MINUTES OF HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF
THE COUNCIL OF THE CITY OF
RANDWICK

HELD ON  TUESDAY, 12TH APRIL, 2005 AT 6:53 P.M.

 

 

 

PRESENT:

 

His Worship the Mayor, Cr M. Matson (East Ward)

 

Councillor T. Seng (Central Ward) (Chairperson)

 

North Ward                                         -           Crs J. Kenny, P. Tracey & M. Woodsmith

 

South Ward                                          -           Crs R. Belleli, M. Daley & A. White

 

East Ward                                            -           Crs B. Notley-Smith & D. Sullivan

 

West Ward                                          -           Crs B. Hughes, S. Nash & J. Procopiadis

 

Central Ward                                       -           Crs A. Andrews & C. Bastic

 

 

OFFICERS PRESENT:

 

General Manager                                                                                              Mr. R. Brownlee.

Director, City Services                                                                          Mr. J. Frangoples.

Director, City Planning                                                                          Ms. S. Truuvert.

Acting Director, Governance & Financial Services                                             Mr. B. Gregan.

Manager Development Assessment                                                                   Mr. K. Kyriacou.

Acting Public Officer                                                                                         Mr. D. Kelly.

Communications Manager                                                                                 Ms. D. Brien.

Manager Technical Services                                                                              Mr. M. Shaw.

 

 

1.         APOLOGIES.

 

Nil.

 

2.         MINUTES.

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH MARCH, 2005.

 

H24     RESOLUTION:  (Belleli/Andrews) that the Minutes of the Meeting of the Health, Building and Planning Committee held on Tuesday, 8th March, 2005 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

3.         DECLARATION OF PECUNIARY & NON-PECUNIARY INTERESTS

 

Nil.

 

RESOLVED: (Notley-Smith/White) that the meeting be adjourned at 6.53 p.m. and be further adjourned at 7.18 p.m.

 

4.         ADDRESSES TO THE COMMITTEE BY THE PUBLIC.

 

Prior to consideration of the Agenda by the Committee, the following deputations were received in respect of the following matters:

 

6.1              DEVELOPMENT APPLICATION REPORT - 160 BROOK STREET, COOGEE.

 

The Objector                Mr George Dowle                    162 Brook Street, Coogee.

 

The Applicant               Mr Louis Mavraidis                  8/22 Tintern Road, Ashfield.

 

6.2       DEVELOPMENT APPLICATION REPORT - 353-355 ANZAC PARADE,

KINGSFORD.

 

The Applicant               Mr Murray Wood                    D917/780 Bourke Street, Redfern.

 

6.3       DEVELOPMENT APPLICATION REPORT - 30-32 EASTBOURNE AVENUE, CLOVELLY.

 

The Objector                Miss Linda Vella                       38 Shackel Avenue, Clovelly.

 

The Applicant               Mr Bernard Teh-Howell           Level 5, 46-54 Foster Street, Surry Hills.

 

The meeting was resumed at 7.40 p.m.

 

5.         MAYORAL MINUTES.

 

5.1       CONFIDENTIAL MAYOR’S MINUTE 38/2005 - APPOINTMENT OF DIRECTOR, GOVERNANCE & FINANCIAL SERVICES.  (PERSONNEL)

 

H25        RESOLUTION:  (His Worship the Mayor, Cr M. Matson) that Council receive and note:

 

a)             the appointment of Mr Geoff Banting on a 5 (five) year performance based contract with the remuneration package of $175,000.00 per annum for the position of Director Governance and Financial Services; and

 

b)             the position of Director Governance and Financial Services be a designated senior staff position as described in the Local Government Act 1993.

 

MOTION: (His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

5.2     MAYOR’S MINUTE 40/2005 – SAFETY AND CRIME PREVENTION INITIATIVES.  (F2004/08007)

 

H26        RESOLUTION:  (His Worship the Mayor, Cr M. Matson) that Council endorse the above safety and crime prevention measures, and specifically:

 

a)                 The introduction of signage in Council car parks to warn of and prevent thefts;

 

b)                 The further investigation by council officers of the details and feasibility of introducing beach lockers;

 

c)                  The progress with a draft Community Safety/Crime prevention plan;

 

d)                 The commencement of a joint Community Safety Committee;

 

e)                  The signing of the draft protocol for Development Applications; and

 

That the Precinct Committees be advised of Council’s resolution.

 

MOTION:  (His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

 

5.3     MAYOR’S MINUTE 42/2005 - LICENSED PREMISES AND ANTI-SOCIAL BEHAVIOUR AT COOGEE.  (F2004/07767)

 

H27        RESOLUTION:  (His Worship the Mayor, Cr M. Matson) that:

 

a)         Council seeks submissions from the local community in this matter, to identify the current concerns of nearby residents and possible preferred solutions;

 

b)         Council puts forward its concerns to the Eastern Beaches Liquor Accord seeking urgent and affirmative action to address anti-social behaviour in the Coogee area;

 

c)         Upon consideration of the submissions and actions of the Eastern Beaches Liquor Accord, a report be forwarded to Council to consider the lodgement of submissions or complaint with the Liquor Administration Board and Licensing Court of NSW; and

 

d)         Council seek submissions from the Local Area Commander with respect to this matter.

