours of self storage unit to include by appointment during business hours on an as required basis Zoning and relevant controls Residential 2(a) under Waverley LEP 1996 Queens Park Heritage Conservation Area Waverley DCP 2010 Owner Simon and Georgina Carless Applicant Simon Carless Submissions 10 Issues Existing use rights and trading hours Recommendation APPROVAL Site Map 3

4 1. PREAMBLE 1.1 The Site and its Locality The site is located in the middle of the street block bound by Lynch Avenue, Denison Street, Queens Park Road and York Road. Access to the site is via two (2) right-of-carriage ways, one off Lynch Avenue and the other off Queens Park Road. The site is hatched-shaped and has an area of 722.3m². The existing building on the site is built from boundary to boundary and comprises a singlestorey warehouse, currently used as a storage facility. The surrounding development in the street block is all residential and comprises a mix of one to two storey dwelling houses and residential flat buildings. 1.2 Background A search of Council s files revealed the following property history relevant to the site: DA 61/1982 Approved 9 July 1982 for minor alterations to and the erection of internal storage bins within the existing building. The conditions of consent listed on the 1982 approval included: 2. The access-way leading to Lynch Avenue to be paved with material selected by, and to the satisfaction of the Municipal Engineer/ Town Planner prior to commencement of operation. 3. The number of employees to be limited to 1 excluding the principals. 4. Storage to be restricted to household furniture and personal effects and light commercial storage. 5. Operating hours to be limited to Wednesday, Friday and Saturday from 12 noon to 6pm. 6. All loading and unloading of goods to take place within the building. DA 727/2008 Refused 28 April 2009 for signage. DA 386/2011 Refused 22 May 2012 for conversion of warehouse to a dwelling house and second dwelling Proposal Description The current proposal seeks to extend the opening hours of the facility as follows: To allow client access by appointment during business house on an as required basis. The range of hours proposed are between 10 and 6pm, 7 days. 4

5 2. ASSESSMENT The following matters have been considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act Section 79C(1)(a) Planning Instruments State/Regional Environmental Planning Policies SEPP No.55 Contaminated Land Clause 7 of the SEPP requires Council to consider whether the land is contaminated. In a previous application (DA 386/2011) for residential development of the site, a Stage 1 Preliminary Environmental Site Assessment was carried out by Environmental and Geo- Science Consultants which in relation to the use of the land for residential purposes, concluded that there was no evidence of any major contaminants, would not pose any impacts upon adjoining properties from contaminants; and that further investigation was not required. Council s Environmental Health Officers, having reviewed the Assessment, concurred with the findings. Nevertheless, this application is modify trading hours only and contamination is not relevant Waverley Local Environmental Plan 1996 Clause 3 Specific Aims The proposal is not considered contrary to the specific aims of the LEP. Clause 10 Zone Objectives The objectives of the zone are: (a) To allow for housing only in the form of dwelling houses and boarding houses (b) To maintain and improve the amenity and existing characteristics of localities predominantly characterised by dwelling houses; and (c) To allow certain non residential uses of low intensity which are compatible with the character and scale of low density housing. Given the nature of the proposal, ie to extend the hours to allow a by appointment opening during business hours, the use is considered of low intensity. The warehouse/ storage use is a not a permitted use in the zone however and would rely on existing use rights. Clauses Environmental Considerations The proposal is considered compliant with these considerations. 5

6 Clause 30 Aesthetic Appearance of Development There is physically no change to the design of the development and as such it is considered satisfactory in this regard. Clause 45 Heritage Provisions The site is with the Queens Park Conservation Area. No building work is proposed in the application and as such no objections from a heritage viewpoint are raised. Existing Rights Use and background The site is zoned residential 2(a) under the Waverley LEP The use of a storage facility is not listed as a permitted use in the zone and has been acknowledge in the report for the change of use to residential as being a non conforming land use (DA-386/2011). Division 10 of the Environmental Planning and Assessment Act (the Act) deals with existing use rights. Section 106 of the Act defines existing use. In this regard the activity was approved on 9 July The use is currently operating under that approval. In this regard, the proposal is considered to have existing use rights. The proposal does not seek to carry out alterations to the building or change the use from one use to another, but to increase the hours of use. Section 108 of the Act refers to the Regulations which can allow for: (a) the carrying out of alterations or extensions to or the rebuilding or a building or work being used for an existing use, and (b) the change of an existing use to another use, and (c) the enlargement or expansion or intensification of an existing use. Under the Environmental Planning and Assessment Regulation 2000, Part 5 deals with existing use rights. There is a restriction on existing uses and it is contained in clause 41(2) which states: However, an existing use must not be changed under subclause (1)(e) or (f) unless that change: (a) involves only alterations or addition that are minor in nature does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and (b) does not involve the rebuilding of the premises associated with the existing use, and (c) does not involve a significant intensification of that existing use. In relation to the above and as indicated in this report, the proposal does not seek a change of use, and is not considered to represent a significant intensification of the use on the site. Clause 42 requires development consent for and enlargement, expansion or intensification and restricts the activity to the land on which the existing use was carried out. 6

7 Draft LEP The dlep 2011 has been exhibited and therefore requires consideration in the assessment of this proposal. Under the draft LEP, the land is proposed to be zoned R2 Low Density Residential. The draft controls are not materially different to the current controls in relation to the use of the site. The use remains a non permitted activity Waverley Development Control Plan 2010, Part E1 Hours of Operation Part E1, clause 2.3 sets hours of operation for various zones. The use would best fit into the Type B category. In the residential zone the maximum hours are: 7am to 9pm seven days a week. The premises currently operate 12 midday till 6pm Wednesday, Friday and Saturday. The hours proposed are within the range outlined in the DCP. The hours proposed are within the range outlined in the DCP. It is however noted that the applicant, as advised on the face page of the development application submitted is not seeking to change the hours fully to 10am to 6pm, 7 days, but rather to keep the core times on Wednesday, Friday and Saturday and make the premises available by appointment at other times during the 10am and 6pm, 7 days range. Given that the premises are subject to existing use rights, the DCP can be used as a guide and the hours proposed are within the range foreseen in the DCP for Type B developments in residential zones Other Matters Right of way The vehicle access way off Lynch Avenue to the site is via a right of way. The applicant has provided a copy of the right of way which states: (a) This right of carriageway shall be subject to and not interfere with the right of the owner of the servient tenement for the time being to park or allow to be parked motor vehicles on the site of the right of carriageway notwithstanding that such parking may prevent access to or egress from the dominant tenement by a motor vehicle (b) This right of carriageway shall not apply during the hours between 12 noon and 6pm on Wednesdays, Fridays and Saturdays and (c) The owner of the dominant tenement for the time being shall pay to the owner of the servient tenement for the time being all reasonable proportionate costs and expenses in relation to any upkeep and maintenance of the right of way which the owner of the servient tenement for the time being may elect to undertake. Broadly the terms in the above are defined as: Servient tenement: land which is burdened by an easement Dominant tenement: land which has benefits from or has the advantage of an easement 7

