Agenda of Independent Hearing and Assessment … Meetings/ non-compliances are discussed in further detail in the body of this report. Despite these non-compliances, the proposal is

BUSINESS PAPER

Meeting of

INDEPENDENT HEARING AND ASSESSMENT PANEL

2 MAY 2016 ________________________

Canterbury City – a great place to live and work

IHAP Chairperson and Panel Members Notice is hereby given that a meeting of the Independent Hearing and Assessment Panel will be held in the Function Room, 137 Beamish Street, Campsie on Monday 2 May 2016 at 6.00 p.m. Disclosure of Interest: Section 451 of the Local Government Act 1993 requires a panel member who has a pecuniary interest in any matter with which the Council is concerned and who is present at the meeting at which the matter is being considered must disclose the interest, and the nature of that interest, to the meeting as soon as practicable. The panel member is required to leave the room while the matter is being discussed and not return until it has been voted on. Jim Montague PSM GENERAL MANAGER 22 April 2016

INDEPENDENT HEARING AND ASSESSMENT PANEL 2 MAY 2016

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 75-83 SECOND AVENUE, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A PART THREE/PART FOUR STOREY RESIDENTIAL FLAT BUILDING COMPRISING RESIDENTIAL UNITS WITH BASEMENT PARKING .................................................................... 4

WEST WARD

2 135-141 PENSHURST ROAD, NARWEE: DEMOLITION AND CONSTRUCTION OF SHOPTOP HOUSING DEVELOPMENT CONTAINING BASEMENT PARKING, COMMERCIAL TENANCIES AND RESIDENTIAL ACCOMMODATION ......................................................... 49


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REPORT SUMMARIES

1 75-83 SECOND AVENUE, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A PART THREE/PART FOUR STOREY RESIDENTIAL FLAT BUILDING COMPRISING RESIDENTIAL UNITS WITH BASEMENT PARKING

• The applicant is seeking approval to demolish existing dwellings and structures, consolidation of five lots into one and the construction of a residential flat building, comprising two blocks, Building A (four storeys) and Building B (three storeys) with a total of 38 units and a basement level below consisting of 56 parking spaces.

• The original proposal was for a three storey residential flat building generally consisting of a ‘U’ shaped layout and a total of 45 units with basement parking for 60 vehicles. Following Council’s request to retain two established trees in the southeast (rear) corner of the site, amended plans were received on 19 February 2016 with an alternative layout with two separate buildings extending along the length of the site. The total number of units has been reduced to 38.

• The application has been referred to IHAP and ultimately to the City Development Committee for consideration and determination because the application is for the construction of a four storey Residential Flat Building.

• The site is zoned R4 High Density Residential under Canterbury Local Environmental Plan 2012. The proposed development, defined as a Residential Flat Building, is permissible in the subject zone.

• The development application has been assessed against the provisions contained in the relevant environmental planning instruments and development control plan. The proposal is found to generally be in compliance with the requirements of these policies, with the exception of building height (minor protrusions), FSR (14% variation), setbacks, open space and building depth. These non-compliances are discussed in further detail in the body of this report. Despite these non-compliances, the proposal is considered to satisfy the objectives of the zone and do not present any unreasonable adverse impacts on surrounding development.

• The development application was publicly exhibited and adjoining land owners notified in accordance with Part 7 of Canterbury Development Control Plan 2012. Two submissions were received.

• The Director City Planning has recommended the application be approved subject to conditions.

2 135-141 PENSHURST ROAD, NARWEE: DEMOLITION AND CONSTRUCTION OF SHOPTOP HOUSING DEVELOPMENT CONTAINING BASEMENT PARKING, COMMERCIAL TENANCIES AND RESIDENTIAL ACCOMMODATION

• The applicant is seeking approval to demolish the existing structures and construct a nine storey shoptop housing development including ground floor


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commercial, 44 residential apartments and three levels of basement car parking.

• The application has been referred to IHAP and ultimately to the City Development Committee for consideration and determination because the application is for a shoptop housing development involving more than 20 residential units and falls outside the delegated powers of Council officers.

• The site is zoned B2 Local Centre under Canterbury Local Environmental Plan 2012 (CLEP 2012). The proposed development, defined as a shop top housing development, is permissible in the subject zone.

• The development application has been assessed against the provisions contained in the relevant environmental planning instruments and development control plan. The proposal is found to generally be in compliance with the requirements of these policies, with the exception of the building height, setbacks, building separation, deep soil and carparking requirements. These non-compliances are discussed in further detail in the body of this report.

• The development application was publicly exhibited and adjoining land owners notified in accordance with Part 7 of Canterbury Development Control Plan 2012. No submissions were received during this period.



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CENTRAL WARD

1 75-83 SECOND AVENUE, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A PART THREE/PART FOUR STOREY RESIDENTIAL FLAT BUILDING COMPRISING RESIDENTIAL UNITS WITH BASEMENT PARKING

FILE NO: 794/75D PT1 & PT2

REPORT BY: DIRECTOR CITY PLANNING

WARD: CENTRAL

D/A No: DA-239/2015

Applicant: Owner:

J & I Construction SCG Second Avenue Pty Ltd

Zoning: R4 High Density Residential under Canterbury Local Environmental Plan 2012

Application Date: 4 June 2015, amended plans received on 19 February 2016 and 12 April 2016

Summary:

• The applicant is seeking approval to demolish existing dwellings and structures, consolidation of five lots into one and the construction of a residential flat building, comprising two blocks, Building A (four storeys) and Building B (three storeys) with a total of 38 units and a basement level below consisting of 56 parking spaces.

• The original proposal was for a three storey residential flat building generally consisting of a ‘U’ shaped layout and a total of 45 units with basement parking for 60 vehicles. Following Council’s request to retain two established trees in the southeast (rear) corner of the site, amended plans were received on 19 February 2016 with an alternative layout with two separate buildings extending along the length of the site. The total number of units has been reduced to 38.

• The application has been referred to IHAP and ultimately to the City Development Committee for consideration and determination because the application is for the construction of a four storey Residential Flat Building.

• The site is zoned R4 High Density Residential under Canterbury Local Environmental Plan 2012. The proposed development, defined as a Residential Flat Building, is permissible in the subject zone.

• The development application has been assessed against the provisions contained in the relevant environmental planning instruments and development control plan. The proposal is found to generally be in compliance with the requirements of these policies, with the exception of building height (minor protrusions), FSR (14% variation), setbacks, open space and building depth. These non-compliances are discussed in further detail in the body of this report. Despite these non-compliances,


75-83 SECOND AVENUE, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A PART THREE/PART FOUR STOREY RESIDENTIAL FLAT BUILDING COMPRISING RESIDENTIAL UNITS WITH BASEMENT PARKING (CONT.)

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the proposal is considered to satisfy the objectives of the zone and do not present any unreasonable adverse impacts on surrounding development.

• The development application was publicly exhibited and adjoining land owners notified in accordance with Part 7 of Canterbury Development Control Plan 2012. Two submissions were received.


Council Delivery Program and Budget Implications: This report has no implications for the Budget. The assessment of the application supports our Community Strategic Plan long term goal of Balanced Development. Site Details The subject site consists of Lots A, B, C, D and E in DP 962671, and is known as 75-83 Second Avenue, Campsie. The site is located on the eastern side of Second Avenue, and has an area of 2,934m² with a frontage of 60.984m to Second Avenue. The site depth is 57.3m to the north and 45.72m to the south. The site is irregular in shape with a very minor fall from front to rear. The site is currently used for residential purposes, with each lot containing a single storey residential dwelling house with pitched tiled roofs and vehicular driveways. Vegetation on the site consists of turf grasses, ground covers, shrubs and mature trees with both exotic species and indigenous species from the Cooks River Clay Plain Scrub Forest and Turpentine Ironbark Forest communities.

Aerial view of site

The surrounding locality is residential in character with the Cooks River and associated river bank and public open space to the immediate east of the site.



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The property adjoining the site to the immediate north at 85 Second Avenue, Campsie contains two-storey townhouses. The property to the immediate the south of the site at 69-73 Second Avenue, Campsie consists of a three storey residential flat building with basement parking. The properties on the opposite (western) side of Second Avenue consist predominantly of single and double storey dwelling houses.

Subject site at 75 & 77 Second Avenue with residential flat building to the right

(south) at 69-73 Second Avenue

Subject site at 81 & 83 Second Avenue with townhouses to the left (north)

at 85 Second Avenue

Proposal The proposal is for the demolition of the existing residential dwellings and construction of an RFB comprising of two blocks (Buildings A and B) with a total of 38 units and a basement level consisting of 56 parking spaces. Details of the proposal are shown in the table below.



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Level Proposal Number of units Basement Car parking for 56 vehicles including eight

visitor parking spaces and five accessible parking spaces, lift, stairs, plant and service rooms.

Nil

Ground Eleven units (Building A has six x two bedroom units; Building B has one x one bedroom unit; three x two bedroom units; and one x three bedroom unit), pedestrian and vehicular access, bin storage area , lift core and stairwell.

One x one bedroom Nine x two bedroom One x three bedroom Total – eleven units

First Floor (Level 1) Eleven units (Building A has six x two bedroom units; Building B has one x one bedroom unit; three x two bedroom units; and one x three bedroom unit), lift core and stairwell.


Second Floor (Level 2) Eleven units (Building A has six x two bedroom units); (Building B has one x one bedroom unit; three x two bedroom units; and one x three bedroom unit), lift core and stairwell.


Third Floor (Level 3) Five units in Building A only, with one x one bedroom unit and four x two bedroom units), lift core and stairwell.

One x one bedroom Four x two bedroom Total – five units

TOTAL 38 units with four x one bedroom, 31 x two bedroom, and three x three bedroom units

Statutory Considerations • State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) • State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) • State Environmental Planning Policy 19 – Bushland in Urban Areas (SEPP 19) • Canterbury Local Environmental Plan 2012 (CLEP 2012) • Canterbury Development Control Plan 2012 (CDCP 2012) • Canterbury Development Contributions Plan 2013 Assessment • State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) This policy aims to improve the design quality of residential flat buildings. The proposed development falls within the definition of a residential flat building under this SEPP as it involves the construction of a four storey building containing more than four residential units. The SEPP requires that registered architects carry out the design of residential flat buildings. A registered architect has designed the proposal. The SEPP requires consideration of the following matters prior to determining the application:



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Design Quality Principles The applicant has addressed these principles as follows: Context The surrounding area is characterised by a mix of building forms and styles including, residential flat buildings of varying ages and densities and single dwellings. The zoning and relevant built form controls allow for the style of building proposed in reference to our DCP. It is likely that the area will experience a transition in densities such as that proposed in this application. Within this context the proposal will sit well and contribute in a positive manner to the quality and identity of the precinct. The proposed building responds to the desired future character as articulated by the DCP provisions. Scale The proposed floor space ratio (FSR) and height are non-compliant with the development standards. The variation in height is only for a roof feature and it does not add to the bulk and scale of the building. The development bulk and scale of the proposed building will be in character with the surrounding area, including the main front façade to Second Avenue. The proposed development will be in sympathy with its immediate context and responds adequately to the built and natural environment.

Built Form The built form of the proposed development is appropriate for this site, the units are arranged to maximise the solar access and provide good natural ventilation. The proposal defines and activates the public domain by creating common open spaces courtyards for the residents on the ground floor. The proposed built form for the development consists of two separate blocks of apartment buildings, with a three and four storey building component respectively, with basement car parking for 56 vehicles. The building massing and façades are articulated to break down the scale and create a building identity, while maintaining the surrounding amenity. The building is designed to minimise any impact of over shadowing. The built form and articulation reduces any perception of impact on surrounding properties. The separation proposed between habitable spaces and adjoining properties allows for their future redevelopment without compromising privacy and amenity. Density The density of the proposed development is considered to be satisfactory and a reasonable response to the desired future character of the site and the precinct. The proposal draws upon the provisions of our LEP and DCP for permissibility and planning controls in relation to density and design requirements. The variation from the FSR standard has been justified and consideration has been given to the character of the area. The proposal demonstrates good urban design through a well-articulated façade that also retains significant vegetation on the site.



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Resource, Energy and Water Efficiency Beyond the requirements of the BASIX commitments which have been addressed through the development application, the Residential Flat Design Code (RFDC) requires specific additional energy efficiency measures relating to cross ventilation and solar access. (Note - The application was lodged prior to the adoption of the Apartment Design Guide, and this SEPP is considered in conjunction with the Residential Flat Design Code). The Residential Flat Design Code requires that 60% of the apartments be cross ventilated. 73% of apartments are achieving natural cross-flow ventilation, exceeding the minimum requirement of 60%. A minimum of 71% of the apartments in the development are achieving the minimum of three hours solar access required to the main living area. Landscape All of the proposed units have access to outdoor balconies and/or terraces, some with various aspects. Substantial communal open space areas are also incorporated into the development, providing a range of recreational opportunities for future residents. In general, generous landscaped communal and private open spaces are provided. These areas are architecturally designed to create visual interests and form a relationship with surrounding lots. Amenity The proposed units will have considerable internal amenity and achieve the minimum sizes contained within the Residential Flat Design Code. They are of sufficient size and appropriate room dimensions to meet the needs of future occupants. Storage is provided within all units and with some additional space within the basements. The outdoor areas (communal and private) are of sufficient size to meet the recreational needs of future occupants. The building has been designed to satisfy the provisions of SEPP 65 and the RFDC to achieve high levels of internal and external amenity such as solar access (70%) and cross ventilation (60%). The proposed building has been provided with generous setbacks to limit overshadowing, maximise solar access and minimise privacy and overlooking impacts. Safety and Security The principles of Crime Prevention through Environmental Design include the consideration of natural surveillance, natural access control and natural territorial reinforcement as demonstrated below: − Surveillance

The development embodies good levels of casual surveillance from within the building and from the street. The proposed building and landscaping design do not create any concealment areas.

− Access

- The main ground level entry will be secured and fitted with an intercom for visitors.

- The entry to the building lobby is accessed from the street frontages of the property maximising the potential for casual surveillance.



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- Access to the basement is by a secured roller door, which again will be fitted with an intercom entry system for visitors.

- Site will be secured by fencing and secured gates. - There will be natural light into lift lobbies. - Adequate lighting to be provided for the lobby, car parks and communal

open spaces, details will be submitted with the Construction Certificate documents.

The proposed development has been designed in accordance with the objectives and better design practice of the Crime Prevention through Environmental Design (CPTED). Social Dimensions The proposed design incorporates various dwelling sizes and shapes, with units capable of adaption, thereby promoting diversity, affordability and access to housing choice. Aesthetics The proposal incorporates a variety of materials, including rendered and painted finishes for the façade walls, a combination of solid balustrades as well as glazed balustrade treatments, and special cladding for partial walls. Balcony balustrades are of various types and serve differing purposes: painted and rendered solid walls work as compositional devices to divide façades, whilst the safety tinted glass plate balustrades allow for maximum views. Glazing will be fixed to powder-coated aluminium frames. The overall external colour scheme helps to give the proposal a sharp, modern look whilst not overpowering its surroundings. The hard surfaced landscaped areas of the site will contain a variety of materials and finishes, including stencil finished concrete, various pavement patterns and colours.

The articulation and the use of different material to the façade complements the proposed development is considered to be satisfactory and a reasonable response to the desired future character of the site and the precinct in terms of the aesthetics, scale and bulk.

Residential Flat Design Code (RFDC) Further to the design quality principles discussed above, the proposal has been considered against the various provisions of the Residential Flat Design Code in accordance with SEPP 65. The proposed development is generally considered satisfactory in regard to the following ‘Rules of Thumb’ controls:

Development Guideline

Required Proposed Building Compliance

Apartment Building Depth

Max 10m – 18m Max 16.5m, excluding balcony Yes



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Building Separation

1-4 storey 12m (6 to side boundary)

6.0m to side boundary Yes 12m separation between Building A and Building B to side boundaries for first four storeys

Yes

5-6 storey 18m (9 to side boundary)

N/A N/A

Street Setbacks On merit 6m front setback provided and in sympathy with adjoining developments

Yes

Side and Rear Setbacks

Consistent with desired streetscape pattern as well as the requirements of CDCP 2012

6.0m side setbacks provided along both north and south side boundaries. Generally 6m rear setback increasing to 15m at some points due to irregular rear boundary alignment. Rear of site adjoins Cook River reserve and there is adequate separation.

Yes

Deep Soil Zones Min 25% of open space 28% (830m²) of open space area provided by setbacks will be landscaped with provision for deep soil planting

Yes

Landscape Design Improve amenity, streetscape and energy efficiency

Design excellence achieved in the landscape design for the site

Yes

Open Space Between 20-30% of site area 34% (1019m²) of site area. Yes Building Entry Provide physical and visual

connection between building and street

Highly visible building entry from Second Avenue

Yes

Provide safe entrance. Provide equitable entrance.

Entry will be safe and equitable

Yes

Pedestrian Access Barrier free access to at least 20% of dwellings

Barrier free access provided to 100% of dwellings

Yes

Vehicle Access Max width of driveway is 6m 5.5m driveway from Second Avenue

Yes

Located vehicle entry away from pedestrian entry

Separate pedestrian entry also from Second Avenue

Yes

Apartment Layout Single aspect apartments should be limited in depth to 8.0m from window

All single aspects are limited in depth to 8.0m from window

Yes

The back of kitchen should be no more than 8.0m from a window

The back of kitchen are no more than 8.0m from a window

Yes

Max depth of cross through is 15m or more than 4m in width.

