ATTACHMENTS - ryde.nsw.gov.au€¦ · AGENDA NO. 12/11 ATTACHMENTS Meeting Date: Tuesday 4 October 2011 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time:

Planning and Environment Committee

AGENDA NO. 12/11

ATTACHMENTS Meeting Date: Tuesday 4 October 2011 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 4.00pm

Item No. Report Title Attachments Page

3 15 Dora Street, Marsfield. Lot 91 DP 36459

A3 Plans – Subject to copyright provisions – CONFIDENTIAL 1

Petition from MARS 6

Land and Environment Court Proceedings No. 1040 of 2010 25

4 162 Shaftsbury Road, Eastwood. Lot 6 DP 4826

A3 Plans – Subject to copyright provisions – CONFIDENTIAL 59

Planning and Environment Committee Meeting No. 12/11 - 4 October 2011 Page 6



















SPARKEHELMORE

Our ref: PVM:RYD 183/7

30 September2010

RECEVED (City of flyd

Rcorth Maqement Srvice

20W

Doc No:

FHe

Mr Chris YoungTeam Leader - Development Assessment TeamCity of RydeLocked Bag 2069North Ryde NSW 1670

Dear Mr Young

15 Dora Street, MarsfieldCouncil ats Zhao & HuLand and Environment Court Proceedings No. 10540 of 2010

Sydney

Level 16321 Kent StreetSydney NSW 2000

P0 Box 01164QVB Post OfficeSydney NSW 1230

p>) +61 2 9373 3555f>> +61 2 9373 3599DX 282 Sydney

wwwsparke.corn.au

1 We refer to our email to Joe Strati on 27 September 2010 and attach the sealedCourt orders.

2 Thank you for your instructions in this matter.

Yours sincerely

Peter a ncowitzSpecial Counsel+61 2 9260 [email protected]

End.

Chris DruryPartner

PVM\ABS\3086541 3\1

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.

Form 43 (version 1)UCPR 36.11

ORDER

Court Land & Environment Court

Class 1

Case number 10540 of 2010

Applicant Yong Lin Zhao & Jing Hu

Respondent City of Ryde Council

Date made org'r" 24 September2010

Date entered )) 21 September 2010WW S&JTh WAJ S

The Court notes that the parties or their representatives have reached agreement at or aftera conciliation conference held pursuant to s 34 of the Land and Environment Court Act 1979,presided over by Commissioner Fakes on 10 September 2010 and 24 September 2010, asto the terms of a decision in the proceedings that would be acceptable to the parties (being adecision that the Court could have made in the proper exercise of its functions) as set out inthe document annexed hereto dated 24 September 2010.

By consent, the Court makes orders in accordance with the document annexed hereto.

NwSOjH.5reided to the Reoi for sealing under UCPR 36.12.]

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2

Name

Legal representative

Legal representative reference

Contact name and telephone

Yong Lin Zhao & Jing Hu, Applicant

Maddocks Lawyers

Level 21, Angel Place

123 PittStreetSydney NSW 2000

Tel: 0282234100

Fax: 02 9221 0872

DX 10284 Sydney Stock Exchange

SXK:MJW:571 6332

Michael Winram 02 9225 6228

D

ur :

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AGREEMENT BETWEEN THE PARTIES

Section 34(3)(a) & (b) of the Land and Environment Court Act 1979

Court Land & Environment Court of New South WalesClass 1


TITLE OF PROCEEDINGS

Applicant Yong Lin Zhao & Jing HuRespondent City of Ryde Council

Filed for

Legal representative

Applicant

Maddocks Lawyers

Level 21, Angel Place

123 Pitt Street, Sydney NSW 2000

Tel: 0282234100

Fax: 02 9221 0872

DX 10284 Sydney Stock ExchangeLegal representative reference SXK: 571 6332

Contact name and telephone Michael Winram 02 9225 6228

I

2.

* 0

ii *' T

NYUtr s

The parties have reached an agreement as to the terms of a decision in the

proceedings that would be acceptable to the parties (being a decision that the Court

could have made in the proper exercise of its functions).

The terms of the decision are as follows:

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(a) The applicants are granted leave to rely on the amended proposal shown in

the drawings listed in condition I of the Conditions of Consent annexed to

this Agreement.

(b) The parties agree that the amendments to the drawings listed in condition 1

are minor and there should be no order as to costs in accordance with

section 97B of the Environmental Planning and Assessment Act 1979.

(c) The appeal is upheld.

(d) Development Application LDA 2009/0721 for alterations and additions to

the existing duplex building & change of use of building to contain two

boarding houses, each containing five bedrooms, at 15 & I 5A Dora Street

Marsfield, being Lot 91 in DP36459, is approved subject to the Conditions

of Consent annexed to this Agreement.

3. Pursuant to section 34(3) (a) & (b) the parties request Commissioner Fakes to

dispose of these proceedings in accordance with the terms of the decision set out in

paragraph 2 above.

Dated: 24 September 2010.