8 In this regard, the owner of the subject site owns the land over which a right of carriage way to the garages of properties off Denison and York Road have access to their rear garages. The issues and management or the right of carriageway are between the owner and the neighbours. 3 REFERRALS 3.1 External Nil. 3.2 Internal Nil. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. Having regard to the original approval and the current variation of hours, the proposal, as reviewed and conditioned is considered to have a minimal and acceptable impact on the natural and built environment and no adverse social or economic impacts on the locality. The preceding report deals with any impacts. Section 79C(1)(c) - The suitability of the site for the development. The site enjoys existing use rights and can continue to operate under the original development consent and in accordance with the provisions of the Environmental Planning and Assessment Act. 4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 Advertised and Notified Development. 10 submissions were received. The issues raised in the submissions are summarised and discussed below. Property Location Summary of Objections 219 Denison Street, Queens Park 2a Queens Park Road, Queens Park Adjoining to the north east of the site Adjoining to the south west Use of Lynch Avenue by large vehicles including furniture trucks Danger to children playing in the rear lane Increased noise and pollution Inappropriate use in the zone Storage facility has no onsite parking Inappropriate use in the zone Building occupies full site Use of the land off Queens Park 8

9 Property Location Summary of Objections 84 Rawson Street, Queens Park 8 Lynch Avenue, Queens Park 221 Denison Street, Queens Park 6 Lynch Avenue, Queens Park 225 Denison Street, Queens Park 223 Denison Street, Queens Park 1/2B Queens Park Road, Queens Park To the north across Lynch Ave Adjoining to the north west of the site Adjoining to the north east of the site Adjoining to the north west of the site Adjoining to the north east Adjoining to the north east Adjoining to the south east Road for loading and unloading Use of access off Queens Park Road would impact on traffic in Queens Park Road Use of access off Queens Park Road would result in a loss of amenity to the adjoining residential flat buildings Non compliance with condition that all loading and unloading take place within the building Heritage residential area Impact on Lynch Avenue road surface by trucks Container trucks unload in Lynch Avenue, blocking traffic Prefer residential use Inappropriate use in the zone Contrary to LEP zone objective in relation to low intensity Increased noise Disruption of access to rear garages Light nuisance from headlights No acoustic report submitted Disruption of access to rear garages Increased noise Increased traffic in Lynch Avenue Lack of parking for Lynch Avenue residents Disruption of access to rear garages Inappropriate use in the zone If extension of hours granted may increase in the future if sold Extension of hours of right of way would result in no access to the rear of their property Parking issues in Denison Street Inappropriate use in the zone Use of the land off Queens Park Road for loading and unloading Non compliance with condition that all loading and unloading take place within the building 9

10 Property Location Summary of Objections 4 Lynch Avenue, Queens Park Adjoining to the north west Exclusive use of right of way off Queens Park Road for parking by the owner Safety of use of Lynch Lane by pedestrians Existing situation of traffic congestion and flow in Lynch Avenue Damage to Lynch Avenue by large trucks Suggests use of access from Queens Park Road for out of hours appointments Increased noise Loss of amenity If extra hours are granted that they be restricted to not exceed 12 hours and be between noon and 6pm. Use of Lynch Avenue by large vehicles including furniture trucks and damage to the roadway. comment: A requirement of the 1982 development consent was that All loading and unloading of goods to take place within the building. Given the limited height of the building, this would not facilitate large vehicles. It may be that the development is not operating in accordance with this consent and this will need to be reaffirmed by Council to the applicant. By the placing of the conditions in the original consent, particularly condition 3 (limiting employees), 4 (restriction on articles to be stored) and 5 (restriction on hours), it would appear that a low intensity use was envisaged for the site and smaller vehicles. Disruption of access to rear garages. comment: The land is owned by the applicant and subject to a right of carriageway. As such, the land is not managed by Council as would a normal street be and is subject to the restrictions of the right of way and a matter between the owner and any adjoining residents who may enjoy access over the land. Danger to children playing in the rear lane. comment: The use of the laneway or road for children playing, whilst not uncommon is not condoned and the objection on this basis cannot be supported. 10

11 Increased noise and pollution and loss of amenity. comment: The proposal by its minor nature will result in some increase in noise from vehicles, however as the activity seeks approval for an increase in hours to allow by appointment access, it is not considered that this will represent a substantial increase in noise levels, pollution or result in a loss of residential amenity. The activity has been operating from the site for 30 years and as such, new residents would have been aware of the activity at the time of purchase. Inappropriate use in the zone. comment: The activity on the site was approved in 1982, and as such has been in operation for 30 years. The site enjoys existing use rights and can continue to operate in accordance with the conditions of consent as may be amended by Council from time to time. Storage facility has no onsite parking. comment: The provision of onsite parking was not a requirement in the 1982 development consent. It is however noted that the applicant owns the land which is the access off Lynch Avenue and the land which is the access from Queens Park Road. These sections of the applicant s land are subject to rights of way and the use and parking on them are subject to the stipulations in the right of way documents, and not subject to Council consideration. Building occupies full site. comment: The building occupies the majority of the site, excepting the land which forms the accesses. The proposal does not seek to increase the size of the development. Exclusive use of right of way off Queens Park Road for parking by the owner. comment: The land in question is owned by the applicant. The management and use of the land is subject to the right of carriageway over the land and is a matter between the owner and the neighbours who may or may not have use of the land. Use of the land off Queens Park Road for loading and unloading. comment: The proposal relates only to an extension of hours. Condition 6 of the 1982 consent would preclude the use of the access of Queens Park Road, as it would not be possible to comply with this condition due to the narrow opening that would not facilitate all loading and unloading of goods to take place within the building. The applicant in response to the objections has also indicated that the use of the access from Queens Park Road is not possible and not planned in relation to accessing the facility. A new condition confirming this undertaking is recommended. 11

12 Use of access off Queens Park Road would impact on traffic in Queens Park Road. comment: See above comment. Use of access off Queens Park Road would result in a loss of amenity to the adjoining residential flat buildings. comment: See above comment. Non compliance with condition that all loading and unloading take place within the building. comment: Condition 6 of DA61/1982 requires: All loading and unloading of goods to take place within the building. If this is not occurring the issue will be brought to the owner/ applicant s attention. Suggests use of access from Queens Park Road for out of hours appointments. comment: This suggestion is not supported as it would be contrary to the 1982 development consent, particularly condition 6. If extra hours are granted that they be restricted to not exceed 12 hours and be between noon and 6pm. comment: The hour range between 10am and 6 pm by appointment and the retention of the original core hours, as conditioned in this report are considered suitable and in keeping with the Waverley DCP. Increased traffic in Lynch Avenue. comment: The proposal is likely to result in a small increase in vehicles in Lynch Avenue, however as indicated above, it may be that the vehicles that currently access the site and non compliance with condition 6 of the consent results in the current resident dissatisfaction with the operation of the premises. Lack of parking for Lynch Avenue residents. comment: Lynch Avenue is a public street and available for parking subject to any parking restrictions. The right of carriage way is subject to its own restrictions which are independent of Council. 12