Maximum depth of cross through is 15m or more than 4m in width

Yes



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Min apartment size: One bed – 50m2 Two bed – 70m2 Three bed – 95m2

Min sizes: One bed – 50m² Two bed – 70m² Three bed – 95m²

Yes

Apartment Mix Provide an apartment mix Acceptable apartment mix as follows: Four x one bedroom units 31 x two bedroom units Three x three bedroom units

Yes

Building Configuration

Balconies have a minimum depth of 2m

Minimum 2m Yes

Ceiling Heights 2.7m habitable 2.4 non habitable

2.79m habitable 2.4 non habitable

Yes Yes

Storage One bed – 6m3 Two bed – 8m3 Three + bed – 10m3

Storage areas incorporated in basement carpark, but not clearly allocated. A condition of consent will apply that adequate storage be provided.

Yes

Acoustic Privacy Like rooms together Like rooms are placed together to ensure acoustic privacy is achieved

Yes

Daylight Access 70% of units to receive three hours between 9am-3pm

71% (27 units) units achieve a minimum of three hours at the winter solstice

Yes

Single aspect units with southerly aspect limited to 10% of total

7.8% (3) single aspect units Yes

Natural Ventilation

60% of units to be naturally cross ventilated

73% (28) of units achieve natural cross ventilation

Yes

As demonstrated in the table above, the proposed development is compliant with the requirements of the Residential Flat Design Code. It is considered that the proposed development is of a reasonable scale, provides adequate visual and acoustic privacy, ensures that adjoining properties receive adequate solar access, provides adequate open space and deep soil and ultimately satisfies all of the objectives of the Residential Flat Design Code.

• State Environmental Planning Policy 2004 – (Building Sustainability Index: BASIX) BASIX Certificate No. 620913M_02 accompanies this application. The Certificate makes a number of energy and resource commitments in regard to landscaping, provision of a central hot water heating system, natural lighting and thermal comfort. These commitments have been shown on the DA plans and satisfy the requirements of the SEPP.



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• State Environmental Planning Policy 19 – Bushland in Urban Areas (SEPP 19)

The rear of the subject site adjoins land zoned for public open space. Therefore, Clause 9 of SEPP 19 applies. Before granting a development consent, Council is required to take into account the need to retain any bushland on the land, the effect of the proposed development on bushland zoned or reserved for public open space purposes and, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland, and any other matters that are relevant to the protection and preservation of bushland zoned or reserved for public open space purposes. The proposed development will not result in any major adverse impacts on the adjoining land. Appropriate sediment and erosion control measures will be installed on the site prior to the commencement of works and maintained in a suitable condition during the works. The development layout has been primarily driven by the trees which Council requires to be retained, located at the south east rear corner of the site.

• Canterbury Local Environmental Plan 2012 (CLEP 2012)

This site is zoned R4 High Density Residential under CLEP 2012. The controls applicable to this application are: Standard Requirement Proposal Complies Zoning R4 High Density Residential Flat Building

permissible with consent Yes

Building Height

11.5m Building A - 12.15m No – See Comment [1] Building B - 9.8m Yes

FSR 0.9:1 (2640.5m2) 1.03:1 (3013m2) No – See Comment [2] [1] Building Height In accordance with the Clause 4.6 of the CLEP 2012, the applicant has requested an exception to Clause 4.3 Height of Building development standard in our LEP, as follows: (1) The objectives of Clause 4.6 are addressed as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Comment Pursuant to Clause 4.3 of the CLEP 2012, the Building Height standard for the site is 11.5m. Building A seeks consent for a four storey building that is 11.5 metres to the top of the roof. A departure of approximately 650mm is proposed in the centre of the building as a result of the lift overrun and does not include any habitable floor area. It is considered that an appropriate degree of flexibility in applying the Building Height standard is warranted in this instance as the proposed development is part three and part four storeys, which is consistent with the desired outcome for the site and will



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provide a building that exhibits good articulation and will improve the streetscape presentation and building form for the location. The original proposal was for a three storey building with a total of 45 units with basement parking for 60 vehicles. Following our request to retain two established trees in the southeast (rear) corner of the site, the plans were amended with a reduction in unit numbers but with Building A being increased to four levels to accommodate the volume lost by the reduction in the building coverage to enable the retention of the trees. Further, the proposal results in the delivery of 38 new dwellings within the Campsie locality. This outcome promotes compliance with the aims of the CLEP 2012 and achieves the objectives of the Canterbury Residential Development Strategy. The resulting mass and density of the development is considered consistent with the desired future character of the area and the design of the mixed use development is considered to be a superior outcome for the site that will provide visual interest to the site and complement future adjoining development. This Clause 4.6 exception establishes that while the proposal departs from the numerical development standard, the proposal is considered to be compliant with the non-numerical objectives of the standard and therefore establishes that there is planning merit in permitting the numerical departure. Furthermore, there are no discernible impacts attributed to the additional height. Accordingly, it is submitted that there is merit in applying a degree of flexibility to the Building Height standard to the subject proposal, given it will achieve a better outcome for the site. (2) Development consent may, subject to this clause, be granted for development

even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

Comment The proposal seeks consent for a maximum height of 12.15 metres measured to the top of the lift overrun structure. On this basis the proposed departure equates to 650mm, however the departure is solely attributed to the lift overrun structure. This clause allows Council to grant consent to such a numerical departure. (3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify

contravening the development standard.



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Comment Compliance with the Building Height development standard is unreasonable and unnecessary in the circumstances of this case as compliance with the standard would not necessarily result in a better planning outcome and the proposed departure does not result in any discernible impacts to the site, streetscape or adjoining properties. In accordance with the CLEP 2012, the maximum Building Height standard is 11.5m. The proposal results in a minor penetration of the 11.5m height control, resulting in the highest point being 12.15m. This is a 6% departure from the standard. The objectives under the CLEP 2012 for the Height of Building standard are as follows: a) to establish and maintain the desirable attributes and character of an area, b) to minimise overshadowing and ensure there is a desired level of solar access

and public open space, c) to support building design that contributes positively to the streetscape and

visual amenity of an area, d) to reinforce important road frontages in specific localities. An assessment against the objectives of this standard is provided below: Objection (a) refers to the desirable attributes and character of the area. The attributes and character are established by the land use zone, FSR, height and any other statutory or strategic policy that indicates the type of built form that is envisaged for the site. The proposal is consistent with the 'R4 High Density Residential' zone. The proposal is generally compliant with the height, with the exception of the lift overrun, which results in a penetration of the height. Notwithstanding this, it is considered that the proposal is of a built form that is reflective of the desirable attributes and character of the area. The proposed height and bulk of the proposal is considered to be consistent with the desired future character of the area, which is that of a medium density residential area as reflected through the planning controls. Accordingly, the proposal satisfies objective (a). Objective (b) refers to the need to mitigate overshadowing and provide a desired level of solar access. Although the proposal does cast some overshadowing of the southern dwelling, the proposal retains a minimum of three hours of solar access to the private open space areas, and therefore the level of shadowing is considered acceptable. In this regard, the proposal satisfies objective (b). In relation to objective (c), the proposal will deliver a medium development option for the site that is consistent with the zone provisions and will provide a built form that contributes positively to the streetscape and visual amenity of the locality. The development is of a built form that would be reasonably contemplated for the site and the height departure does not generate an adverse impact on the streetscape or visual amenity of the area.



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In relation to objective (d), the site is in a residential area and there is no active street frontage required. Accordingly, the proposal is not in conflict with objective (d). It is considered that the proposal delivers a good planning outcome and on the basis of justification in this section, it is considered that strict compliance with the height of building standards is unreasonable and unnecessary in this instance. Accordingly, there are sufficient environmental planning grounds to justify a contravening the Building Height development standard. (4) Development consent must not be granted for development that contravenes a

development standard unless: (a) the consent authority is satisfied that:

(i) the applicant's written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained. Comment The proposed development is in the public interest as it results in a development that is consistent with the objectives of the Building Height development standard. This is discussed in detail above. The development is of a height that is compatible with the future appearance of the area or better described as the desired future appearance of the area, which is that of a medium density residential area. This Clause 4.6 exception has established that the proposal retains compliance with the objectives of the Building Height standard and compliance with the numerical standard is considered unnecessary in the circumstances of the case. This Clause 4.6 exception has considered relevant Planning Principles of the Land and Environment Court in adequately addressing the matters required under sub-clause (3) and has adequately addressed the requirements of sub-clause (3). Concurrence from the Director-General is assumed having regard to previous advice. The subject clause 4.6 variation is considered to be well founded. (5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the

Director-General before granting concurrence.



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Comment The proposed variation to the development standards does not raise any matters of significance for state or regional planning. There is no public benefit of maintaining the development standard in this instance as the site represents an opportunity to provide an accentuated building form that addresses the orientation of the site and improves the streetscape whilst delivering additional housing opportunities for the locality. The design exhibits a high quality design response which is a public benefit and provides high levels of residential amenity for the occupants and maintaining residential amenity to the adjoining dwellings. It is therefore considered acceptable that an exemption to the maximum Building Height development standard is granted in this instance for the following reasons: − The purpose of the standard is being achieved and the development complies

with the non-numerical objectives of Height of Building controls under the CLEP 2012.

− The underlying objective and purpose of the standards would be thwarted if compliance was required.

− The development maintains compliance with the objectives of the R4 High Density Residential zone.

− The non-compliance enables compliance with the objects and purpose of the Environmental Planning & Assessment Act 1979.

− The non-compliance is not contrary to any matter of state or regional planning significance.

− The aims of the LEP are to establish controls that encourage good quality urban design, high residential amenity and environmental sustainability. The subject application represents a high quality orderly and economic use and development of the site, achieving an appropriate building form consistent with the changing nature of the precinct.

− The variation to the development standard is in the public interest as it responds to the site constraints, provides an exceptional design response and maintains a high level of residential amenity for the occupants and adjoining properties.

The proposed variation to the Building Height development standard is considered to have sufficient planning merit and justification. The component of additional height is attributed to the lift overrun and does not result in any adverse impacts. On this basis, it is considered appropriate and acceptable to vary the numerical Building Height standard.

Relevant Planning Law It is also considered relevant to assess this Clause 4.6 variation against the recent case of Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009. In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 the Court held that the proposed development in that case (which sought a variation to the maximum



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height standard in the B4 Zone) was consistent with the zone objectives and also in the public interest because it was consistent with the objectives of the standard. However, the Court held that consideration also needs to be given to whether there are sufficient environmental planning grounds to justify contravening the development standard. In this appeal, the Applicant’s written clause 4.6 submission put forward the proposition that the environmental planning grounds justifying contravening the standard were the benefits arising from the additional housing and the employment opportunities that would be delivered by the development having regard to its close proximity to railways, schools, the town centre, etc. The Court accepted that the proposed development would provide those public benefits but noted that any development for a shop top housing in the B4 zoned land would provide those same benefits. The Court therefore held in this respect: − That the grounds advanced by the applicant in its clause 4.6 submission are not

particular only to the proposed development site and; Comment The proposal seeks consent for a maximum height of 12.15 metres measured to the top of the lift overrun structure. On this basis the proposed departure equates to 650mm, however the departure is solely attributed to the lift overrun structure. The primary reason for the variation is a reduction in the coverage of the new building as a result of the reduced building platform resulting from the retention of the trees. As discussed earlier within this report, the additional height will not result in significant adverse impacts on the amenity of surrounding development in terms of privacy and solar access. The additional height will result in a better environmental outcome for future residents of the site, without significantly impacting on the amenity of adjoining properties, There are sufficient environmental planning grounds to justify contravening the development standard and the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. The applicant’s Clause 4.6 submissions have addressed the issues raised in the recent Four2Five v Ashfield Council matters. Having regard to the above commentary, it is appropriate in this instance to support the submission under Clause 4.6 of CLEP 2012 and vary the building height standard to permit the proposed development.

[2] Floor Space Ratio In accordance with the Clause 4.6 of the Canterbury LEP 2012, the applicant has requested an exception to Clause 4.4 (Floor Space Ratio) development standard in our LEP, as follows:



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(1) The objectives of Clause 4.6 are addressed as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Comment In accordance with Clause 4.4 of the CLEP 2012, the FSR standard for the site is 0.9:1(2640.5m2). The proposal seeks consent for FSR of 1.03:1 (3013m2). This is a 14% departure from the FSR standard It is considered that an appropriate degree of flexibility in applying the FSR standard is warranted in this instance as the proposed development is part three and part four storeys, which is consistent with the desired outcome for the site and will provide a building that exhibits good articulation and will improve the streetscape presentation and building form for the location. The proposal results in the delivery of 38 new dwellings within the Campsie locality. This outcome promotes compliance with the aims of the CLEP 2012 and achieves the objectives of the Canterbury Residential Development Strategy. The resulting mass and density of the development is considered consistent with the desired future character of the area and the design of the mixed use development is considered to be a superior outcome for the site that will provide visual interest to the site and complement future adjoining development. This Clause 4.6 exception establishes that while the proposal departs from the numerical development standard, the proposal is considered to be compliant with the non-numerical objectives of the standard and therefore establishes that there is planning merit in permitting the numerical departure. Furthermore, there are no discernible impacts attributed to the additional FSR. Accordingly, it is submitted that there is merit in applying a degree of flexibility to the FSR standard to the subject proposal, given it will achieve a better outcome for the site. (2) Development consent may, subject to this clause, be granted for development

even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

Comment The proposal seeks consent for a maximum FSR of 1.03:1, which represents a 14% departure from the FSR standard. The proposed departure equates to an excess of 372m2 of gross floor area. Council is able to vary a development standard pursuant to this clause.



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(3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify

contravening the development standard. Comment Compliance with the FSR development standard is unreasonable and unnecessary in the circumstances of this case as compliance with the standard would not necessarily result in a better planning outcome and the proposed departure does not result in any discernible impacts to the site, streetscape or adjoining properties.

The objectives under the CLEP 2012 for the FSR standard are as follows: a) to provide effective control over the bulk of future development, b) to protect the environmental amenity and desired future character of an area, c) to minimise adverse environmental impacts on adjoining properties and the

public domain, d) to optimise development density within easy walk of the railway stations and

commercial centres. An assessment against the objectives of this standard is provided below: Objective (a) refers to the provision of effective control over the bulk of future development. The building design will incorporate effective modulation and variation to reduce the appearance of scale and mass, provide interest, and reflect a pleasant form. The upper level of Building A has been designed to be setback from the both the street and from the northern side boundary to reduce its apparent bulk and maintain the transitional scale along the streetscape. The additional level of Building A and stepping down to the lower height of Building B will reflect the fall of the street to the south. Accordingly, the proposal satisfies objective (a). Objective (b) refers to the need to protect the environmental amenity and desired future character of an area. As already addressed in the consideration of the variation from the building height standard, the development proposal is consistent with the desired future character, particularly that dictated by our Residential Development Strategy. In this regard, the proposal satisfies objective (b). In relation to objective (c), the massing approach aims minimise overshadowing to the existing neighbouring property to the south. The height of Building B, being closest to the existing neighbouring property will be below the maximum 11.5m requirement. The additional height of Building A will not result in any adverse overshadowing impacts. This building will only impact the neighbouring property in the afternoon by



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an additional minimal area, i.e. an additional area that does not overlap with the shadows of Building B. There is no evident detrimental impact on any significant views. Privacy between buildings will not be a significant result of the additional floor area. The non-compliance will not adversely impact on the public open spaces particularly by way of reduced solar access, as demonstrated in the submitted shadow diagrams. In relation to objective (d), the additional floor area will optimise the on-site density and use nearby community facilities and services. Accordingly, the proposal satisfies objective (d). It is considered that the proposal delivers a good planning outcome and on the basis of justification in this section, it is considered that strict compliance with the FSR standards is unreasonable and unnecessary in this instance. Accordingly, there are sufficient environmental planning grounds to justify a contravening the FSR development standard. (4) Development consent must not be granted for development that contravenes a

development standard unless: (a) the consent authority is satisfied that:

(i) the applicant's written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained. Comment The proposed development is in the public interest as it results in a development that is consistent with the objectives of the FSR development standard. This is discussed in detail above. The development scale that is compatible with the future appearance of the area or better described as the desired future appearance of the area, which is that of a medium density residential area. This Clause 4.6 exception has established that the proposal retains compliance with the objectives of the FSR standard and compliance with the numerical standard is considered unnecessary in the circumstances. This Clause 4.6 exception has considered relevant Planning Principles of the Land and Environment Court in adequately addressing the matters required under sub-clause (3) and has adequately addressed the requirements of sub-clause (3). Concurrence from



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the Director-General is assumed having regard to the previous advice. The subject clause 4.6 variation is considered to be well founded. (5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the

Director-General before granting concurrence. Comment The proposed variation to the development standards does not raise any matters of significance for state or regional planning. There is no public benefit of maintaining the development standard in this instance as the site represents an opportunity to provide an accentuated building form that addresses the orientation of the site and improves the streetscape whilst delivering additional housing opportunities for the locality. It is therefore considered acceptable that an exception to the maximum FSR development standard is granted in this instance for the reasons already outlined in the assessment of the variation from the height standard. The proposed variation to the FSR development standard is considered to have sufficient planning merit and justification. On this basis, it is considered appropriate and acceptable to vary the numerical Height of Building standard.

Relevant Planning Law Again, it is relevant to assess this Clause 4.6 variation against the recent case of Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009. The proposal seeks consent for a variation from the maximum FSR standard. Part of the reason for this variation is related to the design of the building having regard to the retention of the trees. The building design will incorporate effective modulation and variation to reduce the appearance of scale and mass, provide interest, and reflect a pleasant form. The upper level of Building A has been designed to be setback from the both the street and from the northern side boundary to reduce its apparent bulk and maintain the transitional scale along the streetscape. The additional level of Building A and stepping down to the lower height of Building B will reflect the fall of the street to the south. This Clause 4.6 exception establishes that while the proposal departs from the numerical development standard, the proposal is considered to be compliant with the non-numerical objectives of the standard and therefore establishes that there is planning merit in permitting the numerical departure. Furthermore, there are no discernible impacts attributed to the additional FSR. The additional FSR will result in a better environmental outcome by providing suitable accommodation in the Campsie precinct without significantly impacting on the amenity of adjoining properties. There are sufficient environmental planning grounds to justify contravening the development



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standard and the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. The applicant’s Clause 4.6 submissions have addressed the issues raised in the recent Four2Five v Ashfield Council matters. Having regard to the above commentary, it is appropriate in this instance to support the submission under Clause 4.6 of CLEP 2012 and vary the FSR standard to permit the proposed development.