Peter Marincowitz jTA J-

Solicitor for the Respondent

Michael Winr

Solicitor for the Applicant

AND

N' Uu.' i

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CONDITIONS OF CONSENT

Court Land and Environment Court of New South Wales

Class 1


TITI F (IF PP(WFFflIPd(ZS

Applicant Yong Lin Zhao & Jing Hu

Respondent Ryde City Council

Prepared for Ryde City Council, RespondentI)

Legal representative Chnstopher Thomas Drury, Sparke Helmore

Legal representative reference PVM RYD18317-JHW,4LES1

Contact name and telephone Peter Marincowitz, (02) 9260 2626

DRAFT CONDITIONS

General

1. Development is to be carried out in accordance with plan references:

Plans

Drawing No. Rev Title Author Date

YZ0908.02/ E Y&ZDesign 21.09.2010daOlE

YZ0908.02/ E Y&ZDesign 21.09.2010daO2E

YZ0908.02 / E Y & Z Design 21.09.2010daO3E

YZ0908.02 / E Y & Z Design 21.09.2010daO4E

YZ0908.02/ E Y&ZDesign 21.09.2010daO5E

All plans as amended by any other conditions of this consent.

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2. Compliance with the Building Code of Australia

(a) All building work (other than work relating to the temporary building) thustb1carried out in accordance with the requirements of the Building Code ofAustralia (as in force on the date of the application for the relevant constructioncertificate was made)

(b) This clause does not apply to the extent to which an exemption is in forceunder clause 187 or 188, in the Environmental Planning and AssessmentRegulations 2000, subject to any terms of any condition or requirementreferred to in Clause 187(6) or 188(4).

3. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Amendment Act, 1997 are to be compliedwith:

(a) A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.

(b) A Principal Certifying Authority is to be appointed and Council is to be notifiedof the appointment in accordance with Section 81A (2)(b) of the Act and Form7 of Schedule I to the Regulations.

(c) Council is to be notified at least two (2) days prior to the intention to commencebuilding works, in accordance with Section 81A (2)(c) of the Act and Form 7 ofSchedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing of aConstruction Certificate and to Council or an accredited certifier to monitor compliancewith the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtainedfrom Council by telephoning 9952 8222 (Customer Service).

5. Changes in building use

A building in respect of which there is a change of building use must comply with theCategory 1 fire safety provisions applicable to the proposed new use.

NOTE: The obligation under this clause to comply with Category I fire safetyprovisions may require building work to be carried out even though none is proposedor required in the relevant development consent.

(a) This clause does not apply to the extent to which an exemption is in forceunder clause 187 and 188 in the Environmental Planning and AssessmentRegulations 2000.

(b) In this case clause, "Category 1 fire safety provision" has the same meaning asit has in Clause 3 in the Environmental Planning and Assessment Regulations

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2000 subject to any terms of any condition or requirement referred to in Clause187(6) or 188(4).

Accommodation:

6. A boarding room used by a single lodger must have a floor area of at least 12m2.Bedrooms 1, 2, 4 & 5 of each boarding house are to be used by only one (1) lodger.

7. A boarding room used by 2 lodgers must have a floor area of at least I 6m2. Bedroom3 of each boarding house is to be occupied by no more than 2 adult lodgers.

Y'J I8. No boarding room is to be occupied by more than 2 adult lodgers and neither

boarding house is to be occupied by more than 6 lodgers.

Notices:

-9. A schedule showing the numeral designating each bedroom and the number áf'lodgers permitted to be accommodated in each must be conspicuously displayed nearthe entrance of the premises.

The schedule shall also include the name and contact telephone number of the owneror the current person responsible for management of the premises.

10. Each bedroom must be clearly numbered in accordance with the schedule.

Waste Storage and Hand!ing Facilities:

11. All wastes generated on the premises must be stored and disposed of in anenvironmentally acceptable manner.

12. An adequate number of suitable waste containers must be kept on the premises forthe storage of all garbage and recycling wastes generated between collections. In thisregard, provision for at least 60 litres/lodger/week for garbage and 20litres/lodger/week for recycling must be made.

13. Waste storage areas and waste containers must be maintained in a clean and tidycondition at all times

14. Waste containers must be returned to the storage area as soon as possible afterservicing.

Cleaning and Maintenance:

15. The premises and all fixtures, furnishings and equipment must be maintained in aclean, sanitary condition and kept in good repair at all times. All common areas withinthe boarding house, including the common room and bathrooms and their fixtures, areto be cleaned on a weekly basis.

16. Open space areas, including any lawns, gardens, or landscaped areas must bemaintained on a fortnightly basis and kept in a clean and tidy condition at all times.

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Noise Pollution:

17. The use of the premises must not cause the emission of 'offensive noise' as defined inthe Protection of the Environment Operations Act 1997.

18. Unless otherwise provided in this consent, the operation of any plant or equipmentinstalled on the premises must not cause:

(a) The emission of noise that exceeds the background noise level by more than5dBA when measured at, or computed for, the most affected point, on or withinthe boundary of the most affected receiver. Modifying factor corrections mustbe applied for tonal, impulsive, low frequency or intermittent noise inaccordance with the New South Wales Industrial Noise Policy (EPA, 2000).