13 Parking issues in Denison Street. comment: The proposal is not expected to significantly impact on parking in Denison Street. Denison Street properties requiring use of the right of carriageway are subject to the restrictions of the access. Preference for residential use of site. comment: DA 386/2011 was refused for the residential use of the site. Refer to the refusal notice for reasons for refusal. The application for residential redevelopment of the site to 2 dwellings attracted 16 submissions objecting to the proposal. Light nuisance from headlights. comment: Given the nature of the proposal, this objection is not supported. No acoustic report submitted. comment: Given the nature of the proposal and acoustic report is not required. Such reports are usually requested when Council is considering extensions of trading hours for licensed or entertainment venues. In response to the objections, the applicant has reviewed the objections and provided a response which can be summarised as follows: The premises contain 26x11m³, 55 x5m³, and 4x7m³ and 18 x 1m³ storage units. The larger usually involves a truck, the smaller units usually a station wagon or car. In the last 12 months there were 94 move-in/ move outs, as well as people who visit the site to access their locker. The applicant s log indicates this to be 167 visits over the same 12 month period. The use of the right of way by neighbours far exceeds the use by the applicant and his clients. The right so carriage was is a situation either signed off by previous owners or a situation new owners would have been aware of when they purchased. The applicant is not seeking to alter the right of way provisions. The right of way is an access only. It is not a right to park or place bins or for children to play, it is PRIVATE land. The business has no impact on street parking as clients all park legally on the applicant s land. The 30% increase in business refers to the fact that at the moment the storage is at currently only at 70% capacity. Section 79C(1)(e) - The public interest. Notwithstanding the number of objections and localised concerns of residents the proposal, as conditioned below is not considered contrary to the public interest. 13

14 5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW This is a stand alone application for modified trading hours, as opposed to a Section 96 application to modify the existing 1982 consent for the existing storage facility. The application seeks to increase the hours when the storage facility can be accessed. The use of the site relies on existing use rights as a non permitted land use. The application attracted 10 objections. The hours sought are reasonable given the nature of the use and Council s trading hours policy. The extended hours are also to be by appointment only. Indeed, the DBU has inspected the site and this is a very small storage facility that has limited capacity to create a nuisance. On balance the proposal is supported, however the applicant is to be advised to comply with the original conditions of consent. The application is recommended for consent subject to conditions. 6. RECOMMENDATION That Development Application No. 235/2012 at 2c Queens Park Road (aka 10 Lynch Street), Queens Park for extension of trading hours to allow for by appointment trading between the hours of 10am and 6 pm, 7 days be approved by Council, subject to the following conditions:- 1. HOURS OF OPERATION The operating hours are to be limited to Wednesday, Friday and Saturday between the hours of 10am and 6pm and outside those hours by appointment only. Any additional operations are to be by appointment and restricted to between the hours of 10am and 6pm, Monday to Tuesday and Sundays. This approval does not authorise an increase in the hours of opening of the premises other than on the by appointment basis. 2. COMPLIANCE WITH CONDITIONS OF DA61/1982 The applicant is to ensure compliance with conditions of consent 61/1982 and dated 9 July 1982, except as amended by this approval. 3. NOISE EMISSIONS The use of the premises shall not give rise to: (a) Transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy; (b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AIR EMISSIONS The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, 14

15 dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise. 5. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. 6. NO USE OF ACCESS OFF QUEENS PARK ROAD The access area off Queens Park Road is not to be used for handling / delivery / pick-up of storage items and access to the premises by the general public. j:\home\pes\da assessment team reports\queens park rd 2c\report\queens park rd 2cihapdcc.doc 15

16 89 Hall Street. Bondi Beach Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings (DA 141/2012) Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to the IHAP / DCC given the number of submissions received. Development Assessment Report Development Application No. Address DA-141/ Hall Street. Bondi Beach Lodgement Date 13 April 2012 Proposal Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings. Zoning and relevant controls Business General 3(a) under WLEP 1996 Waverley DCP 2010 Owner Hall Street Pty Ltd Applicant Cumberland Building Services Pty Ltd Submissions Issues Eight (8) Objections Non compliance with LEP (Height and FSR) Non provision of parking, Neighbour submissions Recommendation That the application be APPROVED Site Map 16

17 1. PREAMBLE 1.1 The Site and its Locality The site is a triangular shaped allotment on the corner of Hall Street and O Brien Street, Bondi Beach. The site has a slight cross fall from south to north and west to east. The site has a frontage of 25.43m to Hall Street and 31.06m to O Brien Street. The site has an area of sqm. The site is currently occupied by a part 2, part 3 storey mixed development comprising 2 shops at ground level and 3 dwellings above. No parking is provided on site. The existing building fully occupies the site and there are no trees on the site. The building is subject to a Fire Order and is vacant. The site is not listed as a heritage item nor located in a heritage conservation area. 1.2 Background PD 24/2011 A pre-lodgement meeting was held to discuss an initial proposal for the site. Issues that the applicant was required to address included: Building FSR Building height Dwelling mix Parking Balconies Compliance with SEPP 65 The proposal submitted to Council has taken these issues into account and further assessment is contained in this report. 1.3 Proposal Description Development consent is sought to demolish the existing building and erect a 4 storey mixed development which will comprise: Ground floor: First floor: Second Floor: Third floor: Roof: 2 retail occupancies Lobby for the residential component off O Brien Street Services: residential and commercial bin storage, toilets for the retail area, bike storage and lift well. 2 x 1 bedroom dwellings each with 2 balconies. 2 x 1 bedroom dwellings each with 2 balconies. 2 x 1 bedroom dwellings each with 2 balconies. A green roof system. 17

18 2. ASSESSMENT The following matters have been considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act Section 79C(1)(a) Planning Instruments State/Regional Environmental Planning Policies SEPP No.55 Contaminated Land Clause 7 of the SEPP requires Council to consider whether the land is contaminated. The applicant has advised that the site has historically been a residential area with the current building constructed over 50 years ago. Therefore the potential for contamination by past or present site activities is low. In addition no excavation is proposed therefore there will be minimal subsurface disturbance. Accordingly, there is considered to be no contamination issue given the circumstances of the case SEPP Basix 2004 A BASIX report has been provided indicating compliance with the BASIX targets. State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development The application is subject to the provisions of SEPP 65. The application was referred to the Urban Design Review Panel. The comments of the Panel are contained in the Referral Section of this report. The Panel supported the proposal Waverley Local Environmental Plan 1996 Clause 3 Specific Aims The proposal is considered consistent with the Specific Aims of the LEP. Clause 10 Zone Objectives The zone objectives are: (a) To allow for retail, entertainment, tourist and commercial uses (b) To allow for residential development mixed with other permissible uses so as to encourage urban consolidation and increase the vitality of localities within this zone (c) To control the physical and functional characteristics of business centres so as to minimise their impact on neighbouring residential areas The proposal is considered consistent with the Zone Objectives of the LEP. Clauses Environmental Considerations The proposal is considered compliant with these considerations. A BASIX certificate has been submitted with the application verifying compliance with the NSW Government s requirements for sustainability. Also, the development is proposed to employ a green roof system that is endorsed. The average dwelling in the development achieves a 4.5 star rating and on average each dwelling uses 52% less cooling and 4% less heating energy than BASIX levels. 18