 

MOTION: (His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

PROCEDURAL MOTION: (Andrews/Daley) that the matter be deferred to allow the Local Area Commander, Superintendent David Owens to address the next Ordinary Council Meeting on his concerns with respect to anti-social behaviour in the Coogee area.  LOST.

 

AMENDMENT: (Andrews/Bastic) that:

 

a)       Council seeks submissions from the Local Area Commander in this matter, to identify the current concerns of nearby residents and possible preferred solutions; and

 

b)      the Mayor attends and puts forward Council’s concerns to the Eastern Beaches Liquor Accord seeking urgent and affirmative action to address anti-social behaviour in the  Coogee area.  LOST.

 

AMENDMENT: (Bastic/Nil) that Council write to every resident and ratepayer who knows where Coogee is to seek their submissions on this issue.  LAPSED FOR WANT OF A SECONDER.

 

5.4     CONFIDENTIAL MAYOR’S MINUTE 43/2005 - FINALISATION OF GENERAL MANAGER’S PERFORMANCE CONTRACT.  (PERSONNEL)

 

H28        RESOLUTION:  (His Worship the Mayor ) that Council adopt the attached draft General Manager’s Performance Agreement and authorises the Mayor to consult with representatives of all three political parties to convene the required monitoring and review meetings with the General Manager.

 

MOTION: (His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

6.         DEVELOPMENT APPLICATIONS.

 

6.1       DEVELOPMENT APPLICATION REPORT - 160 BROOK STREET, COOGEE.  (D/0033/2004)

 

H29     RESOLUTION:  (Andrews/Belleli) that:

 

A.      Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 32 (2) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum floor space ratio on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality and the Director of Infrastructure Planning and Natural Resources be notified accordingly;    

 

AND

 

B.      Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 33/2004 for demolition of existing building and construction of new four storey residential flat building with basement parking at 160 Brook Street, Coogee, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the architectural plans numbered Issue F of Job No. 0313 and drawing numbers DA01, DA07 and DA09 and Issue G of drawing numbers DA02-DA06 and DA 08 drawn by Geoform Design and stamped received by Council on 25 June 2004 (one set stamped received 13 July 2004), the landscape plan numbered Job No. 3096 and drawing numbers 3096-01 drawn by Peter Glass & Associates dated 11/11/2003 and stamped received by Council on 21 January 2004, the sample board titled “finishes for louis mavridis@160 brook street coogee” by Geoform design and stamped received by Council on 21 January 2004, and as amended by the plans received by Council and stamped dated 21 January 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       The north facing balconies to the bedrooms of Unit 2 and Unit 3 are to be deleted in favour of operable windows with a minimum sill height of 1.2 metres. Corner bedrooms are to be provided with an operable window on the western elevation to facilitate cross ventilation. This condition is imposed to ensure the amenity of the units and privacy of adjoining properties.

 

3.       The terrace to Unit No.3 (above the living area) on the third floor level shall be reduced in size and cut back by 4m from the front (east) to reduce the bulk and scale of the terrace and its associated structures namely the planter boxes which will add height and bulk. This area shall be converted to a non-trafficable roof with a maximum parapet height of 300mm along the east, south and northern side. The proposed balustrade shall be glass.

 

4.       A 1m wide by 4m long planter box shall be incorporated along the northern side of the terrace of Unit 2 on level 1 adjacent to the kitchen and sitting room to reduce overlooking to No.158 Brook Street and provide improved separation at this level.

 

5.       All proposed planter boxes on the terraces shall be solid and have a maximum height of 1m by 1m to ensure that plants can be incorporated that will provide adequate screening.

 

6.       All balustrades to terraces and balconies where there are no planter boxes shall be constructed of clear glass to provide openness and lightness to the building.

 

7.       The external stair on the southern elevation of the building is to be enclosed and is to be designed so that natural light and ventilation is achieved without resulting in lightspill to the adjacent property at 162 Brook Street. This condition is imposed to improve the amenity of the units and protect the privacy of adjoining properties.

 

8.       All external lighting shall be designed to minimise light spillage to immediately adjoining properties.

 

9.       Fences located on the southern side or rear boundaries of the premises shall not exceed a maximum height of 1.8 metres. Where ground levels differ across the boundary the fencing is not to exceed a maximum of 2.1 metres in height measured from the lowest adjoining ground level to maintain reasonable levels of amenity to the adjoining premises.

 

10.     A roller door or gate is to be provided to the carparking to maintain security to the carparking area. Public access to the visitors’ carparking spaces is to be maintained at all times and this is to be achieved by the installation of a suitable intercom system adjacent to the carpark entry.

 

          Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

11.     An intercom is to be provided to secure the pedestrian entry to the development from the street for residents and visitors. Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

12.     There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

13.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

14.     External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

15.     All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

16.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

17.     Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

18.     Power supply and telecommunications cabling to the development shall be underground.

 

19.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

20.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

          Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

21.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

22.     Where access is required to adjoining premises for construction purposes, the consent of the owners of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency:

 

23.     The development must be designed and constructed to achieve minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a NatHERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

          The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

 

24.     The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

25.     External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturer’s details.

 

          Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

26.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

27.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

28.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

29.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy.