(b) An internal noise level in any adjoining occupancy that exceeds therecommended design sound levels specified in Australian/New ZealandStandard AS/NZS 2107:2000 Acoustics - Recommended design sound levelsand reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy.

Council may require the submission of a report from an appropriately qualifiedacoustical consultant demonstrating compliance with the relevant noise and vibrationcriteria.

PRIOR TO CONSTRUCTION CERTIFICATE

19. A contribution for the services in Column A and for the amount in Column B shall bemade to Council prior to the issue of the Construction Certificate.

A B

Community & Cultural Facilities $1,580.48

Open Space & Recreation Facilities $3,890.82

Civic & Urban Improvements $1,323.13

Roads & Traffic Management Facilities $180.30

Transport and Accessibility Facilities $ Nil

Cycleways $112 75

Stormwater Management Facilities $357 72

Plan Administration $30.41

The total contribution is $7,475.61

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This contribution is a contribution under the provisions of Section 94 of theEnvironmental Planning and Assessment Act, 1979 as specified in Section 94Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007.

The above amount, if not paid within the quarter that the consent is granted, shall beadjusted for inflation by reference to the Consumer Price Index published by theAustralian Bureau of Statistics (Catalogue No 5206.0) on the basis of the contributionrates that are applicable at time of payment.

20. A security deposit is to be paid to Council (Public Works and Services Group) as wellas the infrastructure inspection fee. Please refer to Council's Management Plan forthe current fee amounts.

21. An Enforcement levy is to be paid to Council on lodgement of the ConstructionCertificate application in accordance with the requirements of Council's ManagementPlan (scheduled fees).

22. Documentary evidence of compliance with Conditions 19 & 20 to the satisfaction ofCouncil or an accredited certifier is to be submitted to the Council prior to the issuingof the Construction Certificate.

23. Waste Management Details - Should you wish to vary the information provided in theWaste Management Plan you submitted to Council with your Development Applicationinvolving demolition and construction works, you are required to give written advice toCouncil of any changes. Council's DCP 2006, Part 7.2 - Waste Minimisation andManagement, sets out your obligations for waste management.

24. A site works plan indicating compliance with Council's DCP 2006, Part 8.1 -Construction Activities, in relation to:

(a) builder's identification signage and demolition in progress signage,

to the satisfaction of Council or an accredited certifier is to be submitted to Councilwith the Construction Certificate.

25. Essential fire services. A "Fire Safety Schedule" specifying the fire safety measuresthat are currently implemented in the building premises and the fire safety measuresproposed or required to be implemented in the building premises as required byClause 168 - Environmental Planning & Assessment Regulation 2000 are to besubmitted and approved prior to the issue of the Construction Certificate.

DURING CONSTRUCTION

26. Signage is to be provided on the site as follows:

(a) During the demolition process notices lettered in accordance with AS1319displaying the words "DANGER - DEMOLITION IN PROGRESS" or a similarmessage shall be fixed to the security fencing at appropriate places to warn thepublic.

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(b) During the entire construction phase signage shall be fixed on site identifyingthe PCA and principal contractor (the coordinator of the building work), andproviding phone numbers.

27. The Principal Certifying Authority is required to ensure that adequate provisions aremade for the following measures at each stage of construction, to ensure compliancewith the approval and City of Ryde's DCP 2006, Part 8.1 - "Construction ActivJe

(a) Tree Preservation and protection measures.

(b) Security fencing.

(c) Materials or waste containers upon the footway or road.

(d) PCA and principal contractor (the coordinator of the building work) sinage andsite toilets.

28, Only unpolluted water is to be discharged to Council's stormwater drainage system.

29. The L10 noise level measured for a period of not less than 15 minutes whiledemolition and construction work is in progress must not exceed the backgroundnoise level by more than 20 dB(A) at the nearest affected residential premises.

30. All demolition and all construction and associated work is to be restricted to betweenthe hours of 7.OOam and 7.OOpm Monday to Friday (other than public holidays) andbetween 8.OOam and 4.OOpm on Saturday. No work is to be carried out on Sunday orpublic holidays.

31. No spoil, stockpiles, building or demolition material is to be placed on any public road,footpath, park or Council owned land.

P RlOR '"''r' ir A IfkI ,'I,-rrir,,' Ai j p'.jr,t i ijr Irs. I iri.t I kZ

32, An Occupation Certificate must be obtained from the Principal Certifying Authority(PCA) and a copy furnished to Council in accordance with Clause 151 of theEnvironmental Planning and Assessment Regulation 2000 prior to commencement ofoccupation or use of the whole or any part of a new building, an altered portion of, oran extension to an existing building.

33. Essential fire services. A Fire Safety Certificate/s from a suitably qualified person/s isto be submitted to Council or an accredited certifier (and Council, if Council is not thePCA or an accredited certifier) for all the essential services installed in the building inaccordance with Clauses 170 and 171 of the Environmental Planning andAssessment Regulation 2000.

34. All works shown on the plans and by the conditions of this consent are to becompleted prior to issue of an occupation certificate.