19 Clause 27 Floor space ratio COMPLIANCE CHECK Control Standard Proposed Compliance Floor space ratio Max 1:1 commercial (224.5m 2 ) Commercial 0.9:1 (203m 2 ) Yes Max 2:1 overall (449m 2 ) Overall 2.77:1 (622m 2 ) No (173m 2 above control) A State Environmental Planning Policy No 1 Objection has been submitted for the variation. The proposal is a reduction on the floor space ratio originally proposed in the pre-lodgement meeting. The site has a maximum overall 2:1 floor space ratio, including within that a cap of 1:1 for commercial. The commercial component is less than the 1:1 FSR maximum; however the total exceeds the 2:1 FSR. In total the development exceeds the maximum by 173m 2. The objective of the floor space requirement is: To control the size, bulk and scale of developments to reflect the existing and desired future character of the area. The applicant has submitted a SEPP 1 Objection to clause 27 of the Waverley LEP and seeks variation on the following basis: The proposed design achieves a better design outcome than that which would be achieved under the current development standards. It is considered to be a minor departure from the standard. The proposal seeks to provide a development similar in size and nature to the existing building and neighbouring developments. The proposal provides improved residential amenity to the public domain through the provision of balconies, garden terraces and landscaping. The additional FSR will not detrimentally increase overshadowing of neighbouring development. The proposed development will nevertheless meet the assumed objectives of the standard and the planning objectives for the locality. The applicant also points out in achieving the envelope envisaged by the 12m (or draft LEP and DCP 13m) height limit; a 4 storey building results. When combining the FSR control, the floor plates resulting are impractical. The applicant is of the view that to restrict the height to 3 storeys, the key site significance of the site would be lost. Having regard to the irregular shape of the allotment and its prominent location on the corner of O Brien and Hall Streets, the proposal would provide a strong element to the corner and the entrance into the lower retail/ commercial section of Hall Street. Given the unique location of the site it also results in a reduced impact to neighbouring properties. To comply with the requirement, a level of the building would be removed. This would result in a 3 storey building which when viewed in terms of the street wall to Hall Street, would be less than the anticipated 12-13m and 4 storey limits. The proposal is considered to meet the objective of the standard and for the above reasons is supported. 19

20 If approved, it is suggested a condition should be placed on any consent that the balconies attached to the dwellings are not to be fully enclosed. The balconies are designed with moving screens and these do not result in inclusion of the balconies in the floor space ratio calculation and maintain an open aspect to these sections of the building. Further, the proposal does not provide a roof terrace to O Brien Street and as such these balconies compensate for this lack of open space. Clause 28 - Height COMPLIANCE CHECK Control Standard Proposed Compliance Height 12m Up to 13.3m No (+1.3m) A State Environmental Planning Policy No 1 Objection has been submitted for the variation. The building is generally within the 13m height limit of the DCP, but over the LEP maximum at between and 12.9m in height. The roof parapet which screens the green roof extends above the height limit and results in a height variation of up to 300mm. It is noted that in the Draft LEP the height limit has been raised to 13m. The objective of the height standard is to: Ensure future development responds to the desired scale and character of the street and local area. Minimise the impact of attics and basement car parks on overall building height. Provide good residential amenity for apartments. The applicant has submitted a SEPP1 Objection to Clause 28 of the Waverley LEP. The SEPP 1 Objection suggests that the development standard is unreasonable and unnecessary for the following reasons: The proposed draft LEP height is 13m. A 12m height limit only allows a 3 storey building and a weak built form for the Key Site. The additional height is consistent with the surrounding streetscape. The roof garden provides considerable ESD benefits for both residents and the surrounding locality that exceeds Council s requirements. The height above 12.9m only includes the roof garden parapet which is setback approximately 1.5m from the boundary reducing any perceived bulk. It is considered to be a minor departure from the standard. The additional height will not detrimentally increase overshadowing of neighbouring development. The additional height improves the internal amenity of residential units and ensures the retail premises meet the relevant standards. The proposed development will nevertheless meet the assumed objectives of the standards and the planning objectives of the locality. The proposal is considered to meet the objectives of the standard and given the degree of variation, the nature of the site and minimal impact the variation would have on the surrounding area, the SEPP 1 Objection is considered well founded and supported. 20

21 Clause 45 Heritage Provisions The site is not listed as a heritage item, within a conservation area or within the vicinity of an item or conservation area. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed. Draft LEP The draft LEP 2011 has been exhibited and therefore requires consideration in the assessment of this proposal. Under the draft plan, the site will be zoned B4 Mixed Use Development. The height limit of the site is proposed to be 13m and have a 2:1 floor space ratio. The proposal would marginally not comply with the future height requirements and a reduced non-compliance with the FSR due to the change in the definition and manner of assessing floor space. The site is also located in a Class 5 area is terms of Acid Sulfate Soils. A condition relating to this matter is included in the recommendation to this report Waverley Development Control Plan 2010 Part D2 Multi Unit Housing; and Part F2 Bondi Beach Development Control Area The site is within 2 Development Control Areas as per Part F2 of the DCP: Areas 11 and 26. Area 11 - (frontage to Hall Street) - the controls require a proposal to: Enhance the existing character Maintain/ develop ground floor retail Provide continuous pedestrian cover Provide roof terrace to street frontage Provide special corner treatment Building to front boundary setback 3m over 9m for part of building Minimise footpath crossings Area 26 (frontage to O Brien Street) - the controls require a proposal to: Enhance the existing character Maintain/ develop ground floor retail Provide continuous pedestrian cover Provide special corner treatment In relation to the above the proposal meets the controls of the zone, including the 3m setback after 9m for the eastern section of the building fronting Hall Street. This area is utilised as an uncovered balcony for the upper level corner dwelling. 21

22 The variations are: No roof terrace provided to the Hall Street frontage the dwellings provided in the development have substantial private balconies. This removes the need for the roof top area. As discussed in this report the proposal seeks to provide a green roof environmental solution for the roof level of the building which in itself has environmental benefits. The proposal does not provide pedestrian cover in O Brien Street for part of the building. This will be a required as a condition of any consent issued. The corner of the development is reinforced by the screening which accentuates the corner and provides a strong element on this busy corner. This will be further enforced once retail activity commences in this corner occupancy. Clause 5.8 requires where a development contains 6 or more dwellings that a mix of dwellings be provided at the rate of: 35% studio or 1 bedroom dwellings 50% 2 bedroom dwellings 15% 3 bedroom dwelling In the development 100% are 1 bedroom dwellings. This is supported on the basis of nil parking provided and the limitations set by the floor space ratio for the site. The one bedroom dwellings without parking will assist in the provision of a more affordable form of accommodation in the area. The dwelling sizes comply with the DCP. Chapter F5 Local Village Centres Generic Controls The proposal is considered consistent with the Objectives and Planning Controls of the Local Village Centres section of the DCP. The proposal is with the Public Domain Objectives of the Local Villages Section of the DCP. The variation sought is that shop 1 (corner of Hall and O Brien) has a shop front width of 12m in lieu of 9-10m. This is compensated for in the design of the shop front by the division of the glazing into bays by the introduction of heavy masonry elements. The proposal is consistent with the Built Form Objectives of the Local Village Centres DCP. The development is not in a conservation area or in the immediate vicinity of any heritage items. The proposal is considered consistent with the Building Facade Objectives of the Local Village Centres DCP. The development whilst having horizontal banding has strong vertical lines as a result of the provision of the screens. The balconies on the development are recessed or integrated into the building façade and are considered satisfactory. A condition will be applied in relation to materials of the balustrades in accordance with clause F (d). Signage has not been nominated on the building and as such will require separate approval as will the occupation of the retail component. The building services have been located off O Brien Street and are considered satisfactory. 22