 

          The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

          The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

30.     In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council.

 

a)      for the provision or improvement of open space                           $2,732.00

b)      for the provision or improvement of community facilities             $1,208.00

c)       Administration fee                                                                          $   425.00

 

The contribution must be paid in cash or by bank cheque prior to a construction certificate being issued for the proposed development, together with payment of the required Section 94 Administration Fee of $425.00.  Council’s Section 94 Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

31.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

32.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

33.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

34.     Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

35.     An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

36.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

          Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·               has been informed in writing of the licensee’s name and contractor number; and

·               is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

          Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·               has been informed of the person’s name and owner-builder permit number, or

·               has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

          Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

37.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

38.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures located upon:

 

       All of the premises adjoining the subject site

 

          The report is to be supported with photographic evidence of the status of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the above stated premises, prior to the commencement of any works.

 

39.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises and the report is to detail any possible damage which may occur to adjoining or nearby premises that may be caused by the proposed building, excavation and shoring works.

 

          Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

          A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

40.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which states that damage should not occur to any adjoining premises and public place as a result of the works.

 

41.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

42.     A Certificate of Adequacy prepared by a professional engineer is to be submitted to the principal certifying authority (and the Council, if the Council is not the principal certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

43.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

 

44.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

45.     The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person approved by the Principal Certifying Authority), to monitor compliance with the relevant standards of construction and Council’s development consent.

 

          The Principal Certifying Authority shall specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon shall be forwarded to Council with the occupation certificate.

 

          Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person approved by the Principal Certifying Authority) is also required to ensure that the relevant site management, public safety and sediment and erosion requirements specified in Council’s consent are being satisfied.

 

46.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

47.     If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

·               preserve and protect the building /s on the adjoining land from damage; and

·               if necessary, underpin and support the building and excavation in an approved manner; and

·               at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

48.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)      Prior to construction of the footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

b)      On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

49.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

50.     All building, demolition and associated site works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

51.     The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

52.     Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

53.     A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

          In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations.

 

54.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

55.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

          The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

          A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

56.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions and debris at all times.

 

57.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

58.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

59.     Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·               location and construction of protective fencing / hoardings to the perimeter of the site;

·               location of site storage areas/sheds/equipment;

·               location of building materials for construction;

·               provisions for public safety;

·               dust control measures;

·               site access location and construction

·               details of methods of disposal of demolition materials;

·               protective measures for tree preservation;

·               provisions for temporary sanitary facilities;

·               location and size of waste containers/bulk bins;

·               details of proposed sediment and erosion control measures;

·               construction noise and vibration management.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

60.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

 

·               Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·               Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·               Installation of a water sprinkling system or provision hoses or the like.

·               Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·               Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·               Revegetation of disturbed areas.

 

61.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

          A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

          Fences or hoardings are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

          Details of the proposed temporary fences located upon the site are to be submitted to the principal certifying authority and the public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

          If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

62.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

          All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

63.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system

 

64.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

65.     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council prior to commencement of works.

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

 

66.     The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

 

67.     The location of the discharge point serving the car park mechanical ventilation system is to be not less than 6m from a property boundary and it must discharge vertically and satisfy the relevant provisions of the Building Code of Australia and AS 1668.

 

          Details of compliance are to be provided in the plans and specifications for the construction certificate.

 

68.     The following damage deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)      $2000.00  -           Security damage deposit

 

          The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

          The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

69.     The following vehicular crossing deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to construct the vehicular crossing.

 

a)      $2000.00  -           Vehicular crossing deposit

 

          The vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing by Council or a Council approved subcontractor.

 

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

70.     The applicant must meet the full cost for Council or a Council approved contractor to:

 

a)      Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)      Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)       Construct new concrete kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

d)      Carry out a full depth, 1.50 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

e)       Reconstruct a concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

71.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

72.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

73.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

       200mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

          Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0923.

 

          The design alignment level at the property boundary must be strictly adhered to.

 

74.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

75.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $335.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

76.     The top of footings of any structures constructed on the boundary alignment must not exceed the height of the Council kerb level.  This condition has been attached to accommodate future footpath construction at this location.

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

77.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

78.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

79.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate whether or not an electricity substation is required for the development.

 

80.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

          Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges 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 Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

 

81.     Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issue, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)      A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage system.

 

d)      The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

i.       Roof areas

ii.      Paved areas

iii.     Grassed areas

iv.     Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)      The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

82.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

83.     On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

84.     All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

85.     The applicant must provide for a detention volume of up to the 1 in 100 year storm event should no formal overland escape route be provided for storms greater than the design storm.

 

86.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

87.     The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

88.     The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

          (In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

89.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

90.     Stormwater pipes shall be located in accessible locations.

 

91.     Pump out systems will only be considered if the applicant can demonstrate that it is not possible to manage stormwater runoff in any other manner.

 

          Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2-hour storm assuming both pumps are not working.

          The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

92.     A sediment/silt arrester pit must be provided:-

 

a)      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)      prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrestor pit shall be constructed with:-

 

·                           The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·                           The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·                           The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·                           A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

·                           A galvanised heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

·                           A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

·                           The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·                           A sign adjacent to this pit stating that:

 

          “This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

          Note: Sketch details of a standard sediment/silt arrester pit can be obtained from Council’s Drainage Engineer.

 

93.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention area.

 

94.     Any Absorption Trenches/Pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

95.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)      The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

d)      The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

e)       The orifice size(s) (if applicable); and

f)       Details of any pumping systems installed (including wet well volumes).