35. The front door (providing access to the room from within the boarding house) of eachboarding room and the external door to room 2 of No. 1 5A Dora Street is to be of solidconstruction with a key operated and dead-bolt style lock. The sliding doors from room

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4 of No. I 5A Dora Street and rooms 1 and 4 of No. 15 Dora Street to thebalcony/patio are to be fitted with a key operable deadbolt.

36. Signage is to be provided on the front façade adjoining the entrance door to eachboarding house identifying the name and telephone number of the manager of thepremises that can be contactable between 9am and 5pm Monday to Friday andbetween 9am and 4pm on Saturdays, excluding public holidays.

37. Prior to occupation a certificate must be provided to the principal certifying authoritythat states:

(a) the condition of existing fittings and fixtures has been inspected and any•existing faults and defects have been repaired.

(b) all works. have been carried out in a satisfactory workmanlike man..n er.

(c) All fixtures and fittings are fully operable and clean.

(d) all walls and ceilings have been repaired (where necessary) and painted.

(e) any broken tiles have been replaced.

(f) repair of the front patio of No. 15 Dora Street to ensure a level walking surface.

ONGOING USE OF PREMISES

38. No occupation of the premises is to occur without each boarder having a currentresidential lease agreement for a period of at least 3 months. The lease is to include(or have attached) information informing the tenant of the risks of leaving personalproperty in common areas and not securing private rooms while attending commonareas.

39

40

41

42

The common room is not to be used outside the hours of 6am to 12 midnight on anyday.

At no time are balconies or front patios to be used for drying of clothes.

The manager of each boarding house is to keep and maintain an incidents registerwhich is to detail any adverse incidents such as disturbances that occur at thepremises and the response to the incident. The incidents register is to be madeavailable to Council for review upon request. The incidents register is to be reviewedby the manager prior to renewing any leases.

The Boarding House must be operated in accordance with the Plan of Managementattached and marked "A'. The Plan of Management can only be amended with theagreement of Council in writing.

ADVISORY NOTES

Health Inspections: :

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Council officers may carry out periodic inspections of the premises to ensure compliance withrelevant environmental health standards and Council may charge an approved fee for thisservice in accordance with Section 608 of the Local Government Act 1993.

The approved fees are contained in Council's Management Plan and may be viewed ordownloaded at www.ryde.nsw.gov.au.

*END OF CONDITIONS*

['NO

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PLAN OF MANAGEMENTPROPOSED BOARDING HOUSE

15 DORA STREET MARSFIELDOn behalf of

YONG LIN ZHAO & JING HU

PREPARED BY GLEN DINNING MINTO &ASSOCIATES

SEPTEMBER 2010

N ANT

I

UTfrLES/)

NOTE: This document is Copyright. Apart from any fair dealings for the purposes of private study,research, criticism or review, as permitted under the Copyright Act, no part may be reproduced inwhole or in part, without the written permission of Gtendinning Minto a Associates Pty Ltd, Suite 14,265-271 Pennant Hilts Road, Thornteigh, NSW 2120.


PLAN OF MANAGEMENT

Boarding House

15 DORA STREET MARSFIELD

Prepared under instructions from

YONG UN ZHAO & JING HU

Gendinning Minto & Associates Pty Ltd ABN 68 091 465 271Planning & Development Control Consultants

14/265-271 Pennant Hills RoadThornleigh NSW 2120

Tel: (02) 9875 4788Email: planning®glendinningminto.com.au


G(endinning Minto & Associates Pty Ltd

TABLE OF CONTENTS

1. INTRODUCTION 4

2. DEFINITIONS 5

3. DUTIES OF THE OFF-SITE MANAGER 5

4. MAXIMUM NUMBER OF LODGERS 6

5. M1NIMISING IMPACTS ON RESIDENTS 6

6. DISPLAY OF HOUSE RULES 6

7. FIRE SAFETY 7

8. CLEANING a MAINTENANCE 7

9. TENANT INFORMATION 7

10. BOARDING HOUSE FURNITURE a FACILITIES 8

11. WASTE MANAGEMENT a RECYCLING 9

12. SAFETY a SECURITY 9

ANNEXURE 'A'

CONDITIONS OF CONSENT DA 2009/0721

3

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j

Glendinning Minto Et Associates Pty Ltd

1. INTRODUCTION

1.1 This Plan of Management provides directions and controls on the use andmanagement of the premise as a Boarding House. The directions andcontrols are to be strictly adhered to in the operation of the Board House, toensure compliance with the conditions of Development Consent and healthand amenity requirements for both the occupants and surrounding residents.

1 .2 The Plan of Management refers to the plans prepared by Y & Z Design,Amendment D, dated September 2010 and Development Application No.2009/0721

1.3 The Plan of Management has been prepared for a Boarding Housing atpremises 15 Dora Street Marsfield. The Boarding House was approved on 24September 2010 and is subject to compliance with the Conditions of Consent.The Conditions of Consent and a copy of the approved plans are provided asAnnexure A.

1.4 The Boarding House is to be managed by an off-site manager who will befamiliar with the content of the Plan of Management.

1.5 The Plan of Management sets out the various requirements andresponsibilities of management and lodgers and includes:

(a) Manger's details(b) Council approval compliance(c) Inspection and recording records(d) Maintenance of an Incidents Register(e) Keeping Council informed of any change in management

1 .6 The location of the premises is shown on Figure 1 - Location Plan.