23 Chapter F5 Local Village Centres Hall Street Town Centre The proposal is considered satisfactory in terms of the Desired Future Character Objectives for the Hall Street Town Centre. The proposal is considered to complement the height, scale and street rhythm and maintains the mixed use character of the area by locating shops at ground level and dwellings over. In terms of the building envelope, the DCP allows the site to be fully occupied at both ground and upper levels, subject to compliance with FSR and height. The upper level is setback 3m on the eastern corner in accordance with the DCP. Chapter I1 Land use and Transport The existing development on the site does not provide parking and similarly the current proposal does not provide parking. The site is located in Parking Area A. Parking from the development would be assessed at: Retail: Residential: 1 space per 30sqm = 4 spaces 1 space per 0.3 spaces per dwelling = 1.8 or 2 spaces 0 Visitor spaces required Bicycle parking: 7.5 (residential) + 1 retail = 9 spaces. Loading area: Not required (I1 Clause 4.0) The proposal is deficit by 6 car spaces. 9 bike spaces are provided. The applicant is seeking to vary the parking requirement in the following basis: The site is located in Parking Zone A which has high accessibility to public transport and services, is high density and prone to traffic congestion. As there are only 6x1 bedroom units proposed; only 2 car spaces are required to service the residential component of the development. Due to the existing building containing 2 retail premises and 3 residential apartments the only anticipated increase in car parking requirements and traffic generation will be from the 3 additional 1 bedroom units demanding only 0.9 (rounded to 1) additional car space. As the proposed development proposes to replace the existing 2 retail tenancies, there is no anticipated increase in on-street patron parking as a result of the proposed development. The site s dimensions prevent a suitable ramp grade, circulation space and efficient car parking layout for any potential basement level car park. There are 3 car share pods in close proximity to the site including 2 Go Get spaces on Hall Street and 1 Green Share Car on Glenayr Avenue. There are several more Go Get spaces in walking distance from the subject site. Similar types of development in Bondi have recently been approved without the provision of car parking including a larger mixed use retail and residential building at Gould Street, Bondi Beach. There is the availability of on street time restricted parking with a high visitor turnover. The high vehicle turnover of on street parks will allow for patrons to visit the retail premises for short periods of time, ensuring the peak Saturday morning demand can be accommodated as per the existing site arrangements. There are several parking stations in the locality (Swiss Grand and Beach parking) which provide for additional visitor parking to the area. 23

24 Nil onsite parking will discourage car ownership, reducing traffic congestions. Nil on street parking will ensure that sales price and apartment value will remain affordable. The development provides ESD measures beyond Council s requirements including the opportunity to promote sustainable transport options. 2 Bicycle parking areas are proposed with a total of 9 spaces. The main bicycle parking area is located on the ground floor, adjacent to the lobby and is secured. The secondary (visitor) bicycle parking area is located along O Brien Street with bicycle racks directly accessible from the street Based on only 2 residential car spaces and 4 retail spaces require, the sites proximity to public transport and services as well as the points outlined above, it is not considered that the site proposes a density servicing issue. Having regard to the above and to previous Council determinations in this regard, it is considered that if no parking is provided in the development, future residents should be discouraged from car ownership by not allowing participation in the resident car parking scheme. This should form a condition of consent, also be noted on the Section 149(2) zoning certificate and as a notation on the property title, to ensure future owners are advised in advance of purchase of the lots Other Matters Streetscape The applicant refers to the site as being a Key Site. It is agreed that the site is significant and has high visibility when travelling from the west. The DCP calls for a special treatment of the corner site, and the proposal is considered a suitable solution for the site. This location has lent support to the floor space ratio and height exceedences. The development is considered satisfactory in terms of the street wall to Hall Street and to O Brien Street. The design of the development and its streetscape contribution was assessed by the Urban Review Design review Panel who raised no design issues and gave favourable consideration to the proposal. Privacy Given the location of the site on 2 street frontages, the proposal will not result in a privacy issue to neighbouring properties. The roof is not accessible and as such this will assist with amenity to the properties in the vicinity. Safety and security The applicant has advised that the development has been designed to optimise safety and security both internally within the building and in the public domain. Also adequate lighting is provided as well as good street surveillance from the dwellings. 24

25 3 REFERRALS 3.1 External State Environmental Planning Policy 65 The application was referred to the Urban Design Review Panel, who gave the proposal favourable consideration. 3.2 Internal The Panel concluded: This is an excellent proposal, which performs particularly well in terms of SEPP 65. The proposal s architecture demonstrates intelligence, environmental performance and amenity. It can make a positive contribution to the streetscape and is a fine urban fit. Health Issues The Panel commends this fine application to Council. Council s Environmental Health Office has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Waste Management Council s Environmental Manager has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Vehicular Access and Traffic Council s Manager Traffic and Development has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Stormwater Council s Senior Design Team Leader has reviewed the proposal and advised that further onsite detention details are required. These will be requested as conditions of consent. Building Code of Australia Compliance Council s Senior Building Surveyor (Fire Safety) has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Public Domain/Tree Preservation Council s Strategic Tree Planning Officer has reviewed the proposal and advised that the two existing trees on the nature strip at the rear of the property are to be protected for the duration of the construction works. A new street tree is also to be installed in Hall Street as per the Landscape Plan Drawing DA-L101. Conditions have been imposed in this regard. In addition, a Tree Bond of $10,000 is to be lodged with Council to ensure the protection and maintenance of the street trees. 25

26 Bondi Beach Manager Council s Bondi Beach Manager has advised that the proposed new construction will be an enhancement to the streetscape in Hall St and O Brien St replacing what is now an unprepossessing and somewhat dilapidated building. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered to have a minimal and acceptable impact on the natural and built environment and no adverse social or economic impacts on the locality. Section 79C(1)(c) - The suitability of the site for the development. The site, whilst of irregular shape and presenting its own constraints, is considered suitable for the proposed development. 4. PUBLIC SUBMISSION The application was advertised for 30 days in accordance with Waverley Development Control Plan 2010, Part C3 Advertised and Notified Development. Eight (8) submissions were received. The issues raised in the submissions are summarised and discussed below. Property Location Summary of Objections 9-11 Obrien St Opposite to the north No parking provided 13 O Brien St Opposite to the north Proposal exceeds the maximum fsr and SEPP 1 Objection not well founded 6 dwellings will introduce potential conflict with nearby commercial uses such as cafes that trade till midnight An acoustic report should be required for the design to ensure external noise impacts do not affect the amenity of residents 3/64-66 Hall St Opposite to the south Asbestos in the building Use of roof terrace Solar access to solar hot water system 4/68-70 Hall St Opposite to the south Development is too high and loss of solar access to properties to the south Bulk and scale is excessive Disruption during development No parking provided 72 Hall St Opposite to the south Development too high at 4 storeys No parking provided 76 Hall St Opposite to the south No parking provided Disruption during development 26

27 Property Location Summary of Objections 78 Hall St Opposite to the south Disruption during development No parking provided Solar access Bulk and scale is excessive 83 Hall St To the east No parking provided No loading/ unloading bay and request all loading be carried out on site Request that future residents be excluded from Waverley Resident Preferential Parking Scheme Request no bins be stored on the street Height and floor space ratio exceeded. The SEPP 1 Objections are not well founded. Officer s comment: The above report indicates the degree of variation on the LEP development standards. The applicant has submitted SEPP 1 Objections to the development standards, and whilst in each instance the development could be reduced to comply, in the context of the site, its location and desired height profile to Hall Street, the development has been considered satisfactory and meeting the objectives of the development standards. The SEPP 1 Objections have been reviewed and it is agreed that the site is a prominent site in this section of Bondi Beach and will set a height to development in this section of Hall Street. The SEPP 1 Objections, as indicated in this report are accepted. Development is too high and loss of solar access to properties to the south and overshadowing of a solar hot water system on Hall Street. Officer s comment: The height limit for this section of Hall Street is 12m in the current LEP and 13m in the draft LEP and the current DCP. The proposal therefore reflects the desired future height for development in Hall Street. The proposal only marginally exceeds the height limit in some places and this is due to the provision of a recessed parapet around the green roof system, which has positive ESD impacts. The shadow diagrams indicate that the proposal will overshadow development on the southern side of Hall Street in the mornings in mid winter. The shadow impact is not long and by midday the buildings are free from shadowing. Elevation shadow diagrams show that the development will affect the lower section of the first floor of Hall Street properties, however the applicant has advised: The proposed building envelope results in minimum additional overshadowing. The proposed design overshadows, to a small degree, level 1 of the buildings opposite the subject site on Hall Street at 9am, on 21 June for a maximum of minutes. After this time the building are completely unshaded. Having regard to the above and the shadow diagram provided, the shadow impact of the development is considered satisfactory. 27

