2 Tessa Street, CHATSWOOD NSW 2067

WARD INSPECTION COMMITTEE

2 Tessa Street, CHATSWOOD NSW 2067. (Ward: West)

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2 Tessa Street, CHATSWOOD NSW 2067.DA NO: DA-2015/251

ATTACHMENTS: 1. NOTIFICATION MAP2. ARCHITECTURAL PLANS

DATE: 13-APR-2016

RECOMMENDATION: APPROVAL

LOCATION: 2 TESSA STREET, CHATSWOOD NSW 2067.

APPLICANT: HARTDESIGN PTY LTD

OWNER: JENNY-LYNN PROPERTIES PTY LIMITED

PROPOSAL: ALTERATIONS AND ADDITIONS TO EXISTING RESIDENTIAL AGED CARE FACILITY INCLUDING INSTALLATION OF NEW LIFT AND LANDSCAPING.

DATE OF LODGEMENT: 25-JUN-2015

VALID APPLICATION DATE: 25-JUN-2015

REPORTING OFFICER: CHI WAI KONG ( DEVELOPMENT PLANNER )

RESPONSIBLE OFFICER: ANNIE LEUNG (DEVELOPMENT PLANNING TEAM LEADER)

DESCRIPTION OF PROPOSAL

The proposed development for alterations and additions to an existing aged care facility involve the relocation of the existing kitchen to provide 2 additional aged care bedrooms, construction of a new lift on the western side of the building and new boundary fence along View Street and Tessa Street.

The proposed alterations and additions will result in an increase in aged care beds from 56 to 58. Eight (8) car parking spaces including 1 ambulance space and 2 disabled spaces are proposed on the ground floor level. At present, there is a maximum of 16 staff at one time.

Delegation

The application is referred to the West Ward Councillor Committee for consideration due to more than 3 public submissions were received.


2 Tessa Street, CHATSWOOD NSW 2067. (Cont.) (Ward: West)

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Neighbour Notification

The application was notified to the neighbouring properties for a period of 21 days and 5 submissions were received, namely Nos. 4,6,12 and 20 Tessa Street and Unit 2/8 View Street. The issues of concern raised are as follows:

No. 4 Tessa Street New lift shaft: Visual impact including height and finished material, and noise

generated from the machinery. Visual impact of the first floor balcony on the western elevation. Colours and finished materials of the new fence to the satisfaction of Council. Extension of the new fence to the rear forecourt entrance and improvement to the

landscaped area of the Tessa Street frontage will reduce the impact of the new lift shaft.

The unauthorised building works that have been carried out without the consent of Council should be included as part of this DA.

No. 6 Tessa Street New lift shaft and balcony – brick finish is not supported. Materials and design of the fence do not match that in the Conservation Area. Extend and improve the landscape area on the Tessa Street frontage and open

courtyard. The recommended plant species are not appropriate in the area.

No. 12 Tessa Street Whether or the existing fence/retaining wall was built with Council approval. The existing fence being built is overbearing, not the same as that shown on the

plans and will create a blind spot for traffic turning from Tessa Street to View Street. The fence is visually overbeading but has been hidden by a retaining wall on the plans.

No. 20 Tessa Street New lift shaft should be rendered. Drainage problem with the retaining wall. The fence does not match the character of the Heritage Conservation Area.

Unit 2/8 View Street The provision of 7 car parking spaces instead of 8 spaces as required. The parking of tradesmen at View Street will affect the on-street parking at View

Street.

The applicant has submitted amended stormwater management plans and architectural plans showing the extension of the boundary fence at Tessa Street frontage and the new lift shaft to be rendered. Noting the amendments are an improvement to the original proposal and as such re-notification is not required.

Existing Building and Site Context

The subject site is located on the south-western corner of the intersection of View Street and Tessa Street and is within the Blue Gum Heritage Conservation Area. The site falls from View Street to Tessa Street.



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The existing residential aged care facility is a 3 storey building with the main access to the building via the second floor level from View Street. The vehicular access to the ground floor level is via Tessa Street.

Fig.1 View from Tessa Street Fig. 2 View from View Street

On the eastern side of View Street are mostly residential flat developments, and a church is located at the junction of View Street and Fullers Road to the south. Immediately to the south of the subject site is a 2-storey residential flat building at No 8 View Street. On both sides of Tessa Street are mostly single storey dwelling houses.

Fig. 3 Location of the application site



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Relevant History

Development application for alterations and additions to existing nursing home for 50 beds (DA 83/231) was approved by Council on 29 August 1983.

The construction works of the boundary fence currently being carried out along the View Street frontage and Tessa Street frontage are unauthorised building works and a Building Certification application is being assessed by Council.

During assessment of the current application, the applicant has submitted acoustic impact assessment report, amended architectural plans and stormwater management plans to Council for consideration.

Controls and Classification

Willoughby Local Environmental Plan 2012 Zoning: R2 – Low Density ResidentialConservation area Blue Gum Heritage Conservation AreaHeritage Item NoBushfire Prone Area NoForeshore Protection Area NoFlood related planning control NoApplicable DCP WDCPApplicable SEPPs SEPP (BAXIS) & SEPP (Housing for

Seniors or People with Disability) 2004Relevant policies and resolutions N/ADeveloper’s Contribution Plans: a. S94A/s94: Yes

b. Applicable rate (%): 1%c. The cost of development:

$393,900d. Date of accepted cost of

development: 25 June 2015e. The total contribution payable

(subject to Building Price Indexing (Enterprise Bargaining Agreement)): $3,939

Development Statistics

The following statistics relate to the development standards under the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. These development standards prevail over the numerical development controls under the provisions of WLEP 2012 and WDCP.

Existing Proposed Standard Compliancea) Site Area 1662m2 No change 1,000m2 Yesb) Frontage 30.2m No change 20m Yesc) Height 9m 9.5m 8.0m No(1)

d) Height 3 storeys No change 2 storeys adjacent to a

boundary

No(1)

e) Height 3 storeys No change 1 storey in rear 25%

No(1)



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Existing Proposed Standard Compliancef) Gross Floor Area 1192.1m2 No change 1662m2 Yesg) Floor Space Ratio 0.72:1 No change 1:1 Yesh) No. of beds 56 58 - -i) Landscaped Area 256.3m2

4.6 m2/bed305.6 m2

5.3m2/bed1450m2

25m2/bedNo(2)

No(2)

j) Car Spaces 7 8 (6 spaces include 2 disabled

parking spaces and 1

ambulance space)

15 (1 per 10 beds + 1 per 2 employees)

+ 1 ambulance

space

No(2)

k) Location and access to facilities and/or transport service

Close to Bus stops at

Fullers Road

No change 400m and pathway

gradient not more than

1:14

Yes (via a bus service in

accordance with Clause

26(2)(b)

Compliance with Plans or Policies

1) The existing building exceeds 8m high, 2-storey height adjacent to a boundary and the 1 storey height in the rear 25% of the site. The new lift shaft of 9.5m high also exceeds the 8m maximum height control.