• Canterbury Development Control Plan 2012 (CDCP 2012)

The proposed development has been compared to the requirements of CDCP 2012 as follows: Part 2 - Residential Neighbourhoods

Standard Requirement Proposal Complies Isolation of Sites

No isolation of neighbouring properties so that it is incapable of being reasonably developed

No isolation of neighbouring properties. Adjoining properties have been developed as townhouses and residential flat building.

Yes

Minimum Frontage

30m (for four or more stories) 60.984m Yes

Height Basement projection – 1m maximum (otherwise included as storey).

Basement <1m Yes

Basement permissible for single dwellings in all zones, multiple unit and residential flat building in R4 zone only.

Basement proposed – permitted for RFB in R4 zone.

Yes

Three storeys max where maximum height limit is 11.5m

Part three and part four storeys No − See Comment [1]

Depth/ Footprint

25m maximum. Can be increased to 35m if deep soil planting is incorporated as per clause 2.1.5(v).

18.0m to 35m No − See Comment [2]

Setbacks Front: 6m 5m to wall No − See Comment [3]

Rear: 6m Rear: 6m to 15m at some points due to irregular rear boundary alignment

Yes

Side: 4m min 6.0m Yes Deep soil: minimum 2m wide along the side boundaries, and minimum 5m along front and rear boundaries.

North Side: 1m South Side: 4.16m Front: 3m Rear: 4m

Yes to all except north side − See Comment [4]



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Standard Requirement Proposal Complies Building separation

Min 6m between buildings on one lot 12m Yes Less than five storeys – at least 12m between windows and/or balconies as per clause 2.1.9.

12m Yes

Setback unscreened windows facing side or rear boundaries, at least half of the separation distance that is specified above.

Side setbacks is 6.0m Yes

Provide deep soil or private open space in the separation area, as well as communal open space on multi dwelling and residential flat building sites.

Communal open space provided in the separation area

Yes

Car Parking Residential Flat Building

Residential car parking • One bedroom/studio @ 1 parking

space/unit = 4 spaces • Two bedroom @1.2 parking

spaces/unit = 37.2 • Three bedroom @ 2 spaces/unit =

6 spaces Total Residents = 47 spaces Car wash bay Ten+ units = one car wash bay One required Visitor parking One space per five units 7.6 spaces required

Forty eight resident spaces provided. One car wash bay to be provided in visitor space. This to be conditioned accordingly. Eight visitor parking spaces provided.

Yes Yes Yes

Bicycle Parking Residents: Minimum one space per five units – eight required Visitors: Minimum one space per ten units – four required Total required: Twelve spaces

Twelve bicycle parking spaces provided

Yes

Design Controls Street Address

Clearly identifiable entries Clear entries Yes Provide main common entry and separate private ground floor apartment entries where appropriate

Main common and alternate entries to ground floor units along Second Avenue frontage, where appropriate

Yes

At least one habitable room window to face street

Living room windows and balconies facing street

Yes

At least one habitable room window to face internal communal areas

Windows and balconies facing common areas

Yes

No obstruction to views from street to development and vice versa

No obstruction to views to the street

Yes



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Standard Requirement Proposal Complies Façade Design and Articulation

Avoid long flat walls No long flat walls Yes Step of at least 1m for RFBs Steps of at least 1m on units

fronting Second Avenue Yes

Use non reflective materials, treat publicly accessible areas with anti-graffiti coating

Schedule of finishes provides non-reflective materials

Yes

Layer and step façades in order to avoid building forms that are bland, bulky or over-scaled by: - Complying with base and upper

element setback controls; - Incorporating balconies, staggered

alignments for exterior walls, and by contrasting design elements.

The current proposal complies with base and upper element setback controls. The current proposal incorporates balconies, staggered alignments for exterior walls, and by contrasting design elements.

Yes Yes

Roof Design No steep pitched roofs – use 10% pitch or less. Emphasise building articulation with shape and alignment of roof.

Flat roof proposed Yes

Relate roof design to building and respond to orientation of site

Roof design relates to building and site orientation

Yes

Fences Provide boundary definition by construction of an open fence or hedge to the street boundary

Front boundary fence provided Yes

Fences within the front boundaries or around courtyards are no higher than 1.2m

Front fence 1.2m high Yes

Service and Utility Areas

Integrated into the design of development and are not visually obtrusive. Unscreened appliances not to be visible from the street, communal area or driveway on the site (air con. units behind balustrades, screened recesses for water heaters, meters in service cabinets).

Service and utility areas integrated into the design of the development (i.e. air con, hot water units adequately screened), garbage bins screened.

Yes

Screen clothes drying areas from public view, storage space screened and integrated into design.

Storage facilities screened and integrated into design

Yes

Discretely located mailbox in front of property

Mailboxes discretely located at the front of the property

Yes

Performance Controls Visual Privacy

Locate and orientate new developments to maximise visual privacy between buildings – if preferred orientations are not achievable use high sill windows or <600mm wide

Separation distance appropriate Yes

Open Space One bedroom = 9sqm Two bedroom = 12sqm Three+ bedroom = 16sqm

All but three units comply. Units 301, 302 and 303 fall short by 2m2.

No − See Comment [5]



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Standard Requirement Proposal Complies Locate the principal open space adjacent to the main living areas, such as living room, dining room or kitchen, to extend the living space of the dwelling, and provide: - Direct access from a living room,

dining room or a family room. Indoor areas must not be elevated more than 300mm above the principal open space;

- One area at least 2.5m by 2.5m that is suitable for outdoor dining and can accommodate a dining table and two to four chairs;

- One additional area suitable for clothes drying, concealed by shutters, screens, fences or tall opaque balustrades.

The current proposal provides principal open space adjacent to the main living areas and provides: - Direct access from a living

room, dining room or a family room. Indoor areas must not be elevated more than 300mm above the principal open space;

- One area at least 2.5m by 2.5m that is suitable for outdoor dining and can accommodate a dining table and two to four chairs;

- One additional area suitable for clothes drying, concealed by shutters, screens, fences or tall opaque balustrades.

Yes Yes N/A as each unit will be equipped with separate washer/ dryer facilities

Communal Area = Minimum 15% of the open space created by setbacks and building separations

1000m2 (34%) of communal open space provided

Yes

Open Space Design

Private open space, communal open space, garden courtyard or terrace, and balconies to be designed as per Clause 2.3.3.

Private open space areas have been designed to address objectives 01, 02 and 03 of Clause 2.3.3.

Yes

Internal Dwelling Space and Design

Dimensions and design of interiors to accommodate furniture typical for purpose of room

Typical furniture layout on plans demonstrates compliance by way of minimal use of furniture

Yes

Living room and main bedroom minimum 3.5m dimension. Secondary bedrooms to have minimum 3m width.

All units comply with this requirement

Yes

Storage: Minimum 6m³ /one bedroom, 8m³ /two bedroom, 10m³/three+ bedroom dwelling.

Storage areas provided in basement carpark, but not clearly allocated to the one, two and three bedroom units. A condition can be included in any consent to ensure store rooms are individually allocated as per the requirement.

Yes –subject to condition

Communal stairwells to receive natural daylight and ventilation

Natural day light available Yes



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Standard Requirement Proposal Complies Housing Choice

10% of dwellings to be provided as accessible or adaptable units to suit residents with special needs

Four units to be provided as accessible. The subject DA is accompanied by an access report which states that the development complied with the relevant provisions of the BCA, AS 1428.1, AS 4299, Disability (Access to Premises Buildings) Standard (2010) and the DCP.

Yes

As demonstrated in the table above, the proposal complies with the requirements of CDCP 2012 with the following exceptions that are discussed below. [1] Number of Storeys Due to the reduced coverage permitted as a result of the change in the design to retain the trees, Building A has been increased to be a four storey building. The resultant height is satisfactory as it achieves our objective of creating a transitional scale along Second Avenue. The transfer of bulk from Building B to Building A is designed to not only retain significant trees on the site but also to minimise impacts that Building B would ordinarily have onto the neighbouring property to the south and provide good access to light.

[2] Depth/Footprint The depth exceeds the maximum of 25m listed under Section 2.1.5 of CDCP 2012. The proposal will have a maximum building depth of approximately 35.7m along the longest axis for Building A and 35.2m along the longest axis for Building B. Despite this, the proposal is satisfactory given: − The proposed design will enable the retention of the important established trees

on the site. The adopted design has been arrived at to allow for the retention of a large established tree on the property (tree 15, as annotated on the submitted arborist report) and another tree just outside the site boundary (tree 18, as annotated on the submitted arborist report).

− The buildings will be well articulated/recessed along their length. − Separating courtyards will be located to either side of the buildings. A large

central courtyard has been incorporated in the middle of the site and separates the two buildings. It will provide for communal open space and landscaping.

− Privacy of the adjoining properties will be maintained with a landscaped setback and a 6m separation.

− The proposed building design will be compatible with the R4 high density residential character and the surrounding development.

[3] Front Setback The front boundary setback is proposed to be a minimum 4.5m to front balconies and 5m to the front wall. This represents a variance of 1.5m and 1m respectively. The front setback is appropriate in this case for the reasons listed below. − The front building line setback will be consistent with that of neighbouring

properties.



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− Façades will not result in an imposing visual impact. The variance will be minimal and the façades will be provided with articulation as a result.

− The front setback will represent a balanced approach with respect to providing a consistent street alignment and adequately sized units and retention of the established trees numbered 15 and 18 on the submitted arborist report.

− The development will be compatible with the streetscape character.

[4] Deep Soil The basement was configured to ensure enough clearances are provided from the trees that need to be protected. Requiring a further setback from the front boundary would also impact on the internal parking layout and compliance with AS 2890.1. The proposed variation of 2m along the front boundary is also important to providing the required storage units within the basement. The level above the basement is setback further. Existing tree planting along the site frontage will add to the landscape setting. A total of 28% of deep soil area is proposed which complies with the requirements of the RFDC. A greater setback is proposed to the southern side to ensure an appropriate separation to minimise impacts to the neighbouring property to the south.

[5] Open Space All but three units comply with the balcony size. The two bedroom units (Units 301, 302 and 303) on the top floor of Building A fall short of the 12m2 by 2m2. This shortfall is primarily a result of the building area on this upper level being reduced by the greater setback along the northern side boundary to provide some articulation in the design of the building. The width/depth still satisfies the required 2.5m x 2.5m. It is considered that the size of these balconies is reasonable and satisfactory in the circumstances of the case. Part 6.1 – Access and Mobility The application was assessed against part 6.1 of our DCP and found to be satisfactory. Relevant conditions will be attached to any consent issued. Part 6.2 – Climate, and Energy and Resource Efficiency

Standard Requirement Proposal Complies Site layout and building orientation

Design and orientate the building to maximise solar access and natural lighting, without unduly increasing the building’s heat load.

Building designed and orientated to maximise solar access and natural lighting

Yes

Where the shape of a lot permits face the long side of the building to the north to allow winter sun in, and then block it out during summer with shading devices and landscaping.

Site configuration lends itself to face the long side of the building to the north

Yes

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land (see solar access below).

Building has been designed to minimise shadow impact on adjoining properties

Yes



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Standard Requirement Proposal Complies Coordinate design for natural ventilation with passive solar design techniques

Design allows for natural ventilation and incorporates passive solar design techniques

Yes

Provide adequate external clothes drying areas for all residents in the building

Each unit will be equipped with separate washer/dryer facilities

Yes

Internal layout Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to maximise solar access

Yes

Windows and glazing

Place more windows on the northern side than on other sides of the building, so that there are more windows gaining heat than there are losing heat in winter months, and sun penetration is reduced in summer.

Placement of windows on the northern side has been incorporated into the design

Yes

Insulation and thermal mass

Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: • Roof: minimum 2.0 R-value • Wall: minimum 1.0 R-value • Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate

Yes

Daylight and sun access

At least two hours sunlight between 9.00am and 3.00pm on 21 June should be received daily: • to indoor living areas and principal

areas of private open space for at least 75% of the proposed dwellings.

More than 75% of units achieve a minimum of three hours at the winter solstice.

Yes

At least two hours sunlight between 9.00am and 3.00pm on 21 June should be received daily: • to existing indoor living areas and

at least 50% of principal areas of existing private open space for of the adjoining dwellings.

Achieved Yes

Ventilation Incorporate features to facilitate natural ventilation and convective currents – such as opening windows, high vents and grills, high level ventilation (ridge and roof vents) in conjunction with low-level air intake (windows or vents).

Satisfactory design features have been included to facilitate natural ventilation

Yes



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Standard Requirement Proposal Complies The rules of thumb as contained in the Residential Flat Design Code require that 60% of units achieve natural cross ventilation

28 (73%) units achieve natural ventilation

Yes

As demonstrated in the table above, the proposal complies with the requirements of Part 6.2 of DCP 2012. Part 6.3 – Crime Prevention The application was assessed against Part 6.3 of our DCP and found to be satisfactory. Relevant conditions will be attached to any consent issued. Part 6.4 – Development Engineering Flood and Stormwater The stormwater plan submitted with the application has been assessed by our Development Engineer and no objection was raised subject to conditions being attached to any consent granted. Part 6.6 – Landscaping The application has been amended to retain significant trees and has been reviewed by our Landscape Architect and was found to satisfy the requirements of Part 6.6 of the CDCP 2012. Conditions relating to landscaping have been recommended. Part 6.8 – Vehicle Access and Parking The quantum of parking on site has been addressed in the Residential Neighbourhoods section of this report and is deemed to be satisfactory. Part 6.9 – Waste Management The application has been reviewed by our Waste Services Coordinator and was found to satisfy the requirements of Part 6.9 of the CDCP 2012.

• Canterbury Development Contributions Plan 2013

The provisions of our Section 94 Contribution plan apply to the proposed development in that it will provide residential dwellings on the subject site. Based on the provision of four x one bedroom, 31 x two bedroom, and three x three bedroom units, the proposed development attracts a contribution of $437,654.73.

Other Considerations

• Suitability of Site for the Development The site is located within a high density residential zone. The proposed development is permissible in the subject site’s current zoning. The proposal has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and, as demonstrated throughout this report, the proposal is generally compliant with the provisions of all relevant development control plans, codes and policies. The application has been assessed by relevant Council officers, with any issues raised being resolved through additional information or conditions recommended for



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inclusion in any consent issued. On this basis it is considered that the site is suitable for the proposed development.

• Likely impacts on the Environment The proposal is representative of the type of development that is envisioned, by both our LEP and our DCP, in this area. The site accommodates some significant trees which we seek to retain but in order to achieve the orderly and economic use of the land, some consideration to vary our controls must be given. The relocation of bulk, initially proposed at the rear of the site, to the front is considered reasonable and is designed to retain existing trees on the site. The redesigned building, now being considered by the Committee, is considered to be a better environmental response to the design originally proposed. The proposal does not represent any significant or adverse impacts on adjoining properties.

• The Public Interest

The public interest was taken into consideration whilst assessing this development application. It is considered that the current proposal will not have a negative impact on the residential amenity of the neighbourhood and is therefore considered to be acceptable.

Notification The development application was advertised and notified to all adjoining land owners and occupiers in accordance with Part 7 of the Canterbury Development Control Plan 2012. During the notification period, two submissions were received. The issues arising from the notification period have been addressed below: • Non-compliance with FSR and Height

Concerns have been raised in relation to the variation from the maximum FSR and height standards. Comment The variation from the FSR and height standards of the LEP has been adequately addressed in the consideration of the Clause 4.6 Variation above. This Clause 4.6 exception establishes that while the proposal departs from the numerical development standards, the proposal is considered to be compliant with the non-numerical objectives of the standards and therefore establishes that there is planning merit in permitting the numerical departure. Furthermore, there are no discernible impacts attributed to the additional height and FSR. There is no public benefit of maintaining the development standards in this instance as the site represents an opportunity to provide an accentuated building form that addresses the orientation of the site and improves the streetscape whilst delivering additional housing opportunities for the locality. It is therefore considered acceptable that an exception to the maximum FSR and height development standards be granted in this instance for the reasons already outlined in the assessment of the variation from the height and FSR standards.



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• Streetscape Concerns have been raised in relation to the proposed external finishes. The objector states that most of the houses in adjoining properties are of brick construction and the proposed plasterboard construction will detract from the streetscape. Comment Whilst a high percentage of the buildings in the immediate locality are of brick construction, there is a scattering of timber houses and buildings with rendered and painted walls. The proposed external finishes are considered to be satisfactory and will not be out of character with the built and natural environment.

• Acoustic Privacy and Deep Soil Planting

Concerns have been raised in relation to the impact on the acoustic privacy and deep soil planting on the northern side of the proposed building. Comment Due to the redesign of the basement carpark as a result of retaining the significant tree on the site, the deep soil area along the northern side of the site has been reduced. However the whole building on the northern side is set back at least 6.0m from the northern boundary and there is significant planting along the northern boundary. The proposed development achieves the separation distances required by State Environmental Planning Policy 65 (SEPP 65). This policy aims to improve the design quality of residential flat buildings. The proposal has also been considered against the various provisions of the Residential Flat Design Code in accordance with SEPP 65. One of the objectives of the building separation requirements in SEPP 65 is to provide visual and acoustic privacy for existing and new residents. The proposed development achieves the separation distances required by SEPP 65 and the Residential Flat Design Code for the most part. It is considered that where adequate separation is provided, screening is not required. This is considered acceptable and in accordance with the requirements of both SEPP 65, the Residential Flat Design Code and our DCP and will ensure that the privacy of property in the vicinity is safeguarded.