 

96.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

97.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

          Notes:-

 

a)      Any subsoil drainage is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)      Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

98.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

The following conditions are applied to provide adequate provisions for waste management:

 

99.     The garbage room areas will have to be designed so as to be able to contain a minimum of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

100.   The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

101.   Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional residence/dual occupancy.

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

102.   The landscaped areas shown on plan number 3096-01, dated 11-11-03, drawn by Peter Glass and Associates, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

          The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

d.       Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

e.       Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

f.       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

g.       The landscape plan shall show a minimum number of 2 x 75 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

h.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

i.        The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

j.       In order to reduce the amount of stormwater generated by the site, porous paving shall be used in all pedestrian pathways not over slab. Details are to be provided with the construction certificate application.

 

103.   The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

           

104.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

105.   The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

106.   The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

107.   In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stencilled concrete (or similar) shall be used throughout the driveway areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

          Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

108.   All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

          All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

109.   Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

110.   The applicant shall submit a total payment of $145.00 + GST to Council,

 

a.       Being the cost for Council to supply and install 1 x 45 litre street tree (Glochidion ferdinandi, Cheese Tree), to the south of the proposed driveway at the completion of all works ($145.00 + GST)

 

          The contribution shall be paid into Fee Code 525 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

111.   Approval is granted for the removal of the following trees subject to the planting of 2 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be one/those that will attain a minimum height of 6 metres at maturity.

           

a)      Two (2) Howea fosteriana (Kentia Palms) near the northwest corner of the existing dwelling

           

112.   The applicant shall be required to ensure the retention and long-term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the driplines of the subject trees.

           

113.   Permission is granted for the selective pruning of overhanging branches from the Phoenix canariensis (Canary Island Date Palm) located in the front yard of the adjoining property to the north 158 Brook Street. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

114.   In order to ensure the retention of the clump of three (3) Howea fosteriana (Kentia Palms) located near the northwest corner of the existing dwelling in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing palm specimens with the position of the trunks and full diameter of the canopies clearly shown on all drawings.

 

b.       The palms are to be physically protected by the installation of protective fencing around the palms using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 2 metres from the outside edge of the trunk.

 

          This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

c.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

          Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

d.       Any excavations required for footings, structures, retaining walls, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 2 metres of the trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

e.       The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

f.       Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

g.       The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

h.       A refundable deposit in the form of cash or cheque of $3,170.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

QUANTITY

SPECIES

AMOUNT

 

3

Howea fosteriana (Kentia Palms)

 

$3,170.00

 

 

 

TOTAL

 

$3,170.00

 

          The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the palms have been retained in good health.

          Any contravention of Council's conditions relating to the trees at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

115.   A refundable deposit in the form of cash or cheque for the amount of $3,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

           

a.       The refundable deposit will be released twelve (12) months after the issue of a final occupation certificate by the principle certifying authority providing the landscape works have been successfully implemented and maintained in accordance with the approved landscape documentation. Throughout the maintenance/bond period, the applicant shall be responsible for all routine maintenance such as grass cutting, weeding, watering, fertilising, spraying, staking and replacement of all failed plant stock.  There must be no alteration to the original design, including substitution of trees and shrubs, without the prior approval of the Principal Certifying Authority.

 

b.       Any contravention of Council's landscape conditions at any time during the construction period or prior to the expiration of a period of twelve (12) months from the date a final occupation certificate is issued will result in the Council claiming all or part of the lodged security.

 

116.   A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property. Such restriction and positive covenant shall not be released, varied or modified without the consent of Council.

 

Notes:

(a)  The “restriction as to user and positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

 

(b)  The linen plans shall indicate the location and dimensions of the detention/infiltration areas.

 

This condition is to ensure that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) of Council.

 

117.   The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9metres.

 

118.   The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

119.   Prior to the release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots. The certificate is obtained from Sydney Water.

 

120.   The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

Advisory Matters

 

A1.      In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl. GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

            The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

A2.    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A3.    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

          In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)      Part B1     -           Structural provisions

b)      Part E1    -           Fire fighting equipment

c)       Part E2    -           Smoke Hazard Management

d)      Part E4    -           Emergency lighting, exit signs and warning systems

e)       Part F4    -           Light and ventilation, in particular, carpark ventilation.

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

MOTION: (Andrews/Belleli)  SEE RESOLUTION.

 

6.2       DEVELOPMENT APPLICATION REPORT - 353-355 ANZAC PARADE, KINGSFORD.  (DA/0735/2004)

 

H30     RESOLUTION:  (Bastic/Andrew) that:

 

A.      Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with clauses 32(3) and 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to floor space and height on the grounds that the proposed development is consistent with the objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Infrastructure Planning & Natural Resources be advised accordingly.

 

AND

 

B.      Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/0735/2004 for the Demolition of existing structures on the site and construction of new 9 storey mixed use development comprising 7 residential units, 2 commercial tenancies and 3 office suites and associated parking for 26 vehicles and swimming pool at 353-355 Anzac Parade, Kingsford subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent is not to operate until the following material has been submitted to and approved by the Director, City Planning:

 

1.                The following changes are required to the ground floor plan:

 

·                    The masonry northern and southern boundary walls are to be extended to the eastern boundary and returned along the eastern boundary for a distance of 1.2 metres to match the return on the first floor level.