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Glendinning Minto & Associates Pty Ltd

2. DEFINITIONS

2.1 In this Plan of Management

(a) Building: means the building known as 15 Dora Street Marsfield.

(b) Business: means the operation of the building as a Boarding House

(C) Common Room: means the room identified as the dining room on theapproved plans.

(d) Common Areas: means the common room, kitchen,laundry/bathroom, downstairs WC, first floor bathroom opposite thestirs, hallways and the stairs as identified on the approved plans.

(e) Common Open Space Area: means the external communal areaincluding the front yard, side yard, rear yard, including alt groundfloor patios and porches as identified on the approved plans.

(f) Council: means Ryde City Council.

(g) Lodger: means a person having the benefit of a ResidentiaL Lease touse a nominated bedroom and the common rooms /areas within thebuilding.

(h) Off-Site Manager: means the Off-Site Manager engaged by thebusiness proprietor.

(i) Owner: means the registered proprietor/s of the building.

(j) Room: means that part of the building occupied and used by a lodger.

3. DUTIES OF THE OFF-SITE MANAGER

31 The proprietor shall engage an Off-Site Manager whose responsibilities are,but not limited to, the following:

(a) The Manager shall be contactable between the hours of 8.00 am to 6pm Monday to Saturday inclusive.

(b) Overseeing all residential concerns.

(c) Enforcing the minimum occupancy period.

(d) Organising the cleaning and maintenance of the common areas andcommon open space areas.

(e) Enforcing the maximum occupancy levels.

(f) Providing lodgers with appropriate information prior to thecommencement of occupation.

5 /4



(g) Carrying out inspections on a regular basis (minimum once every 3months) to ensure that the building is maintained in a clean and tidycondition at all times and that all facilities and fittings areappropriately maintained.

(h) Record all inspections in a log book which must be made available toCouncil upon request.

(i) Organizing bins to be placed out for collection in the evening beforethe Council garbage collection service is provided and after collection,the bins being returned to the garbage bins storage area and cleaned ifnecessary.

(j) Maintenance of incident register, and

(k) Notify the Council in writing of any change in the management andprovide contact details for the new management.

4. MAXIMUM NUMBER OF LODGERS

4.1 The maximum number of lodgers in the building is six (6). The maximumnumber of persons per bedroom is as follows:

o Bedroomone(1) one(1)• Bedroom two (2) one (1)o Bedroom three (3) two (2)o Bedroom four (4) one (1)• Bedroom five(5) one(l)

It is the manager's responsibility to ensure that these numbers are not exceeded.

5. MINIMISING IMPACTS ON RESIDENTS

So as to minimise impacts upon the residents of adjoining premises as well asresidents of the facility the following rules are to apply:

a. No loud music or television noise is permitted after 1O.OOpm.b. No parties or gatherings are permitted upon the premises after 1O.OOpm.c. No visitors other than residents of the property are permitted after

1 O.OOpm.d. No use of the outdoor areas is permitted after 1O.OOpm.

6. DISPLAY OF HOUSE RULES

The house rules are to be clearly displayed throughout the premises and are todetail the following:

a. Guest behaviourb. Rules regarding noise, visitors and partiesc. Operating hours of outdoor common areasd. Emergency contact detailse. Advice concerning the responsible consumption of alcohol, and

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f. A zero tolerance policy on illegal drugs.

7. FIRE SAFETY

All fire safety features within the building are to be regularly maintained inaccordance with any statutory requirements.

A copy of the annual fire safety statement and current fire safety schedule for thepremises must be prominently displayed in the reception area.

A floor plan must be permanently fixed to the inside of the door of each sleepingroom to indicate the available emergency egress routes from the respectivesleeping room.

All staff shall be trained in relation to the operation of the approved EmergencyManagement 8 Evacuation Plan.

8. CLEANING MAINTENANCE

The subject premises are at all times to be maintained in a safe and healthycondition. In this regard alt common areas are to be cleaned and maintained on aminimum of a weekly basis. The cleaning and maintenance is to occur to both thearea and fixtures and fittings in the area.

In addition tenants are to be made aware upon their entering into an agreement tooccupy of their responsibilities in relation to the maintenance and cleaning of thefacility. They are also to be made aware of the fire safety features of the buildingand what to do in the event of an emergency.

Further, the common open space areas are to be maintained in a neat and orderlymanner. This will require twice/month mowing and garden maintenance duringspring and summer and once/month mowing and garden maintenance duringautumn and winter.

9. TENNANT INFORMATION

An information brochure is to be prepared and provided to each tenant prior toacceptance. The brochure shall include but is not limited to, the followinginformation.

Maximum occupancy of their boarding room.

II. Expected behaviour and need to ensure appropriate amenity ismaintained for other boarders and neighbours.

III. Emergency contact details, including for manager

IV. Confirming that the common room is not to be used prior to 6am orafter midnight on any day.

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V. Identifying that the bicycle parking and motorcycle parking spaces areto be available on the basis of first come first use.