• Trees too Close to Property

Concern has been raised in relation to trees proposed to be planted along the northern boundary of the subject site. Comment The planting is on the northern side boundary of the site will not result in any additional overshadowing over the neighbouring property. The planting will also provide some additional screening between properties. However, in order to address the concerns, it is considered that the three Angophora bakeri trees that can grow up to a height of 5m-10m proposed along the northern boundary should be deleted. This will be conditioned accordingly.



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• Dilapidation Report

Due to the proximity of the proposed basement carpark along the northern side boundary, the owners to the north have requested a dilapidation report should this application be approved. Comment There is a row of town houses to the north of the subject site. A condition of consent is recommended to provide a dilapidation report on the dwellings adjacent to the northern boundary of the subject site.

• Removal of Trees Concerns have been raised in relation the proposed removal of significant trees on the site. Comment The trees to be removed are in the middle of the site and they are to be removed to accommodate the proposed development. Our Landscape Architect has requested the retention of the most significant tree on the southeastern corner of the site and the applicant has amended plans to ensure the retention of the tree. There will be a condition of consent to require replacement trees on the site.

• Inadequate Parking Concerns have been raised in relation to the number of carparking spaces proposed for the number of proposed units. The objector said that there were 55 spaces for 45 units. Comment There are 56 parking spaces proposed for 38 units, not 45 units. The number of on-site parking satisfies our DCP controls and is considered to be satisfactory.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development is permissible in the zone subject to consent under the provisions of Canterbury Local Environmental Plan 2012. The proposed development departs from the height and FSR standards in the LEP but has justified the departures via a Clause 4.6 variation. As demonstrated, the proposed development is generally consistent with the provisions of our DCP. As outlined throughout this report, the site is capable of accommodating the proposed residential development and is not expected to have any detrimental impacts on the amenity of the locality. In this regard the proposal is considered to be a suitable development for the site. It is recommended that the development application be approved, subject to conditions.



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RECOMMENDATION: THAT Development Application DA-239/2015 be APPROVED subject to the following: PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior to

the issuing of a Construction Certificate: 1.1. Details of:

• Structural Engineering Plan including method of shoring during excavation

• Building Specifications • Fire Safety schedule • Landscape Plan • Hydraulic Plan • Firewall separation • Soil and Waste Management Plan • BASIX Certification • Ventilation of basement in accordance with AS 1668.2

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.

1.3. Payment to Council of: Kerb and Gutter Damage Deposit $16,640.00 Section 94 Contributions $437,654.73 Certificate Registration Fee $36.00 Long Service Levy $35,695.10

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $31,760.00 Inspection Fee $6,780.00 Occupation Certificate Fee $2,346.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986). Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT 2. Before the erection of any building in accordance with this Development Consent;

2.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and

2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment



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(see Attachment – Notice of Commencement copy), and 2.3. you must give the Council at least 2 days notice of your intention to commence

erection of the building (see Attachment – Notice of Commencement copy). 2.4. In the case of work which includes residential development, you must inform

us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who has

contracted to do or intends to do the work; or 2.4.2. The name and permit number of the owner-builder who intends to do

the work. INSURANCE 3. If it is intended to engage a builder or licensed contractor to do the work where it is

valued over $20,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency) on 1800 802 055.

SITE SIGNAGE 4. A sign shall be erected at all times on your building site in a prominent position stating

the following: 4.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 4.2. The name of the person in charge of the work site and a telephone number at

which that person may be contacted during and outside working hours, and 4.3. That unauthorised entry to the work site is prohibited.

DEMOLITION 5. Demolition must be carried out in accordance with the following:

(a) Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

(c) Demolition being carried out in accordance with the requirements of the Work Health and Safety Regulation 2011.

(d) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(e) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(f) Burning of demolished building materials is prohibited. (g) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties.



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(h) Soil and water management facilities must be installed and maintained during demolition in accordance with Council's Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council's street gutter or road you may receive a $1500 on-the-spot fine.

(i) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(j) The capacity and effectiveness of soil and water management devices must be maintained at all times.

(k) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.

(l) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au.

(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.

(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

GENERAL 6. The development being carried out in accordance with the plans, specifications and

details in the table below, except where amended by the conditions specified in this Notice.

Plan Number Author Date DA000 Cover Sheet Design Cubicle Undated, received by

Council on 12 April 2016 DA200 Site Plan (Issue B) Design Cubicle 07/04/16, received by

Council on 12 April 2016 DA201 Basement Plan (Issue B) Design Cubicle 07/04/16, received by

Council on 12 April 2016 DA202 Ground Floor Plan (Issue B) Design Cubicle 07/04/16, received by

Council on 12 April 2016



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DA203 First Floor Plan (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA204 Second Floor Plan (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA205 Third Floor Plan (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA205 Roof Plan (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA301 Elevation 1/2 (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA302 Elevation 2/2 (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

DA303 Sections/Fence Details (Issue B) Design Cubicle 07/04/16, received by Council on 12 April 2016

SA-LP02 Existing Tree Plan Bio Design 16/02/16 , received by Council on 19/02/ 2016

SA-LP02 Landscape Plan Bio Design 16/02/16 , received by Council on 19/02/ 2016

SA-LP02 Landscape Planting Plan Bio Design 16/02/16 , received by Council on 19/02/ 2016

6.1. Storage area of at least 6m3 per one bedroom dwelling, 8m3 per two bedroom dwelling and 10m3 per three or more bedroom dwellings must be provided in the development.

6.2. The provision of one car wash bay in one of the visitor car spaces. 6.3. The three Angophora bakeri trees proposed along the northern boundary be

deleted. 7. This condition has been levied on the development in accordance with Section 94 of

the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury Development Contributions Plan 2013, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The monetary contribution of $437,654.73 shall be paid to Canterbury City Council before a Construction Certificate can be issued in relation to the development, the subject of this Consent Notice. The amount payable is based on the following components: Contribution Element Contribution • Community Facilities $39,586.93 • Open Space and Recreation $386,924.87 • Plan Administration $11,142.93

The rates applying to each contribution element are subject to quarterly indexing using the Consumer Price Index. If the contribution is not paid within the current quarterly period that the Consent Notice is issued, the contribution will be reviewed at the time of payment in accordance with the adopted Section 94 Plan. Canterbury Development Contributions Plan 2013 may be inspected at Council’s Administration Centre, 137 Beamish Street, Campsie or from Council’s website www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s Administration Centre, 137 Beamish Street, Campsie during office hours.

8. All materials must be stored wholly within the property boundaries and must not be



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placed on the footway or roadway. 9. All building operations for the erection or alteration of new buildings must be

restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

10. All building construction work must comply with the National Construction Code. 11. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls

being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

12. Provide a Surveyor’s Certificate to the Principal Certifying Authority at all floor levels and roof indicating the finished level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

13. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

14. BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000.

15. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

16. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

17. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

18. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

19. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

20. A single entry/exit point must be provided to the site which will be constructed of a minimum of 40mm aggregate of blue metal or recycled concrete. The depth of the entry/exit point must be 150mm. The length will be no less than 15m and the width no less than 3m. Water from the area above the entry/exit point shall be diverted to an approved sediment filter or trap by a bund or drain located above.



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DILAPIDATION AND EXCAVATION 21. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights must be observed at all times. Where damage occurs to adjoining property, all necessary repair or suitable agreement for such repairs are to be undertaken by the applicant in consultation with, and with the consent of, the affected property owner prior to the issue of an Occupation Certificate.

22. The applicant shall prepare a Dilapidation Report/photographic survey prepared by an appropriately qualified consultant for the units adjacent to the northern property of the subject site at No. 85 Second Avenue, Campsie, detailing the physical condition of the property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to the issue of an Occupation Certificate, a certificate from an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining properties is to be submitted to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as practical and prior to occupation of the development. All costs associated in achieving compliance with this condition shall be borne by the person entitled to act on this consent.

23. Any new information which comes to light during 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

SYDNEY WATER REQUIREMENTS 24. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Co-ordinator. For help either visit Sydney Water’s web site at www.sydneywater.com.au/SW/plumbing-building-developing , Water Servicing Coordinators, or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.

LANDSCAPING 25. The existing property and street trees are to be treated as follows (the tree numbers

relate to the numbering used to identify each tree in both the Arborist Report and the Tree Management and Landscape plan submitted to council 19th February 2016): Tree No.

Botanical Name

Common Name

Action Instructions

E01 Lophostemon confertus

Brush Box Retain and Protect

Tree protection as per recommendations









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E04 Callistemon citrinus

Lemon-scented Bottlebrush

Retain and Protect



Brush Box Remove and replace

Replace with Lophostemon confertus, 75 litre pot size

E06 Callistemon citrinus

Lemon-scented Bottlebrush

Retain and Protect






Brush Box Remove and replace

Replace with Lophostemon confertus, 75 litre pot size

E09 Grevillea robusta

Silky Oak Remove for construction

E10 Populus deltoides

Eastern Cottonwood

Remove for construction

E11 Pittosporum undulatum

Sweet Pittosporum



Eastern Cottonwood


E13 Cedrus atlantica

Atlas Cedar Remove for construction

E14 Banksia integrifolia

Coastal Banksia


E15 Eucalyptus crebra

Narrow leaved Ironbark

Retain and Protect





E17 Eucalyptus dalrympleana

Mountain White Gum


E18 Corymbia citriodora

Lemon-scented Gum

Retain and Protect


E19 Jacaranda mimosifolia

Jacaranda Remove for construction




Lemon-scented Gum


E22 Elaeocarpus reticulatus

Blueberry Ash Retain and Protect


E23 Elaeocarpus reticulatus

Blueberry Ash Retain and Protect


E24 Acer davidii Maple Remove for construction


Lemon-scented Gum



Eastern Cottonwood




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E27 Koelreuteria paniculata

Golden Rain Tree



Eastern Cottonwood


E29 Waterhousea floribunda

Weeping Lilly Pilly



Eastern Cottonwood




E33 Acer rubrumi Red Maple Remove for construction



E35 Liquidamber styraciflua

American Sweetgum


E36 Grevillea robusta

Silky Oak Remove for construction




Eastern Cottonwood


26. All street and property trees to be retained, E01-04, E06-E07, E15-E16, E18 and E22-23 as listed above, are to be retained and protected in accordance with Australian Standard 4970 -2009 – Protection of trees on development sites and all tree protection recommendations provided in Part 6 of the Arborist’s Report, the Arborist’s Statement and the Tree Management Plan prepared by Susan Hobley of BioDesign and submitted to council 19th February 2016.

27. An AQF Level 5 Registered Project Arborist is to be engaged as a project arborist to carry out all aspects of the tree protection for this development. Contact details of this project arborist are to be forwarded to council and the consenting authority prior to the issue of Construction Certificate.

28. A Tree Protection Schedule for the retention and protection of all trees to be retained as listed above is to be prepared in accordance with all the tree protection conditions by the engaged Project Arborist and submitted to Council or the certifier prior to the issue of the Construction Certificate. Site visits at minimum are to include: • Establishment of the tree protection zone and erection of fencing and signage as

per the above mentioned requirements; • Carrying out of any pruning works; • Attendance on site regularly in accordance with section 5.4.1 of AS 4970 -2009.

Particularly, during any excavation or works within the Tree Protection Zones; • Any roots greater than 25mm in diameter that is exposed within 1m of the TPZ

must be cleanly cut and kept moist; • Any remedial works that might be required for the trees, should these conditions



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and the tree management plan have not be complied with; • Provide a final assessment of the tree condition, details of any works conducted

to the tree and provision of certification that the tree protection works have been carried out in accordance with the requirements listed above at minimum as set out in Section 5.5.2 of AS 4970-2009. This certification is to be provided to the principle certifying authority and Council at practical completion.

29. The removal of the existing property trees, E09-E14, E17, E19-E21 and E24-E38 as listed above, is conditional on their replacement with 34 (minimum) trees as per the Landscape Plan. Tree removal work shall be carried out by an experienced tree surgeon in accordance with the NSW WorkCover Code of Practice for the Amenity Tree Industry (1998). Care shall be taken to cause no damage to other trees during the felling operation.

30. The removal of the existing street trees, E05 and E08 Lophostemon confertus (common name Brushbox), growing on the nature strip in front of the development property is conditional on their replacement with 2 x 75ltr (container size) Lophostemon confertus (common name Brushbox)) to be provided on the nature strip adjoining the property. The planting of these trees are to be carried out upon the completion of construction by contractors in accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees. This document is available for purchase from Council.

31. The proposed planting to all podium levels shall comply with the following as required in the CDCP 2012 Part 6.6: Landscape:

Raised planters: • Use masonry or concrete construction; • Provide drainage for each planter box, and coordinate drainage details with

hydraulics plan; and • Provide waterproofing to each planter box. Minimum soil depth: • 100-300mm for turf; • 300-450mm for groundcovers; • 500-600mm for small shrubs; • 600-750mm for medium shrubs; • 750-900mm for small trees with approximate soil area of 3.5m x 3.5m; • 1000mm for medium trees with approximate soil area of 6m x 6m; and • 1300mm depth for large trees with approximate soil area of 10m x 10m.

32. The landscaping must be completed according to the submitted landscape plan (drawn by BioDesign, drawing no. SA-LP02 revision A sheets 1-3, submitted to Council on 19th February 2016) except where amended by the conditions of consent.

33. All the tree supply stocks shall comply with the guidance given in the publication Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 2003).

34. All scheduled plant stock shall be pre-ordered, prior to issue of Construction Certificate or 3 months prior to the commence of landscape construction works, whichever occurs sooner, for the supply to the site on time for installation. Written confirmation of the order shall be provided to Council’s Landscape Architect (Contact no: 9789 9438), prior to issue of any Construction Certificate. The order confirmation shall include name, address and contact details of supplier; and expected supply date.



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35. An automatic watering system is to be installed in common areas at the applicant’s cost. Details including backflow prevention device, location of irrigation lines and sprinklers, and control details are to be communicated to Council or certifier prior to the issue of the Construction Certificate. The system is to be installed in accordance with the manufacturer’s specification and current Sydney Water guidelines.

36. An amended landscape plan to address the issues outlined below is to be submitted to Council or certifier prior to the issue of the Construction Certificate. The Construction Certificate should have details of: • Standard constructions and details drawings (eg. Sections through mass

planting beds, tree planting and mulching details, planting on podium, planter boxes, paths, steps and retaining walls)

• Detailing and location of edge treatments (e.g. Concrete, brick, timber) ENGINEERING 37. A stormwater drainage design prepared by a qualified practicing Civil Engineer must

be provided prior to the issue of a Construction Certificate. The submitted design must be amended to make provision for the following:

38. The design must be generally in accordance with the plans, specifications and details received by Council on 19th February 2016; drawing number 20140352 SW01 D, SW02 D, SW03 D, SW04 C, SW05 D, SW06 D and SW07 D, prepared by S & G Consultants Pty Ltd.

39. Stormwater runoff from all roof and paved areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together with overflow pipelines from any rainwater tank(s) to the kerb and gutter of Second Avenue.

40. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt arrestor pit is to be sized in accordance with Canterbury Councils DCP 2012. Sump depth is to be a minimum of 300mm deep.

41. The rising main from the basement pump out tank must discharge to the OSD. 42. All redundant pipelines within footpath area must be removed and footpath/kerb

reinstated. 43. New pipelines within the footpath area that are to discharge to the kerb and gutter

must be hot dipped galvanised steel hollow section with a minimum wall thickness of 4.0mm and a section height of 100mm. The design must be prepared by a qualified Civil Engineer and be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

44. On Site Detention is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s DCP 2012, Part 6.4.

45. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Part 6.4 of Canterbury Council’s DCP 2012.

46. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system



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upstream of the silt arrestor pit and in accordance with Canterbury Councils DCP 2012.

47. Prior to and during construction, the applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

48. If groundwater is encountered prior to and during construction, it must not be captured by the drainage system of the basement. In this regard the basement must be tanked to at least 1000 mm above measured groundwater levels.

49. Prior to the issue of an Occupation Certificate, the stormwater system be constructed in general, in accordance with the plans, specifications and details submitted with the Construction Certificate.

50. Prior to the issue of an Occupation Certificate, certification from an accredited engineer must be provided to certify that all works has been carried out in accordance with the approved plan(s), relevant codes and standards.

51. Prior to the issue of an Occupation Certificate, a Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in Councils DCP 2012, Part 6.4.

52. Prior to the issue of an Occupation Certificate, the Principle Certifying Authority must ensure that Operation and Management Plans has been prepared and implemented for the OSD and basement pump out facilities. The Plan must set out the following at a minimum: a) The proposed maintenance regime, specifying that the system is to be regularly

inspected and checked by qualified practitioners. b) The proposed method of management of the facility, including procedures,

safety protection systems, emergency response plan in the event of mechanical failure, etc.

The Plan must be prepared by a suitably qualified professional and provided to the Principle Certifying Authority prior to the issue of an Occupation Certificate.

53. The Operation and Management Plan for the OSD and basement pump out facilities, approved with the Occupation Certificate, must be implemented and kept in a suitable location on site at all times.

54. Retaining walls greater than 1000 mm high or retaining more than 600 mm of cut or fill proposed to be located within one metre of a boundary are to be designed by a Structural Engineer and must have subsoil drainage connected to the site stormwater system. Design plans prepared by an appropriately qualified and practising structural engineer must be provided prior to the issue of a Construction Certificate to the satisfaction of the Principal Certifying Authority. All components of any retaining walls, including subsoil drainage, must be located



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entirely within the property boundary. The subsoil drainage lines of the retaining walls must be shown on the stormwater drainage concept plan.

55. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure retaining walls have been constructed in accordance with the design plans. If the retaining walls do not require structural design certification may be provided by the builder. If the retaining walls require structural design certification must be provided by a qualified structural engineer that the retaining walls have been built in accordance with the plans submitted with the Construction Certificate.