28 Bulk and scale is excessive Officer s comment: In terms of the planning controls for Hall Street, in both the current LEP and the draft LEP, as well as the DCP which sets building envelopes for the site, the development is considered satisfactory. The building does not present as a bulky structure, with the use of recesses and balconies to add articulation to the street facades. The facade to O Brien Street is recessed and a landscaped void is provided through the building above the retail/ commercial level. Moveable Screening is provided to assist with thermal control and also privacy for residents. 6 dwellings will introduce potential conflict with nearby commercial uses such as cafes that trade till midnight and an acoustic report should be required for the design to ensure external noise impacts do not affect the amenity of residents Officer s comment: The zone allows a mix of uses and adding residential to the mix will add vibrancy to the area. In such areas, conflict may occur with late night noise from existing or new venues. These venues are subject to their own conditions of consent. As such potential noise producing premises in the vicinity are not abrogated from their obligations to comply with their conditions of development consent and in conducting their business take into account the amenity of neighbouring properties and residents. No parking provided / Request that future residents be excluded from Waverley Resident Preferential Parking Scheme Officer s comment: As discussed earlier in this report, no parking is provided in the development. The non provision of parking can be attributed in part to the irregular and small shape of the site. It is also considered undesirable to provide vehicle crossings which could result in pedestrian conflict in this area which is subject to heavy pedestrian traffic. As indicated in the report a condition will be placed on any approval granted that future residents will not be eligible for participation in the resident parking scheme. To ensure potential owners are aware of this when purchasing the property, it is suggested a note on the Section 149(2) certificate be included as well as on the title of the property by way of a Section 88B instrument. No loading/ unloading bay and request all loading be carried out on site Officer s comment: Given the restrictions on the site, it is not possible for loading and unloading to be carried out on site. The proposal is not required to provide onsite loading and unloading facilities for the development under Council s DCP. Request no bins be stored on the street Officer s comment: If the applicant enters into a commercial waste removal agreement with Council, the bins, as in the case with the residential component s bins, must be presented to the street for collection. The bins cannot be stored on the street and are required to be removed and returned to the garbage room after collection has occurred. A condition will be attached to any approval granted in relation to this matter. 28

29 Asbestos in the building Officer s comment: Removal of asbestos must be carried out by qualified demolishers and in accordance with Workcover requirements. Any approval granted will be conditioned accordingly. Use of roof terrace Officer s comment: The roof terrace is not trafficable or accessible to residents of the building. The applicant has advised that the green roof system requires little maintenance and a permanent access is not required. Disruption during building Officer s comment: The proposal will necessitate localised disruption during the demolition and construction of the development. This is the case with any redevelopment. Conditions will be placed on any consent issued to restrict building hours and minimise localised disruption. Section 79C(1)(e) - The public interest. Notwithstanding the number of objections submitted, it is considered that the proposal is not contrary to the public interest. 5. CONCLUSION/DEVELOPMENT AND BUILDING UNIT REVIEW The site is located in a prominent location on the corner of Hall Street and O Brien Street and will set the end height for the development on this side of the Hall Street retail/ commercial area. The proposal exceeds the maximum height and floor space ratio, however the resulting building is the appropriate urban design response to this prominent corner and complies with the Design based controls in the Bondi Beach DCP and Local Villages DCP. This site is one of only a collection where compliance with the LEP controls does not achieve the more site specific controls and can reasonably be varied. The lack of parking on the site is accepted on the premise that there is currently no parking on the site and the 6 x 1 bedroom apartments will be well served by public transport and alternative transport options. The retail activity at the ground floor is well planned and consistent with the local village controls, subject to a wrap around awning to O Brien Street as required by conditions. The building itself is well designed and compliments the prominent corner whilst setting the development standard on the eastern edge by setting in the uppermost floor. This building provides the appropriate bookend to this street and should facilitate in-fill development between this site and the other compliant building to the east adjacent to the Hakoah redevelopment. As that occurs, the 3 storey streetwall with the 4 th level set back design principle that is envisaged in the local controls will be achieved at this end of Hall Street. The Development and Building Unit support the proposal. 29

30 6. RECOMMENDATION That Development Application No. DA-141/2012 at 89 Hall Street, Bondi Beach for demolition of the existing building and the erection of a 4 storey mixed development comprising 2 ground floor shops and 6x1 bedroom dwellings be approved by the Development Control Committee, subject to the following conditions: SCHEDULE A A. APPROVED DEVELOPMENT 1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos AR.DA00A-06A, tables and documentation prepared by tanner Architects, dated April 2012, and received by Council on 13 April 2012, (b) Landscape Plan No. DA-L101 and DA-L102 and documentation prepared by Canvas Landscape Architects, dated 15 March 2012, and received by Council on 13 April 2012; (c) BASIX Certificate No M dated 20 March 2012, and received by Council on 13 April 2012; (d) Schedule of external finishes and colours received by Council on 13 April 2012; and (e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP Except where amended by the following conditions of consent. 2. STATE ENVIRONMENTAL PLANNING POLICY NO.1 OBJECTION Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 prepared by Scott Carver and the powers delegated to Council by the Director of Planning, the provisions of Clause 27(3) Floor Space Ratio - Waverley Local Environmental Plan, 1996 are waived to permit a total floor space ratio of 2.77:1. 3. STATE ENVIRONMENTAL PLANNING POLICY NO.1 OBJECTION Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 prepared by Scott Carver and the powers delegated to Council by the Director of Planning, the provisions of Clause 28 (1) Height - Waverley Local Environmental Plan, 1996 are waived to permit a total overall height of up to 13.3m. 4. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The balconies on the building are not to be fully enclosed to increase the size of the dwellings. The reference to enclosed balcony on the plans is to be deleted; (b) The roof level of the development is not to have a permanent access and is not to be converted to a trafficable deck. The use is to be retained as a green roof system. 30