·                    The glazing line (comprised of operable glass doors) to the eastern elevation of the larger commercial tenancy on ground floor level is to have a nil setback to the street, except at the northern end of this tenancy where the main doorway and entry stairs occur. A solid masonry wall to match the remainder of the elevation is to be used between footpath level and the flood level of RL19.60 where the glazing line is brought forward.

·                    The wall adjacent to the entry stairs of the larger tenancy is to be extended to have a nil setback to the eastern boundary.

 

This condition is imposed to ensure the continuity of street alignment in Anzac Parade and fulfil the objectives in relation to streetscape and urban design under the DCP 16.

 

2.       The metal balustrading to the east facing terrace adjacent the office suite on third floor level is to be deleted in favour of masonry balustrading to the height of the parapet to the southern end of the adjoining building to the north (approximately RL 29.60).

 

This condition is imposed to improve the relationship of the development to the buildings to the north of the site which are noted as being contributory in DCP 16.

 

3.       The ground floor awning to Anzac Parade is to be setback 600mm from the kerb and the underside of the awning is to be a minimum of 3.5 metres above footpath level. The awning is to be straight, however in order to highlight the main building entry, the short, monopitch profile of the butterfly roof shown on the DA plans may be kept as a single element, but is to join up with the remainder of the straight awning to provide continuous cover to the street.

 

This condition is imposed to maintain the streetscape and ensure the awning complies with the established criteria for awnings under Council’s policies.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) including the coloured graphic to be applied to the first and second floor facades are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

5.       Prior to this consent becoming operational, the applicant shall obtain written consent from the owner of the adjoining property to the south (357 Anzac Parade), for the removal of the Ailanthus altissima (Tree of Heaven) located against the common boundary in the rear of the site. Removal of this tree (if agreed) is to be at the applicant’s cost.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director Planning and Environment, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered A102g-A103g, A201g-A204g, A401e and A403b, dated 03/02/05 in the amendments box and stamped received by Council on 3 February 2005, and drawings numbered A101k, A205j and A 404b dated 18/03/05 in the amendments box and stamped received by Council on 18 March 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       An inspection and maintenance schedule for the car lift shall be prepared in consultation with the car lift manufacturer. A copy of the schedule is to be included in the documentation submitted for the construction certificate.

 

3.       The car lift shall be inspected and maintained in accordance with the approved schedule.

 

4.       Any future strata management statement or building management statement shall incorporate the inspection and maintenance schedule for the car lift.

 

5.       Training of all residents in the use of the car lift shall be required as part of any future strata management statement or building management statement.

 

6.       All caretakers shall be trained in the operation of the car lift and a contact number for the caretaker should be provided adjacent to the lift should users require assistance.

 

7.       Manufacturer specifications and instructions for operation of the car lift shall be provided in a clearly visible location adjacent to the car lift.

 

8.       The car lift shall have a manual over-ride system for operation in the event of power/mechanical failure.

 

9.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

10.     There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

11.     External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

12.     All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

13.     No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

14.     Power supply and telecommunications cabling to the development shall be underground.

 

15.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

16.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

          Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

17.     A separate Development Application is required to be submitted to and approved by Council with regard to each separate proposed usage of the building prior to occupancy.

 

18.     Where access is required to adjoining premises for construction purposes, the consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

19.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

20.     All signage and advertising must be in accordance with Council’s Development Control Plan for Outdoor Advertising and development consent must be obtained for all signage and advertising in accordance with Council’s Local Environmental Plan 1998.

 

          All advertising and signage must be written in English language or both English and relevant non-English language equally.  The use of non-English language advertising only is not permissible.

 

21.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency:

 

22.     The development must be designed and constructed to achieve a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a NatHERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

 

          The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

 

23.     The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets. Details of compliance are to be noted in the construction certificate plans or specifications.

 

24.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

25.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

26.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

27.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, including the proposed swimming pool is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

          The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

          The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

28.     In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council.

 

a)      for the provision or improvement of open space                                $13,489.28

b)      for the provision or improvement of community facilities                  $  5,964.32

c)       for townscape improvements                                                              $22,286.67

d)             for car parking                                                                                    $13,230.00

 

          The contribution must be paid in cash or by bank cheque prior to a construction certificate being issued for the proposed development, together with payment of the required Section 94 Administration Fee of $425.00. Council’s Section 94 Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

29.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

30.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

          Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

31.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)       appoint a Principal Certifying Authority for the building work, and

 

ii)      appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

              

iii)     unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

iv)     give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

32.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

33.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

·               name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·               name, address and telephone number of the Principal Certifying Authority,

·               a statement stating that “unauthorised entry to the work site is prohibited”.

 

34.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

35.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

          Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·               has been informed in writing of the licensee’s name and contractor number; and

·               is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

          Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·               has been informed of the person’s name and owner-builder permit number, or

·               has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

36.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

          At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

 

37.     Fire safety notices must be provided to fire-isolated stairways, passageways or ramps in accordance with clause 183 of the Environmental Planning and Assessment Regulation 2000, at all times.

         

38.     A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

39.     The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

          Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

40.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

41.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

          Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

          A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

42.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

43.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandahs, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a)      all of the premises adjoining the subject site.

b)      footpaths and roads immediately adjacent to the premises.

 

          The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

44.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

45.     A Certificate of Adequacy prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

46.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·               The proposed method of shoring/piling and dewatering.

·               The zone of influence of any possible settlement.