56. The vehicular access and parking facilities shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities". In this regard, the submitted plans must be amended to address the following issues: a) The finished levels within the property must be adjusted to ensure that the levels

at the boundary comply with those issued by Council for the full width of the vehicle crossing. The longitudinal profile must comply with the Ground Clearance requirements of AS/NZS 2890.1-2004.

b) The driveway grades shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities".

c) A minimum of 2200mm Headroom must be provided throughout the access and parking facilities. Note that Headroom must be measured to the lowest projection from the ceiling, such as lighting fixtures, and to open garage doors.

d) The traffic report vehicle swept path analysis around intersections does not comply with Part 2.5.2 (c) of AS/NZS 2890.1:2004. The swept path analysis must allow for swept path clearances as per Australian Standard AS 2890.1 – 2004 Section B3.2. And all circulation roadways intersections require a further 300mm structural clearance as per AS 2890.1 – 2004 Section 2.5.2(C). Traffic management measures are to be incorporated to safely allow the passing of vehicles along each intersection.

The design must be certified by a suitably qualified Civil Engineer with NER registration with the Institution of Engineers Australia and be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

57. Prior to and during construction, a Work Permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s City Works Department for details.

58. A full width light duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5.5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

59. If the vehicle access is to be reconstructed the levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.



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60. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

61. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

62. The reconstruction of the kerb and gutter along all areas of the site fronting Second Avenue is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

63. The reconstruction of concrete footpath paving and associated works along all areas of the site fronting Second Avenue is required. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

64. The granting of service easements within the properties to the satisfaction of Council or private certifier. Costs associated with preparation and registration of easements to be borne by the developer.

WASTE 65. The waste bin storage areas are to be designed and constructed in accordance with

Clause 6.9.4.1 and 6.9.4.2 of the Canterbury Development Control Plan. 66. Unobstructed and unrestricted access must be provided to the waste bin storage area

on collection days from 5.00am. The bins must not be presented on the road. CRITICAL INSPECTIONS 67. Class 2, 3 or 4 Buildings

67.1. prior to covering of waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within the building, and

67.2. prior to covering any stormwater drainage connections, and 67.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 67.4. prior to covering any stormwater drainage connections, and 67.5. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 68. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT 69. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal

Certifying Authority before partial/entire occupation of the development.



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WE ALSO ADVISE: 70. This application has been assessed in accordance with the National Construction Code. 71. You should contact Sydney Water prior to carrying out any work to ascertain if

infrastructure works need to be carried out as part of your development. 72. Where Council is appointed as the Principal Certifying Authority, you will be required

to submit Compliance Certificates in respect of the following: • Structural engineering work • Air handling systems • Final fire safety certificate • Glazing • Waterproofing • BASIX completion

73. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

74. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

75. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

76. Compliance with the National Construction Code does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

77. The applicant is advised to contact Mapping & GIS Services to confirm Street Addressing prior to the issue of an Occupation Certificate. All sub-property numbering must be unique. Sub-property Street Addressing is advised as follows (the first digit represents the floor level and the next two digits represent the unit number). Ground Floor: Unit 1/75 Second Avenue, Campsie

Unit 2/75 Second Avenue, Campsie Unit 3/75 Second Avenue, Campsie Unit 4/75 Second Avenue, Campsie Unit 5/75 Second Avenue, Campsie Unit 6/75 Second Avenue, Campsie Unit 7/75 Second Avenue, Campsie Unit 8/75 Second Avenue, Campsie Unit 9/75 Second Avenue, Campsie Unit 10/75 Second Avenue, Campsie Unit 11/75 Second Avenue, Campsie

1st Floor: Unit 101/75 Second Avenue, Campsie Unit 102/75 Second Avenue, Campsie Unit 103/75 Second Avenue, Campsie Unit 104/75 Second Avenue, Campsie Unit 105/75 Second Avenue, Campsie Unit 106/75 Second Avenue, Campsie Unit 107/75 Second Avenue, Campsie



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Unit 108/75 Second Avenue, Campsie Unit 109/75 Second Avenue, Campsie Unit 110/75 Second Avenue, Campsie Unit 111/75 Second Avenue, Campsie

2nd Floor: Unit 201/75 Second Avenue, Campsie Unit 202/75 Second Avenue, Campsie Unit 203/75 Second Avenue, Campsie Unit 204/75 Second Avenue, Campsie Unit 205/75 Second Avenue, Campsie Unit 206/75 Second Avenue, Campsie Unit 207/75 Second Avenue, Campsie Unit 208/75 Second Avenue, Campsie Unit 209/75 Second Avenue, Campsie Unit 210/75 Second Avenue, Campsie Unit 211/75 Second Avenue, Campsie

3rd Floor: Unit 301/75 Second Avenue, Campsie Unit 302/75 Second Avenue, Campsie Unit 303/75 Second Avenue, Campsie Unit 304/75 Second Avenue, Campsie Unit 305/75 Second Avenue, Campsie

78. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

79. If you are not satisfied with this determination, you may: 79.1. Apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made within 6 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

79.2. Appeal to the Land and Environment Court within 6 months after the date on which you receive this Notice of Determination, under Section 97 or Section 97AA of the Environmental Planning and Assessment Act 1979.


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WEST WARD

2 135-141 PENSHURST ROAD, NARWEE: DEMOLITION AND CONSTRUCTION OF SHOPTOP HOUSING DEVELOPMENT CONTAINING BASEMENT PARKING, COMMERCIAL TENANCIES AND RESIDENTIAL ACCOMMODATION

FILE NO: 690/135D PT2

REPORT BY: DIRECTOR CITY PLANNING

WARD: WEST

D/A No: DA-200/2015

Applicant: Owner:

Benson McCormack Pty Ltd Mr Dimitrios Serafim and Peter Zavis Holdings Pty Ltd

Zoning: B2 – Local Centre under the Canterbury Local Environmental Plan 2012

Application Date: 11 May 2015, with additional information received on 24 November 2015, 1 February 2016, 25 February 2016, 3 March 2016 and 12 April 2016

Summary:

• The applicant is seeking approval to demolish the existing structures and construct a nine storey shoptop housing development including ground floor commercial, 44 residential apartments and three levels of basement car parking.

• The application has been referred to IHAP and ultimately to the City Development Committee for consideration and determination because the application is for a shoptop housing development involving more than 20 residential units and falls outside the delegated powers of Council officers.

• The site is zoned B2 Local Centre under Canterbury Local Environmental Plan 2012 (CLEP 2012). The proposed development, defined as a shop top housing development, is permissible in the subject zone.

• The development application has been assessed against the provisions contained in the relevant environmental planning instruments and development control plan. The proposal is found to generally be in compliance with the requirements of these policies, with the exception of the building height, setbacks, building separation, deep soil and carparking requirements. These non-compliances are discussed in further detail in the body of this report.

• The development application was publicly exhibited and adjoining land owners notified in accordance with Part 7 of Canterbury Development Control Plan 2012. No submissions were received during this period.



135-141 PENSHURST ROAD, NARWEE: DEMOLITION AND CONSTRUCTION OF SHOPTOP HOUSING DEVELOPMENT CONTAINING BASEMENT PARKING, COMMERCIAL TENANCIES AND RESIDENTIAL ACCOMMODATION (CONT.)

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Council Delivery Program and Budget Implications: This report has no implications for the Budget. The assessment of the application supports our Community Strategic Plan long term goal of Balanced Development.

Report: Site Details The subject site is located on the western side of Penshurst Road and has an area of 789.1m2 with a frontage of 20.85m to Penshurst Road, 35.97m to Wyatt Parade and 23.455m to Station Lane. The southern side boundary has a kink of 2.545m and an overall length of 35m. The site faces east and is generally rectangular in shape. The site comprises four Torrens title allotments identified as Lot 1, 2, 3 and 4 in Deposited Plan 2016796 and known as 135-141 Penshurst Road, Narwee. Situated within an established commercial centre, the subject site currently accommodates four single storey commercial buildings (shops) that are to be demolished as part of the proposal. Immediately outside the shops are a row of right-angle parking spaces which are currently used as public parking spaces. The site has a relatively slight fall to the primary street frontage being Penshurst Road. To the east of the site are three storey residential flat buildings. Further to the south of these residential flat buildings is the Narwee Hotel. Immediately to the north of the site is Wyatt Parade which is a pedestrian only access way providing access between Penshurst Road and Station Lane which continues through to Nirimba Road. Wyatt Parade is approximately 6 metres in width, providing a separation between the residential properties to the north, which comprises a two storey residential flat building which forms part of a group of buildings along Penshurst Road that are owned by the Department of Housing. Wyatt Parade is proposed to be upgraded as part of the redevelopment of subject site. Directly to the west of the site is Station Lane which separates a group of residential flat buildings owned by the Department of Housing. To the south of the site is a group of two storey shops.

Aerial image of the site and surrounds



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Proposal The application involves the demolition of existing structures and the construction of a shoptop housing development comprising 44 residential units (34 x one bedroom and ten x two bedroom), one ground floor commercial tenancy and three level basement car park accommodating 53 car parking spaces. The development comprises the following: • Basement 3

− 19 residential car parking spaces (including two adaptable spaces) − 14 bicycle spaces − Storage areas

• Basement 2 − 17 residential car parking spaces (including two adaptable spaces) − Storage areas

• Basement 1 − Nine residential spaces (including two adaptable spaces) − Seven visitor spaces − One car wash bay − Storage areas

• Level 1 (Ground Floor) − One x commercial tenancy (Total: 251.36sqm) − Two retail car parking spaces (including one adaptable) − One loading bay − Garbage bin area − Vehicular access from Station Lane

• Level 2 − Four x one bedroom units − Two x two bedroom units

• Level 3 − Three x one bedroom units − Three x two bedroom units

• Level 4 − Five x one bedroom units − One x two bedroom unit

• Levels 5, 6 and 7 − Six x one bedroom units

• Levels 8 and 9 − Two x one bedroom units − Two x two bedroom units

Statutory Considerations When determining this development application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act, 1979, must be considered and in this regard, the following environmental planning instruments, development control plans, codes and policies are relevant:



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• State Environmental Planning Policy 55 – Remediation of Land (SEPP 55) • State Environmental Planning Policy (Building Sustainability Index) BASIX) 2004 • State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) • Canterbury Local Environmental Plan 2012 (CLEP 2012) • Canterbury Development Control Plan 2012 (CDCP 2012) • Canterbury Development Contributions Plan 2013 Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: • State Environmental Planning Policy 55 – Remediation of Land (SEPP 55)

State Environmental Planning Policy 55 – Remediation of Land aims to promote the remediation of contaminated land for the purposes of reducing risk to human health or any other aspect of the environment. Clause 7 of SEPP 55 states that we must not consent to the carrying out of development unless we have considered whether the land is contaminated. If the land is contaminated, we must ascertain whether it is suitable in its contaminated state for the proposed use or whether remediation of the land is required. Given the history of the use of the land for non-contaminating activities, namely retail/commercial uses, it is unlikely that the subject site would be contaminated and as such, no further investigations are required to be undertaken. It is considered that the subject premises are suitable for the proposed end use.

• State Environmental Planning Policy (Building Sustainability Index) BASIX 2004 BASIX Certificate No. 627562M accompanies this application. The Certificate makes a number of energy and resource commitments in regard to ventilation, provision of a central hot water heating system, natural lighting and thermal comfort. These commitments have been shown on the DA plans and satisfy the requirements of the SEPP.

• State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) This policy aims to improve the design quality of residential flat buildings. The proposed development falls within the definition of a residential flat building under this SEPP as it involves the construction of a nine storey building containing more than four residential units. The SEPP requires that registered architects carry out the design of residential flat buildings. A registered architect has designed the proposal. The SEPP requires consideration of the following matters prior to determining the application: Design Quality Principles The applicant has addressed these principles as follows:



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Context The shop top housing development is consistent with the future character of the area and is a permissible use within the zone. Higher density shop top housing developments will be an emerging characteristic of this section of Penshurst Road which is consistent with the zoning based on future desired outcomes for this region. The site is in close proximity to many amenities, including Narwee train station, bus stops, Narwee Public School and services which serve the needs of the local community. Scale The scale of existing development in the area is characterised by buildings of varied height, bulk and mass. The existing commercial and residential buildings in the area range from single to three storeys in height. The design incorporates a podium to assimilate with the street context and a tower above. Although the proposal involves minor non-compliances with the building height standard in CLEP 2012 and building setback and separation controls in CDCP 2012, the overall scale of the proposal is considered generally consistent with the scale of development envisaged for this locality. Built Form The proposal achieves the built form objectives as it contributes positively to the streetscape and provides a high level of amenity for residents and tenants. The shop top housing nature of the proposal is appropriate in context of the existing development in the locality and for the desired future character. The elevations have been well articulated to provide interest and amenity, whilst taking into consideration privacy and amenity on neighbouring properties. The ground floor retail space is clearly defined and addresses the Penshurst Road and Wyatt Parade frontage. The built form generally responds to the envisaged future character of the locality through well considered distinctive architectural forms and high quality materials and finishes. Density The proposed density is appropriate for the site and within the desired future character in the immediate context of the area. The site is located within close proximity to public transport, community facilities and business within this precinct. The proposed development is compatible with Council and State Government’s strategic vision for the development of localities in close proximity to retail centres and public transport systems. The proposed building is considered to have an appropriate density for the site and the locality.



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Resource, Energy and Water Efficiency The proposal has been designed to maximise energy and resource efficiency, with all dwellings designed to promote the principles of passive solar design and natural ventilation. The proposal has been assessed against BASIX and adequately meets all required categories of water, thermal comfort and energy.

All living areas open directly onto balconies/courtyards and the use of covered terrace areas will provide shading during the summer months and allow sunlight to penetrate during winter. The RFDC requires that 60% of the units be cross ventilated. The plans submitted indicate that 70.4% of dwellings will be cross ventilated. In addition, the RFDC requires that 70% of units receive direct solar access to their living spaces during winter which the proposed development exceeds. Due to the layout of the site, no units have a southerly aspect with a majority having a northerly aspect towards Wyatt Parade. Landscape These principles have been considered. Landscape details have been provided for landscaping to courtyards and communal open space areas, which have been reviewed and accepted by our Landscape Architect. The proposal satisfies the requirements of CDCP 2012 subject to appropriate conditions of consent. Amenity The proposed development has been designed to maximise the amenity for apartments within the scheme as well as protect and enhance the amenity of adjoining properties. The internal layout and configuration of the apartments will ensure appropriate room dimensions, access to light, ventilation and privacy. The proposed apartments adopt well designed spaces with comfortable room dimensions, with positive outlooks. High ceilings and large openings will ensure light and air penetrates deep into the floor plan. The driving force into the design has been to create interesting and highly desirable interior volumes. Safety and Security The proposed development has been designed having regard to the principles of Crime Prevention Through Environmental Design. The proposed building has been designed with direct presentation to the street, having balconies and windows overlooking all setbacks to maximise opportunities for casual surveillance. The incorporation of clearly defined and well lit entrance shall both provide a highlight design feature allowing ease of introduction to the entrance of the building as well. There are no areas for concealment and a clear demarcation between public/communal and private spaces has been adopted. Social Dimensions The proposed development provides for a total of 44 dwellings. This shall suit the social mix and needs of the neighbourhood. The apartment mix provides for a range of budgets/tenures in terms of dwelling sizes. With the greater housing need within the locality, the proposed development meets a demand for providing this apartment type within close proximity to main transport lines.



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Aesthetics The proposed development will result in a positive urban design outcome for the site, providing a well-designed development with direct presentation to the street frontages and remaining aspects. The proposed building is structured to reinforce its location and typology through materials, textures and colour palette proposed. The colours and materials used and articulation of façade language will be a positive contribution to the desired future character and surrounding streetscape in this area. The proposed development will improve the streetscape, and is likely to set a good architectural element for future development in the locality and other similar type developments. Having regard to the previous comments, the proposal is considered to meet the objectives of the SEPP by providing a positive contribution to the locality in terms of design quality and amenity for future occupants without creating significant adverse impacts on adjoining residential development.

Residential Flat Design Code Further to the design quality principles discussed above, the proposal has been considered against the various provisions of the Residential Flat Design Code in accordance with SEPP 65. The proposed development is generally considered satisfactory in regard to the following ‘Rules of Thumb’ controls:


Required Proposed Building Complies

Building Depth

Max 10m – 18m Max. 18m Yes

Building Separation

Build to side boundaries to provide a continuous street frontage

Built to side boundaries to provide a continuous street frontage along southern side boundary

Yes

Up to 4 storeys = 12m* (between buildings)

Building separation to rear (west) 10.975m – 12.73m

No * see comment [1] below

5-8 Storeys = 18m* (*between buildings)

13.92m – 14.52m

Up to 4 storeys = 12m* (between buildings)

Building separation to side (north) 10.06m – 12m

5-8 Storeys = 18m* (*between buildings)

12.92 – 16.025m

Street Setbacks

Consistent with existing Nil setback for first three floors and 5m setback for upper floors

Yes

Side and Rear Setbacks

Consistent with existing streetscape patterns

Nil setback to Wyatt Parade is acceptable and will contribute to activation of the public domain which is consistent with the desired future character of street.

Yes

Deep Soil Zones

Min 25% of open space 0% provided across the site which is in an urban area and the site will be built to capacity

No – see comment [2] below



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Landscape Design

Improve amenity, streetscape and energy efficiency.

Communal open space at roof level. This is allowable in urban areas.

Yes

Open Space Between 20-30% of site area Rooftop communal open space equates to 10% (80.25m²) of site area which is in line with DCP 2012

Yes

Building Entry Provide physical and visual connection between building and street

Highly visible building entry from Penshurst Road

Yes

Provide safe entrance. Provide equitable entrance.