VI. Identifying that an incidents register is to be kept by the manager andwill be referred to prior to renewing any lease.

VII. Identifying that it is the responsibility of the boarder to sort garbageand place it in the specified garbage or recycle bin.

VIII. Identifying that at no time are balconies or porches to be used fordrying clothing.

IX. Common areas and common open space areas are to be Left in a cleanand tidy condition after use.

X. The use of illicit drugs is prohibited on the premises.

10. BOARDING HOUSE FURNITURE & FACILITIES

1. Each boarding room shall be provided with:

(a) One (1) single bed, mattress and bedding

(b) One student desk & chair

(c) One desk lamp

(d) Clothes storage facility of 1 .0m3

(e) Window furnishing/blind

(f) A phone line which the lodger may activate

2. The kitchen is to be provided with a sink, one stove (or an over andcook top) and two large refrigerators/freezer.

3. The laundry is to be provided with one washing machine.

4. The common room is to be provided with a dining table and 6 chairs

5. A broom, bucket and mop are to be kept in the common room for useby lodgers as necessary

6. The entrance door, sliding doors from boarding rooms to patios orporches and each boarding room should be fitted with a classroomlatch (dead bolt) which is able to be opened from the inside by asingle handle motion,

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11. WASTE MANAGEMENT 8: RECYCLING

Residents of the facility are to be encouraged where possible to take advantage ofCouncil's waste and recycling facilities. In this regard all waste should be separatedand disposed of in the appropriate receptacles.

The manager is to be responsible for making sure that the waste containers areplaced adjacent to the kerb on the day of collection and removed back onto theproperty promptly after collection.

12. SAFETY 8: SECURITY

The following matters are to be provided within the property.

• Internal signage indicating the property caretaker or manager and contactnumbers,

o Emergency contact numbers for essential services such as fire, ambulance,police and utilities such as gas, electricity, plumbing and the like.

o Perimeter lighting• Individual room keys (a master key is to be maintained by the manager and

made available to the fire brigade).• A landline telephone is to be available for emergency use.

,ii

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PLAN OF MANAGEMENTPROPOSED BOARDING HOUSE

I 5A DORA STREET MARSFIELDOn behalf of

YONG LIN ZHAO JING HU

PREPARED BY GLENDINNING MINTO &ASSOCIATES

SEPTEMBER 2010

NOTE: This document is Copyright. Apart from any fair dealings for the purposes of private study,research, criticism or review, as permitted under the Copyright Act, no part may be reproduced inwhole or in part, without the written permission of Glendinning Minto a Associates Pty Ltd, Suite 14,265271 Pennant Hills Road, Thornleigh, NSW 2120.


PLAN OF MANAGEMENT

Boarding House

I 5A DORA STREET MARSFIELD

Prepared under instructions from

YONG LIN ZHAO & JING HU

Glendinning Minto Et Associates Pty Ltd ABN 68 091 465 271Planning & Development Control Consultants

14/265-271 Pennant Hills RoadThornleigh NSW 2120

Tel: (02) 9875 4788Email: [email protected]



TABLE OF CONTENTS

1. INTRODUCTION 4

2. DEFINITIONS 5

3. DUTIES OF THE OFF-SITE MANAGER 5

4. MAXIMUM NUMBER OF LODGERS 6

5. MINIMISING IMPACTS ON RESiDENTS 6

6. DISPLAY OF HOUSE RULES 6

7. FIRE SAFETY 7

8. CLEANING & MAINTENANCE 7

9. TENANT INFORMATION 7

10. BOARDING HOUSE FURNITURE & FACILITIES 8

II. WASTE MANAGEMENT & RECYCLING 9

12. SAFETY & SECURITY 9

ANNEXURE 'A'

CONDITIONS OF CONSENT DA 2009/0721

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1. INTRODUCTION

1 .1 This Plan of Management provides directions and controls on the use andmanagement of the premise as a Boarding House. The directions andcontrols are to be strictly adhered to in the operation of the Board House, toensure compliance with the conditions of Development Consent and healthand amenity requirements for both the occupants and surrounding residents.

1 .2 The Plan of Management refers to the plans prepared by Y Z Design,Amendment D, dated September 2010 and Development Application No.2009/072 1

1.3 The Plan of Management has been prepared for a Boarding Housing atpremises 1 5A Dora Street Marsfield. The Boarding House was approved on 24September 2010 and is subject to compliance with the Conditions of Consent.The Conditions of Consent and a copy of the approved plans are provided asAnnexure A.

1 .4 The Boarding House is to be managed by an off-site manager who will befamiliar with the content of the Plan of Management.

1.5 The Plan of Management sets out the various requirements andresponsibilities of management and lodgers and includes:

(a) Manger's details(b) Council approval compliance(c) Inspection and recording records(d) Maintenance of an Incidents Register(e) Keeping Council informed of any change in management

1.6 The location of the premises is shown on Figure 1 - Location Plan.

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Location Map - Aerial View



2. DEFINITIONS

2.1 In this Plan of Management

(a) Building: means the building known as 15A Dora Street Marsfietd.