·               The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·               Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and requirements of the Department of Environment & Conservation (Formerly DLWC) are satisfied.

·               The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·               Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·               The location of all pumping equipment in relation to the property boundaries.

·               The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·               A report is to be provided from a suitably qualified and experienced Geotechnical and Hydrological Engineers, with the concurrence of the Structural Engineer, which confirms the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement of the adjoining or nearby buildings. Any practices or recommendations made by the consulting Engineer/s must be implemented accordingly.

 

          The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

47.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

48.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

49.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

50.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

          Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

          Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

51.     If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

·               preserve and protect the building /s on the adjoining land from damage; and

·               if necessary, underpin and support the building and excavation in an approved manner; and

·               at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

52.     All building, demolition and associated site works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

53.     The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

54.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

55.     Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

56.     A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority and the Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

          Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

57.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)      Prior to construction of the footings (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks.

 

b)      Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

c)       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

58.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

59.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

          The roadway and footpath must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

          A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

60.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

61.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

62.     A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·           location and construction of protective fencing / hoardings to the perimeter of the site;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

          The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

63.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

          Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

          Dust control measures and practices may include:-

 

§                Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

§                Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

§                Installation of a water sprinkling system or provision hoses or the like.

§                Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

§                Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

§                Revegetation of disturbed areas.

 

64.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing

 

          Details of the proposed sediment control measures are to be detailed in a soil and water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

          Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

65.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

66.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

67.     A temporary timber crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

68.     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

69.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

          A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

          Hoarding or fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

          If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

70.     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

          If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

          The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

          If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

71.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·               any works or hoisting of materials over a public footway or adjoining premises, or

·               any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

          If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

72.     Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·               The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

·               The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

·               A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

·               Hoardings and fences are not to obstruct access for services including fire services.

·               A temporary timber crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, unless access is via an existing concrete crossover.

·               Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

·               The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

·               The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

·               Site access gates to the site shall not open over the footway/road.

·               The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

·               Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

·               If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

73.     ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·               The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

·               Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

·               Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

·               Adequate artificial lighting is to be provided to the hoarding.

·               A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

·               A minimum overhead clearance of 2.2m is to be provided below the hoarding.

·               The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

·               Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

·               The hoarding is to be painted white or other light colour acceptable to Council.

·               Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

·               The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

·               Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

·               A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

·               If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

74.     In addition to the matters contained in the Environmental Planning and Assessment Regulation 2000, the following matters are to be completed in accordance with the terms and conditions of this development consent, prior to the occupation of the building:

 

a)      car parking and vehicular access

b)      landscaping

c)       stormwater drainage

d)      external finishes and materials

e)       swimming pool safety fencing/barriers and acoustic enclosure to pool equipment

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

75.     Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

76.     Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·               New South Wales Occupational Health and Safety Act, 2000;

·               The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·               The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·               Protection Of the Environment Operations Act 1997 (NSW) and

·               Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

77.     Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

78.     Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

79.     Prior to the commencement of works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

80.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

81.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

          The project specific criteria for noise emissions shall be in accordance with the acoustical report dated 25 January 2005, prepared by Acoustic Logic Consultancy, when measured at the nearest affected boundary:

 

Day (7am – 10pm)

Evening (6pm – 10pm)

Night (10pm – 7am)

51 LAeq (15mins)

50 LAeq (15mins)

45 LAeq (15mins)

 

82.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

83.     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

84.     The operation of swimming pool/spa pool pump and equipment is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the equipment shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·               before 8.00am or after 8.00pm on any Sunday or public holiday; or

·               before 7.00am or after 8.00pm on any other day.

 

85.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the:

 

·           Protection of the Environment Operations Act 1997;

·           NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy,

·           Conditions of Council’s approval; and

·           The acoustic report prepared by Acoustic Logic Consultancy dated 25 January 2005.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

86.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

87.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

88.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

89.     The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

90.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)      $1000.00  -           Damage / Civil Works Security Deposit

 

          The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge and upon the completion of the civil works as conditioned in this development consent by Council. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

          The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

91.     The applicant must meet the full cost for Council or a Council approved contractor to:

 

a)      Construct two heavy duty concrete vehicular crossings and laybacks at kerb opposite the proposed vehicular entrances to the site in Houston Lane.

 

b)      Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath and integral kerb and gutter to Council's specification.

 

c)       Reconstruct any damaged sections of kerb and gutter along both site frontages (except opposite the vehicular entrance and exit points).

 

d)      Construct a full width concrete footpath along the full site frontage in Houston Lane. Note: The site frontage includes the 1.0 metre wide road dedication.

 

e)       Reconstruct the Anzac Parade site frontage, in accordance with Council’s Urban Design Guidelines for Kingsford Commercial Centre.  Note: This may include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786

 

92.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

93.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

94.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site.

 

95.     The applicant shall submit to Council for approval, details from a suitably qualified traffic engineer detailing how it is proposed to ensure that the development will not compromise pedestrian safety in Houston Lane. The documentation shall clearly show how adequate sight lines will be provided for vehicles exiting the site.

 

Note: All proposed works/measures required to ensure pedestrian safety must be located wholly within the property.

 

Details are to be submitted to Council prior to the issue of a Construction Certificate. This condition is imposed to ensure that the development will not compromise pedestrian safety in Houston Lane.