Entry will be well lit, safe and equitable.

Yes

Parking Provide underground car parking

Proposal includes basement parking as per CDCP 2012

Yes

Provide bicycle parking Provision of bicycle parking spaces shown on the drawings submitted and reinforced by condition of consent

Yes

Pedestrian Access

Barrier free access to at least 20% of dwellings

Barrier free access provided to 100% of dwellings

Yes

Vehicle Access

Max width of driveway is 6m 5.5m driveway from Station Lane Yes Located vehicle entry away from pedestrian entry

Separate pedestrian entry also from Penshurst Road

Yes

Apartment Layout

Max depth of cross through is 15m or more than 4m in width

Max depth is 15m and all cross through units are more than 4m in width

Yes

Min apartment size: One bed – 50m2 Two bed – 70m2

Min sizes: One bed – 50m² Two bed – 70m²

Yes

Apartment Mix

Provide an apartment mix Acceptable apartment mix as follows: - 34 x one bedroom units - Ten x two bedroom units

Yes


Balconies have a minimum depth of 2m

Minimum 2m Yes

Ceiling Heights 2.7m habitable 2.4 non habitable

2.7m habitable & non-habitable 3.6m commercial

Yes

Storage One bed – 6m3 Two bed – 8m3 Three+ bed – 10m3

Substantial storage areas incorporated within units

Yes

Acoustic Privacy

Like rooms together Like rooms are placed together to ensure acoustic privacy is achieved

Yes

Daylight Access

70% of units to receive two hours between 9am – 3pm. In dense urban areas a minimum of two 2 hours may be acceptable.

81.8% (36 units) achieve a minimum of two hours at the winter solstice

Yes



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Single aspect units with a southerly aspect limited to 10% of total

0% (0 units) single aspect units with a southerly aspect

Yes

Natural Ventilation

60% of units to be naturally cross ventilated

70.4% (31 units) of units achieve natural cross ventilation

Yes

As demonstrated in the table above, the proposed development is compliant with the requirements of the Residential Flat Design Code, with the exception of the building separation and deep soil. These issues are discussed below:

[1] Building Separation The rules of thumb under the Residential Flat Design Code align with CDCP 2012 in terms of building separation requirements. The proposed development seeks a variation to the building separation controls between the proposed development and existing developments to the side and rear of the subject site. As outlined in the site analysis, development to the north (side) and west (rear) consists of two storey and three storey residential flat buildings respectively. These buildings form a part of a group of residential flat buildings along Penshurst Road and Station Lane. The RFBs to the rear have frontage to Nirimba Avenue, Hannans Road, Station Lane and Wyatt Parade. There are minor encroachments into the building separation up to the four storeys with further encroachments on the upper storeys. Notwithstanding this numerical non-compliance, the design has sought to mitigate any potential issues of privacy by providing screening to the balcony portion of the private open space that are directly accessed from the main living areas where possible. There are also no window openings along the southern elevation of the adjacent building to the north. The adjacent three storey building to the west (rear) provides six double hung windows (two at each level) which are not in direct line of sight of window openings of the proposed building. The section of the building (up to four storeys) that is directly opposite the RFB provides a blank wall span that accommodates a bedroom on each of the three levels (excluding the ground floor). The upper level apartments within the proposed development will have minimal amenity impacts on the surrounding developments given the sufficient separations and the unlikelihood of these buildings being redeveloped for a higher density given a building height of 11.5m applies to these sites under CLEP 2012. The site enjoys an east-west orientation which assists to minimise the shadow impact on the adjacent residential properties. The majority of the shadow impact will be on the commercial properties to the south of the site.

Overall, it is considered that the design of the proposal allows sufficient privacy between the neighbouring properties and the development proposal, and given the minimal adverse impacts on the amenity of current and future residents, the variation is worthy of support in this instance.



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[2] Deep Soil The Residential Flat Design Code suggests that 25% of the open space area of a site should be a deep soil zone. However, this document also notes that exceptions may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the building. This application has been reviewed by our Development Engineer, who is satisfied with the stormwater disposal system proposed. Accordingly, given the location of the site in a business zone, in an urban area and the fact that stormwater treatment measures have been integrated with the design of the building, the provision of no deep soil on site is considered acceptable in this instance.

• Canterbury Local Environmental Plan 2012 (CLEP 2012)

The subject site is zoned B2 – Local Centre under Canterbury Local Environmental Plan 2012. The controls applicable to this development application are as follows:

Standard Requirement Proposal Complies Zoning B2 – Local Centre The proposed development is

defined as ‘shop-top housing’ and ‘commercial premises’.

The proposed development is permissible with consent under CLEP 2012

FSR No FSR applies No FSR controls apply to the B2 zone under CLEP 2012.

N/A

Building Height

The subject site is identified as being within an area where a height limit of 27m applies

The development is predominantly 27m high, except for the parapet height of 28.62 and lift and stair overrun which results in an overall maximum height of approximately 31.065m.


As demonstrated in the above table, the proposed development does not strictly comply with our height requirements as per Canterbury Local Environmental Plan 2012. This variation is justified as follows: [1] Building Height The proposal complies with the standards found in CLEP 2012, with the exception of the building height. As shown on the elevations submitted the proposal exceeds the maximum building height of 27m, noting that the proposal is predominantly compliant with the maximum building height. However, a small portion of the proposal (comprising the lift and stairwell over run/services, parapet associated with the communal open space on the rooftop level) exceeds the maximum building height requirement and as such does not comply with Clause 4.3 of the CLEP 2012. The extent of variation is 4.065m and equates to 15% of the standard.

The applicant has submitted a justification in accordance with Clause 4.6 of CLEP 2012 regarding the non-compliance of the development standard as summarised below.



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Clause 4.6 of the LEP applies to this development as follows: (3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating; (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case;

Although SEPP 1 does not apply to the CLEP 2012 it is considered reasonable and appropriate to respond to the relevant case law for justifying variations to a development standard. In Wehbe V Pittwater Council (2007) NSW LEG 827 Preston CJ sets out ways of establishing that compliance with a development standard is unreasonable or unnecessary. It states, inter alia:

“An objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways. The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.” The judgement goes on to state that:

“The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).”

Preston CJ in the judgement then expressed the view that there are five different ways in which an objection (variation) may be well founded and that approval of the objection may be consistent with the aims of the policy, (with emphasis placed on number 1 for the purposes of this Clause 4.6 variation) as follows:

“1. The objectives of the standard are achieved notwithstanding non-

compliance with the standard; 2. The underlying objective or purpose of the standard is not relevant to the

development and therefore compliance is unnecessary; 3. The underlying object of purpose would be defeated or thwarted if

compliance was required and therefore compliance is unreasonable; 4. The development standard has been virtually abandoned or destroyed by

the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5. The zoning of the particular land is unreasonable or inappropriate so



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that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard that would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.”

The objectives of the maximum building height standard are stated in Clause 4.3 of Canterbury LEP 2012 are as follows: a) to establish and maintain the desirable attributes and character of an area, b) to minimise overshadowing and ensure there is a desired level of solar access

and public open space, c) to support building design that contributes positively to the streetscape and

visual amenity of an area, d) to reinforce important road frontages in specific localities.

Comment The applicant states that strict compliance with the prescriptive building height requirement is unreasonable and unnecessary in the context of the proposal and its particular circumstances. The proposed development meets the underlying intent of the control and is a compatible form of development that does not result in unreasonable environmental amenity impacts. The maximum breach is to the lift overrun. The lift has been extended to the roof to provide access to the communal roof terrace which will provide an increased level of amenity to the future occupants of the building. The lift overrun/lift core is located at the centre of the building and will not read from the street. For the most part, the building generally complies however there is a breach to the utmost point of the parapet of 1.62m occurring at the south-eastern corner of the building. The breach to the edge of the building is because the design has sought to define the building architecturally including the articulation of the roof. Due to the fall of the land from the rear to the front, the front portion of the building exceeds the maximum building height while the rear achieves building compliance. The proposal will not have any adverse effect on the surrounding locality, which has been earmarked for future mixed high density development by virtue of its B2 Zoning. The proposal promotes the economic use and development of the land consistent with its zone and purpose.

(b) that there are sufficient environmental planning grounds to justify

contravening the development standard. Comment

The proposal includes roof top common open space which provides greater amenity and recreational opportunities for residents. There will be minimal impacts on the amenity, in terms of privacy and solar access, of surrounding development as a result of the lift and stairwell over run/services and structures associated with the communal open space on the rooftop level. The proposed development is considered to meet the objectives for height as specified in CLEP 2012 and CDCP 2012.



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(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that; (i) the applicant’s written request has adequately addressed the

matters required to be demonstrated by sub-clause (3); Comment The applicant’s written statement adequately covers matters required by sub-clause 3.

(ii) the proposed development will be in the public interest because

it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out;

Comment The proposed development is in the public interest and is in keeping with the objectives of Clause 4.3 Height of Buildings of CLEP 2012. The proposal seeks to replace older, existing buildings with a permissible, generally compliant shoptop housing development. The overall height of the development presents as a compatible form of development with the lift shaft and structures associated with the common open space on the rooftop recessed back to downplay the visual dominance as viewed from the public domain and adjoining properties, thus ensuring the building presents a maximum height of 27m where possible to the public domain. The proposal has been designed to ensure that privacy impacts are mitigated and that the proposal will not obstruct existing view corridors. The proposal is designed with a built to boundary form along the southern side boundary with a recessed element above the podium to align with the DCP to reinforce the road frontage as envisaged for the Narwee Town Centre. The minor non-compliance to the height control has no impact on the setting of any items of environmental heritage or view corridors. The proposed building is in keeping with the desired future character of the Narwee centre, as prescribed by CLEP 2012. The continued revitalisation and improvement of the streetscape benefits the community.

(b) the concurrence of the Director-General has been obtained.

Comment The concurrence of the Director-General is assumed having regard to previous advice received from the Department of Planning and Infrastructure in Circular PS-08-003. Land and Environment Court Case law The Land and Environment Court, through case law, provides guidelines for the consideration of clause 4.6 departures. Two cases that it is appropriate to discuss are: − Wehbe v Pittwater Council (2007) NSWLEC 872; and − Four2Five Pty ltd v Ashfield Council (2015) NSWLEC 2009.



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Wehbe v Pittwater Council Wehbe v Pittwater related to a SEPP 1 objection and outlines that there are five methods to establish that the application of a development standard is unreasonable or unnecessary in the circumstances of the case. 1. The development achieves the objectives of the development standard; 2. The underlying objective or purpose of the development standard is not

relevant to the development with the consequence that compliance is unnecessary;

3. The underlying objective or purpose of the development standard would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable;

4. The development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable; and

5. The zoning of particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land and that compliance with the standard in that case would also be unreasonable or unnecessary.

The case law indicates that if any of these methods are satisfied then the departure to the standard can be supported. In respect of this site, it is considered that the proposal satisfies method 1 for the reason outlined above to address clause 4.6(3) of the LEP as the development presents a nine storey form (as envisaged by the 27m height) and the provision of the enclosed structure within the rooftop provides protection for future residents and appropriate lift/stair access to the roof top communal open space, without compromising the stated underlying objectives of the building height controls. This is a preferred environmental planning outcome as compared to the removal of these facilities from the development. Four2Five Pty Ltd v Ashfield Council Four2Five Pty Ltd v Ashfield Council relates to a consideration of a clause 4.6 departure to a building height development standard. The Court indicated that merely showing that the development achieves the objectives of the development standard will be insufficient to justify that a development is unreasonable or unnecessary in the circumstances of the case for the purposes of an objection under Clause 4.6, (and 4.6(3)(a) in particular). Further, the requirement in Clause 4.6(3)(b) to justify that there are sufficient environmental planning grounds for the variation, may well require identification of grounds particular to the circumstances of the proposed development - as opposed merely to grounds that would apply to any similar development on the site or in the vicinity. The particular circumstances of this development are considered to be the provision of the rooftop common open space area. The height departure is a result of the desire to



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provide appropriate lift and stair access to this area to facilitate its use by future residents. The lift overruns are setback from the parapet of the building. The structures on the roof will not generate additional overshadowing or privacy impacts. The proposed development is generally compliant with the height standard to the underside of the ceiling to the topmost level. The area of noticeable variation occurs mainly due to the architectural detailing of the façade and the articulation of the roof rather than seeking an additional level. The detailing of the façade has been integrated into the design of the entire building given its important visual presentation to the street. Therefore the current proposal is a preferable outcome from an environmental planning perspective and demonstrates that there is merit in varying the height control to achieve a better design response on the site. Having regard to the above commentary, it is considered appropriate in this instance to support the submission under Clause 4.6 of LEP 2012 to permit the proposed development.

• Canterbury Development Control Plan 2012 (CDCP 2012) Standard Requirement Proposed Complies Isolation of sites

No isolation of neighbouring properties so that it is incapable of being reasonably developed

No isolation of neighbouring properties

Yes

Minimum Frontage

12m-18m 20.85m to Penshurst Road Yes

Building Height

Floor to ceiling height in commercial min. 3.3m

3.6m Yes

Floor to ceiling height in residential min. 2.7m

2.7m Yes

Floor to ceiling height in car parking min. 2.8m

2.8m Yes

Building Depth

Commercial component 10-24 metres

Tenancy 1: 14.6m Yes

In general, an apartment building depth of 10-18 metre is appropriate

All apartments have a depth of less than 18m

Yes

Building Setbacks

One to three storeys, build to front boundary.

One to three storeys built to front boundary

Yes

> Three storeys – 5m 5m setback to upper levels Yes Establish 45 degree height plane projected at 6m from residential zone boundary and two storey height limit applies

The development is setback 6.095m from the residential zone to the north (side setback) by virtue of Wyatt Parade and 9.145m from the residential zone to the west (rear setback) by virtue of Station Lane. The proposal seeks a variation to the building height plane.




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Standard Requirement Proposed Complies Building Separation (as per SEPP 65)

12m up to four storeys 18m storeys five to seven

The proposed development is proposed to be built against the southern boundary as a continuous street frontage which is desirable at this location. Adequate separation has been provided to the residential properties to the rear (refer to discussion above in the RFDC table relating to compliance with building separation).

No – Refer to comment in RFDC table.


At ground floor level viable shop fronts for business activities are to be created

Viable commercial and retail tenancies have been provided at the ground floor level

Yes

Car and Bicycle Parking (Rate for Centres with good public transport in B2 zone)

Residential • One space per one bedroom

dwelling (34 spaces) • One space per two bedroom

dwelling (ten spaces) • 0.15 visitor spaces per

dwelling (seven spaces) • One car wash bay Total: 52 spaces (including car wash bay)

52 spaces (including car wash bay)

Yes

Commercial • One space/40sqm (six

spaces)

Three spaces

No – imposed as condition of consent

Bicycle Parking Residential • One space per five dwellings

(residents) – nine spaces required

• One space per ten dwellings (visitor) – four spaces required

Commercial • One space per 300m2 − one space required Total: 14 spaces

Bicycle bay, containing 13 spaces provided One space provided Total: 14 spaces

Yes

Design Controls

Clearly identifiable entries. Provide main common entry.

Clear entry provided as main common entry

Yes

Habitable room window to face communal areas

Habitable windows facing perimeter of the development

Yes

No obstruction to views from street to development and vice versa

Natural surveillance provided for surrounding streets

Yes



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Standard Requirement Proposed Complies Façades – New 3-5 storey buildings

To be in accordance with articulation controls of this DCP

Façade is in accordance with the articulation requirements, as outlined in this table.

Yes

Cantilevered Awning

Height of between 3.2m and 4.2m from natural ground/footpath

3.4m – via condition Yes

Width of 3m 3m Yes Articulation Buildings should generally have

a base and upper elements Building has base and upper levels Yes

The design of the façade, including the quality and durability of its materials, should be emphasised.

The façade is emphasised through strong vertical elements with particular emphasis on depth. Materials of a high quality and are durable.

Yes

The ‘façade’ should have a strong sense of verticality, emphasised on the ground floor by modulation at intervals of 6-8 metres with some variation. Modulation above the ground floor may take the form of party walls, small bays, as well as variations in materials and colours.

Vertical emphasis is provided with appropriate modulation through the use of varying materials and external finishes

Yes

A visual finish using expressed eaves, cornice or parapet elements with shadow lines is desirable.

Shadow lines to be created through the use of building design elements

Yes

No blank walls are to face the public realm

No blank walls face Penshurst Road, Wyatt Parade or Station Lane.

Yes

Balconies should be used in moderation and be integrated into the overall composition of the façade.

Balconies are integrated into the overall design of the façade. There is adequate variety in the balconies configuration between the lower and upper levels of the development.

Yes

The majority of windows shall be vertically rectangular

Majority of windows are to be vertically rectangular

Yes

Roof Design Relate roof design to the desired built form and or context

Roof design is consistent with the desired built form and context of the area

Yes

Service and Utility Areas

Integrated into the design of development and are not visually obtrusive

Service and utility areas integrated into the design adequately

Yes



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Standard Requirement Proposed Complies Unscreened appliances not to be visible from the street, communal area of driveway on the site. Air con units behind balustrades, screened recesses for water heaters, meters in service cabinets.

Appliances not visible from public areas

Yes

Communal rooftop antenna to be provided

Antenna can be conditioned Yes

Screen clothes drying areas from public view, storage space screened and integrated into design

Adequately screened Yes

Discretely locate mailboxes in front of property

Mailboxes to be provided on Penshurst Road

Yes

Performance Controls Visual Privacy Locate and orientate new

developments to maximise visual privacy between buildings

Design has adequately addressed visual privacy issue through window placements and sufficient setbacks with the adjoining property

Yes

Balconies Primary 8m2 balconies for one bedroom dwellings and 12m2 for two bedroom dwellings

Balconies to provide the minimum private open space requirements. To be imposed as a condition of consent.

Yes

Full length balconies without articulation are not permitted

Articulation and building design elements incorporated to provide relief to balconies

Yes

Primary balconies to be located adjacent to main living areas

All primary balconies are accessible directly off living room

Yes

Primary balconies to have minimum depth of 2m and be functional in dimensions

Minimum depth of 2m and functional in design

Yes

Design and detail balconies in response to local climate

Balconies have been designed where achievable to have northern orientation to maximise solar access

Yes

6m3 per one bedroom dwelling 8m3 per two bedroom dwelling 10m3 per three bedroom dwelling

Minimum: 6m3 per one bedroom dwelling 8m3 per two bedroom dwelling

Yes

Communal open space equivalent to 10% of site area (78.91m2)

80.25m2 or 10% of site area Yes

Internal Dwelling Space and Design

Dimensions and design of interiors to accommodate furniture typical for purpose of room

Typical furniture layout on plans Yes

Living room and main bedroom min 3.5m dimension

Minimum 3.5m Yes



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Standard Requirement Proposed Complies Secondary bedrooms to have minimum 3m width

Minimum 3m Yes

Crime Prevention Site and Building Layout

Address the street, or both streets and corners

The building and dwellings are orientated towards street frontages

Yes

Habitable rooms with windows at front of dwellings

Dwellings have been orientated to ensure windows at the front of the development

Yes

Avoid blind corners in pathways, stairwells, hallways and car parks.

The building layout avoids blind corners

Yes

Access Control

Access to the individual units be clearly marked and apparent to visitors

The entry is to be clearly numbered with the dwellings accessible through that entry

Yes

Install intercom, code or card locks or similar to main entries to buildings, including car parks.

Intercoms and controlled access measures to be installed at building entry point, including basement car park.

Yes

That concealment points be eliminated

The proposal eliminates concealment points by controlling access to the site

Yes

Ownership Dwellings and communal areas to provide sense of ownership

Sense of ownership achieved through the use of design features, building materials and site layout.

Yes

Climate and Energy Site layout and building orientation

Design and orientate the building to maximise solar access and natural lighting, without unduly increasing the building’s heat load.

Solar access maximised Yes

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land (see solar access below).

Building has been designed to minimise shadow impact on adjoining properties, with adequate separation proposed

Yes

Coordinate design for natural ventilation with passive solar design techniques

Design allows for natural ventilation and incorporates passive solar design techniques

Yes

Provide adequate external clothes drying areas for all residents in the building

Adequate clothes drying facilities provided

Yes

Internal layout Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to maximise solar access

Yes



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Standard Requirement Proposed Complies Windows and glazing

Place more windows on the northern side than on other sides of the building, so that there are more windows gaining heat than there are losing heat in winter months, and sun penetration is reduced in summer.

Placement of windows on the northern side has been incorporated into the design

Yes

Insulation and thermal mass

Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: - Roof: minimum 2.0 R-value - Wall: minimum 1.0 R-value - Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate

Yes

Daylight and sun access

At least 70% of proposed apartments to living room areas and private open space to receive two hours sunlight between 9.00 am and 3.00 pm in mid-winter

81.8% of apartments receive two hours sunlight between 9am and 3pm in mid-winter

Yes

Living room windows and principal ground level open space of adjoining dwellings receive at least two hours sunlight

Proposal complies with this requirement

Yes

Ventilation Provide natural cross ventilation to at least 60% of dwellings and natural ventilation to 25% of kitchens

Cross ventilation is provided to 70.4% of dwellings and natural ventilation to all of the kitchens within the dwellings

Yes

The proposed development generally complies with the design and numerical requirements of CDCP 2012 with the exception of the following: [1] Setback on Boundary with Residential Zone (side and rear setback) For sites that share a side and rear boundary with a residential zone, Part 3.1.8(viii-xii) of CDCP 2012 requires development to be located within a 45 degree height plane, measured at 6m from the residential boundary. Further, Part 3.1.8(xiii) stipulates that a two-storey limit on the boundary with the residential zone applies. The site is separated by Wyatt Parade (6.095m wide laneway) from the residential boundary of 141 Penshurst Road and by Station Lane (9.145m wide laneway) from the residential boundary of 140 Hannans Road. Part 3.1.8(ii) of CDCP 2012 does not require a rear setback as the subject land adjoins a lane.



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Despite this encroachment of the building on the building height plane, the variation is considered to have a negligible impact. The design in its current form, will not significantly reduce solar access and visual privacy to the existing residential properties located to the north and west of the site with solar access maintained in excess of the requirements under CDCP 2012 and the RFDC. The building also provides satisfactory setbacks on the upper levels to the side and rear to ensure the building size and bulk is minimised. The proposed variation to Part 3.1.8(viii-xiii) of CDCP 2012 is therefore supported.

Part 6.1 – Access and Mobility The application was assessed against Part 6.1 of our DCP and found to be satisfactory. Conditions of consent will be imposed requiring that the development be constructed to comply with the Commonwealth Disability (Access to Premises – Buildings) Standard 2010 and the National Construction Code. Part 6.3 – Crime Prevention The application was assessed against Part 6.3 of our DCP and found to be satisfactory. Relevant conditions will be attached to any consent issued. Part 6.4 – Development Engineering, Flood and Stormwater The stormwater plan submitted with the application has been assessed by our Development Engineer and found to be affected by overland flow of flood waters. Accordingly, Council’s Development Engineer has recommended the proposal be approved as a Deferred Commencement consent to ensure the design of the stormwater management system is satisfactory. Part 6.6 – Landscaping The application has been reviewed by our Landscape Architect and was found to satisfy the requirements of Part 6.6 of the CDCP 2012. Appropriate conditions of consent will be imposed. Part 6.8 – Vehicle Access and Parking As discussed above, the quantum of parking on site has been addressed in the Residential Neighbourhoods section of this report. Appropriate conditions of consent will be imposed. Part 6.9 – Waste Management The application has been reviewed by our Waste Services Coordinator and was found to satisfy the requirements of Part 6.9 of the CDCP 2012 subject to conditions of consent.

• Canterbury Development Contributions Plan 2013

The provisions of our Section 94 Contribution plan apply to the proposed development in that it will provide residential dwellings on the subject site and it is within the Narwee Town Centre. Based on the proposal, the development attracts a contribution of $462,946.29.



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Other Considerations • National Construction Code

The development application has been reviewed and assessed by our Building Officer who has raised no objection to the proposal subject to appropriate conditions being imposed including that full compliance with the National Construction Code is to be achieved.

• Proposed Excavation Works

The proposed development involves excavation and construction works in close proximity to neighbouring properties. It is recommended that a condition be imposed that requires the submission of a report by an accredited Engineer detailing the structural adequacy of the adjoining properties at 131 Penshurst Road and 153 Penshurst Road, Narwee to withstand the excavation works proposed. Further an additional condition requiring the applicant to provide a dilapidation report for the adjoining properties, prior to the issue of the Construction Certificate is also recommended. Should any damage to adjoining properties result from the proposed excavation works at the subject site, the applicant will be required to rectify all damages.

• Sediment and Erosion Control

Standard conditions are included regarding the installation and maintenance of the sediment and erosion control measures as part of the pre and during construction phase of the development.

• The Public Interest

The public interest was taken into consideration whilst assessing this development application. It is considered that the current proposal will not have a negative impact on the residential amenity of the neighbourhood and is therefore considered to be acceptable.

Notification The development application was notified to all adjoining land owners and occupiers in accordance with Part 7 of the Canterbury Development Control Plan 2012. No submissions were received during this period. Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development is permissible in the zone subject to consent under the provisions of Canterbury Local Environmental Plan 2012. As demonstrated, the proposed development is generally consistent with the provisions of the relevant State Environmental Planning Policies and our development control plan.



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As outlined throughout this report, the site is capable of accommodating the proposed shoptop housing development and is not expected to have a detrimental impact on the amenity of the locality. In this regard the proposal is considered to be a suitable development for the site. It is recommended that the development application be approved, subject to conditions. RECOMMENDATION: THAT Development Application DA-200/2015 be approved as a DEFERRED COMMENCEMENT Consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979. A. This consent is not to operate until the Applicant has amended the development within

24 months of the date of this Notice to address the following matters: Traffic & Parking: • The submitted swept path analysis completed by Varga Traffic Planning Pty Ltd

are not the same paths shown within AS 2890.1:2004, in particular the B99 & B85 Vehicle Swept Turning Paths. These swept paths must be amended to match the paths shown in Figure B3 and B5 of AS/NZS 2890.1: 2004. The swept path diagrams must include a manoeuvring and circulation clearance in accordance with Paragraph B3.2 of AS/NZS 2890.1: 2004 and a further 300 mm clearance to obstructions in accordance with Clause 2.5.2(c) of AS/NZS 2890.1: 2004. Note – Column located near the unit storage area may need to be relocated in order to demonstrate compliance.

Stormwater: • An Overland Flow Risk Management Plan is required during the DA stage. The

main concern is the outcome of the pre and post development obstruction of the overland flow path. The overland flow path must remain unobstructed. This is to be demonstrated by preparing flood/overland flow hydraulic models to incorporate the post development obstructions within the flow path. Council will not accept an increase in post development water surface greater than 10mm. Modelling software such as Hec-Ras and Tuflow or equivalent are acceptable to Council. The report and modelling must be certified by an appropriately qualified and practising Civil Engineer (with appropriated local experience in flood modelling) and include levels reduced to Australian Height Datum (AHD) and full modelling parameters, assumptions and details of entire flood plain. The details shall be prepared in accordance with ARR, NSW Government Flood Plain Development Manual, Council’s Stormwater Management Manual – Specification 9.

Evidence of the above matters must be produced to the Council or its delegate within two years of the date of this Determination otherwise the Consent will lapse.

B. The following conditions of consent will be included in the development consent issued by Council after the applicant provides information sufficient to satisfy Council in relation to the conditions of the deferred commencement consent.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior to

the issuing of a Construction Certificate: 1.1. Details of:

• Structural Engineering Plan including method of shoring during



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excavation • Building Specifications • Fire Safety Schedule • Landscape Plan • Hydraulic Plan • Firewall Separation • Soil and Waste Management Plan • BASIX Certification • Ventilation of basement in accordance with AS 1668.2

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.

1.3. Payment to Council of: Kerb and Gutter Damage Deposit $13,312.00 Section 94 Contributions $462,946.29 Certificate Registration Fee $36.00 Long Service Levy $44,930.70 Long Service Levy Commission $19.80

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $39,695.00 Inspection Fee $7,890.00 Occupation Certificate Fee $2,758.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT 2. Before the erection of any building in accordance with this Development Consent;

2.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and

2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE 3. A sign shall be erected at all times on your building site in a prominent position stating

the following:



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3.1. The name, address and telephone number(s) of the principal certifying authority for the work, and

3.2. The name of the person in charge of the work site and a telephone number at which that person may be contacted during and outside working hours, and

3.3. That unauthorised entry to the work site is prohibited. DEMOLITION 4. Demolition must be carried out in accordance with the following:

(a) Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

(c) Demolition being carried out in accordance with the requirements of the Work Health and Safety Regulation 2011.

(d) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(e) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(f) Burning of demolished building materials is prohibited. (g) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. (h) Soil and water management facilities must be installed and maintained during

demolition in accordance with Council’s Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council’s street gutter or road you may receive a $1500 on-the-spot fine.

(i) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(j) The capacity and effectiveness of soil and water management devices must be maintained at all times.

(k) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.

(l) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.



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(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority’s guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au.

(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.

(p) Any existing accumulations of dust (eg. Ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

GENERAL 5. The development being carried out in accordance with the plans, specifications and

details as outlined in the table below, except where amended by the following specific conditions and the conditions contained in this Notice:

Prepared By Drawing No. Issue Date Prepared Date received by Council

Benson Mccormack A-0102 C 11/04/2016 12/04/2016 Benson Mccormack A-0103 C 11/04/2016 12/04/2016 Benson Mccormack A-0104 C 11/04/2016 12/04/2016 Benson Mccormack A-0105 C 11/04/2016 3/03/2016 Benson Mccormack A-0106 B 2/03/2016 3/03/2016 Benson Mccormack A-0107 B 2/03/2016 3/03/2016 Benson Mccormack A-0108 B 2/03/2016 3/03/2016 Benson Mccormack A-0109 B 2/03/2016 3/03/2016 Benson Mccormack A-0110 B 2/03/2016 3/03/2016 Benson Mccormack A-0111 B 2/03/2016 3/03/2016 Benson Mccormack A-0112 B 2/03/2016 3/03/2016 Benson Mccormack A-0113 B 2/03/2016 3/03/2016 Benson Mccormack A-0114 C 11/04/2016 12/04/2016 Benson Mccormack A-0116 A 11/04/2016 12/04/2016 Benson Mccormack A-1326 A 11/04/2016 12/04/2016 Benson Mccormack A-0201 C 11/04/2016 12/04/2016 Benson Mccormack A-0202 C 11/04/2016 12/04/2016 Benson Mccormack A-0203 C 11/04/2016 12/04/2016 Benson Mccormack A-0204 C 11/04/2016 12/04/2016 Benson Mccormack A-0221 C 11/04/2016 12/04/2016 Benson Mccormack A-0222 C 11/04/2016 12/04/2016 Benson Mccormack A-1327 A 11/04/2016 12/04/2016 Benson Mccormack A-1302 A April 2015 11 May 2015 Benson Mccormack A-1303 A April 2015 11 May 2015 Benson Mccormack A-1304 A April 2015 11 May 2015

5.1. Communal rooftop antenna to be provided and connected to all units so that it is fully operational prior to the issue of an Occupation Certificate.

5.2. A minimum of 14 bicycle spaces (comprising 13 residential spaces and 1



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commercial spaces) must be provided within the basement levels. 5.3. Adequate external clothes drying areas must be provided for all residents in the

building. 5.4. The development must be amended so that the commercial space on the ground

floor is provided with a minimum of six (6) car spaces excluding the loading bay. These amendments must to submitted for approval to Council prior to the issue of the Construction Certificate.

5.5. A minimum private open space area for each unit must be provided as follows: - Minimum 8m2 for a one bedroom unit - Minimum 12m2 for a two bedroom unit

5.6. A minimum storage area of 6m3 and 8m3 must be provided for each one bedroom and two bedroom unit respectively. At least 50% of the required storage space is to be located within the residential unit.

5.7. At least five (5) apartments are to be adaptable apartments. Details must be submitted to either Council or an Accredited Certifier prior to issuing of a Construction Certificate.

Details of these changes must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate.

6. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, fences, windows and doors being in accordance with the photomontage and Schedule of Finishes prepared by Benson Mccormack as received by Council on 11 May 2015. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

7. This condition has been levied on the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury Development Contributions Plan 2013, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The amount of the contribution (as at the date of this consent) has been assessed as $462,946.29. The amount payable is based on the following components:

Contribution Element Contribution • Community Facilities $39,543.01 • Open Space and Recreation $386,535.80 • Plan Administration $11,113.64 • Town Centre Improvements Narwee $25,753.84

Note: The contributions payable will be adjusted, at the time of payment, to reflect Consumer Price Index increases which have taken place since the development application was determined. The contribution is to be paid to Council in full prior to the release of the Construction Certificate, (or for a development not involving building work, the contribution is to be paid to Council in full before the commencement of the activity on the site) in accordance with the requirements of the Contributions Plan.

8. Fifty-six (59) off-street car spaces must be provided. This shall comprise: • 44 residential spaces • 7 residential visitor spaces • 1 car wash bay



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• 1 loading bay • 6 commercial spaces Five (5) residential car parking spaces, one (1) visitor space and one (1) commercial car parking spaces are to be for people with mobility impairment, in accordance with AS 2890.1. The car spaces must be allocated and marked according to this requirement. The carpark layout must respect the above allocation. Details and plans of the car parking arrangement must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate.

9. The applicant shall prepare and submit, as part of the documentation for a Construction Certificate, a Construction Management Plan. This plan shall include the following: (a) details of proposed hours of work and contact details of the site manager; (b) proposed method of access to and egress from the site for construction

vehicles; (c) proposed method of loading and unloading of excavation and construction

machinery and building materials; (d) proposed areas within the site to be used for the storage of excavated materials,

construction materials, waste storage containers and construction vehicles during the construction period;

(e) proposed traffic management measures to ensure safe ingress and egress from the site;

(f) proposed method of support to any excavation adjacent to adjoining properties or the road reserve;

(g) proposed methods to remove loose material from all vehicles and machinery before entering the road reserve and any run-off from the washing of vehicles and associated sediment control measures.

10. All recommendations outlined in the geotechnical investigations submitted to Council on 11 May 2015 (Report No. GS6176-1A), dated 17 April 2015, prepared by Aargus must be undertaken.

11. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

12. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

13. All building construction work must comply with the National Construction Code. 14. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls

being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

15. Provide a Surveyor’s Certificate to the Principal Certifying Authority indicating the finished floor levels and roof to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

16. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition:



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a) relevant BASIX Certificate means: i) a BASIX Certificate that was applicable to the development when this

development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."



19. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

20. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

21. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

22. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

23. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

24. A single entry/exit point must be provided to the site which will be constructed of a minimum of 40mm aggregate of blue metal or recycled concrete. The depth of the entry/exit point must be 150mm. The length will be no less than 15m and the width no less than 3m. Water from the area above the entry/exit point shall be diverted to an approved sediment filter or trap by a bund or drain located above.

25. Erection of a hoarding/fence or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied. Provide details to the Principal Certifying Authority with the Construction Certificate application.

26. Renewal or provision of fencing, attributable to the proposed development being the responsibility of the developer.

27. All development, including walls must be located within the property boundaries of the subject site.

28. The design and location of letterboxes being in accordance with Australia Post’s “Requirements for Delivery of Mail to Residential Premises” published in February 1997, and being shown on the Landscape Plan at Construction Certificate stage.



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29. Prior to the occupation of the development a letterbox is to be provided for the Owners’ Corporation.

30. Prior to the occupation of the development a master antenna connected to the all dwellings on the site is to be provided.

31. All bathroom, en-suite and laundry windows contain translucent glazing. 32. The site is also to be kept illuminated between sunset and sunrise where it is likely to

be dangerous for people using the public place. 33. The development involves works in public domain areas along Wyatt Parade and

along the Penshurst Road frontage of the site. Full cost of the required works will be the responsibility of the developer. The developer must coordinate with City of Canterbury in regard to the works along Wyatt Parade and Penshurst Road.

WASTE 34. The residential section of the development will be allocated 12x 240L rubbish bins

(amount halved due to use of compactor) and 16x 240L recycling bins. These bins will need to be stored in the waste bin storage room. They will be collected from and returned to this room. The bins must not be presented on the road.

35. 2x 240L recycling bins are to be stored on each floor of the building, preferably in the vicinity of the garbage chute.

36. The commercial section of the development will be allocated 2x 240L rubbish bins and 2x 240L recycling bins. These bins are to be stored in the commercial waste bin storage area. They will be collected from and returned to this area by Council’s waste collection contractor. The bins must not be presented on the roadway. Any additional bins that are required to for any excess waste generated by the commercial tenancies which cannot be accommodated by Council bins are to be provided by private contractors. These bins are to also be stored in the commercial waste bin storage area.

37. The waste bin storage areas are to be designed and constructed in accordance with clause 6.9.4.1 and 6.9.4.2 of the CDCP.

38. Unobstructed and unrestricted access must be provided to the waste bin storage area on collection days from 5.00am. The bins must not be presented on the road.

LANDSCAPING REQUIREMENTS 39. Prior to issue of the Construction Certificate, the following construction details must

be submitted to Council including: (a) Standard constructions and details drawings (eg. Sections through mass planting

beds, tree planting and mulching details, paths, steps, planters and retaining walls). Planters are to be designed to support the appropriate soil and plant selection. The recommended minimum soil depths for a range of plant sizes, excluding drainage requirements are: - 100-300mm for turf; - 300-450mm for groundcovers; - 500-600mm for small shrubs; - 600-750mm for medium shrubs; - 750-900mm for small trees with approximate soil area of 3.5m x 3.5m; - 1000mm for medium trees with approximate soil area of 6m x 6m; and - 1300mm depth for large trees with approximate soil area of 10m x 10m.

(b) Maintenance Schedule including: - Replacement strategy for failures in plant materials and built works;



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- Maintenance schedule for watering, weeding and fertilizing during the establishment period;

- A maintenance period of a minimum of 12 months. 40. Amended landscaping drawings must be submitted to Council prior to the issue of the

Construction Certificate which are to include the Green Curtain planting on Level 1 and planting to the planter box on Level 3 as per the Architectural Drawings.

ENGINEERING REQUIREMENTS 41. A stormwater drainage design prepared by a qualified practicing Civil Engineer must

be provided prior to the issue of a Construction Certificate. The submitted design must be amended to make provision for the following: a) The design must be generally in accordance with the plans, specifications and

details received by Council on 11th May 2015; drawing number 14/229 H-DA-00 to H-DA-03 A, prepared by ITM Design Consulting Hydraulic Engineers Pty Ltd.

b) Stormwater runoff from all roof and paved areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together with overflow pipelines from any rainwater tank(s) to the kerb and gutter of Penshurst Road.

c) All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt arrestor pit is to be sized in accordance with Canterbury Councils DCP 2012. Sump depth is to be a minimum of 300mm deep.

d) The basement pump out tank is required to be calculated in accordance with Section 8 ‘Pumped Systems’ of the AS/NZS 3500.3 and Council’s DCP 2012, Part 6.4.

e) The basement pump will require an adequate number of access chambers to allow for maintenance.

f) Basement pump out well system, and details to be shown on plan. g) The rising main from the basement pump out tank must discharge to the OSD. h) The detention Structure must have an overflow away from the site in accordance

with Council DCP 2012 part 6.4. i) The access hatch to the OSD must be completely sealed to prevent overflow into

the basement. j) The calculated orifice diameter must be increased to 75 millimetres. Note – if the

Max Head is altered, the orifice diameter must be recalculated. k) All redundant pipelines within footpath area must be removed and footpath/kerb

reinstated. l) New pipelines within the footpath area that are to discharge to the kerb and

gutter must be hot dipped galvanised steel hollow section with a minimum wall thickness of 4.0mm and a section height of 100mm.

The design must be prepared by a qualified Civil Engineer and be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

42. OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage



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system. The details shall be prepared in accordance with Council’s DCP 2012, Part 6.4.

43. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Part 6.4 of Canterbury Council’s DCP 2012.

44. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system upstream of the silt arrestor pit and in accordance with Canterbury Councils DCP 2012.

45. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

46. If groundwater is encountered, it must not be captured by the drainage system of the basement. In this regard the basement must be tanked to at least 1000 mm above measured groundwater levels.

47. That the stormwater system be constructed in general, in accordance with the plans, specifications and details submitted with the Construction Certificate and as amended by the following conditions.

48. Certification from an accredited engineer must be provided to certify that all works has been carried out in accordance with the approved plan(s), relevant codes and standards.

49. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in Councils DCP 2012, Part 6.4.

50. Prior to the issue of an Occupation Certificate, the Principle Certifying Authority must ensure that Operation and Management Plans has been prepared and implemented for the OSD and basement pump out facilities. The Plan must set out the following at a minimum: a) The proposed maintenance regime, specifying that the system is to be regularly

inspected and checked by qualified practitioners. b) The proposed method of management of the facility, including procedures,

safety protection systems, emergency response plan in the event of mechanical failure, etc.

The Plan must be prepared by a suitably qualified professional and provided to the Principle Certifying Authority prior to the issue of an Occupation Certificate.

51. The Operation and Management Plan for the OSD and basement pump out facilities, approved with the Occupation Certificate, must be implemented and kept in a suitable location on site at all times.



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52. Retaining walls greater than 1000 mm high or retaining more than 600 mm of cut or

fill proposed to be located within one metre of a boundary are to be designed by a Structural Engineer and must have subsoil drainage connected to the site stormwater system. Design plans prepared by an appropriately qualified and practising structural engineer must be provided prior to the issue of a Construction Certificate to the satisfaction of the Principal Certifying Authority. All components of any retaining walls, including subsoil drainage, must be located entirely within the property boundary. The subsoil drainage lines of the retaining walls must be shown on the stormwater drainage concept plan.

53. Prior to the issue of an Occupational Certificate, the Principal Certifying Authority must ensure retaining walls have been constructed in accordance with the design plans. If the retaining walls do not require structural design certification may be provided by the builder. If the retaining walls require structural design certification must be provided by a qualified structural engineer that the retaining walls have been built in accordance with the plans submitted with the Construction Certificate.

54. Details of the proposed street awning, including plans and sections, must be provided to the Principal Certifying Authority. The details must include: a) The street awning(s) must be setback 600mm from the kerb line and have a

height of between 3.2m and 4.2m from natural ground/footpath. b) The awnings must be entirely self-supporting; posts are not permitted. c) The person or company carrying out the works will be required to carry public

liability insurance to a value of ten million dollars. In this regard a Certificate of Currency must be submitted to the Principal Certifying Authority.

d) All stormwater is to be collected and connected to Council’s street gutter. In this regard awning downpipes for drainage are to be fully concealed within or recessed into the ground floor frontage of the building. Awning gutters are to be constructed so that they are not visible from the footpath or are integral to the awning structure.

e) The awning(s) must be approved by the relevant Road Authority pursuant to Section 138 of the Roads Act. Note that this Consent does not give approval to construct an awning in the road.

f) The applicant must indicate the extent of any service adjustments necessary, and submit with the design, proof of approval by the relevant service authorities. The applicant shall bear all responsibility and costs associated with the proposed relocation of services.

g) The awning(s) must be designed by a Structural Engineer for Roof Category R1 in accordance with AS/NZS 1170.1: 2002, AS/NZS 1170.0: 2002, and AS/NZS 1170.3: 2011. The design must incorporate all loads including dead loads, live loads, wind load (lateral, uplift, and downward pressure), and potential impact load.

h) If the awning(s) is to be built over an exit that would be utilised in an emergency it must be constructed of non-combustible material.

i) Lighting is required and must comply with AS/NZS 1158.3.1: 2005 and AS/NZS 1158.0: 2005. Lighting must be recessed into the awning and be integral to its structure with all wiring and conduits concealed.



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j) A maintenance plan must be provided in respect of the awing(s) to address the following issues at a minimum: i. Inspection schedule of structural members, connections, and supports

covering the life of the awing(s). ii. Inspection schedule of non-structural components. iii. Schedule of maintenance actions and maintenance frequency including

cleaning, replacement of lighting based on expected operational life, replacement of protective coatings, and cleaning/maintenance of guttering and downpipes.

The plans and details of the awing(s) must be certified by a Structural Engineer and be provided prior to the issue of a Construction Certificate.

55. The Principal Certifying Authority must ensure that the awing(s) have been constructed in accordance with this Consent and the relevant standards. Prior to the issue of an Occupation Certificate certification must be provided by a Structural Engineer that the awing(s) have been constructed in accordance with the design submitted with the Construction Certificate and National Construction Code.

56. The awning maintenance plan approved with the Construction Certificate must be retained on site and implemented at all times.

57. The submitted Geotechnical Report provides an option that potentially utilises neighbouring properties and the roadway for support. The legal rights of any adjoining properties must be respected including for temporary supports. In this regard the written permission of the affected property owners must be obtained and a copy of the owner’s consent for temporary rock anchors or other material in adjacent lands must be lodged Canterbury City Council prior to the issue of a Construction Certificate. Temporary rock anchors are rock anchors that will be de-stressed and removed during construction. All other rock anchors are permanent rock anchors for the purposes of this Consent. Council will not permit permanent rock anchors in adjacent private lands unless they are specifically permitted in a Development Consent. Where temporary anchors are proposed to be used in Penshurst Road, Wyatt Parade and/or Station Lane an Application must be made to Canterbury City Council for approval under Section 138 of the Roads Act 1993, via a Road Works Permit application. The submission would need to be supported by an engineering report prepared by a suitably qualified Structural Engineer, with supporting details addressing the following issues: a) Demonstrate that any structures within the road reserve are of adequate depth to

ensure no adverse impact on existing or potential future service utilities in the road reserve. All existing services must be shown on a plan and included on cross sectional details where appropriate.

b) Demonstrate how the temporary anchors will be removed and replaced by full support from structures within the subject site by completion of the works.

c) The report must be supported by suitable geotechnical investigations to demonstrate the efficacy of all design assumptions.

58. Where rock anchors or other temporary retaining measures are to encroach on adjoining properties, including the roadway, the Principal Certifying Authority must ensure that the permission of the relevant landowner has been obtained. In this regard



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a copy of the owner’s consent for private property and Section 138 Approval pursuant to the Roads Act for roads must be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

59. The vehicular access and parking facilities shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities". In this regard, the submitted plans must be amended to address the following issues: a) The finished levels within the property must be adjusted to ensure that the levels

at the boundary comply with those issued by Council for the full width of the vehicle crossing. The longitudinal profile must comply with the Ground Clearance requirements of AS/NZS 2890.1-2004.

b) The driveway grades shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities".

c) Minimum headroom of 2200mm must be provided throughout the access and parking facilities. Minimum headroom of 2500mm must be provided above any disabled parking space(s). Note that the headroom must be measured to the lowest projection from the ceiling, such as lighting fixtures, sprinklers, ducts, etc, and at any open garage door.

d) Minimum lines of sight for pedestrian safety must be provided in accordance Figure 3.3 of AS/NZS 2890.1:2004.

e) The Engineer must certify that the access and parking complies with current Australian Standards including AS/NZS 2890.1-2004 Parking Facilities - Off-Street Car Parking, AS 2890.2-2002 Parking Facilities - Off-Street commercial vehicles facilities, AS/NZS 2890.6-2009 Off-street parking for people with disabilities and AS 2890.3-1993 Parking Facilities - Bicycle parking facilities.

The design must be certified by a suitably qualified Civil Engineer with NER registration with the Institution of Engineers Australia and be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

60. A Work Permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s City Works Department for details.

61. A full width light duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5.5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

62. If the vehicle access is to be reconstructed the levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

63. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.



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PUBLIC IMPROVEMENTS 64. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve

made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

65. The proposed Penshurst Road civil works design must be approved by Council’s City Works department prior to commencement. The applicant is to submit a detailed civil works plan to City Works demonstrating how the frontage of the site footpath is going to be connected with existing footpath, kerb and gutter detail, and stormwater pit upgrade. Note – the type of paving must also be in accordance with City Works Department.

66. The reconstruction of the kerb and gutter along all areas of the site fronting Penshurst Road and Station Lane is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

67. The reconstruction of concrete footpath paving and associated works along all areas of the site fronting Penshurst Road and Station Lane Street is required. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

68. The granting of service easements within the properties to the satisfaction of Council or private certifier. Costs associated with preparation and registration of easements to be borne by the developer.

69. The Wyatt Parade upgrade works must be undertaken in accordance the plans. DILAPIDATION & EXCAVATION 70. Any person causing excavation below the level of the base of footings on an adjoining

allotment of land must, at their own expense (L.G. Approvals Reg, Clause 34): (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of land

and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation.

Submit Structural Engineer’s details for all retaining walls to the Principal Certifying Authority and obtain a Construction Certificate before construction of same. The details must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

71. All precautions must be taken to prevent any damage likely to be sustained to adjoining properties. Adjoining owner property rights must be observed at all times. Where damage occurs to adjoining property, all necessary repair or suitable agreement for such repairs are to be undertaken by the applicant in consultation with, and with the consent of, the affected property owner prior to the issue of an Occupation Certificate.

72. The applicant shall prepare a Dilapidation Report/photographic survey prepared by an appropriately qualified consultant for adjoining properties at 153 Penshurst Road, Narwee and 131 Penshurst Road, Narwee detailing the physical condition of the



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property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to the issue of an Occupation Certificate, a certificate from an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining properties is to be submitted to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as practical and prior to occupation of the development. All costs associated in achieving compliance with this condition shall be borne by the person entitled to act on this consent.

DISABILITY ACCESS 73. The development must be constructed to comply with the Commonwealth Disability

(Access to Premises – Buildings) Standard 2010. CONSOLIDATION OF LOTS 74. The site being consolidated into one allotment. The plan of consolidation being

lodged and registered with the Land and Property Information NSW prior to the release of the Occupation Certificate or occupation of the building.

CRIME PREVENTION & COMMUNITY SAFETY 75. The site is to be treated with anti-graffiti paint to deter graffiti offenders targeting the

building and its perimeter. This will preserve the building and increase a sense of maintenance and ownership of the site.

76. All access points to the building (this would include lifts and stairwells) should be restricted to residents only through a security system. Visitors to the residential complex should be provided with access via the intercom.

77. The storage units located in the vicinity of the car spaces be fully enclosed and non-visible. This measure will deter potential offenders from breaking in as they are unable to see what contents (reward) is inside the storage unit.

78. In addition to existing lighting, sensor spot lights be strategically placed in high pedestrian areas to increase natural surveillance and enhance feelings of personal safety.

79. Mirrors are to be strategically erected around the site to assist with blind corners and increase natural surveillance.

SYDNEY WATER REQUIREMENTS 80. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Co-ordinator. For help either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/DevelopingYourLand, Water Servicing Coordinators, or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.

CRITICAL INSPECTIONS 81. The following critical inspections must be carried out:



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Class 2, 3 or 4 Buildings 81.1. at the commencement of the building work, and 81.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within the building, and 81.3. prior to covering any stormwater drainage connections, and 81.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 81.5. at the commencement of the building work, and 81.6. prior to covering any stormwater drainage connections, and 81.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 82. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT 83. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal

Certifying Authority before partial/entire occupation of the development. WE ALSO ADVISE: 84. The allocation of street numbers has been based on the Rural and Urban Addressing

Standard AS/NZS 4819:2011. Future Street Addressing for the proposed Plan of Subdivision within DA-200/2015, is advised as follows: 141 Penshurst Road, Narwee NSW 2209. All sub-property numbering must be unique. Retail Unit numbering is advised as follows: Shop 1, and Shop 2. Residential Unit numbering is advised as follows (the first digit represents the floor level and the next two digits represent the unit number). Level 1: 101, 102, …106; Level 2: 201, 202, …206; Level 3: 301, 302, …306; Level 4: 401, 402, …406; Level 5: 501, 502, …506; Level 6: 601, 602, …606; Level 7: 701, 702, …706, and; Level 8: 801, 802, …806. The applicant is advised to collaborate with Mapping & GIS Services for addressing both the residential and commercial/retail development within DA-200/2015, prior to an occupation certificate being issued. I can be contacted on 9789 9506, or by email: [email protected]

85. This application has been assessed in accordance with the National Construction Code. 86. You should contact Sydney Water prior to carrying out any work to ascertain if

infrastructure works need to be carried out as part of your development.



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87. Where Council is appointed as the Principal Certifying Authority, you will be required to submit Compliance Certificates in respect of the following: • Structural engineering work • Air handling systems • Final fire safety certificate • Glazing • Waterproofing • BASIX completion

88. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

89. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

90. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

91. Compliance with the National Construction Code does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

92. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

93. If you are not satisfied with this determination, you may: 93.1. apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made and determined within 6 months of the date of the receipt of this Notice of Determination.; or

93.2. Appeal to the Land and Environment Court within 6 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.

Documents

Agenda of Independent Hearing and Assessment … Meetings/ non-compliances are discussed in further detail in the body of this report. Despite these non-compliances, the proposal is