(b) Business: means the operation of the building as a Boarding House

(C) Common Room: means the room identified as the dining room on theapproved plans.

(d) Common Areas: means the common room, kitchen,laundry/bathroom, downstairs WC, first floor bathroom opposite thestirs, hallways and the stairs as identified on the approved plans.

(e) Common Open Space Area: means the external communal areaincluding the front yard, side yard, rear yard, including all groundfloor patios and porches as identified on the approved plans.

(f) Council: means Ryde City Council.

(g) Lodger: means a person having the benefit of a Residential Lease touse a nominated bedroom and the common rooms /areas within thebuilding.

(h) Off-Site Manager: means the Off-Site Manager engaged by thebusiness proprietor.

(i) Owner: means the registered proprietor/s of the building.

(j) Room: means that part of the building occupied and used by a lodger.

3. DUTIES OF THE OFF-SITE MANAGER

3.1 The proprietor shall engage an Off-Site Manager whose responsibilities are,but not limited to, the following:

(a) The Manager shall be contactabte between the hours of 8.00 am to 6pm Monday to Saturday inclusive.



(d) Organising the cleaning and maintenance of the common areas andcommon open space areas.



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(g) Carrying out inspections on a regular basis (minimum - once every 3months) to ensure that the building is maintained in a clean and tidycondition at all times and that all facilities and fittings areappropriately maintained.

(h) Record all inspections in a log book which must be made available toCouncil upon request.

(i) Organizing bins to be placed out for collection in the evening beforethe Council garbage collection service is provided and after collection,the bins being returned to the garbage bins storage area and cleaned ifnecessary.



4. MAXIMUM NUMBER OF LODGERS

4.1 The maximum number of lodgers in the building is six (6). The maximumnumber of persons per bedroom is as follows:

e Bedroom one(1) one(1)• Bedroom two (2) one (1)• Bedroom three (3) two (2)o Bedroom four(4) one(1)• Bedroomfive(5) one(1)

It is the manager's responsibility to ensure that these numbers are not exceeded.

5. MINIMISING IMPACTS ON RESIDENTS

So as to minimise impacts upon the residents of adjoining premises as well asresidents of the facility the following rules are to apply:

a. No loud music or television noise is permitted after 10.OOpm.b. No parties or gatherings are permitted upon the premises after 1O.OOpm.c. No visitors other than residents of the property are permitted after

10.OOpm.d. No use of the outdoor areas is permitted after 1O.OOpm.

6. DISPLAY OF HOUSE RULES

The house rules are to be clearly displayed throughout the premises and are todetail the following:

a. Guest behaviourb. Rules regarding noise, visitors and partiesc. Operating hours of outdoor common areasd. Emergency contact details

Advice concerning the responsible consumption of alcohol, and

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GlendinningMinto & Associates Pty Ltd

f. A zero tolerance policy on illegal drugs.

7. FIRE SAFETY

All fire safety features within the building are to be regularly maintained inaccordance with any statutory requirements.

A copy of the annual fire safety statement and current fire safety schedule for thepremises must be prominently displayed in the reception area.

A floor plan must be permanently fixed to the inside of the door of each sleepingroom to indicate the available emergency egress routes from the respectivesteeping room.

All staff shall be trained in relation to the operation of the approved EmergencyManagement & Evacuation Plan.

8. CLEANING & MAINTENANCE

The subject premises are at all times to be maintained in a safe and healthycondition. In this regard all common areas are to be cleaned and maintained on aminimum of a weekly basis. The cleaning and maintenance is to occur to both thearea and fixtures and fittings in the area.

In addition tenants are to be made aware upon their entering into an agreement tooccupy of their responsibilities in relation to the maintenance and cleaning of thefacility. They are also to be made aware of the fire safety features of the buildingand what to do in the event of an emergency.

Further, the common open space areas are to be maintained in a neat and orderlymanner. This wilt require twice/month mowing and garden maintenance duringspring and summer and once/month mowing and garden maintenance duringautumn and winter.

9. TENNANT INFORMATION

An information brochure is to be prepared and provided to each tenant prior toacceptance. The brochure shall include but is not limited to, the followinginformation.

I. Maximum occupancy of their boarding room.

II. Expected behaviour and need to ensure appropriate amenity ismaintained for other boarders and neighbours.

III. Emergency contact details, including for manager

IV. Confirming that the common room is not to be used prior to 6am orafter midnight on any day

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Gleridinning Minto & Associates Pty Ltd

V. Identifying that the bicycle parking and motorcycle parking spaces areto be available on the basis of first come first use.

VI. Identifying that an incidents register is to be kept by the manager andwill be referred to prior to renewing any lease.

VII. Identifying that it is the responsibility of the boarder to sort garbageand place it in the specified garbage or recycle bin.