The application to vary these development controls in accordance with the provisions of Clause 4.6 under WLEP 2012 is addressed in the ‘assessment’ section of this report.

2) The existing development does not meet the required car parking and landscaping provisions. The proposal will contribute to additional non-compliances with these requirements. . This matter is further discussed in the ‘Assessment’ Section of this report.

Referrals

Environmental Health:

Council’s Environmental Health Officer is satisfied with the submitted acoustic impact assessment report relating to the new lift, and has advised that there is no objection to the proposal subject to the environmental health conditions included in the attached ‘Schedule of Conditions’.

Infrastructure:

Council’s Development Engineer has reviewed the additional information and amended stormwater management plans. There is no further objection to the proposal subject to the standard engineering conditions included in the attached ‘Schedule of Conditions’. Community Services:



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Council’s Aged and Disability Services Coordinator raised concerns of whether the provision of 7 parking spaces is adequate or not, and that there is no information of the mandatory provision of fire sprinkler system and compliance with BCA requirement relating to the bedroom size.

In response to these concerns, the applicant submitted a plan showing the provision of 8 parking spaces, including 2 disabled parking spaces and 1 ambulance space. Also, the submitted annual fire safety certificate indicates the provision of automatic fire sprinkler system in the building.

Heritage:

Council’s Heritage Architect advised that:

The proposals (including lift located to the rear of building) are not considered to have an adverse heritage impact on the Blue Gum Conservation Area. The existing fence is to be replaced with a generally complying open form fence with brick piers. (A number of discussions have been held with the applicant to ensure the fence design is integrated within the streetscape of Tessa Street). The height of the brick piers slightly exceeds the controls, however, given the position of the site on the corner, its sloping topography and institutional nature of the building it is considered compatible. The provision of further landscaping, and the demolition of existing ramps, is considered a positive contribution to the streetscape.

Further, it is recommended that the new lift shaft be of a colour and finish to integrate with the existing building and the Blue Gum Conservation Area generally; and consideration be given to extending new fence to its western boundary to further integrate fence into the streetscape of the Blue Gum Conservation Area.

In response to the concerns raised, the applicant submitted amended plans showing the new lift shaft will be rendered and the extended portion of fencing along Tessa Street elevation. Council’s Heritage Architect is satisfied with the amended proposal and recommended standard conditions related to the external finishes of the building included in the attached ‘Schedule of Conditions’.

Waste:

Council’s Waste Strategy Coordinator reviewed the Waste Management Plan, and raised no objections to the proposed development subject to standard conditions included in the attached ‘Schedule of Conditions’.

Landscaping:

Council’s Open Space Officer raised no objection to the proposed development subject to the landscaping conditions including the recommendation of tree planting to matured height up to 2m at the planter box on eastern side of the paved courtyard on the first floor level included in the attached ‘Schedule of Conditions’.

Building:

Council’s Building Surveyor raised no objection subject to the standard building conditions included in the attached ‘Schedule of Conditions’.



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ASSESSMENT

Matters for Consideration Under S.79C EP&A ActSatisfactory Unsatisfactory Not Relevant N/A

(a)(i) The provisions of any environmental planning instrument (EPI)State Environmental Planning Policies (SEPP) Regional Environmental Plans (REP) Local Environmental Plans (LEP)

Comment: The proposed development is permissible in accordance with SEPP (Seniors) and the R2 Low Density Residential Zone under WLEP 2012.However, it does not fully comply with the height requirements under the provisions of SEPP (Seniors).

An application to vary the development controls is addressed in the ‘Clause 4.6 – Exceptions to development standards’ section of this report.

(a)(ii) The provision of any draft environmental planning instrument (EPI)Draft State Environmental Planning Policies (SEPP) N/ADraft Regional Environmental Plans (REP) N/ADraft Local Environmental Plans (LEP) Housekeeping amendments

Comment: No specific issue relates to this application.

(a)(iii) Any development control plansDevelopment control plans (DCPs)

Comment: Part G.6 (Residential Care Facilities) of WDCP does not apply to the proposed development. The application is required to be assessed in accordance with the numerical development controls, design requirements and principles under the provisions of SEPP (Seniors). These matters are addressed in the ‘Assessment’ section of this report.

(a)(iv) Any matters prescribed by the regulationsClause 92 EP&A Regulation-Demolition Clause 93 EP&A Regulation-Fire Safety Considerations Clause 94 EP&A Regulation-Fire Upgrade of Existing Buildings N/A

Comment: The fire safety issues will be considered during the assessment of the Construction Certificate application stage.

(b) The likely impacts of the developmentContext & setting Access, transport & traffic, parking Servicing, loading/unloading Public domain Utilities Heritage (Blue Gum Heritage Conservation Area) Privacy Views Solar Access Water and draining Soils



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Matters for Consideration Under S.79C EP&A ActSatisfactory Unsatisfactory Not Relevant N/A

Air & microclimate Flora & fauna Waste Energy Noise & vibration Natural hazards N/ASafety, security crime prevention Social impact in the locality Economic impact in the locality Site design and internal design Construction Cumulative impacts

Comment: Subject to appropriate conditions, it is considered that the proposed development will not have significant adverse impacts on adjoining and nearby residents or the public domain.

(c) The suitability of the site for the developmentDoes the proposal fit in the locality? Are the site attributes conducive to this development?

Comment: It is considered that the proposed development is in keeping with the existing and future residential character of the locality.

(d) Any submissions made in accordance with this Act or the regulationsPublic submissions Submissions from public authorities N/A

The issues raised in the submissions are discussed in the ‘Assessment’ and ‘Neighbour Notification Issues’ sections of this report.

(e) The public interestFederal, State and Local Government interests and Community interests

Comment: The proposal provides 2 additional beds to an existing residential aged care facility to meet the future needs of seniors, and therefore approval of the proposed development is considered to be in the public interest.

Willoughby Local Environmental Plan (WLEP) 2012

The proposed development is consistent with Clause 1.2 (Aim of Plan) relating to housing, ‘to provide opportunities for a range of housing choice in Willoughby to cater for changing population needs in accessible locations.’

The proposed development is also consistent with the relevant specific objective of the R2 Low Density Residential Zone to ‘accommodate development that is compatible with the scale and character of the surrounding residential development’.

The proposal does not comply with the 8.5m building height control under WLEP 2012. However, this numerical development control does not apply as the provisions of SEPP (Seniors) prevails over any similar provision of a local planning instrument.



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In accordance with Clause 5.10(4) of WLEP 2012, Council’s Heritage Architect has considered the effects of the proposed development on the heritage significance of the Blue Gum Heritage Conservation Area, and the proposal is considered to have acceptable impacts.