 

96.     Prior to the issuing of an occupation certificate, the applicant shall dedicate to Council a minimum 1.00 metre strip of land along the full site frontage in Houston Lane. The applicant shall meet all costs associated with the dedication.

 

          Note: No portion of the development (including basement structures and/or eaves overhang) shall encroach into the dedication.

 

97.     The internal access driveways must be designed and constructed to match the alignment level at the property boundary (as specified by Council) and the driveways must be designed in accordance with AS2890.1:2004.

 

          A longitudinal section of each driveway must be provided with the construction certificate plans, at a scale of 1:20 along the centreline of each driveway. The sections shall demonstrate compliance with the Council issued alignment level at the property boundary, together with satisfactory ramp grades (and transitions) in accordance with AS 2890.1 (2004).

 

98.     A Works Zone is to be provided in Houston Lane for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

          It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

99.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

       Anzac Parade site frontage: Match the back of the existing footpath along the full site frontage.

       Houston lane site frontage: 150mm above the gutter invert along the full site frontage

 

          Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0923.

 

          The design alignment level at the property boundary must be strictly adhered to.

 

100.   The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the gutter invert/footpath must be indicated on the building plans for the construction certificate.

 

101.   The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $885 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

102.   The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular/pedestrian accesses.

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

103.   A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

104.   The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

105.   Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

106.   Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate whether or not an electricity substation is required for the development.

 

107.   A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

          Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges 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 Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

 

108.   The floor level of all habitable and storage areas shall be at a minimum RL of 26.60 (AHD) or suitably waterproofed up to this same level.

 

109.   The proposed southern internal driveway must be designed with a high point at least 50 mm above the issued alignment level (that is, 200mm above the gutter invert in Houston Lane). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

110.   All doors, walls, fences, windows etc on the ground floor level along the Anzac Parade site frontages shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

          It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

111.   Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)      A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage system.

 

d)      The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.       Roof areas

ii.      Paved areas

iii.     Grassed areas

iv.     Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)      The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

112.   All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

113.   All site stormwater must be discharged (by gravity) to either:

 

a)      The kerb and gutter or drainage system at the front the property; OR

b)      A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

114.   Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

115.   Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

          Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

116.   Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

117.   The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

118.   The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)      300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)      600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)       1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

       It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

       Mulch/bark must not be used in onsite detention areas

 

119.   The stormwater detention area (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

120.   The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

          (In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

121.   A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

122.   A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

123.   Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

          The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

124.   A sediment/silt arrester pit must be provided:-

 

a)      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)      prior to stormwater discharging into any absorption/infiltration system.

 

          The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

·                    The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·                    The pit constructed from cast in-situ concrete, precast concrete or double brick.

·                    A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·                    A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

·                    The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·                    A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

·                    A sign adjacent to the pit stating:

 

          “This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

          Note:     Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

125.   Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.       The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

b.       If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

126.   One covered car washing bay shall be provided for this development.

 

a)      The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

b)      The car washing bay must be located outside any required/approved stormwater detention system.

c)       The car washing bay must be signposted with ‘Exclusive Carwash Bay Use Saturday 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

d)      The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

e)       A water tap shall be located adjacent to the car washing bay.

 

127.   Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)      The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

d)      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

e)       The orifice size(s) (if applicable);

f)       Details of any infiltration/absorption systems; and

g)      Details of any pumping systems installed (including wet well volumes).

 

128.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

129.   Should groundwater/seepage water be encountered within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. If tanking is required, a Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)      Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

b)      Adequate provision is to be made for the ground water to drain under the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

130.   Should dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources (DIPNR) to obtain a temporary dewatering license.

 

The following conditions are applied to provide adequate provisions for waste management:

 

131.   The residential garbage room shall be sized to contain the compactor (with safe working area) plus an additional 6 x 240 litre bins (2 garbage bins & 4 recycle bins). The compactor system shall be managed by a caretaker and shall be located in an area that is not accessible by residents. The recycling bins and at least 1 x 240 litre garbage bins shall be located outside of the compactor zone in an area that is accessible by residents.

 

132.   Recyclable wastes shall not be compacted.

 

133.   The compactor shall operate with a compaction ratio of 2:1.

 

134.   The commercial/retail garbage area shall be sized to contain at least 7 x 240 litre bins (comprising 2 garbage bins & 5 recycle bins) whilst providing satisfactory access to these bins.

 

135.   The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

136.   The garbage storage areas are to be clearly signposted.

 

137.   All bins shall be transferred to Houston lane for collection in accordance with the details submitted to satisfy deferred commencement condition 0.

 

138.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

The Waste Management Plan is also to detail how it is proposed to safely transfer bins (with compacted garbage) from the ground floor level to the kerb for collection. This condition is required as the proposed ramp grades (1:5) appear too steep for a caretaker to manually wheel the full bins up to Houston Lane.

 

139.   Prior to the occupation of the development, the owner or applicant is required to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services for the premises.

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

140.   The landscaped areas shown on the plan number LO1, prepared by Angela Lober Landscape Designs, dated August 2004, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority (PCA) prior to the issue of a construction certificate. If Council is not the PCA for this site, the applicant will still be required to forward a copy of the approved plans for Council’s records. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

          The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

Note:

1.      The planters proposed for around the perimeter of the entertaining area will be required to use a species that can provide effective screening to a minimum height of 1 metre.