31 (c) Adequate provision shall be made for the installation of a mechanical exhaust system for future premises where food is prepared. This includes the provision of a shaft that complies with the Building Code of Australia to the roof for the ductwork and the flue of the system. (d) Adequate provision is to be made for sanitary facilities on the ground floor that afford compliance with the highest potential usage rates for the retail/commercial tenancies. (e) To maintain the required building setback and envelope to Hall Street, the balcony to the upper level eastern most dwelling is not to be roofed in any manner or enclosed. (f) The Hall Street pedestrian awning is to continue and to wrap the corner of Hall and O Brien Street and continue along the O Brien Street frontage as required by Council s DCP. (g) Balcony balustrades are to be of a solid construction with no glass inserts in accordance with Clause F (d) of the Waverley DCP, The amendments shall be submitted for the approval of Council prior to the issue of Construction Certificate under the Environmental Planning and Assessment Act APPROVED DESIGN The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council. 6. ARCHITECT TO SUPERVISE DESIGN The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No Design Quality of Residential Flats. 7. BONDI - ROSE BAY SAND BODY This site is located within the Bondi - Rose Bay Sand Body as identified in Council s Aboriginal Cultural Heritage Study Should an object of potential Aboriginal or archaeological significance be discovered during the demolition, excavation or construction period associated with this development, works are to immediately cease and the NSW National Parks and Wildlife Service must be contacted. Works may resume on the site pending receipt of express written permission from the NSW National Parks and Wildlife Service. Waverley Council must be notified of any referral to the NSW National Parks and Wildlife Service and be provided with a copy of any subsequent response. 8. ROLLER SHUTTERS The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes. 9. NOISE - MECHANICAL PLANT Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured 31

32 in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute. (c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any habitable room in any residential premises between the hours of midnight and 7.00am. (h) A Certificate is to be submitted at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise. 10. NOISE EMISSIONS The use of the premises shall not give rise to: (a) Transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy; (b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard REFRIGERATION UNITS & MECHANICAL PLANT All refrigeration motors/units and other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any plant and equipment associated with the use of the building. 12. NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION A site specific noise management plan must be submitted to the Council for approval and comment prior to any works commencing on site and complied with during any construction works. The plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants. The plan must include but not be limited to the following:- (a) Confirmation of the level of community consultation that has, is and will be undertaken with Building Managers/occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases. (b) Confirmation of noise, vibration and dust monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with Council's noise criteria. (c) What course of action will be undertaken following receipt of a complaint concerning site noise, dust and vibration. (d) Details of any noise mitigation measures that have been outlined by an acoustic engineer or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring property to a minimum. 32

33 (i) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available. 13. SEPARATE APPLICATION FOR SIGNAGE Any proposed advertising structures to be displayed at the premises are to be subject to a separate development application to and approval from Council. 14. DEVELOPMENT APPLICATIONS FOR NON-RESIDENTIAL USE Specific development applications are to be lodged for the approval of Council in connection with the usage of any retail or commercial areas within the development, prior to the occupation of the premises. B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 15. SECTION 94A CONTRIBUTION A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council: (1) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, (2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: (b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000. (c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition. Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. 33

34 - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development. 16. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $ 20, must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit. 17. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more. 18. TREE PRESERVATION BOND A bond of $10,000 is to be lodged with Council either as cash or by way of an unconditional bank guarantee to ensure the protection and maintenance of the street trees at the rear of the property and for the maintenance of the street tree in Hall Street. The bond is to be lodged prior to the issue of a Construction Certificate. The sum will be forfeited to the Council at its discretion for a breach of these requirements, and will be refunded twelve (12) months from the issue of the Occupation Certificate subject to the satisfaction of Council. 19. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and (b) a Principal Certifying Authority has been appointed and Council has been notified of appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and (c) Council is given at least two days Notice in writing of the intention to commence the building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority. 34

35 20. ARCHITECT TO SUPERVISE DESIGN - CONSTRUCTION CERTIFICATE DOCUMENTATION The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No Design Quality of Residential Flats. In accordance with clause 143a of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue a construction certificate unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted. 21. ESSENTIAL SERVICES - NEW BUILDING Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic schematics etc and calculations shall be submitted for Council's records. At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning; (c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed installed and is capable of operating to the above standard. 22. HOARDING REQUIRED A standard B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding. 23. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be 35

36 submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate. 24. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, excavation, remediation or construction on the site. The CVPPM shall provide details of the following: The proposed route to be taken by demolition/construction vehicles when accessing and exiting the site. The type and size of demolition/construction vehicles to be used during all phases of work. Note: trucks with dog trailers and semi trailers are not approved for use at the site. Use of these trucks at any time will require a separate application to Council and the prior approval of the Divisional Manager, Technical Services. Evidence being submitted to Council showing that all trucks and other building related vehicles that will attend the site can enter and exit Hall Street or O Brien Street without damaging Council s parking control infrastructure. The location of truck holding areas remote from the site should trucks not be able to access the work area immediately on arrival. The location and length of any proposed Works/Construction Zones. Note: such zones require the approval of the Council prior to installation. The hours of operation of demolition/construction vehicles. The number of and where it is proposed to park light vehicles associated with staff/employees/contractors working on the site. How it is proposed to cater for the safe passage of pedestrians past the site. The details shall include: o the route required to be taken by pedestrians including signage and any other control measures that will need to be put in place to direct and keep pedestrians on the required route; o any obstructions such as street furniture, trees and bollards etc. that may interfere with the safe passage of pedestrians; o the type(s) of material on which pedestrians will be required to walk; o the width of the pathway on the route; o the location and type of proposed hoardings; o the location of existing street/park lighting. 25. KERB AND GUTTER AND FOOTPATH WORKS New kerb and gutter, concrete footpath and turf shall be installed along the full length of the O Brien Street frontage of the site prior to the issue of the Occupation Certificate. Full engineering drawings detailing the required works shall be prepared by the applicant and submitted to Council for the approval of the Divisional Manager, Technical Services prior to those works commencing. 36

37 26. PARKING PERMITS In accordance with Council's Policy, Residents Preferential Parking permits will not be issued for this development when it is completed. In this regard a notification is to be placed on the certificate of title for unit in the future strata plan, pursuant to Section 88B of the Conveyancing Act. 27. BOUNDARY LEVELS The finished level of paving within the site shall match Council s existing footpath level at the boundary. 28. WORKS OUTSIDE THE PROPERTY BOUNDARY All work outside the property boundary is to be carried out in accordance with the requirements of Council s Local Village Centres- Public Domain Technical Manual at the applicant's expense. 29. STORMWATER MANAGEMENT The stormwater drawings by F&L Building Consultants, project number HALL93H1, dated 18 March 2012, have been checked and are considered not satisfactory with respect to the stormwater details. i) Part B Clause On Site Detention. Details of the proposed on-site stormwater detention system are required, (f), (g). 30. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate. 31. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate. 32. BICYCLE PARKING A total of 9 bicycle parking spaces are to be provided. Such spaces are to be provided by way of a secure lockable area, individual lockers or suitable bicycle racks and are to be located within the ground floor foyer or adjacent within any forecourt or within the car parking area. Details are to be indicated on the plans prior to the issue of the Construction Certificate. 33. ACCESS The development shall be provided with access and facilities for people with disabilities in accordance with AS Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 37

38 34. ACCESS TO MAIN ENTRY Access in accordance with AS shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 35. UNISEX TOILET At least one unisex sanitary facility designed in accordance with AS shall be provided in all new or refurbished buildings and car parking stations that provide public sanitary facilities. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 36. ROOF WATER GUTTERING All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building. 37. GARBAGE / RECYCLING BIN STORAGE AREA 38. BASIX The applicant must provide 2x240L MGB for garbage and 1x240L MGB for comingled recyclables and 1x240L MGB for cardboard collected weekly for the residential apartments. The applicant must provide a 3x240l MGB for garbage and 1x240L MGB for comingled recyclables collected daily for the commercial tenants. The applicant must enter into a commercial waste contract for the removal of these bins. The waste and recycling storage area must be able to accommodate all bins with all bins simultaneously accessible. The applicant must comply with standard condition B12 regarding packaging for take away meals and drinks. Packaging must be minimised and packaging materials must be recyclable or bio-degradable. The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and cannot be modified under Section 96 of the Environmental Planning and Assessment Act