State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004

Design requirements

In accordance with Clause 31, Council must take into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development. The application is for alterations and additions to the existing residential aged care building and construction of a new lift shaft and boundary fence. Therefore, the design principles are not required to be addressed in detail in accordance with these guidelines.

Design principles

Clauses 33 to 39 relate to a number of design principles, including: neighbourhood amenity and streetscape; visual and acoustic privacy; solar access; stormwater; accessibility; and, waste management. These matters have been satisfactorily addressed in the SEE submitted with the application.

Development standards

The proposal complies with the applicable development standards with the exception of thebuilding height standards in accordance with Clause 40(4)(a), (b) & (c):

maximum building height restriction of 8m, 2 storeys adjacent to a boundary of the site; and 1 storey within the rear 25% of the site

The application to vary these height provisions are discussed in the ‘Clause 4.6 – Exceptions to development standards’ section of this report.

Development standards that cannot be used as grounds to refuse consent

Clause 48 provides development standards relating to building height, density and scale, landscaped area, and car parking which cannot be used as grounds to refuse consent.

The proposed development does not comply with the development standards that cannot be used as grounds to refuse consent. The ‘note’ relating to Clause 48 states:

‘The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.’

The existing development presents significant numeric shortfall of car parking spaces and landscaping area as required by this part, and the current application which only involves the addition of two (2) beds do not substantially change these numerical departures.



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Based on the requirements of 1 car space to be provided per 10 beds, the proposed two (2) additional beds are not considered to create substantial increase in car parking demand. Nevertheless, the proposed development will provide one additional car space than the existing development, as well as general improvements to the car parking area including the provisions of disabled car parking and an ambulance space.

Further, the Assessing Officer notes that the second last bay on the ground floor that currently used for temporary storage could be used for parking space and 1 disabled parking space is to be provided instead of 2 spaces. As such, the total number of parking spaces will be increased to nine (9). A condition is recommended in this respect (Condition 2(b))

The propose alterations and additions to the existing development does not provide opportunity to substantially increase the landscaping area of the site. However, the landscape plan submitted with the application provides a quality integrated landscaping design, including the provision of screen planting along the eastern side of the retaining wall on the first floor paved open courtyard. It is considered that the location and extent of private and communal open space is adequate to meet the needs of residents of the proposed facility.

Further, in order to enhance the amenity of the open courtyard it is recommended that a planter box of a minimum width of 1m is to be constructed along the northern side of the courtyard to include screen planting up to mature height of 2m to soften the external finish of the retaining wall. A condition is recommended to the imposed in this respect (Condition 2(e)).

Clause 4.6 – Exceptions to development standards

The following controls relate to building height in accordance with Clause 40(4) under SEPP (Seniors):

(a) the height of all buildings in the proposed development must be 8 metres or less, and

(b) a building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height, and

(c) a building located in the rear 25% area of the site must not exceed 1 storey in height.

The proposed development does not comply with the 8.0m height limit under Clause 40(4)(a) and the other two height controls under Clause 40(4)(b) & (c). In this regard Clause 4.6 under WLEP 2012 provides flexibility in the application of planning controls where it can be demonstrated that compliance is unreasonable or unnecessary in the circumstances of the case and there are sufficient environmental planning grounds to justify contravening the development standards.

In accordance with Clause 4.6 the applicant lodged a written request to vary the development controls relating to the height provisions under SEPP (Seniors). In consideration of the application to vary the development controls, Council is required to address the following matters:

Objectives of the zone

As stated elsewhere in the report, the proposed development is consistent with the relevant specific objective of the R2 Low Density Residential Zone to ‘accommodate development that is compatible with the scale and character of the surrounding residential development’.



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Comment:

The proposal is to construct a new lift shaft to the existing 3-storey residential aged care building. It is considered that the proposed development maintains the same building scale as the existing development and is not inconsistent with the character of the locality.

Objectives of the standards

Whilst the SEPP (Seniors) does not specifically outline the objectives of the development controls relating to height, the relevant objectives of Clause 4.3 (Height of buildings) under WLEP 2012 state:

(a) to ensure that new development is in harmony with the bulk and scale of surrounding buildings and the streetscape,

(b) to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,

(c) to ensure a high visual quality of the development when viewed from adjoining properties, the street, waterways, public reserves or foreshores,

(d) to minimise disruption to existing views or to achieve reasonable view sharing from adjacent developments or from public open spaces with the height and bulk of the development,

(e) to set upper limits for the height of buildings that are consistent with the redevelopment potential of the relevant land given other development restrictions, such as floor space and landscaping,

(f) to use maximum height limits to assist in responding to the current and desired future character of the locality,

Comment:

The existing building is adjacent to the boundaries of a residential zone where residential flat buildings are not permitted. Therefore, the building adjoining these boundaries should not exceed 2 storeys. The ‘note’ relating to this control states:

‘The purpose of this paragraph is to avoid an abrupt change in the scale of development in the streetscape’.

The existing building is 3 storeys and has a building height of 9m. A 9.5m high new lift shaft is proposed to be constructed on the western elevation. The proposal will not result in abrupt changes in the scale of development along the View Street (east elevation) or Tessa Street (north elevation) street frontage. It is therefore considered the proposal is in keeping with the intent with this provision.

The extent of the existing 3-storey building located in the rear 25% of the site and adjoins the 2-storey residential flat building development at No. 8 View Street at the rear. In support of the non-compliance, the application to vary the height control states:

The extent of the existing two storey building located in the rear 25% of the site. There is a two storey multi dwelling building to the south at 8 View Street. The proposed development does not involve any external work or increase to the

existing two storey height of the building in this portion of the site.

It should be noted that the lift shaft proposed in the middle of the western elevation of the building is 3.5m (depth) by 3.2m (width) by 9.5m (height) and will not result in excessive bulk



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and scale, overshadowing, loss of privacy or visual intrusion. The lift shaft does not materially alter the number of storey contained in the existing 3 storey development.

Therefore, it is considered the proposal satisfies the intent of this provision and the compliance with the development standards would be unreasonable and unnecessary in this circumstances.

Any matters of significance for State or regional planning

Council has the assumed concurrence of the Director-General to vary statutory development standards. The variation is not considered to raise any matters of significance for State or regional environmental planning.

Key strategies of State and regional planning is to provide a variety of housing that is suitable and adaptable for an aging population, and encourage residents to stay within their community. It is considered that the variation of the building height controls will not result in any inconsistencies with these strategies or any other matters of State or regional significance.

Public benefit

Council is also required to consider the public benefit of maintaining the development standard.

Comment:

The non-compliance with the height controls will not result in significant adverse impacts and the proposal will result in positive social outcomes. It is considered that a variation of the height controls in the particular circumstances is acceptable and it will not undermine the implementation of the height controls for future similar development applications.

Neighbour Notification Issues:

New lift shaft

A few submissions raised concerns about the new lift shaft, including its non-compliance with the height controls, finished materials and noise.