 

c.       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

Notes:

1.      Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

2.      Council’s Landscape Technician is not aware of any species named Merytasinclairii (Puka) as indicated on the plan. As such, the applicant will be required to clarify this selection or provide a suitable alternative.

 

d.       Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

e.       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

           

141.   All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm. Planter box details shall be submitted with the detailed landscape plans

           

142.   The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

           

143.   The applicant shall submit a landscape design for the Anzac Parade street frontage of the development in accordance with Council’s Urban Design Guidelines for (name of commercial centre). The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

           

          The Landscape Design plans shall be submitted to and approved by Council’s Director of Asset and Infrastructure Services in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

           

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

           

The applicant shall note that the approved landscape works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

           

          A refundable deposit in the form of cash or cheque of $2,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Anzac Parade site frontage.

           

144.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

145.   Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

146.   All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

          All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

Tree Management

 

147.   Approval is granted for the removal of the following trees subject to the planting of 2 x 45 litre broad canopied replacement trees (not palms) within the second floor, outdoor entertaining area. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

           

            a.         Eleven (11) Syagrus romanzoffianum (Cocos Palms) around the perimeter

                        of the existing carpark.

            b.         One Brachychiton acerifolius (Flame Tree) along the southern boundary

           

148.   There is one Ailanthus altissima (Tree of Heaven) in the neighbouring property to the south, whose trunk is located immediately adjacent to the common boundary. This tree is deemed an undesirable species due to its invasive properties, and as such, is not covered by Council’s Tree Preservation Order.

           

          The applicant shall organize for the removal of this tree in accordance with deferred commencement condition 5 prior to the commencement of work on the site.

 

149.   A refundable deposit in the form of cash or cheque for the amount of $5,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

           

          The contribution shall be paid into Landscaping Bond Code R41 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

           

a.       The refundable deposit will be released twelve (12) months after the issue of a final occupation certificate by the principle certifying authority providing the landscape works have been successfully implemented and maintained in accordance with the approved landscape documentation. Throughout the maintenance/bond period, the applicant shall be responsible for all routine maintenance such as grass cutting, weeding, watering, fertilising, spraying, staking and replacement of all failed plant stock.  There must be no alteration to the original design, including substitution of trees and shrubs, without the prior approval of the Principal Certifying Authority.

 

b.       Any contravention of Council's landscape conditions at any time during the construction period or prior to the expiration of a period of twelve (12) months from the date a final occupation certificate is issued will result in the Council claiming all or part of the lodged security.

 

150.   In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

ADVISORY MATTERS:

 

A1.    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

          In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)      Part B1                         -        Structural provisions

b)      Part C1                         -        Fire resistance and stability

c)       Part C3                         -        Protection of openings

d)      Clause C3.2&C3.4       -        Protection of openings in external walls

e)       Clause D1.7                  -        Travel via fire-isolated exits

f)       Part D2                         -        Construction of exits

g)      Clause D2.4                  -        Separation of rising and descending stair flights

h)      Part E1                         -        Fire fighting equipment

i)       Part E2                         -        Smoke Hazard Management

j)       Part E3                         -        Lift Installations

k)      Part E4                         -        Emergency lighting, exit signs & warning

                                                         systems

l)       Part F1                         -        Damp and weatherproofing

m)     Part F5                         -        Sound Transmission and Insulation

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

          You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

MOTION: (Nash/His Worship the Mayor, Cr M. Matson) that Council as the responsible authority refuse its development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/0735/2004 for the Demolition of existing structures on the site and construction of new 9 storey mixed use development comprising 7 residential units, 2 commercial tenancies and 3 office suites and associated parking for 26 vehicles and swimming pool at 353-355 Anzac Parade, Kingsford as the proposed development exceeds the numerical height controls of the Randwick LEP 1998 and the SEPP1 objection is not well founded.  LOST.

 

A division was called for by Crs Daley & Bastic.  Voting was as follows:-

 

For                                          Against

 

Belleli                                       Andrews

Kenny                                      Bastic

Nash                                        Daley

Notley-Smith                            Hughes

Seng                                         His Worship the Cr M. Matson

Woodsmith                               Procopiadis

                                                Sullivan

                                                Tracey

                                                White

 

MOTION: (Bastic/Andrews)  SEE RESOLUTION.

 

6.3       DEVELOPMENT APPLICATION REPORT - 30-32 EASTBOURNE AVE, CLOVELLY.  (DA0971/2004)

 

H31     RESOLUTION (PROCEDURAL MOTION):  (Woodsmith/His Worship the Mayor, Cr M. Matson) that this application be deferred to the next Ordinary Council Meeting to allow amended plans to be submitted to Council which incorporate the requirements of the deferred commencement conditions in relation to height and privacy.

 

MOTION: (Andrews/Daley) that Council as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 04/00971 for alterations and additions to the existing dwelling including enlarged ground and first floors, internal reconfiguration of ground and first floors and new pool and rear landscaping at 30-32 Eastbourne Ave, Clovelly subject to the conditions outlined in the Director, City Planning’s Report.

 

PROCEDURAL MOTION: (Woodsmith/His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

7.                  GENERAL BUSINESS.

 

Nil.

 

8.                  NOTICE OF RESCISSION MOTIONS.

 

Nil.

 

The meeting closed at 8.46 p.m.

 

 

 

 

 

……………………………………….

CHAIRPERSON