39 39. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used. 40. LANDSCAPED SLABS Details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate indicating the proposed method of water-proofing and drainage of the concrete slabs over which landscaping is proposed. 41. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate. 42. TREE PRESERVATION A tree preservation order exists in Waverley. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed. 43. STREET TREES The two existing trees on the nature strip at the rear of the property are to be protected for the duration of the construction works. Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated perimeter. No existing street trees shall be removed without Council approval. A 1.8m high chain link wire fence or the like shall be erected around the existing street trees to protect them from damage during construction. Where approval is granted for the removal of a street tree the applicant is to pay for its replacement with a super advanced tree of a species nominated by Council. 39

40 44. NEW STREET TREE A new street tree is to be installed in Hall Street as per the Landscape Plan Drawing DA-L101 The following specification is for the planting of the new street tree in Hall Street: The tree pit is to be excavated to a width of three (3) metres parallel to the kerb and to one (1) metre inside from the kerb and to the depth of the tree s root ball Permeable pavers are to installed within the dimensions of the tree pit to the outer edge of the tree guard A solid tree supplied from Arborgreen (Derwent style) and to be manufactured to a height of 1800mm and a minimum diameter of 800mm. Guard to be securely fixed as per manufacturer s recommendations and mounted 200mm in from the rear of the kerb Root barriers are to be installed to a depth of 500mm along the full length and both sides of the tree pit Addition of Terracottem to the planting soil at the manufacturer s recommended rate A 12 month maintenance program with monthly reports submitted to Council Maintenance program to include spraying/watering of foliage to remove salt build-up Holding points for Council s Tree Officer to inspect progress at: tree pit excavation; mixing of Terracottem with the planting soil and tree installation and tree guard installation. C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION 45. ACID SULFATE SOILS The site is located in a Category 5 Acid Sulfate Soil zone. In the event that acid sulfate reactive soils are encountered on the site, the applicant is to employ suitable management and construction methods. 46. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work. 47. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences. 40

41 48. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works. 49. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property. 50. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. 51. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; (b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided. 52. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water. 53. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The 41

42 building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation. 54. DILAPIDATION REPORT A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties. 55. CONTAMINATING MATERIAL REQUIRED TO BE REMOVED The following requirements apply to demolition and construction works on site: (a) Hazardous dust is not to be allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended. Any existing accumulations of dust (eg: ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particle air (HEPA) filter. All dusty surfaces and dust created from work are to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries. (b) All contractors and employees directly involved in the removal of hazardous dusts and substances are to wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices. They shall also adopt work practices in accordance with the requirements of Safe Work Australia's National Standard for the Control of Inorganic Lead at Work (NOHSC: 1012 (1994) and NOHSC: 2015(1994). (c) All lead-contaminated materials and Asbestos being disposed of in accordance with the NSW Environment Protection Authority (EPA) Waste Classification Guidelines 2009 and the Protection of the Environment Operations Act 1997 (NSW). 56. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS , Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) (b) (c) (d) (e) (f) outline the identification of any hazardous materials, including surfaces coated with lead paint; confirm that no asbestos products are present on the subject land; or particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); describe the method of demolition; describe the precautions to be employed to minimise any dust nuisance; and describe the disposal methods for hazardous materials. 42

43 57. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW. 58. FOOTPATH PROTECTION The footpath and driveway must have a protective cover e.g. duckboards or plates to ensure these are not damaged during the course of demolition and/or construction. The protective measure is to be installed prior to the commencement of any works on the site. 59. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls. 60. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system. 61. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval. 62. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) (b) (c) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends; Sundays and public holidays; and On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW. Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday. 43

44 64. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver. 65. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia. 66. PROTECTION OF WINDOWS All new windows are to be protected in accordance with Section C of the Building Code of Australia. Details of compliance with these requirements to be included in the Construction Certificate plans, 67. VERTICAL SEPARATION Vertical separation of openings in the external walls of the building is to comply with Part C2 of the Building Code of Australia. 68. FIRE RESISTING CONSTRUCTION All new works are to comply with the Building Code of Australia for a building of Type A fire resisting construction. Details demonstrating compliance with Specification C1.1 of the Building Code of Australia are to be included in the plans prior to the issue of a Construction Certificate. 69. BCA REPORT New works are to be carried out in accordance with the Building Code of Australia Report prepared by Impact Access Consultancy dated 24 February Details of compliance are to be included and assessed as part of the Construction Certificate prior to the release of the Construction Certificate. 70. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (RESIDENTIAL FLAT DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; 44

45 (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet area within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction. 71. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls). 45

46 Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction. 72. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building. 73. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building. 74. MECHANICAL VENTILATION SYSTEMS (a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards. (b) Any proposed mechanical ventilation system shall comply with the Australian Standard AS (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include: (i) (ii) (iii) (iv) inspection, testing and commissioning details; date of inspection, testing and commissioning details; the name and address of the individual who carried out the test; and a statement that the service has been designed, installed and is capable of operating to the above standard. 75. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed [state works] including the footings and roof eaves, to encroach beyond the boundaries of the subject property. 76. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene. 77. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. 46

47 Note: Water proofing is to be in accordance with AS Water Proofing of Wet Areas within residential buildings. 78. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building. 79. TREATMENT OF BOUNDARY WALLS The walls on the [enter aspect] boundary are to be finished to a minimum standard, that being face brickwork and all mortar joints ironed(no dags). 80. DISCHARGE OF COMMERCIAL OR INDUSTRIAL LIQUID TRADE All Commercial and/or industrial liquid trade waste shall be discharged to the sewer in accordance with the provisions of Sydney Water's Trade Waste Policy and Management Plan. In this regard, the applicant is to confer with Sydney Water prior to the commencement of building work. 81. AWNINGS Awnings shall be a minimum of 3.5m above the footpath level and offset a minimum of 600mm behind the kerb. D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION 82. WASTE STORAGE The following requirements apply to waste management: (a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises. (b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The waste storage receptacles must be maintained in good order and repair at all times. (c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning products. (d) Provide a separate storage area for used and unused cooking oils suitably covered, bunded and drained to the sewer. (e) Provide dry basket arresters to the floor wastes in the food preparation and waste storage areas. (f) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water. 47

48 83. GARBAGE COLLECTION Garbage bins are not to be stored on the street. Bins are to be placed on the street the day of collection and removed immediately after. This is to be included in the Body Corporate By Laws. 84. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website or telephone Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development. 85. ARCHITECT TO SUPERVISE DESIGN - OCCUPATION CERTIFICATE DOCUMENTATION In accordance with clause 154A of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued. 86. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied. 87. DISPLAY OF WASTE MANAGEMENT PLAN The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation. 88. LANDSCAPE PLAN The site is to be landscaped and turfed in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate. 89. TACTILE NUMBER IN LIFT The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people. 48

49 90. STREET NUMBER/S The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high. SCHEDULE B That Council place a notation of any Section 149(2) Certificate issued on the property that future residents and occupants of the development will not be eligible for participation in Council s Preferential Parking Program and permits will not be issued for this development when it is completed. 49

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