The non-compliance with the height controls and the likely impacts have been adequately addressed in the ‘Assessment’ Section of this report.

The applicant has submitted plans showing the lift shaft will be rendered and Council’s Heritage Architect has considered the proposed finished to be satisfactory from a heritage point of view.

Council’s Environmental Health Coordinator is satisfied with the acoustic impact assessment report submitted during assessment in response to concerns raised regarding the potential noise impacts of the new lift shaft.



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New fence

The construction of the boundary fence along the eastern (View Street frontage) and northern (Tessa Street frontage) sides of the property is unauthorised building works and has currently ceased as a result of the enforcement actions taken by Council’s Compliance Unit.

The subject boundary fence will be reconstructed in accordance with the design, which is an open form fence with brick piers, as shown in the submitted architectural plans. The new fence will also be extended to the western boundary to complement the streetscape of the Blue Gum Conservation Area.

Council’s Heritage Architect advised that the design of the boundary fence is consistent with the conservation character of the locality and the schedule of colours and textures shall be submitted to the satisfaction of the Principal Certifying Authority. A condition is recommended in this respect (Condition 7).

New balcony

The external finish of the balcony of the 2 new bedrooms on the western elevation will be rendered (Condition 2(a)) and to match the existing rendered building and the proposed lift shaft. These works are not considered to cause significant visual impact to adjoining and surrounding developments.

The additional overlooking from the balcony of the additional 2 bedrooms to the properties on the western side namely, Nos. 4 and 6 Tessa Street is not considered to be significant as Nos. 4 and 6 are located on the low side adjoining the retaining wall of the subject site. Further, the balcony is not the only activity area of the 2 new bedrooms.

Landscaping

The landscaped area along the Tessa Street frontage will be extended to the western boundary of the site. A planter box of 1m wide to include tree planting to mature height of 2m is recommended on the northern side of the paved courtyard to enhance the amenity. Council’s Landscape Architect recommended in the consent conditions that the plantings proposed in the planter boxes located on the eastern side of the paved courtyard to be replaced with plants of mature height of 2m.

Car parking

As discussed in the ‘Assessment’ Section the recommended total number of car parking is 9, which is 2 more than that of existing.

The on-street parking spaces at View Street and Tessa Street are time restricted parking with resident permit parking. As such, the tradesmen could not park their cars on the same spaces for the whole day.

Drainage issue with the retaining wall

The applicant has submitted a certification of the concerned retaining wall issued by a qualified engineer that the retaining wall is generally in accordance with the requirements of relevant Australian Standards.



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CONCLUSION

The proposed development comprises internal alterations and additions of 2 bedrooms and a lift to an existing residential care facility. It is considered that the design of the proposed additions will achieve an improvement to the amenity for both existing and future residents and is not considered to cause unreasonable additional impacts to the adjoining properties.

The existing building does not comply with the height standard and that the additional non-compliance is mostly related to the new lift shaft which is required to service the existing three storey facility and to meet current accessibility standards. In accordance with the provisions of Clause 4.6 of WLEP 2012 – Exceptions for development standards, it is considered that variation of the height controls have been justified and therefore considered acceptable for the proposed development.

The application has been assessed under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. The application is recommended for approval subject to the attached conditions, noting the proposal is compatible and in keeping with the residential and conservation characters of the Blue Gum Heritage Conservation Area and it does not result in significant or unreasonable adverse impacts upon the public domain or surrounding residential properties.

OFFICER’S RECOMMENDATION

That Council

a) supports the application to vary the height controls in accordance with Clause 4.6 of WLEP 2012 as it is considered unreasonable and unnecessary to comply with the development standard under Clauses 40(4)(a), 40(4)(b) and 40(4)(c) of SEPP (Seniors), noting the special circumstances of the proposed development being:

The non-compliances will not have significant adverse impacts on the amenity of adjoining and nearby residence in terms of excessive bulk and scale, overshadowing, loss of privacy or visual intrusion.

The existing building does not comply with the height standard and that the additional non-compliance is mostly related to the new lift shaft which is required to service the existing three storey facility and to meet current accessibility standards.

b) approves development application 2015/251 seeking consent for alterations and additions to the existing residential aged care facility including installation of new lift and landscaping at No 2 Tessa Street Chatswood.

grants delegated authority to the General Manager to issue the development consent notice subject to the attached conditions, noting the special circumstances for the variation of the height controls under SEPP (Seniors), being those outlined in the Clause 4.6 application above.



SCHEDULE

Conditions of Consent: (Including reasons for such conditions)

CONSENT IDENTIFICATION

The following condition provides information on what forms part of the Consent.

1. Approved Plan/Details

The development must be in accordance with the following plans:

Type Plan No. Revision/ Issue No

Plan Date (as Amended)

Date Stamped by Council

Prepared by

Proposed G/F

& 1/F plan

Sheet 01

of 03

Proposed 2/F,

landscape

plan & front

boundary

fence

Sheet 02

of 03

Proposed

elevations &

sections

Sheet 03

of 03

B 6 October

2015

Landscape

plan

L001 A

06.09.15

25 June 2015

Hartdesign

Architectural Design

Drafters

On-site

stormwater

detention

system

-

Proposed

courtyard &

external works

13MB558

1/D01

C 02/02/16 4 February

2016

United Consulting

Engineers Pty Ltd

Proposed G/F

plan

Marked

“A”

- - 18 November

2015

Submitted by the

applicant

the application form and any other supporting documentation submitted as part of the application, except for:

a) any modifications which are “Exempt Development” as defined under S76(2) of the Environmental Planning and Assessment Act 1979;

b) otherwise provided by the conditions of this consent.(Reason: Information and ensure compliance)



PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a construction certificate.

2. Amendments

The proposal is to be amended in the following manner:

(a) Render the external face brick of the two (2) first floor new bedrooms balcony to match the colour of the building.

(b) Nine (9) car parking spaces including one (1) disabled parking space and one (1) ambulance parking space are to be provided on the ground floor

(c) This requires reverting the second last bay on the ground floor that is currently being used for storage back to a car parking space.

(d) Construct a planter box of a minimum width of 1m along the northern side of the first floor paved courtyard to include screen planting of evergreen species capable of attaining a minimum height of 2 metres at maturity, minimum pot size of 300mm and planted at maximum of 1.5 metres between centres.

Plans detailing these amendments are required to be shown on the Construction Certificate plans.

(Reason: Ensure compliance)

3. Section 94A Contributions

A monetary contribution of $3,939 (subject to indexing as outlined below) is to be paid in accordance with Section 94A of the Environmental Planning and Assessment Act, 1979.

This contribution is based on 1% of the estimated development cost of $393,900 at 25 June 2015 and the adopted Section 94A Contributions Plan.

To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Building Price Index (Enterprise Bargaining Agreement) [BPI(EBA)] between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan.

To calculate the indexed levy, the formula used to determine the cash contribution is set out below.

NL = $Lo + $Lo x [current index – base index] base indexWhere:

NL is the new section 94A levy



Lo is the original levy

Current index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works available at the time of review of the contribution rate

Base index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works at the date of the proposed cost of development as above

In the event that the current BPI(EBA) is less than the previous BPI(EBA), the current BPI(EBA) shall be taken as not less than the previous BPI(EBA).

Prior to payment Council can provide the value of the indexed levy.

Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au(Reason: Statutory requirement)

4. Waste Bin Storage Area

A waste bin storage area must be provided by the development. It must be of sufficient size to accommodate the waste generated by the development. The design is to comply with Part C.8 of the Willoughby Development Control Plan – Waste Management.

Plans and details demonstrating compliance must be shown on the Construction Certificate plans and approved by the Certifying Authority.(Reason: Waste management and ensure compliance)

5. Sydney Water ‘Tap In’

The approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met.

An approval receipt will need to be obtained prior to release of the Construction Certificate.(Reason: Ensure compliance)

6. Fire Safety Schedule

Submission of the anticipated schedule of current and proposed fire safety measures to be implemented in the building, such fire safety schedule shall specify the minimum standard of performance for each fire safety measure.(Reason: Compliance)



7. External Finishes – Heritage Character

All external building material shall be in colours and textures, which are compatible with the heritage character of the locality. In this regard:

(a) a schedule of these colours and textures shall be submitted to the Principal Certifying Authority;

(Reason: Visual amenity)

8. Damage Deposit

The applicant shall lodge a Damage Deposit of $7,500 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $100 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit.(Reason: Protection of public asset)

9. Stormwater Conveyed to Street Drainage

Stormwater runoff from the site shall be collected and conveyed to the street drainage system in accordance with Council’s specifications. Any new drainage pipe connections to street kerb shall be made using a 125mm x 75mm x 4mm thick galvanised Rectangular Hollow Section (RHS) with a grated drainage pit (min. 600mm x 600mm) provided within the property and adjacent to the boundary prior to discharging to the Council’s drainage system. All drainage works shall comply with the requirements described in Part C.5 of Council’s DCP and Technical Standards. In this regard, full design and construction details showing the method of disposal of surface and roof water from the site shall be shown on the Construction Certificate plans.(Reason: Stormwater control)

10. Detailed Stormwater Management Plan (SWMP)

Submit for approval by the Certifying Authority, detailed stormwater management plans in relation to the on-site stormwater management and disposal system for the development. The construction drawings and specifications shall be prepared by a suitably qualified and experienced civil engineer and in accordance with the stormwater management plans. All drawings shall comply with Part C.5 of Council’sDevelopment Control Plan and Technical Standards, AS3500.3 – Plumbing and Drainage Code and National Construction Code.(Reason: Ensure compliance)



11. Basement Pumpout Drainage System

The applicant shall submit, for approval by the Certifying Authority, detailed stormwater management plans in relation to the pump-out drainage system. The construction drawings and specifications, shall be generally in accordance with the approved stormwater management plans with the following requirements:

The pumpout drainage system shall comprise with two (2) submersible type pumps. The two pumps shall be designed to work on an alternative basis to ensure both pumps receive equal use and neither remains continuously idle.

Each pump shall have a minimum capacity of 10L/s or shall be based on the flow rate generated from the 1 in 100 year ARI 5-minutes duration storm event of the area draining into the system, whichever is greater.

An alarm warning device (including signage and flashing strobe light) shall be provided for the pump-out system to advise the occupant of pump failure. The location of the signage and flashing strobe light shall be shown on the stormwater management plans.

The volume of the pump-out tank shall be designed with a minimum storage capacity equivalent to the runoff volume generated from of the area draining into the tank for the 1 in 100 year ARI 2-hours duration storm event.

All drawings shall be prepared by a suitably qualified and experienced civil engineer and shall comply with Part C.5 of Council’s Development Control Plan, AS3500.3 –Plumbing and Drainage Code and the National Construction Code.(Reason: Prevent nuisance flooding)

12. Amended landscape plan

The landscape plan is to be amended as follows:

i) Raphiolepis indica indicated along the eastern boundary of the Paved Courtyard is to be replaced with evergreen species capable of attaining a minimum height of 2 metres at maturity, minimum pot size of 300mm and planted at maximum of 1.5 metres between centres.

ii) Screen planting is to be planted within a garden bed a minimum of 1 metre wide and mulched, watered and maintained according to industry best practice.

Reason: Landscape Amenity

13. Hazardous Building Material Assessment

A hazardous building material assessment shall be undertaken by an appropriate qualified person and is to be submitted to the Certifying Authority for approval. The assessment shall identify any likely hazardous materials within any structure to be demolished and provide procedures on how to handle and dispose of such materials.(Reason: Environmental protection/public health and safety)

14. Noise Mechanical Services

To minimise the impact of noise onto residential receivers, all mechanical services shall be designed and installed to ensure ambient noise levels are maintained. Details of the proposed equipment, siting and any attenuation required shall accompany the application for Construction Certificate. (Reason: Amenity)



PRIOR TO COMMENCEMENT

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site, including demolition.

15. Report Existing Damages on Council’s Property

Prior to commencement of any works on site, the applicant shall notify Council in writing with digital photographs of any existing damages to Council’s assets fronting the property and the immediate adjoining properties. Failure to do so will result in the applicant being liable for any construction related damages to these assets. In this respect, the damage deposit lodged by the applicant may be used by Council to repair such damages.(Reasons: Protection of Council’s Infrastructure)

16. Permits and Approvals Required

Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:-

a) Permit to erect Builder's hoarding where buildings are to be erected or demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.

b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval.

It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.

c) Permit to open public roads, including footpaths, nature strip, vehicular crossing or for any purpose whatsoever. All applications are to include current fees.

d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).

e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).

f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.



g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.

(Reason: Legal requirements)

17. Application for Vehicle crossing

Submit an application with fees to Council for the construction of a plain concrete vehicular crossing.(Reason: Protection of public asset)

DURING DEMOLITION, EXCAVATION AND CONSTRUCTION

The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction.

18. Removal of Material

Remove all excess excavation and construction material from the site at the completion of works to the satisfaction of the Certifying Authority. Under no circumstances should any material be dumped or allowed to spill –(a) on to the adjoining public reserve.(b) outside the primary or secondary building areas.

(Reason: Environmental protection)

19. Hours of Work

All construction/demolition work relating to this Development Consent within the City, unless varied by an Out of Hours Work Permit, must be carried out only between the hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays.

An application for an Out of Hours Work Permit to allow variation to these approved hours must be lodged with Council at least 48 hours prior to the proposed commencement of the work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and must be accompanied by the required fee. One (1) permit is required for each variation to the approved working hours within any 24 hour period.

If a variation to these approved hours for multiple or extended periods is sought, an application under Section 96 of the Environmental Planning and Assessment Act 1979 must be lodged with Council at least twenty-one (21) days in advance of the proposed changes to the hours of work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and be accompanied by the required fee. Note: This S96 application may require re-notification in some circumstances.(Reason: Ensure compliance and amenity)



20. Construction Information Sign

A clearly visible all weather sign is required to be erected in a prominent position on the site detailing:

(a) that unauthorised entry to the work site is prohibited;(b) the excavator’s and / or the demolisher’s and / or the builder's name;(c) contact phone number/after hours emergency number;(d) licence number;(e) approved hours of site work; and(f) name, address and contact phone number of the Certifying Authority (if other

than Council)ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED.

Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building.(Reason: Ensure compliance)

21. Provide Erosion and Sediment Control

Erosion and sediment control devices shall be provided whilst work is being carried out in order to prevent sediment and silt from site works (including demolition and/or excavation) being conveyed by stormwater into Council’s stormwater system natural watercourses, bushland and neighbouring properties. In this regard, all stormwater discharge from the site shall meet the requirements of the Protection of Environment Operations Act 1997 and the Department of Environment, Climate Change and Water guidelines. The control devices are to be maintained in a serviceable condition AT ALL TIMES.(Reason: Environmental protection)

22. Suitable Screens

Suitable screens and/or barricades shall be erected during demolition and building work and where required by the Certifying Authority to reduce the emission of noise, dust, water effluent or other matter from the site.(Reason: Maintain amenity to adjoining properties)

23. Demolition Work AS 2601

Demolition works being carried out in accordance with the requirements of AS 2601 "The demolition of structures". (Reason: Safety)

24. Asbestos Sign to be Erected

On sites involving demolition or alterations and additions to building where asbestos cement is being repaired, removed or disposed of a standard commercially manufactured sign not less than 400mm x 300mm containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” is to be erected in a prominent visible position on the site. The sign is to be erected prior to the commencement of works and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility.(Reason: Public Health and safety/Ensure compliance)



25. Neighbour Notification of Asbestos Removal

The applicant/builder is to notify the adjoining residents five working days prior to demolition works involving removal of asbestos. Such notification is to be clearly written, giving the date work will commence, Work Cover NSW phone number 131 050, Councils phone number 9777 1000.

This notification is to be placed in the letterbox of every property (including every residential flat or unit) either side and immediately at the rear of the site.(Reason: Public health)

26. Asbestos Removal

Works involving the removal of asbestos must comply with Councils Policy on handling and disposal of asbestos, and must also comply with the Code of Practice for Safe Removal of Asbestos (National Occupational Health and Safety Commission 2012 (1994).

Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS 2601 – The Demolition of Structures.(Reason: Public health and safety/Ensure compliance)

27. Asbestos Disposal

All asbestos laden waste, including bonded or friable asbestos must be disposed of at a waste disposal site approved by the NSW Department of Environment, Climate Change and Water.

Upon completion of the asbestos removal and disposal the applicant must furnish the Certifying Authority with a copy of all receipts issued by the waste disposal site as evidence of proper disposal.(Reason: Environmental protection/Public health and safety)

28. Road and Footpath

Council's footpath, nature strip or roadway not being damaged and shall be kept clear at all times.(Reason: Maintain public safety)

29. No Storage on Foot/Roadway

Building materials, plant and equipment and builder’s waste, are not to be placed or stored at any time on Council’s footpath, nature strip or roadway adjacent to building sites unless prior written approval has been granted by Council.(Reason: Safety)

30. Skips and Bins

Rubbish skips or bins are not to be placed on Council’s footpath, nature strip or roadway unless prior written approval has been granted by Council.(Reason: Safety)



31. Excavations and Backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely, and must be properly guarded and protected to prevent them from being dangerous to life or property.(Reason: Safety)

32. Excess or Waste Concrete

Excess or waste concrete from mobile concrete agitators or concrete pumping equipment shall not be washed down, spilled or disposed of onto the road reserve, Council's stormwater system, road, pavement, reserves or Council land.(Reason: Environmental protection)

33. Temporary Toilet Facilities

Temporary toilet facilities shall be provided to the satisfaction of the Certifying Authority.

The provision of toilet facilities must be completed before any other work is commenced on site. NOTE: Portable toilet facilities are not permitted to be placed on public areas without prior approval having been obtained from Council.(Reason: Health and amenity)

34. Sweep & Clean Pavement

Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council.(Reason: Legal requirement)

35. Street Signs

The applicant is responsible for the protection of all regulatory / parking / street signs fronting the property. Any damaged or missing street signs as a consequence of the development and associated construction works are to be replaced at full cost to the applicant.(Reason: Protection of public assets)

36. Tree Protection

i) Retain and protect the following trees and vegetation throughout the demolition and construction period: All trees not indicated for removal on Landscape Plan Dwg No. L001 A dated 9.6.15 prepared by Peta Gilliland, unless listed as exempt or noxious in Willoughby LGA

ii) The above trees must be clearly marked and protection devices in place prior to commencement of works to prevent soil compaction and machinery damage.

iii) Tree roots greater than 50mm diameter are not to be removed unless approved by a qualified Arborist on site. All structures are to bridge roots unless directed by a qualified Arborist on site.



iv) Tree protection measures must comply with the AS 4970-2009 Protection of trees on development sites.

(Reason: Tree management)

37. Storage of Materials on Council Land Prohibited

The dumping or storage of building materials, spoil, vegetation, green waste, or any other material in the Council reserve is prohibited.(Reason: Safety, environmental protection)

38. Hazardous Materials – Clearance Certificate

Following completion of the removal of any identified hazardous material associated with demolition works, a clearance certificate shall be issued by an appropriately qualified occupational hygienist and submitted to the Certifying Authority. The clearance certificate shall verify that the site is free from any hazardous materials from the demolished buildings. (Reason: Health and safety)

39. Construction Noise

Construction noise shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline. Noise levels shall not exceed the rated background level by more than 10dB(A) at the most sensitive receiver during the standard construction hours. A noise monitoring plan shall be implemented during construction. Where noise levels may be exceeded appropriate measures to control excessive noise shall be implemented immediately.(Reason: Amenity)

PRIOR TO OCCUPATION OF THE DEVELOPMENT

The following conditions of consent must be complied with prior to the issue of an occupation certificate.

40. Access for the Disabled - Disability Discrimination Act

The building/development must comply with the requirements of the Disability Discrimination Act.

It should be noted that this approval does not guarantee compliance with this Act and the applicant/owner should investigate their liability under this Act.(Reason: Access and egress)

41. Fire Safety Certificate Forwarded to NSW Fire and Rescue

Upon completion of the building work a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Clause 172 of the Environmental Planning and Assessment Regulation 2000 in respect to each essential fire safety measure included in the Schedule attached to the Construction Certificate.(Reason: Safety)



42. Safer by Design

To minimise the opportunity for crime and in accordance with CPTED principles, the development shall incorporate the following:

i. In order to maintain a safe level of visibility for pedestrians within the development, adequate lighting to AS1158 is to be provided to all common areas including the basement car park, common open space and any common stair access to these areas and pedestrian routes, particularly including the waste storage areas.

This lighting shall ensure consistency to avoid contrasts between areas of shadow/illumination and preferably be solar powered and with an automatic/timed switching mechanism, motion sensor or equivalent for energy efficiency. Such lighting shall be installed and directed in such a manner so as to ensure that no nuisance is created for surrounding properties or to drivers on surrounding streets. Car parking lighting system is to be controlled by sensors to save energy during periods of no occupant usage.

ii. The design, installation and maintenance of landscaping (and associated works) within pedestrian routes around the site (and adjacent to mailboxes) shall not impede visibility and clear sight lines along the pedestrian footway from one end to the other.

iii. Walls/screens between balconies shall be designed to avoid foot holes or natural ladders so as to prevent access between balconies/terraces within the development.

iv. Adequate signage within the development to identify facilities, entry/exit points and direct movement within the development.

(Reason: Safety and surveillance, energy efficiency, amenity)

43. Identification of Car Parking Spaces

The nine (9) car parking spaces including one (1) disabled car parking space and one (1) ambulance parking space are to be physically identified on site and maintained free of obstruction. Under no circumstances are these spaces to be used for the storage of goods or waste products.(Reason: Amenity)

44. Painted Finishes in Conservation Area

All painted finishes are to be neutral, recessive colours appropriate to the character of the conservation area.(Reason: Visual amenity)

45. On-site Water Management System

The stormwater runoff from the site shall be collected and disposed of via an approved On-site Detention Tank in accordance with Sydney Water’s requirements, the NSW Code of Practice – Plumbing and Drainage, Council’s DCP and Technical Standards. The construction of the stormwater drainage system of the proposed development shall be generally in accordance with the approved design stormwater management plans and Council’s specification (AUS-SPEC).(Reason: Prevent nuisance flooding)



46. Sign for On-site Detention System

An aluminium plaque measuring no less than 400mm x 200mm is to be permanently attached and displayed within the immediate vicinity of the On-site Detention System.

The wording for the plaque shall state “This is the On-site Detention System required by Willoughby City Council. It is an offence to alter any part of the system without written consent from Council. The registered proprietor shall keep the system in good working order by regular maintenance including removal of debris”.(Reason: Prevent unlawful alteration)

47. Confined Space Sign

Securely install a standard confined space danger sign in a prominent location within the immediate vicinity of access grate of the On-site Detention System.(Reason: Safe access to tank)

48. Certification of OSD

A suitably qualified and experienced civil engineer (generally CP Eng. Qualification) shall certify on Council’s standard certification form that the as-built OSD system is in accordance with the approved plans and complies with Council’s DCP and Technical Standards. Council’s standard certification form is available in the appendix of Council’s Technical Standard No.2.(Reason: Legal requirement)

49. Certification of the Basement Pumpout Drainage System

Upon completion of the pump-out system, the following shall be submitted to the Certifying Authority. A suitably qualified and experienced civil engineer (generally CP Eng.

Qualification) shall certify that the as-built pumpout system complies with Part C5 of Council’s DCP, all relevant codes and standards and the approved stormwater management plans.

Work-as-executed plans based on the approved pump-out system plans from a registered surveyor to verify that the volume of storage and pump capacity are in accordance with design requirements. Any minor changes or variations to the approved plans should be highlighted in red on the approved pump-out system plans.

Certification from a licensed plumber to ensure that the constructed pump-out system complies with the current plumbing requirements of Sydney Water and Committee on Uniformity of Plumbing and Drainage Regulations of NSW.

(Reason: Ensure compliance)



50. Works-As-Executed Plans - OSD

Upon completion of the OSD System, the following shall be submitted to the Certifying Authority:

Work-as-Executed plans based on the approved stormwater management plans from a registered surveyor to verify that the volume of storage, PSD, water and floor levels are constructed in accordance with design requirements. Any minor changes or variations to the approved plans should be highlighted in red on the approved stormwater plans.

Engineer’s certification of the OSD system together with the completed Council’s standard form for On-Site Detention Record of Installation.

(Reason: Record of works)

51. S88B/S88E(3) Instrument

Create Positive Covenant and Restriction on the Use of Land on the Title in favour of Council as the benefiting authority for the as-built On-site Detention System. The standard wording of the terms of the Positive Covenant and Restriction on the Use of Land are available in Council’s Technical Standards.

The above instruments shall be created under Section 88B of the Conveyancing Act 1919 for newly created lots. For an existing lot, the instruments can be created under Section 88E(3) of the Conveyancing Act 1919 using Form 13PC and 13RPA respectively. The relative location of the On-site Detention System, in relation to the building footprint, must be shown on the final plan of subdivision/strata plan or must be shown on the scale sketch, attached as an annexure to the request 13PC and 13RPA forms. The S88B instrument or 13PC/13RPA forms shall be lodged with Council’s Standard S88B/S88E Lodgement Form with all supporting documentations listed in the Form. Council’s Standard Form is available from Council upon requested.

Documentary evidence of registration of these instruments with the Land and Property Information shall be submitted to the Certifying Authority and Council prior to issue of any Occupation Certificate.

(Reason: Maintenance requirement)

52. Documentary Evidence of Positive Covenant, Engineers Certificate

The following documentary evidence of the completed drainage works shall be submitted to Certifying Authority and Council: - Registered Positive Covenant and Restriction on the Use of Land by way of the

Title Deed. Certification from a suitably qualified and experienced civil engineer (generally

CP Eng. Qualification) for the as-built OSD system and/or plumber’s certification of the as-built rainwater reuse system.

Work-as-Executed plans highlighting in red based on the approved stormwater management plans from a registered surveyor for the as-built OSD system and/or rainwater reuse system.

(Reason: Public record)



53. Splay Corner for Fence

In order to ensure adequate sight distances for pedestrians and traffic in the frontage road, the boundary fence shall be designed and constructed by either a 1m x 1m splay on both sides of the driveway exit or 1m offset from the property boundary. Details demonstrating compliance are to be submitted with the construction certificate application. (Reason: Pedestrian safety)

54. Construction of Kerb & Gutter

Construct new kerb and gutter together with any necessary associated pavement restoration in accordance with Council’s specification for the full frontage of the development site with associated pavement restoration for all damages relating to the unauthorised and proposed construction.(Reason: Public amenity)

55. Concrete Footpath

Reconstruct damaged footpath panels for all damages relating to the unauthorised and proposed construction. All works shall be carried out In accordance with Council's standard specifications and drawings.(Reason: Public amenity)

56. Vehicular Crossing

Construct a new vehicular crossing including the replacement of the existing layback and/or gutter and any associated road restoration as directed by Council’s Engineers. All works shall be carried out in accordance with Council’s specification AUS-SPEC C271 and Council’s Standard Drawing SD105 - Council Vehicular Footpath Crossing and Kerb and Gutter details and any approved longitudinal sections. A separate application for the crossing including current fees and charges is to be submitted for approval by Council.

The crossing is to be 5 metres wide with no splays and is to be constructed at right angles to the street kerb in plain concrete. The new crossing shall be located no closer than 1 metre from any power pole and 2 metres from any street tree unless otherwise approved by Council.

For the design levels of the vehicular crossing at the property boundary, the following shall be complied with: The gutter invert shall be raised 80mm above the existing gutter invert At back of layback – 80 mm above and parallel to the new gutter invert. At property boundary – 120mm above and parallel to the new gutter invert.

The footpath which forms part of the proposed crossing shall have a maximum crossfall of 2%. The nature strip, footpath, kerb and gutter are to be adjusted for a minimum distance of 3 metres on both sides of the crossing to suit the new levels.

The road reserve shall be reinstated for a minimum width of 2m for the full length of the new gutter to suit the new levels.



The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

All adjustments to the nature strip, footpath and/or public utilities’ mains and services as a consequence of the development and any associated construction works shall be carried out at the full cost to the Applicant. All driveway grades and transitions must comply with AS/NZS 2890.1.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)

57. Removal of Redundant Crossings

Remove all redundant crossings together with any necessary works and reinstate the footpath, nature strip and kerb and gutter accordingly. Such work shall be carried out in accordance with Council's specification.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)

58. Turfing of Nature Strip

In the event of damages to the grass verge during works, trim the strip of land between the property boundary and the road, spread topsoil on top of the trimmedsurface and lay approved turfing on the prepared surfaces. The turf shall be protected from vehicular traffic and kept watered until established.(Reason: Public amenity)

59. Tree Planting

Trees are to be planted in accordance with the following table:

No. Required

Species Location Min Pot Size

All trees As indicated on Landscape Plan Dwg No.L001 A dated 9.6.15 prepared by Peta Gilliland

As indicated on the Landscape Plan

As indicated on the Landscape Plan

(Reason: Landscape Amenity)

60. Completion of Landscape WorksThe approved landscape works are to be consistent with the approved design, completed to a professional standard, consistent with industry best practice and published standards.(Reason: Landscape amenity)



61. Acoustic Treatment – Certification

Certification shall be provided from a suitably qualified acoustic engineer certifying that the acoustic treatment of the building complies with the recommendations made in the submitted acoustic impact assessment by PKA Consulting report 215 146 R01 v1-1 dated 22 October 2015. This includes:

The elevator shaft roof shall have no gaps or openings between the shaft wall, parapet and the roof panel to ensure noise will not escape.

To ensure vibration is not transmitted to the internal spaces, the installation of the lift shall be in accordance with the manufacturer’s guidelines.

(Reason: Amenity)

62. Noise Emission – Equipment

Certification shall be provided from a suitably qualified acoustic engineer certifying that the noise from all sound producing plant, equipment, machinery and/or mechanical ventilation system complies with the relevant noise criteria.(Reason: Amenity)

ADDITIONAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation.

63. Erection Wholly within the Boundaries

All works (with the exception of any works approved under S138 of the Roads Act 1993) including footings, shall be erected wholly within the boundaries of the property.(Reason: Ensure compliance)

64. Annual Fire Safety Statement

Attention is directed to Clause 177 of the Environmental Planning and Assessment Regulation 2000 regarding the submission of an Annual Fire Safety Statement in relation to each essential fire safety measure implemented in the building or on the land on which the building is situated.(Reason: Safety)

65. Fire Safety Measures

The existing fire safety measures are to be retained and maintained within the tenancies/tenancy during and after demolition.(Reason: Fire safety)

66. Maximum Capacity of Residential Aged Care Facility

The maximum number of beds is limited to fifty-eight (58). (Reason: Ensue compliance)



67. Stormwater Kerb Outlet

New stormwater connection outlets at street kerb shall be made using 125x75x4 galvanised Rectangular Hollow Section (RHS). Where there are multiple outlets required, a minimum distance of 100mm shall separate these outlets. A grated drainage pit (min. 600mm x 600mm) shall be provided within and adjacent to the property boundary prior to discharging to the Council’s drainage system.(Reason: Protection of public asset)

68. Vehicular Access and Garaging

Driveways and vehicular access ramps shall be designed to provide adequate ground clearance to the underside of B85 vehicles. In all respects, the proposed vehicle access and/or parking spaces shall be designed and constructed to comply with the minimum requirements of AS/NZS 2890.1 and Council’s standard specification.(Reason: Vehicular access)

69. Underground Utility Services

Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works.

All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant.(Reason: Protection of utilities)

70. Public Infrastructure Restoration

Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to , delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council.(Reason: Protection of public assets)

71. Trees on Adjoining Properties

No approval is given for the removal or pruning of trees on the nature strip, adjoining reserves, or neighbouring private land.(Reason: Environmental protection)

72. Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997.(Reason: Amenity)



73. Removal of Trade Waste

The building/business owner must ensure that there is a contract either with Council or a licensed contractor for the removal of trade waste. No garbage shall be placed on the public footpaths, roadways, plazas, reserves at any time.(Reason: Health and amenity)

PRESCRIBED CONDITIONS

The following conditions are prescribed by S80A of the Environmental Planning & Assessment Act for developments involving building work.

74. Compliance with National Construction Code

All building works must be carried out in accordance with the performance requirements of the National Construction Code.(Reason: Compliance)

75. Support for Neighbouring Buildings

(1) If development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on an adjoining property, the person having the benefit of the development consent must, at the person’s own expense:a) protect and support the building, structure or work from possible

damage from the excavation, andb) if necessary, underpin and support the building, structure or work to

prevent any such damage, andc) must, at least 7 days before excavating below the level of the base of

the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

(2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

(3) In this clause, “allotment of land” includes a public road and any other public place.

(Reason: Safety)

STATUTORY REQUIREMENTS

The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants

76. Construction Certificate Required

This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED.



Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000.(Reason: Ensure compliance and statutory requirement)

77. Notify Council of Intention to Commence Works

In accordance with the provisions of Clause 81A(2) of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Certifying Authority and give at least 2 days’ notice to Council, in writing, of the persons intention to commence the erection of the building.(Reason: Information and ensure compliance)

78. Occupation Certificate

The building/structure or part thereof shall not be occupied or used until an interim occupation / final occupation certificate has been issued in respect of the building or part.(Reason: Safety)

Documents

2 Tessa Street, CHATSWOOD NSW 2067