VIII. Identifying that at no time are balconies or porches to be used fordrying clothing.

IX. Common areas and common open space areas are to be left in a cleanand tidy condition after use.

X. The use of illicit drugs is prohibited on the premises.

10. BOARDING HOUSE FURNITURE a FACILITIES

1. Each boarding room shalt be provided with:

(a) One (1) single bed, mattress and bedding

(b) One student desk & chair

(C) One desk tamp

(d) Clothes storage facility of 1 .0m3

(e) Window furnishing/blind

(f) A phone line which the lodger may activate

2. The kitchen is to be provided with a sink, one stove (or an over andcook top) and two large refrigerators/freezer.

3. The laundry is to be provided with one washing machine.

4. The common room is to be provided with a dining table and 6 chairs

5. A broom, bucket and mop are to be kept in the common room for useby lodgers as necessary

6. The entrance door, sliding doors from boarding rooms to patios orporches and each boarding room and the external door to bedroom 2should be fitted with a classroom latch (dead bolt) which is able to beopened from the inside by a single handle motion. -

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11. WASTE MANAGEMENT a RECYCLING

Residents of the facility are to be encouraged where possible to take advantage ofCouncil's waste and recycling facilities. In this regard all waste should be separatedand disposed of in the appropriate receptacles.

The manager is to be responsible for making sure that the waste containers areplaced adjacent to the kerb on the day of collection and removed back onto theproperty promptly after collection.

12. SAFETY a SECURITY

The following matters are to be provided within the property.

• Internal signage indicating the property caretaker or manager and contactnumbers,

o Emergency contact numbers for essential services such as fire, ambulance,police and utilities such as gas, electricity, plumbing and the like.

• Perimeter lighting• Individual room keys (a master key is to be maintained by the manager and

made available to the fire brigade).• A tandline telephone is to be available for emergency use.

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TENNANT INFORMATIONBOARDINGHOUSE -15 DORA STREET MARSFIELD

Introduction:This information is provided to you as a guide as to what is expected of you as atenant and what matters are required to be attended by the Off-Site Manager to ensurethat the health, comfort and amenity of each lodger is maintained and that the amenityof surrounding residential properties are not disturbed by the use of the premises as aBoarding House.

Manager:The Manager of the Boarding House is Mr Quan Chen Zhao (George)The Manager is contactable during the hours of 8 am and 6 pm Monday to Saturdayinclusive. Contact numbers are 9212 1787 or 0433 935389. Alternatively, pleasecontact Yong Lin Zhao (Richard) on 0425 368 961.

The Manager should be contacted:

• In the event that any of the essential services of the building breakdown orneed repair

• Should any dispute or concern arise between tenants• Should any issue arise thatneeds intervention

The responsibilities of the Manager are set out in the Plan of Management and are setout below for your convenience.

The Off-Site Manager's responsibilities are, but not limited to, the following:

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(a) The Manager shall be contactable between the hours of 8.00 am to 6pm Monday to Saturday inclusive.



(d) Organising the cleaning and maintenance of the common areas.



(g) Carrying out inspections on a regular basis (minimum - once every 3months) to ensure that the building is maintained in a clean and tidycondition at all times and that all facilities and fittings are appropriatelymaintained.

(h)

(i)

Record all inspections in a log book which must be made available toCouncil upon request.

Organizing bins to be placed out for collection in the evening beforethe Council garbage collection service is provided and after collection,

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the bins being returned to the garbage bins storage area and cleaned ifnecessary.



Occupancy:The maximum occupancy of each bedroom within the house is as follows:

o Bedroom one(l)- one(l)o Bedroom two (2) - one (1)o Bedroom three (3) - two (2)• Bedroom four (4) - one (1)• Bedroomfive(5)- one(l)

Display Good Manners:

• Each tenant is expected to ensure appropriate manners and courtesy isdisplayed

o Any dirty or untidy conditions created during the use of common areas such askitchen, dining room, laundry or bathrooms is to be cleaned using the facilitiesprovided.

a All waste and recyclables should be placed in the waste storage bins provided

No dangerous or inflammable goods shall be stored on the premises

o The use of illicit drugs is prohibited and if used, can lead to instantcancellation of the Tenancy Agreement.

Emergency Contact Details:• Police - 000• Fire-000• Ambulance - 000• Council (After Hours) 9952 8222

Use of common room and outdoor open space:

a The common room not to be used prior to 6 am or after 12 midnight on anyday.

a These areas are to be kept in a clean and tidy state at all timeso Fully maintained First Aid Kit to be kept in the storage cabinet in the common

rooma The common areas (including fixtures) will be cleaned by management on a

weekly basis.a The outdoor common areas will be cleaned by management on a fortnightly

basis.

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Bicycle Parking & Motor Cycle Parking:Bicycle parking with security parking rails and motor cycle parking is available on afirst come first use basis.

Balconies/Porches:Are not to be used for clothes drying

Overnight Visitors:No overnight visitors are permitted

Noise:The following rules apply:

o No loud music or television noise is permitted after 10pm.• No parties or gatherings are permitted upon the premises after 10pm.o No visitors other than residents of the property are permitted after 10pm.• No use of the outdoor areas is permitted after 10pm.

Incident Register:An Incident Register is kept on the premises by the Manager and any incident will beresolved and referred to prior to resigning any lease.

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Documents

ATTACHMENTS - ryde.nsw.gov.au€¦ · AGENDA NO. 12/11 ATTACHMENTS Meeting Date: Tuesday 4 October 2011 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: