Committee of the Whole - City of Ryde · 2016. 1. 22. · Committee of the Whole Page 5 Agenda of the Committee of the Whole Meeting No. 01/09, dated 3 February 2009. ITEM 2 (continued)

Committee of the Whole

AGENDA NO. 01/09

Meeting Date: Tuesday, 3 February 2009 Location: Committee Room No. 2, Fifth Floor,

Civic Centre, 1 Devlin Street, Ryde Time: 7.30pm

NOTICE OF BUSINESS Item Page

1 CONFIRMATION OF MINUTES ...................................................................... 1

2 MACQUARIE SHOPPING CENTRE, 197-223 HERRING ROAD, MACQUARIE PARK. LOT: 5 DP: 1047085. - Local Development Application for alterations & additions to the Macquarie Shopping Centre, including the demolition of buildings on No. 55 - 61 Talavera Road and the construction of a new shopping centre extension with associated car parking, roadworks and landscaping. LDA 1016/2007.............................................. 2

INTERVIEW

3 EASTWOOD SHOPPING CENTRE DEVELOPMENT APPLICATION – LDA 2007/936 – Supplementary Report ............................................................ 117

4 PUBLIC –PRIVATE PARTNERSHIP (PPP) – Bevillesta Pty Ltd and Council of the City of Ryde-Redevelopment of Top Ryde Shopping Centre-Documentation ........................................................................................... 172

5 ADVISORY COMMITTEE – REQUEST TO REVIEW COMMUNITY REPRESENTATIVE NOMINATIONS TO ACCESS COMMITTEE .............. 197

6 ROUNDABOUT CONSTRUCTION PROGRAM 2008/2009 - Update ......... 200

7 EASTWOOD STORMWATER QUALITY IMPROVEMENT DEVICE – Status Report.......................................................................................................... 217

8 TENDER NO. COR-RFT-16/08 - Supply & Installation of a Stormwater Harvesting System at Ryde Park............................................................... 222

9 TENDER No. COR-RFT-18/08 - Excavation and Cable Preparatory Works – Eastwood Town Centre - Stage 1 - (Railway Parade between Ethel Street and Rowe Street) ........................................................................................ 227

10 MANAGEMENT PLAN IMPLEMENTATION – 1 October – 31 December 2008 File No. COR2008/758................................................................................. 231

Committee of the Whole Page 1

Agenda of the Committee of the Whole Meeting No. 01/09, dated 3 February 2009.

1 CONFIRMATION OF MINUTES RECOMMENDATION: That the minutes of the meeting of the Committee of the Whole No. 17/08 held on 2 December 2008, be confirmed.



2 MACQUARIE SHOPPING CENTRE, 197-223 HERRING ROAD, MACQUARIE PARK. LOT: 5 DP: 1047085. - Local Development Application for alterations & additions to the Macquarie Shopping Centre, including the demolition of buildings on No. 55 - 61 Talavera Road and the construction of a new shopping centre extension with associated car parking, roadworks and landscaping. LDA 1016/2007.

INTERVIEW Report prepared by: Consultant Town Planner & Manager Assessment Report approved by: Group Manager Environment & Planning Report dated: 15 January 2009 File No. LDA07/1016

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: AMP Capital Investors (Westfield Holding Capital) Owner: AMP Capital. Date lodged: 21 December 2007 .

This report considers a proposal to demolish two double storey buildings which are currently used for office/warehousing purposes (unrelated to the shopping centre) and construct a new extension of the existing shopping centre to accommodate a mix of department stores, specialty stores, a supermarket and associated car parking and loading docks. The development also includes the construction of a new roadway along the eastern and southern sides of the extension to form part of the road network prescribed within DCP 2006 and landscape works along the frontage of Talavera Road. The development forms Stage 1 of a three stage redevelopment of the entire shopping centre. The assessment of the proposal has found it to be compliant with all legislative requirements found under the EP&A Act, 1979, relevant State Environmental Planning Policies, the RPSO and Council’s DCP 2006 with a minor exception to building height. This non-compliance is, and remains, an existing situation which is not exacerbated by the development as the additional storey is being contained within the existing building envelope and has been satisfactorily addressed through an objection made under SEPP No.1.



ITEM 2 (continued) Concerns were identified with regards to traffic/pedestrian safety conflicts on Talavera Road and Waterloo Road. These concerns have been addressed by conditions of consent which propose design and operational solutions which include the signalisation of the Talavera Road/new east road intersection and the creation of a new slip-lane on Waterloo Road. Conditions imposed under deferred commencement require the developer to submit plans to Council’s Traffic and Development Engineer to ensure that these concerns have been adequately addressed. It is considered critical in facilitating the Council’s long-term strategic vision and management of the road network within the Macquarie Park Corridor that the new eastern and southern roadways, as proposed in this application, are dedicated to the City and a condition has been imposed in this regard. Advertising and notification of the development attracted four (4) submissions (one in favour of the proposal). The submissions objecting to the proposal have been considered and addressed in this report. Reason for Referral to Committee of the Whole: Nature of the development. Public Submissions: Four (4) submissions were received, three (3) of which objected

to the development. 2. Site (Refer to attached map.)

Address : No. 197 – 223 Herring Road and 55 – 61 Talavera Road, Macquarie Park (being Lot 100 in DP 612281, No. 55 – 61 Talavera Road and Lot 5 in DP 1047085, No. 197 Herring Road, Macquarie Park.

Site Area :Existing shopping centre – 93,935m² :Subject site – 18,179m² :Total - 112,112m² Topography and Vegetation :The site accommodates a mature garden area along the Talavera Road frontage only. Existing Buildings :The site includes part of the existing shopping centre (to be modified) and Lot 100 Talavera Road which includes two c1961 double storey buildings accommodating office and warehouse uses.



ITEM 2 (continued)

Planning Controls Zoning :Business Special 3(h) Other :Environmental Planning & Assessment Act, 1979; SEPP No. 1 SEPP No. 11 SEPP No. 55 SEPP No. 63 Draft SEPP No. 66 RPSO Draft LEP 2008 DCP 2006

3. Councillor Representations: No 4. Political Donations and/or Gifts: No 5. Proposal This application seeks consent for the development of Stage 1 of the Macquarie Park Shopping Centre which generally consists of the following: • Demolition of all existing structures on Lot 100 (55 - 61 Talavera Road), including

the two older style commercial buildings, car parking areas and egress/ingress arrangements on Talavera Road;

• Construction of a five level development, comprising a department store

(14,664m²), one new supermarket (3,861m²), specialty shops (16,396m²) and associated car parking; and

• Construction and dedication by stratum of a new roadway along the eastern and

southern sides of Lot 100 (referred to in this report as the ‘new east’ and ‘new south’ road) in accordance with Part 4.5 of DCP 2006 (see Section 1 – General: Condition No. 25).

The plan below shows the location of the new east and new south road (marked in yellow).



ITEM 2 (continued)

Specifically, the development consists of the following works: Level Works Proposed 0 • Demolition of northern pedestrian ramp. 1 (RL 42.00) • Demolition of north-western pedestrian ramp.

• Demolition of south-western pedestrian ramp. • Demolition of eastern internal vehicle ramp. • Removal of 16 car spaces along eastern wall. • Removal of 5 car spaces. • Replacement of 17 car spaces with 10 car spaces for

disabled customers. • Construction of a new 370 space car park on Lot 100

Talavera Road with associated internal vehicle ramps and linkages to existing car park.

• Installation of new roadway and retaining walls along the southern side of Lot 100 Talavera Road from Talavera Road (connects with new eastern roadway at Level 3).

• Installation of a new loading dock at the southern side of Lot 100 Talavera Road to be accessed from new eastern/southern roadway.

• Construction of new glazed façade (including café/terraced entry) to Waterloo Road.

• Realignment of various vehicle access/egress points at southern central roadway from Waterloo Road.

• Installation of new north-western pedestrian ramp, walkway and 2 lifts.



ITEM 2 (continued) Level Works Proposed 1A (RL 44.750) • Demolition of north-western pedestrian ramps.

• Demolition of south-western pedestrian ramp. • Demolition of internal vehicle ramps. • Demolition of southern external access stairs. • Removal of 17 car parking spaces. • Installation of new north-western pedestrian ramp and 2

lifts. • Replacement of 16 car spaces with 16 car spaces for

disabled customers. • Construction of a new 350 space car park on Lot 100

Talavera Road with associated internal vehicle ramps and linkages (including designated staff bicycle parking, shower and change room facilities) to existing car park.

• Construction of new enclosed (glazed) pedestrian bridge over central roadway to accommodate a kiosk, escalators and a café.

• Installation of a new pedestrian walkway along the south-western side of the existing car park abutting Waterloo Road to access new bridge with new façade/entry.

• Installation of new two-way vehicle entry/exit into car park from Talavera Road (located centrally within the development).

2 (RL 47.500) • Demolition of north-western pedestrian ramps. • Demolition of central vehicle ramps. • Removal of 73 car parking spaces. • Installation of new north-western pedestrian ramp and 2

lifts. • Demolition of 2 existing shops at the eastern side of the

centre. • Construction of a new shopping level on Lot 100 Talavera

Road to accommodate a department store, mini-major, 40 specialty stores, a fashion court, galleria and storage/amenities.

• Construction of a new 210 space car park on Lot 12 (existing centre) with associated internal vehicle ramps and linkages to existing car park below.

• Installation of new northern pedestrian entry points from new car park into new shopping galleria.

• Construction of new enclosed (glazed) bridge void over central roadway to accommodate escalators between the pedestrian bridges above and below.

• Construction of a new loading dock on Lot 100 Talavera Road to service the new department store.



ITEM 2 (continued) Level Works Proposed 2A (RL 50.250) • Demolition of north-western pedestrian ramps.

• Demolition of northern and eastern vehicle ramps. • Demolition of central parking slab. • Construction of a void over new shopping level on Lot 100

Talavera Road. • Construction of new enclosed (glazed) pedestrian bridge

over the central roadway to accommodate 2 specialty stores, a kiosk and escalators.

• Construction of a new loading dock over the central roadway nearest to the Waterloo Road frontage to service new supermarket above.

• Reconfiguration of existing car park to accommodate truck manoeuvring area.

• Reconfiguration of northern & southern internal car park. • Realignment of existing parcel pick-up.

3 (RL 53.000) • Demolition of north-western pedestrian ramp. • Demolition of northern and eastern vehicle ramps. • Demolition of existing shops on Lot 5. • Construction of a new shopping level on Lot 100 Talavera

Road to accommodate a department store, 16 specialty stores, a fashion court, galleria and storage/amenities.

• Construction of a new outdoor terrace facing Talavera Road above the new loading dock.

• Installation of new signalized roadway and retaining walls along the eastern side of Lot 100 Talavera Road from Talavera Road (connects with new southern roadway at Level 1).

• Installation of vehicle access ramps from northern part of the new roadway to the Level 4 roof-top car park above.

• Construction of a new supermarket, 2 mini-majors, 29 specialty stores, a food court, pedestrian walkways and storage/amenities over the eastern part of Lot 5.

• Landscape works along the Talavera Road frontage. 3A/4 (RL 55.800) • Demolition of north-western pedestrian ramp.

• Demolition of central vehicle ramp. • Demolition of eastern edge of slab to car park. • Demolition of canopy located partly over central roadway. • Construction of a new 200 space car parking slab within

existing car park on Lot 5 adjacent to Talavera Road. • Construction of new vehicle access ramp and landing

adjacent to Waterloo Road. • Installation of new north-western pedestrian ramp and 2

lifts.



ITEM 2 (continued) Level Works Proposed 4 (RL 58.600) • Installation of a new roof-top car park over new shopping

centre on Lot 100 Talavera Road. • Installation of a new roof-top car park at the southern end of

Lot 5 adjacent to Waterloo Road. • Construction of a new specialty store over the central

roadway. • Continuation of vehicle access ramps from northern part of

the new roadway at Level 3 below. The development will result in numeric changes to the following areas: Gross Leasable Area The overall development will comprise a total gross leasable area (GLA) of approximately 128,455m² upon completion. This represents a net increase of 31,981m² of GLA as some of the existing GLA will be reconfigured and augmented. Tenancy Existing GLA (m²) Proposed GLA (m²) Difference (+/-) Specialty 23,359 36,681 +13,322 Food Court 1,404 2,414 +1,010 Restaurant 1,759 2,534 +775 Kiosk 409 746 +337 Mini-Major 9,477 11,350 +1,873 Major 50,755 65,419 +14,664 Cinema 7,874 7,874 No change Community 1,437 1,437 No change Total 96,474 128,455 +31,981

Car Parking The development will result in the loss of some existing car spaces, however overall there will be a net gain of 1,420 spaces, resulting in a total of 5,344 spaces throughout the entire Shopping Centre. A total of 160 accessible parking spaces will be provided throughout the Centre. Level RL Existing Proposed Less Spaces Total Diff (+/-) Basement 39.000 275 N/A N/A 275 N/A L1 L1A

42.000 44.750

917 588

389 346

-42 -44

1,264 890

+347 +302

L2 L2A

47.500 50.200

596 700

231 200

-171 -339

656 561

+60 -139



ITEM 2 (continued) Level RL Existing Proposed Less Spaces Total Diff (+/-) L3 L3A

53.000 55.700

379 N/A

34 202

-51 N/A

362 202

-17 +202

L4 58.600 469 762 -97 1,134 +665 Total 3,924 2,164 -744 5,344 +1,420

Memorandum of Understanding A Memorandum of Understanding (MOU) has been submitted with the application. The objectives of the MOU are to outline the procedure, process, lines of communication and commitments for the principal shareholders of the Macquarie Park Shopping Centre and the City of Ryde. In summary, the MOU includes the following details of the three stages of the redevelopment of the centre: Stage 1 This stage relates to the current application and includes the construction of the 2 new half-roads along the eastern and southern boundaries of the subject site. The development has included within this application a plan of subdivision proposing to dedicate these new roads to Council. The developer also seeks Council to recognise that this land dedication be included as part of any future FSR bonus for the centre. Stage 2 This stage refers to improvements to be made to the Herring Road frontage which includes: • Creation of a town square between the railway station and the shopping centre

generally within the location defined by the DCP but subject to detailed design. • Integration of the entertainment and leisure precinct into a town square precinct

by refining the master plan for the Herring Road street frontage and entry statement from Herring Road, the Escape Mall, the Loft and the ice skating rink.

• Investigating a possible underground link between the railway station and the

shopping centre. • Improving the pedestrian footpaths along Herring Road and the pedestrian

crossover to the university. • Upgrading the bus interchange with the pedestrian precinct and the shopping

centre. • Improvements to the existing taxi rank along Herring Road.



ITEM 2 (continued) The public benefits which result from the Stage 2 redevelopment include the town square to be developed between the railway station and the shopping centre, improved pedestrian footpaths along Herring Road, the upgrade to the bus interchange and improvements to the taxi rank on Herring Road. Stage 3 This stage refers to the redevelopment of the exiting shopping centre bounded by Talavera Road, Herring Road and Waterloo Road to provide a mixed use or commercial space. This stage includes: • A landmark building on the corner of Herring Road and Waterloo Road adjacent

to the future Town Square. • A cornerstone building on the corner of Herring Road and Talavera Road. • Other smaller scale buildings on Herring Road and Talavera Road. Strategies will also be developed over the further stages to provide an improvement to civic benefits in the Macquarie Park area. These may include community facilities incorporated into the centre such as the Macquarie Park learning, Leisure and Library facility. Forward Process The MOU includes a strategic process to navigate the following Stages 2 & 3 of the redevelopment of the centre. This part of the MOU includes provision for: a) Workshop meetings similar to those held prior to lodgement of DA for Stage 1 to

be set up (post the approval of the DA) with the Developer, Council (and other Stakeholders as required) to consult plans for:

• The new town square between the railway station and shopping centre; • The MOT bus interchange at Herring Road and any other upgrades to the

transport infrastructure at Herring Road;

• Understanding the potential for community facilities such as the Macquarie Park Learning – Leisure and Library facility;

• The issues related to ownership and title; responsibility and liability; improved

operation and potential future functions of Shrimpton’s Creek/Link Road.

b) A master plan will be submitted together with the DA for Stage 2 of the expansion of the shopping centre.



ITEM 2 (continued) Final approval of the MOU is addressed as a condition (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 4). 6. Background The application was lodged on 21 December 2007. 7. Submissions The proposal was advertised in the Northern District Times on 23 January 2008 and notified to 1,528 surrounding property owners between 15 January 2008 and 7 February 2008 in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. Three (3) submissions were received objecting to the development. One (1) submission was received in support of the development. These submissions were from the following: Name Address/Location Issues St. Hilliers 88 Talavera Road, Macquarie Park • Traffic impact Beville Group Top Ryde Shopping Centre • Economic impact Resident 213 Rowe Street, Eastwood • No objection Resident 10 Lorna Avenue, North Ryde • Necessity

• Car parking • Generated employment

Traffic impact The submission claims that, while the development will result in an increased traffic movement on Talavera Road by 15%, the application does not include any measures to widen the roadway or improve traffic flows that would impact on the property at No. 88 Talavera Road which is located to the north-west of the northern exit of the central roadway (it is noted that No. 88 Talavera Road is currently undergoing development). The submission also notes that the creation of a new entry and truck service area east of the existing car park entry/exit has the potential to cause queuing in peak morning periods. The submission points out that the increased traffic movement will have the potential to change the traffic light control sequencing thereby impacting upon the tenants at No. 88 Talavera Road. In response, the applicant commissioned Colston Budd Hunt & Kafes Pty Ltd to provide the following comments: • Traffic flows on Talavera Road would increase by 260 to 270 vehicles/hour in

peak periods.



ITEM 2 (continued) • The intersection of Talavera Road and Khartoum Road would continue to operate

with average delays of less than 30 seconds/vehicle in the peak periods with development traffic in place. This represents level of service B/C (a satisfactory level of service).

• The proposed traffic signals at the intersection of Talavera Road and the

proposed east road would operate with average delays of less than 25 seconds/vehicle in peak periods. This represents level of service B (a good level of service).

• The proposed traffic signals at the intersection of Talavera Road and the proposed east road satisfies the RTA warrant for new traffic signals.

In conclusion, the response states that traffic from the proposed development would have a satisfactory impact on Talavera Road. Council’s Development Traffic & Development Engineer have examined the proposal and support the findings provided by Colston Budd Hunt & Kafes Pty Ltd. Suitable conditions have been imposed which include the installation of traffic lights at the intersection of Talavera Road and the proposed east road (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). Economic impact The Economic Impact Assessment, prepared by Pitney Bowes Mapinfo on behalf of the applicant, was reviewed by Macroplan Australia (dated March 2008) on behalf of the objector (Bevillesta Pty Ltd) due to concerns that the development would have a detrimental economic impact upon the viability of the Top Ryde Shopping Centre. In their review, Macroplan concluded that the approval of Stage 1 does not represent proper and orderly planning at this time as it has the potential to impact upon the current and future retail function of the Top Ryde centre, currently under construction. Macroplan suggest that the continued position of strength in the retail hierarchy by the Macquarie Park centre will not be eroded by a delay in the proposed expansion. In this regard, Macroplan also suggest that a delay in the supply and tenanting of the retail component of Top Ryde could have the following negative impacts: • A delay in the sales rates of apartments as purchasers of higher density housing

are generally sensitive to a lack of surrounding retailing. • A delay in the absorption of office floorspace as key commercial tenants delay

their decisions to occupy the centre. Therefore, Macroplan state that either of these impacts could influence the viability of the new Top Ryde shopping centre and undermine its ability to operate as a genuine mixed-use centre in the framework envisaged under the Sydney Metropolitan Strategy.



ITEM 2 (continued) In order to gain clarity on this matter, Council commissioned an independent review of the above assessments by Hill PDA (dated 9 April 2008). In that review Hill PDA concludes that as: • The predominant uses in the expanded Macquarie Centre will be a David Jones

department store, fashion stores and other speciality store types that are under-represented in the Macquarie Park primary trade area, and the Ryde LGA;

• The economic impacts (in terms of loss of trade) on any one retail centre will not

detrimentally affect it; and • The impact on Top Ryde shopping centre will not be significant enough to result

in social detriment. Then, we see no valid reason for refusal of the application on the grounds of economic impact. A further review of the Macroplan assessment was conducted by Pitney Bowes Mapinfo (dated 18 May 2008) who confirm their earlier comments, and those provided by Hill PDA above, that the development would not threaten the ongoing viability or future expansion potential of any competitive centres, including the Top Ryde centre. Necessity of the development The submission questions the necessity of the development as it claims that the centre already hosts a diversity of shops. It is suggested that expanding the centre will not significantly improve the service provided. This matter is one which cannot be considered under the provisions of the Environmental Planning & Assessment Act, 1979 as it essentially relates to the economic rationale and viability of the centre. Notwithstanding, a review of the Economic Impact Statement prepared by Pitney Bowes, and supported by the independent review undertaken by Hill PDA, reveals that the expansion of the centre is required in order to maintain its role and competitiveness within the established retail hierarchy of the North Shore and fulfil its role as a specialist centre in a major employment and commercial generating precinct (Macquarie Park) as identified in the Sydney Metropolitan Strategy as a Strategic Centre within the Macquarie Park to North Sydney Economic Corridor. In this regard, the expansion is considered an attempt to address macro/regional economic factors rather than an attempt to address micro/local service factors as raised by the objector. Car parking The submission claims that the development will disrupt available on-site car parking during the construction phase and requests that the centre refrain from promoting sales during this period to alleviate congestion and conflict.



ITEM 2 (continued) Council cannot impose conditions which limit the promotional strategies of the centre as these are outside the scope of the development. It is at the discretion of the centre management to appropriately manage their car parking strategy during the construction phase to ensure that no adverse impacts are created. However, Council are in a position to request a traffic management plan prior to commencement which will outline the scheduling of on-site car parking during the construction phase and to include details as to how any traffic related problems are to be managed during this phase. This has been imposed as a condition (see Section 2 – Prior to Construction Certificate; Condition No. 2). Generated employment The expansion of the centre would result in the addition of 1,197 retail jobs once the centre becomes operational, and 1,539 jobs during the construction phase. 8. Public Donations No public donations were declared in relation to this application. 9. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance Zoning

The subject site is zoned 3(h) Business Special (Mixed Activity) under the provisions of the Ryde Planning Scheme Ordinance. Under Clause 22 of the Ordinance, the development is permissible with the consent of Council. Mandatory Requirements The following addresses the relevant Mandatory Requirements in the Ordinance. Clause 34 – Consideration of Certain Applications The development is likely to cause increased vehicular traffic and, as such, under Clause 34(2) Council is required to consider: a) Whether adequate vehicular entrances to and exits from the site have been

provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads.

The development includes two new entry points along Talavera Road, one new entry point on the new north-south roadway and one new entry point on the new east-west roadway at the rear.



ITEM 2 (continued) The two entry points on Talavera Road consist of the intersection of Talavera Road and the new north-south roadway and a small loading dock further to the west between the new intersection and the existing intersection which services the central roadway. The entry point on the new north-south roadway consists of an entry/exit ramp for the upper level car park. The entry point on the new east-west roadway at the rear services the main loading dock. Talavera Road Treatments Council’s Development Engineer has imposed a condition which requires that the intersection of Talavera Road and the new east roadway be designed to ensure that all vehicles will use the intersection without impacting upon the two through lanes and that sight distances will comply with Austroads requirements (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). Additionally, given the safety concerns raised by Council’s Traffic Engineer for the need of traffic signals at the intersection, Council’s Development Engineer has imposed a condition which maintains Council’s position to require the incorporation of traffic signals designed to RTA/Austroads standards (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). A safety concern has also been identified at the ingress/egress point of the new loading dock on Talavera Road. In this particular instance it was considered that the use of articulated vehicles may encroach upon the far side of the two through lanes heading west along Talavera Road as they enter and leave the dock. Additionally, as the dock is adjacent to a pedestrian footpath, it was also considered that a potential traffic vehicle/pedestrian hazard may be created. Notwithstanding the applicant’s claim that the dock will only service non-articulated vehicles, it was considered that, in order to address both concerns, a condition has been imposed which requires that the size of the largest vehicle using the Talavera Road loading dock shall be restricted to ensure its path of travel will be fully contained within the correct side of the road and not encroach onto the adjacent lanes during all turning movements (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). Additionally, visiting times of any large delivery vehicles to the dock shall be permitted up to two hours prior to the opening of the department store which it services and after two hours of the closing of the department store which it services (see Section 2 – Prior to Construction Certificate; Condition No. 23).



ITEM 2 (continued) Waterloo Road Treatments A vehicle/pedestrian safety concern was identified regarding the new entry into the car park from Waterloo Road. Council’s Development Engineer has imposed a condition which requires that the vehicle entry point from Waterloo Road be modified to include a slip-lane and traffic calming devices to slow traffic and minimise vehicle queuing along Waterloo Road to the west as well as reducing potential for pedestrian and vehicle conflict in proximity to the entry point as pedestrians approaching from the east will be required to cross the roadway to gain access to the centre further to the west (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). b) The provision of space on the site of the building or development or on land

adjoining the site, other than a public road, for the parking and standing of such number of vehicles as the responsible authority may determine.

The development is defined as a general retail use and is subject to parking requirements for Macquarie Park contained within the Ryde Development Control Plan 2006. As the development involves an extension to the existing shopping centre (and which subsequently includes the majority of on-site car parking) the car parking provision detailed below has been calculated to encompass the needs of the entire shopping centre. Control Required Provided Compliant General Retail Use 1/25sqm floor area

accessible to the public. Therefore, 129,500sqm publicly accessible floor area for the entire centre = total 5,180 spaces.

5,344 spaces for entire centre (2,164 for the subject development)

Yes Surplus = 164 spaces.

A condition has been imposed which requires the development to provide a maximum of 2,164 on-site car spaces with a maximum 5,344 on-site car spaces to be provided for the centre as a whole (see Section 1 – General; Condition No. 9). Additionally, concern is raised regarding the appropriate management of on-site car parking during the demolition/construction phase of the development. In order to ensure the continued provision of adequate on-site car parking for the shopping centre during this phase a condition has been imposed which requires the submission of a Traffic Management Plan which will detail the location and sequencing of onsite car parking and how any relocating of existing car parking and its sequencing will be managed (see Section 2 – Prior to Construction Certificate; Condition No. 2).



ITEM 2 (continued) c) Whether adequate space has been provided within the site of the building or

development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

The development includes adequate space within the car parking area for the loading/unloading of vehicles and for the picking-up and for the setting-down of passengers. However, the smaller loading dock to the north (facing Talavera Road) has been identified as creating a potential hazard if used by large, articulated vehicles. The hazard is seen in the requirement for such large vehicles entering and/or leaving the dock to accommodate the entire road width of the southern half of Talavera Road to accommodate a sufficient turning circle. A solution has been identified in limiting the size of vehicles such that this hazard would not be possible and, in order to minimise vehicle/pedestrian conflict along the footpath in front of the dock, imposing timing restrictions on deliveries. Given the operating flexibility of the centre a condition has been imposed which permits deliveries to occur after the centre has closed which would generally be after hours, at times where pedestrian and vehicular traffic along Talavera Road are at a minimum (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). Clause 42 – Advertising Signs This clause of the Ordinance applies to the erection and display of advertising signs. The current application does not propose any signage. Separate applications will be made to Council for business identification signage associated with future occupants of the development. A condition has been imposed which requires any signage not included as part of this application to be subject to a further development application (see Section 6 – Operational; Condition No. 4). Clause 93 – How will development be controlled? This clause applies to land within the Macquarie Park Corridor and requires Council to consider: 1. The planning principles and objectives for the corridor set out in Schedule 18 and

Clause 94. The following table provides an assessment of the application against the planning principles as set out in Schedule 18. The objectives under Clause 94 are addressed after the table. `



ITEM 2 (continued)

Planning Principles Comment 1. Environmental Principles To strongly define the public domain and active street frontages in the areas surrounding the proposed railway stations, by close alignment of buildings to the street edge and selection of appropriate street-front uses,

The development is located at the north-eastern extreme of the shopping centre and therefore, away from the area of focus for the train station and the main concentration of the public domain. Notwithstanding, the development maintains a consistent alignment to that of the existing shopping centre to the west. The incorporation of glazed frontage/entry points on Talavera Road and Waterloo Road softens the visual impact of building bulk to the street.

To ensure a transition between the Corridor development and surrounding areas.

Not applicable in this instance as the site is not located in a transitional location.

To ensure higher use of public transport (both rail and bus) by providing safe direct pedestrian and cycle links to bus stops and proposed station entries.

The development is for an extension to the existing shopping centre which provides an important rail and bus transport node for the western side of the Corridor. The development will improve pedestrian links between Herring Road, Waterloo Road and Talavera Road by providing a continuation of the retail component of the shopping centre while refining the layout of the car parking area and improving vehicular/pedestrian access/egress separation.

To provide landscape and street details to unify areas within the Corridor and, where appropriate, integrate with the surrounding natural and built environments.

The proposed development will provide landscaping improvements and streetscape works that will be consistent and compatible with other recent developments in the area. Conditions will be imposed requiring the planting & streetscape works to be consistent with the Public Domain Technical Manual (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 2(b) and Section 4 – Prior to and during Demolition and Construction: Condition Nos. 53 & 54)



ITEM 2 (continued)

Planning Principles Comment To develop innovative, ecologically sustainable, flexible buildings and open spaces.

To ensure that the development will be ecologically sustainable a deferred commencement condition has been imposed requiring the building to achieve an equivalent 4.5 ABGR green-star rating. The building will provide internal flexibility for occupation by a variety of tenants due to the provision of large, open-plan floor plates.

To pay special attention to the important interface between new buildings and open spaces, particularly the National Park and existing creek areas.

Not applicable in this instance as the subject site is located approximately 400m south from the Lane Cove National Park and existing creek areas. However, appropriate conditions have been imposed (through Water Sensitive Urban Design) to ensure that water quality leaving the site through runoff and the like is of a suitable quality so as to avoid pollution of any accessible creek lines.

To establish a permeable street pattern that provides several links to the surrounding street system and provides an internal grid system.

The development has incorporated a roadway along the eastern & southern boundary of Lot 100 which will be negotiated for dedication to Council via stratum as public roads. The roads are consistent with the road network contained in the LEP & DCP and will be completed to its full width upon redevelopment of respective neighbouring properties. A condition addresses the future dedication of the roadways (see Section 1 – General: Condition No. 25).

To provide efficient layout of parking and loading facilities, screened from view of streets.

The development will incorporate above-ground car parking commensurate to the built-form of the shopping centre. The façade treatments of the Waterloo Road frontage will conceal the above-ground car park through use of vertical louvers.



ITEM 2 (continued)

Planning Principles Comment To take advantage of northerly aspect to create pleasant outdoor public and semi-public spaces.

The development includes an outdoor terrace along the Talavera Road frontage of the site which provides for street activation, meeting & social gathering and possible outdoor dining. On a wider scale, outdoor public areas will be addressed in the follow-on staging for the western half of the shopping centre which has the potential to provide significant open space areas adjacent to the train station within the colonnade.

To minimise overshadowing of open spaces,

Not applicable for this stage.

To provide a central public space that contributes to the vitality and sustainability of the Corridor.

Not applicable for this stage. The creation of new open space areas in the following stage will contribute towards the vitality and sustainability of the Corridor as this area will be strategically located near a central transport node and in close proximity to the university.

To incorporate ecological sustainable development measures into the design of new developments in the areas of energy conservation, waste management, water conservation, and ecological enhancement.

Council’s Manager Environment has provided a comprehensive list of conditions pertaining to Water Sensitive Urban Design (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 3)

To minimise the impact of traffic noise on the occupants of future developments.

Appropriate building and construction standards will ensure that there will be minimal impacts caused to building occupants by traffic noise. Conditions of consent will be imposed to address this (see Section 4 – Prior to and during Demolition and Construction: Condition No. 4 & Section 7 – RTA Conditions; Condition No. 7)

2. Social Principles To incorporate the principles of “Safer by Design’ into the design of all new buildings and open space areas.

The proposed development has been assessed against by NSW Police and the CPTED principles. Subject to appropriate conditions of consent required by the Police, the development is considered satisfactory.



ITEM 2 (continued)

Planning Principles Comment To provide easy pedestrian and cycle access for both able-bodied and mobility impaired people, throughout the Corridor in the public domain and within private developments.

The development proposal is considered satisfactory by Council’s access consultant in terms of the disabled access arrangements that are to be included. There will be a good level of access between the public and private domain through ‘at-grade’ access from Talavera Road and from within the existing shopping centre to the west.

To improve pedestrian and cycle connections between the Corridor and surrounding residential areas and minimise environmental impacts on the locality generally.

The development improves the existing pedestrian connections within the corridor as it provides a safe and direct connection through the shopping centre from the bus interchange and train station on Herring Road. Additionally, appropriate conditions have been imposed (through Water Sensitive Urban Design) to ensure that water quality leaving the site through runoff and the like is of a suitable quality so as to avoid pollution of any accessible creek lines (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 3)

To provide buildings that are designed to accommodate the needs of people with disabilities.

The proposed development has been designed to comply with Council’s Access DCP, the relevant provisions of the BCA and AS1428. However, appropriate conditions of consent provided in the Morris-Goding Accessibility Review and Elton Consulting will be imposed to ensure that these access measures are provided during construction and available at occupation (see Section 1 – General: Condition Nos. 10 & 16)

To encourage the creation of common spaces within private developments that promotes social interaction.

The development is for the extension of a major shopping centre and, as such, will provide extensive common spaces throughout, including a new food hall, to promote social interaction.



ITEM 2 (continued)

Planning Principles Comment To ensure that all buildings have easy, safe vehicular access and street address.

The new eastern roadway services the vehicular access/egress from the upper level parking areas and the access/egress from the loading dock located at the rear of the addition. The junction of the shared roadway has been designed to minimise traffic conflict and to minimise the banking up of traffic along Talavera Road by vehicles accessing the site. The RTA also require that, to minimise traffic conflict between the loading dock and light traffic, passenger vehicles should not be permitted to access the car park from the proposed south road. In this regard it is noted that the plans clearly indicate that no vehicular access is to be gained to the car parking area from the new southern roadway. The building will have a defined street address through the creation of a glazed pedestrian entry point at the junction of Talavera Road and the new eastern roadway in addition to its visual association with the existing shopping centre.

To provide open space, located in a manner appropriate to interface with adjacent areas and provide recreation opportunities for workers.

The development does not include any outdoor open space areas (beyond the new terrace facing Talavera Road) as it involves the extension of the existing shopping centre. All key open space areas are located in and around the existing centre to the west. Notwithstanding, the centre will expand upon the indoor open areas currently available as social gathering spaces for the use of workers in addition to providing amenities for dining.



ITEM 2 (continued)

Planning Principles Comment To promote the notion of a viable and vibrant employment area with a central civic space in the vicinity of Macquarie Park Station, that provides a focus for community and government activities.

The Macquarie Park Station is located adjacent to the existing shopping centre to the west, which will be the subject of a further staging of the overall re-development of the centre. This proposal will enhance the viability and vibrancy of the space within the vicinity of the station through an expansion of the existing use which promotes travel to the Corridor and enhances social interaction within the centre.

To provide 24-hour access for authorised emergency vehicles in accordance with the relevant Australian Standards.

The proposal has been designed to comply with the BCA and it is required that access for emergency vehicles will be provided where relevant.

To provide buildings that are designed with well-defined and accessible entrances.

The development will include a new entry points at the corner of Talavera Road and the new eastern roadway and on Waterloo Road. The new entries are well defined through the effective use of glazing.

3. Economic Principles To provide flexible buildings that are adaptable to the changing floor plate and layout needs of commercial and high-tech industries over time.

The shopping centre has a highly adaptable commercial floor layout which may be adjusted to meet the needs of specific tenants.

To provide a variety of floor plate sizes to suit a range of businesses.

The proposal is capable of being occupied by a single tenant or multiple tenants.

To promote a central location for civic and government activities.

This is not applicable to the proposal as the development is for an extension of the existing shopping centre. The redevelopment of the main shopping centre, which encompasses the train station and associated open square, will promote the central location of any civic of government activities.

To facilitate the continuance of “non conforming” uses in the short term.

Not applicable to this location.

To permit limited residential uses in appropriate identified areas provided they do not undermine the economic viability

Not applicable to this location.



ITEM 2 (continued) 2. The objectives and the development standards for floor space ratios set out in

Clause 96. This matter has been addressed in Clause 96 below. 3. The objectives and the development standards for building height set out in

Clause 97. This matter has been addressed Clause 97 below.

4. The objectives and the development standards for off-street parking set out in

Clause 98. This matter has been addressed under Clause 98 and Section 9.3 of DCP 2006 below. Clause 94 – Objectives for the Macquarie Park Corridor This clause of the Ordinance provides a list of objectives applying to the Macquarie Park Corridor. The objectives are: (a) To promote Macquarie Park Corridor as a premium location for globally

competitive businesses with strong links to the university and research institutions and an enhanced sense of identity, and

The Macquarie Park Shopping Centre is an important feature in the Corridor as it provides nearby facilities which service the surrounding businesses and nearby residential and university uses. In this regard, and because of its commercially promotional nature through various forms of media advertising, the centre serves as an important vehicle in conveying the identity of Macquarie Park Corridor to the general public of Sydney. (b) To implement the State Government’s strategic objectives of integrating land

use and transport, reducing car dependency and creating opportunities for employment in areas supported by public transport, and

The centre provides an important transport node through the provision of centralised major bus routes and train services. This facilitates the implementation of the State Government’s strategic objectives of integrating land use and transport through the Draft State Environmental Planning Policy No. 66 - Integrated Land Use and Transport.



ITEM 2 (continued) (c) To guide the quality of future development in the Corridor, and Because of its high-volume retail and entertainment nature, the centre has a high level of public exposure which contributes towards a design benchmark for other developments in the Corridor. The design of the extension, while small by comparison to the future overall redevelopment of the existing shopping centre, is of a higher architectural standard which incorporates improved internal and external treatments, a greater level of street activation and will achieve an equivalent 4.5 Australian Building Greenhouse Rating Scheme (AGBR) green-star rating. Additionally, conditions have been imposed which require the development to satisfy Water Sensitive Urban Design (WSUD) principles and for the installation of energy and water saving devices (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 3). As this forms Stage 1 of the redevelopment of the entire centre it is considered that this development will form a catalyst for an architecturally improved and environmentally efficient centre which will be realised under a future Stage 2 application. The combined features, in conjunction with the imposed WSUD conditions, will ensure that the centre will continue to contribute towards the creation of quality architectural designs in the Corridor. (d) To ensure that the Corridor is characterised by a high-quality, well designed and

safe environment that reflects the natural setting, with three accessible and vibrant railway station areas providing focal points, and

The centre provides a central hub for social interaction between persons who work in the area and persons who reside nearby. The locating of the train station and bus interchange will ensure that the centre remains a central focus within the Corridor which will continue to integrate business and residential areas while improving lifestyle through enhanced opportunities for social interaction. In addition to various safety conditions imposed by the NSW Police under CPTED, a condition has been imposed which requires that the new southern and eastern roadways be provided with street lighting, street furniture and landscape works in accordance with the Macquarie Park Public Domain Manual (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 2(b) and Section 4 – Prior to and during Demolition and Construction: Condition Nos. 53 & 54). (e) To ensure that residential and business areas are better integrated and an

improved lifestyle is created for all those who live, work and study in the area.



ITEM 2 (continued) The development involves the extension of the existing shopping centre and forms the first stage in the redevelopment of the centre and its public open space areas. In this regard, this development is the catalyst for further change and improvement to the immediate area which will better integrate and improve the lifestyle of those who use the site. This is especially relevant for Stage 2 which will include a refinement of the open space areas surrounding the train station which will form a focal meeting and gathering space in conjunction with the use of the centre. Clause 96 – Floor Space Ratio The table below provides an assessment of the floor space ratio (FSR) for the shopping centre as it currently exists and illustrates the effect of the proposal upon this FSR. Standard Existing Proposed Permitted +/- Compliant• Site Area 93,934m² 112,112m² - - N/A • Area 96,474m² 128,455m² 224,224m² -95,769m² Yes FSR 1:1 1.1:1 2:1 -0.9:1 Yes

The development complies with the standard by 0.9:1 (95,769m²). The objectives of the floor space ratio control are as follows: a) To provide effective control over the scale and bulk of future development; The development will improve the current appearance of the site which currently accommodates two, aging double storey rendered commercial buildings (circa 1960’s). Additionally, the development will form a consistent architectural massing along the Talavera Road frontage which will be in keeping with the existing shopping centre to the west. b) To achieve a consolidation of development around the stations, with the highest

floor space ratios at the station nodes; The development will utilise the FSR of 2:1 as prescribed in LEP No. 137 although the actual FSR achieved will be less, at approximately 1.1:1. This is the FSR across the whole site which includes the existing shopping centre and does not differentiate in its proximity to the train station. In this regard, the development achieves a consolidation of the FSR for the shopping centre across the entire site. c) To allow feasible development of the sites around the stations and facilitate focal

points at the station areas; The development is part of a strategic objective to upgrade the entire shopping centre. In this regard, the development will allow feasible development of the site around the train station to facilitate this particular area as a centralised focal point for social gathering/meeting and transportation.



ITEM 2 (continued) d) To ensure that the peripheral locations of the Corridor reflect the landscape

needs and building setting requirements of the Corporate building; The development is located adjacent to the northern periphery of the Corridor but is not visible from the M2 Motorway (which forms the northern boundary). Notwithstanding, the development includes sufficient landscape treatments along the northern edge to be consistent with the level of existing corporate landscaping throughout the Corridor. Conditions have been imposed which enhance the proposed level of street landscaping to comply with Council’s Public Domain Manual (see Part 1 – Conditions relating to a Deferred Commencement: Condition No. 2(b) and Section 4 – Prior to and during Demolition and Construction: Condition Nos. 53 & 54). e) To reinforce the importance and function of the central spine (Waterloo Road and

Riverside Main Street) with suitable built form; The development extends to the Waterloo Road frontage to address a secondary vehicle and pedestrian entry point. The redevelopment of the existing shopping centre to the west will have a more significant impact upon the importance and function of Waterloo Road as a central spine. Notwithstanding, the development will improve the pedestrian access on Waterloo Road by providing updated façade treatments and a café at ground level which will assist in activating the street frontage. f) To encourage the provision of a new street network; The development includes one half of the eastern roadway which extends south from Talavera Road and wraps around the building to continue west towards the existing centre. This is in keeping with the road network contained in LEP No. 137 and the DCP. g) To provide incentive for redevelopment in return for the provision of the proposed

access network as a public benefit. This application is for the Stage 1 redevelopment of the shopping centre. The redevelopment of the main centre will occur under Stage 3 and will be subject to a future development application. As such, the current application does not seek any incentives, such as a floor space ratio bonus. However, the dedication of the new east and south roadways to Council will result in a floor space ratio bonus for the future redevelopment of the main centre under Stage 3. This has been addressed through a condition which requires the dedication of the new east and south road by stratum on title (see Section 1 – General: Condition No. 25). The transfer of the land is to occur at a future date and is subject to the applicant entering into a deed of agreement with Council prior to the issue of an Occupation Certificate.



ITEM 2 (continued) In addition, the MOU includes a clause which allows for the continued negotiation of the possible future dedication of the Shrimpton’s Creek corridor (which currently forms the central roadway and stormwater channel through the centre) to Council although this will be subject to consideration under a future development application for Stage 3. Clause 97 – Height of Buildings Standard Required Proposed + / - Compliant Height 6 storeys Part 8 storeys + part 2 storeys No (existing)

The development does not comply with the Building Height Development Standard by up to two storeys. The non-compliance occurs in an existing wedge at the western edge of the development which abuts the eastern side of the existing shopping centre is limited to the car park. This part of the car park is currently seven storeys. An additional level will be provided within the existing building envelope resulting in this part of the car park achieving eight storeys. As can be seen on Plan No. DA2001(A), the non-compliant height is enhanced by the steep topography of Talavera Road at this part of the site and the building height of the existing shopping centre which predetermines the continued internal pedestrian and vehicular access linkages within the development. Because of the topography of Talavera Road, the extent of the non-compliance reduces towards the east as the roadway rises to meet the new north-south road. The applicant has submitted an objection to the Standard under SEPP No. 1 (see discussion below). The objectives of the height control are: a) To provide effective control over the scale and bulk of future development; and The development is generally compatible with the height limits set by the existing shopping centre immediately to the west and with the existing commercial building to the north at No. 88 Talavera Road. b) To concentrate building heights around the station; and The development does not involve any works near the train station. This matter will be addressed in a forthcoming proposal to redevelop the existing shopping centre and the area around the train station.



ITEM 2 (continued) c) To provide focal nodes that clearly highlight the role of the stations; and The development increases the area and functionality of the existing shopping centre and thereby, enhances its importance as a focal node within the Corridor. However, as pointed out above, this development does not involve any works near the train station. This matter will be address in a forthcoming proposal to redevelop the existing shopping centre and the area around the train station. d) To reinforce the important road frontages of Waterloo Road and Lane Cove Road. The development includes the redevelopment of the eastern side of the Waterloo Road entrance which is currently a visually unappealing open concrete façade to the car park. The development seeks to enhance this area by providing a new pedestrian entry point and café use, together with contemporary façade treatments to conceal the car park, which will provide an enhanced street activation. State Environmental Planning Policy No. 1 – Development Standards The applicant has submitted a SEPP 1 objection in respect of the variation and has provided the following statements as justification: • Is compliance with the development standard unreasonable and unnecessary in

the circumstances of the case? The overall building height of the proposed development is well within the development standards set for this precinct and the objectives of the standard. The proposed 7 level car park, owing to the lower floor to ceiling heights, is equivalent to the 4-5 storey retail and car park development immediately to the east. Compliance with the standard is clearly unnecessary in the current circumstances given that the overall height of the existing building will not be increased, rather the proposal involves the provision of an intermediate level of car parking inserted into the structure. • Is the granting of consent to the development consistent with the aims of SEPP 1

as set out in Clause 3 of the policy? The granting of development consent to the proposed development is consistent with the aims of SEPP 1. It has been demonstrated above that strict compliance with the building height standard is unreasonable and unnecessary as the built form will not change and will still achieve the objectives of the development standard, and the overall zone objectives. Accordingly, it is considered that the objectives of Section 5(a)(i) and (ii) of the Act are met. ITEM 2 (continued)



• Considerations in the granting of concurrence. Whether concurrence is required from the NSW Director-General of Planning, or this concurrence is assumed, the following heads of consideration must be considered: (a) Whether non-compliance with the standard raises any matter of significance for

State or regional environmental planning. The proposed development will further planning policy for the Macquarie Park precinct. The minor non-compliance with the height control does not in any way compromise the achievement of this outcome. (b) The public benefit of maintaining the development controls adopted by the

planning instrument. The proposed non-compliance is a technicality only. The overall height of the development remains within the intended built form outcomes for the site as envisaged under the Ryde PSO. In summary, the SEPP 1 objection to the building height standard should be supported and the development standard varied for the following reasons: • The variation will not hinder attainment of the objectives of the standard. • The variation of the building height standard prescribed by the Ryde PSO has

been proven to be:

o Consistent with the aims of SEPP 1; o Consistent with the objective of the standard; and o Unreasonable and unnecessary in the circumstances of the case.

The reasons given in the applicant’s objection are considered to be well founded and justified. As demonstrated, the development complies with the objectives of the height control requirement and in this instance, compliance with the height requirement is considered to be unnecessary and unreasonable. No objections are raised to the overall height of the development.

Clause 98 – Off-street Parking Restrictions The Ordinance/Amending LEP does not include a retail use in the calculation for off-street car parking. This matter is therefore subject to the requirements contained under Section 9.3 of DCP 2006 which permits a parking rate of 1 space per 25m² floor area accessible to the public for a general retail use. In the assessment of off-street car parking under Section 9.3 of the DCP it was found that the development complies with a surplus of 164 spaces across the entire centre.



ITEM 2 (continued) (b) Relevant SEPPs State Environmental Planning Policy No. 11 – Traffic Generating Developments The environmental planning instrument governing traffic generating developments at the time of lodgement was State Environmental Planning Policy No 11 – Traffic Generating Developments. The Policy was repealed on 1 January 2008 with SEPP (Infrastructure) 2007 becoming effective. The SEPP (Infrastructure) contains a saving provision which permits any development application received prior to the gazettal of the new SEPP must be assessed under SEPP No. 11.

The application was referred to the RTA on 18 January 2008 and 27 May 2008 for comment only. The comments provided by RTA/SRDAC are included under External Referrals in this report and imposed conditions (see Part 1 – Conditions relating to a Deferred Commencement; Condition 2; and Section 7 – RTA Conditions). State Environmental Planning Policy No. 55 – Remediation of Land The aim of this Policy is to provide a State wide planning approach to the remediation of contaminated land. In particular, the Policy seeks to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment by: (a) specifying when consent is required, and when it is not required, for a

remediation work, and by: (b) specifying certain considerations that are relevant in rezoning land and in

determining development applications in general and development applications for consent to carry out a remediation work in particular, and

(c) by requiring that a remediation work meet certain standards and notification

requirements. The applicant notes in the Statement of Environmental Effects that “it is our understanding that 55 - 61 Talavera Road has been zoned and used for commercial and business park uses since the area was first released for development in the 1960’s. Further the site has been used for its current purposes as a commercial / distribution development for an extended period of time and there is no known experience of contaminating activities occurring on the site.



ITEM 2 (continued) A review of the Managing Land Contamination – Planning Guidelines suggests that the zoning and past uses have not included offensive industrial, agricultural or defence uses. On this basis there is no reason to suspect the site may be contaminated and it is our view that the site is suitable for the proposed development. However a Phase 2 investigation (and any necessary remediation works arising out if that investigation) will be conducted by the applicant prior to commencement of construction to confirm the site is suitable for the proposed development.” Council’s Environmental Health Officer has examined the proposal and states that: "an initial evaluation based upon readily available information indicates that land contamination is not an issue." State Environmental Planning Policy No. 63 – Major Transport Projects The environmental planning instrument governing development in or near a rail corridor at the time of lodgement was State Environmental Planning Policy No 63—Major Transport Projects. The Policy was repealed to Schedule 4 of SEPP (Infrastructure) 2007 with effect from 1 January 2008. Whilst the southern extreme of the development occurs within 25m of the rail corridor it does not involve any excavation works below a 3.0m depth within that area. In this regard, referral was not required to be made to Railcorp. Draft State Environmental Planning Policy No. 66 – Integrated Land Use and Transport This Policy, which was released as part of the Government’s Integrated Land Use and Transport (ILUT) package in 2001, aims to ensure that urban structure, building forms, land use locations, development designs, subdivision and street layouts help achieve the following planning objectives: (a) improving accessibility to housing, employment and services by walking, cycling,

and public transport, (b) improving the choice of transport and reducing dependence solely on cars for

travel purposes, (c) moderating growth in the demand for travel and the distances travelled,

especially by car, (d) supporting the efficient and viable operation of public transport services, (e) providing for the efficient movement of freight. The development is for an extension to the existing Macquarie Park Shopping Centre which already functions as a major transport node within the Macquarie Park Corridor. The addition of the Chatswood-Epping rail link will further enhance this role. ITEM 2 (continued)



Despite the net gain in car parking resulting from this proposal, the current and future convergence of numerous public transport routes upon the Centre will encourage the use of alternative means of transport. In this regard, the development is considered to satisfy the objectives of the Draft SEPP. (c) Relevant REPs None relevant. (d) Any draft LEPs Council has placed Draft Local Environmental Plan 2008 on public exhibition from 12 November 2008 to 16 January 2009. Under this Draft LEP, the zoning of the property is B4 (Mixed Use). The development is permissible with consent within this zoning under the Draft LEP, and it is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning. (e) Any DCP Development Control Plan 2006 Council adopted City of Ryde DCP 2006 on 4 July 2006 and its provisions became effective on 26 July 2006. The following sections of DCP 2006 are relevant to the proposed development although it should be noted that Part 4.5 of DCP 2006 became operative upon adoption in June 2008. This application was prepared and lodged under the provision of DCP 2006 which did not include the various objectives, principles and controls of Part 4.5 as considered below. Part 4.5 – Macquarie Park Corridor The site has been identified within the Macquarie University Station Precinct which has been identified as a precinct that will contribute significantly to the identity and character of the Macquarie Park Corridor. As such, more detailed built form and public domain controls have been provided in the DCP. The following table provides an assessment of the relevant controls within Part 4.5 of the DCP. Precinct controls will override any respective general controls which are in conflict. Note that only the controls which are relevant to this application have been included.



ITEM 2 (continued) Because of the implementation of Stages 1, 2 & 3 certain controls are more relevant to specific staging and has been noted as such in accordance with the DCP. Control Comments Compliance s3.0 – Structure Plan Street Network Provide new public streets as shown in the Street Network Structure Plan. New streets are to be dedicated to Council. Provide a 5.0m setback to Type 2 & 3 roadways.

The street network has been designed to correspond to the layout prescribed in the DCP. At this stage, the streets have been designed as half-width streets and require completion as neighbouring sites develop. The dedication to Council of the new eastern and southern roadways located within the property boundary of Lot 100 are considered to be critical to Council’s long-term strategy in ensuring the accurate and timely delivery of the Macquarie Park Corridor street network as illustrated within the Structure Plan of the DCP. In this regard, a suitable condition has been imposed which requires dedication. It is noted that the development does not accommodate a 5.0m setback from the new southern and eastern roadways (Type 2 & 3 roadways respectively) as setbacks to these roadways were not required under the pre-Part 4.5 DCP 2006.

Yes Subject to condition which requires the dedication of the new east and south road to Council by stratum on title (see Section 1 – General: Condition No. 25). In addition, the MOU includes a clause which allows for the continued negotiation of the possible future dedication of the Shrimpton’s Creek corridor to Council although this will be subject to consideration under a future development application for Stage 3.



ITEM 2 (continued) Control Comments Compliance Open Space Network Provide public open space as shown in Figure 4.5.06 Open Space Network. Parks are to be in public ownership.

The current application is for an ancillary extension to the main body of the shopping centre to the west. Public open space will be addressed in further stages for the redevelopment of the existing shopping centre which includes the open space areas adjacent to the train station.

Yes

Built Form Network Buildings are to be designed in accordance with s6.0.

The development complies with the FSR development standard. However, the proposal has been found to not comply with the building height standard, although this non-compliance is marginal and the result of an unaltered existing situation. This matter was satisfactorily addressed through a SEPP 1 objection.

Yes

s4.3 – Macquarie University Station Precinct 4.3.2 – Public Domain Open Space New parks, plazas and public open spaces are to be provided where shown in Figures 4.5.32, 4.5.35 & 4.5.36. Provide integrated stormwater management and enhanced pedestrian, landscape, accessibility and water sensitive urban design treatments to the overland flow path through Macquarie Shopping Centre.

The areas indicated in the DCP refer to the western edges of the existing shopping centre only. In this regard, this control is not applicable to this application but will become relevant in the redevelopment of the existing shopping centre at a later stage. Street tree planting along the new southern and eastern roadways have been imposed by a condition.

N/A To be addressed in a future DA’s for Stages 2 & 3. Street tree planting subject to condition (see Section 4 – Prior to and During Demolition and Construction: Condition No. 53)



ITEM 2 (continued) Control Comments Compliance Streets Primary active and retail frontages are to be provided where shown in Figure 4.5.32.

The development includes active frontages along Waterloo Road (through the incorporation of a café) and along Talavera Road which provides the main north-eastern entrance to the centre.

Yes

Pedestrian through-site links Pedestrian through-site links are to be provided where shown in Figure 4.5.32.

The DCP indicates an east-west through-site link extending from the termination of the new road which services the southern loading dock. The centre can continue to provide an east-west pedestrian through site link to Herring Road through the shopping centre itself.

Yes

4.3.3 – Site & Building Design Building Heights Development should comply with Figure 4.5.35 which indicates the maximum number of permissible storeys and supplements the height of buildings indicated on the Ryde LEP 2008 Amendment 1 – Incentive Height Controls.

The building height generally complies with the development standard prescribed under LEP 137 with exception to a minor breach at the north-western corner. This is mainly due to the topography of the site at this particular section of Talavera Road and the need to maintain a consistent building height with the existing shopping centre to the west which affords continued pedestrian access through the centre. The applicant has submitted an objection to the building height breach under SEPP 1 which was found to be acceptable in this instance.

Yes



ITEM 2 (continued) Control Comments Compliance Setbacks & Building Zone Ensure that the critical building alignments shown in Figure 4.5.36 are provided. At least 85% of the building frontage (on all levels) is to be built to this setback.

The development includes an extension to Waterloo Road and, as such, is subject to the critical building alignments under Figure 4.5.36 which is indicated as being a minimum 25m setback from the street boundary.

Yes

The development includes two sections which front Waterloo Road, the pedestrian entrance and the south-facing wall of the proposed supermarket. The upper floors of the pedestrian entrance is setback 14m from the street boundary while the façade of the supermarket is setback 25m from the street boundary. The pedestrian entrance includes a café at the ground level which has a setback of between 5.6m and 14m from the street boundary. The extent of compliance equates to approximately 53% of the building frontage which is 32% below the requirement. It is noted that the critical building alignment reduces to 10m on the neighbouring site to the east. The non-compliant pedestrian access and café abuts this site and visually forms an articulated transition from the 25m critical building alignment associated with the shopping centre to the 10m critical building alignment associated with the commercial areas along Waterloo Road.



ITEM 2 (continued) Control Comments Compliance Setbacks & Building Zone

(contd) This is especially evident through the effective use of glazed materials which visually improves the existing appearance of this part of the centre and minimises the bulk and scale of this part of the building. Additionally, the incorporation of the ground floor café provides a new level of street activation within this alignment which is considered to be favourable both architecturally and functionally. Figure 4.5.36 does not include any critical building alignments along Talavera Road.

Community Facilities Provide community space of not less than 4000sqm within the Macquarie Park Shopping Centre (which may include a library, arts centre or other function to meet local demand). The community space must be directly accessible from the public domain and within a short walk of the station and bus interchange

This component is to be addressed under the redevelopment of the existing shopping centre which will focus on development around the train station and bus interchange.

N/A To be addressed in a future DA for Stage 3.

4.3.4 – Public Domain Interface Vehicular Access & Parking Driveways and vehicular crossings are not preferred along: • Herring Road north of

Waterloo Road. • Herring Road for the block

south of Waterloo Road. • University Avenue for the

block east of Herring Road.

No roads listed in Point 1 will be affected by this development. The development utilises the existing vehicular access ramp into the car park from Waterloo Road. This ramp is located at the far eastern side of the site and will become a two way access/egress ramp as opposed to its current use as an access ramp only.

Yes



ITEM 2 (continued) Control Comments Compliance Vehicular Access etc (contd) • Waterloo Road north from

Herring Road to the location of the existing driveway crossing (approx. 19m east of Herring Road).

Driveways and vehicular crossings are to be provided from the secondary streets wherever possible. Vehicle access should not ramp along boundary alignments facing a street or public open space.

The existing entrance/exit for the central roadway will remain unaltered (with the exception of having a bridging structure built over it). The entrance/exit for the loading dock off Waterloo Road will remain unaltered although internal manoeuvring will be improved.

Colonnades This control requires consideration to the provision of colonnades/active frontages along the Macquarie University Station Plaza only.


s5.0 – Public Domain 5.3 – General Public Domain Controls Cycle Strategy Provide dedicated cycle access in accordance with Ryde Bicycle Strategy & Master Plan 2007. Provide lockable bicycle storage and end-of-trip facilities at train stations and within development.

The development includes a dedicated area allocated to centre staff for the parking of bicycles which includes shower, storage and change room facilities.

Yes

Street Furniture Design and build streets in accordance with the details provided in the Macquarie Park Public Domain Technical Manual.

The street network has been designed in accordance with the LEP and the DCP. The construction of the streets and the provision of street furniture, lighting and paving materials will be in accordance with the Macquarie Park Public Domain Technical Manual.

Yes Subject to condition (see Section 4 – Prior to and During Demolition and Construction: Condition No. 54)



ITEM 2 (continued) Control Comments Compliance Street Furniture (contd) Utilise paving materials, furniture and lighting standards as identified in the Macquarie Park Public Domain Technical Manual.

A suitable condition of consent will be imposed in this regard.

Street Tree & Front Setback Tree Planting Street trees and front setback must be provided in accordance with the Street Tree Key Plan in the Macquarie Park Public Domain Technical Manual, and their health guaranteed for a minimum of 5 years.

The landscape plan (see Plan No. LADA0501(a02) dated 19/12/2007) indicates that appropriate tree planting will occur along the verge areas of Talavera Road and Waterloo Road, and within the respective entry/exit points of the central roadway. A suitable condition of consent will be imposed requiring that the species of proposed street trees will be of native origin and have a guaranteed lifespan of at least 5 years in accordance with the Street Tree Key Plan in the Macquarie Park Public Domain Technical Manual.

Yes Subject to condition (see Section 4 – Prior to and During Demolition and Construction: Condition No. 53)

Community Facilities Community facilities are to be provided as required by the Ryde City Council’s Section 94 Plan.

This matter has been considered under s4.3 – Macquarie University Station Precinct.


Public Art Public art must be included in all new development on sites over 15,000sqm. A site specific Arts Plan is to be included in a Stage 1 DA or Master Plan and submitted together with the DA.

The development was lodged prior to the adoption of this part of the DCP and is therefore, not required to provide public art. However, the redevelopment of the existing shopping centre would require the provision of public art.

N/A To be addressed in a future DA’s for Stages 2 & 3.



ITEM 2 (continued) Control Comments Compliance Implementation Implementation of the Master

Plan will be programmed around three broad stages as outlined below: Stage 1 – Eastern Retail Precinct. This is the subject of the current application. Stage 2 – Herring Road Urban Interface and Town Square/Railway Station Stage 2 will comprise the works along the Herring Road frontage and public domain works associated with the new Town Centre and integration with the new railway station. Stages 3 onwards – Commercial/Mixed Use Development Longer term development envisaged under the conceptual master plan will be the establishment of commercial/mixed use development centred around the western perimeter of the shopping centre site. The development proposal which is the subject of this application can proceed in the absence of the finalised Master Plan on the basis that the development is consistent with, and promotes the principles of the draft Master Plan.

Yes Stages 2 & 3 will be subject to separate DA’s.



ITEM 2 (continued) Control Comments Compliance s6.0 – Site & Building Design 6.1 – General Built Form Controls Height Controls Building heights are to comply with the RPSO and Ryde LEP 2008, Amendment 1.

This matter has been satisfactorily addressed under the provisions of LEP No. 137.

Yes

Floor Space Ratio Controls Floor space ratios are to comply with the RPSO and Ryde LEP 2008, Amendment 1.

This matter has been satisfactorily addressed under the provisions of LEP No. 137.

Yes

Site Planning & Staging The development forms Stage 1 of a two stage redevelopment of the existing shopping centre. The Stage 1 development provides for an extension to the main centre which includes all primary open space areas due to its proximity to the train station. In this regard, all open space requirements will be addressed under a Stage 2 development application. The development includes a main entrance on the corner of Talavera Road (primary frontage) and the new north/south roadway.

Yes

Street Setbacks & Built-To Lines


Yes

Side & Rear Setbacks This matter has been considered under s4.3 – Macquarie University Station Precinct.

Yes



ITEM 2 (continued) Control Comments Compliance Building Separation Provide a minimum 20m separation between buildings facing each other within a site. Provide a minimum 10m separation between buildings perpendicular to each other within a site. This reduced building separation control only applies where the width of the facing facades do not exceed 20m.

The development involves the physical extension of the existing shopping centre and therefore does not provide a 10m separation between buildings. The eastern side of the development provides a minimum building separation of 30m. This is due to the incorporation of a 20m wide new roadway and the current setback of the neighbouring building at No. 55 Talavera Road. Future development of the neighbouring site will require a setback commensurate with the 20m building separation requirement.

Yes

Building Bulk This control aims to regulate the bulk of buildings over eight storeys. The development does not exceed a building height of eight storeys at any point. The area where the building does reach a height of eight storeys is existing and accommodates the multi-storey car parking and, as such, will remain visually permeable.

Yes

Site Coverage & Deep Soil Areas Deep soil must be at least 2m deep. For the purpose of calculating deep soil areas, only areas with a minimum dimension of 20m x 10m may be included.

The development is constrained by the limited site area and the extent of the existing multi-storey car park to the west (the retention and modification of which forms part of this development). Deep soil planting has been provided around the edges of the development but this is limited in area.

N/A To be addressed in future DA’s for Stages 2 & 3.



ITEM 2 (continued) Control Comments Compliance Where a site falls within a special precinct a minimum 15% of the developable area of a site must be provided as deep soil area.

The incorporation of the required 15% deep soil planting zone would be appropriate in the development of Stage 2 which includes open space areas adjacent to the train station.

Building Articulation Facades are to be composed with an appropriate scale, rhythm and proportion, which respond to the building use.

The Talavera facade has been designed to compliment and improve the northern façade of the existing shopping centre. The building bulk and scale are articulated such that the development achieves a visual rhythm and proportion to the existing and proposed building use. The Waterloo Road façade includes glazing at ground level and a combination of pre-cast concrete and steel blades to conceal the recessed multi-storey car parking area and supermarket above. Currently the aging concrete multi-storey car parking area is exposed to the street which creates a visually unattractive appearance. The proposed façade treatments, together with the incorporation of a café at the ground level, will improve the visual appearance and activation of the building use to the street and provide an effective architectural transition from the shopping centre to the neighbouring commercial uses along waterloo Road.

Yes

Ceiling Heights The development achieves a minimum ceiling height of 2.8m per upper level and a minimum ceiling height of 3.6m at ground level.

Yes



ITEM 2 (continued) Control Comments Compliance Active Frontages This control refers to figure

4.5.94 in the DCP which indicates that Waterloo Road is a primary active edge and Talavera Road (and the new north-south roadway) is a secondary active edge. Relevant active uses are defined as shop fronts, retail/service facilities with a street entrance or a café/restaurant with a street entrance. The development includes a fully glazed café in the Waterloo Road primary active edge which is located adjacent to the pedestrian access/egress to the shopping centre. The co-location of these two elements will introduce a vibrant social gathering element into an otherwise neutral streetscape. The Talavera Road façade include a raised promenade which extends along the length of the façade. The promenade rises from ground level as it moves towards the west due to the topography of Talavera Road. This promenade has direct access from the Talavera Road entrance and from the northern side of the shopping centre retail area and provides the potential for kiosk/café uses which will activate the use of the promenade as a social gathering space. The Waterloo Road and Talavera Road street entrance are both provided with continuous awnings.

Yes



ITEM 2 (continued) Control Comments Compliance Awnings & Canopies Continuous awnings are

provided at the pedestrian entry points on Waterloo Road and Talavera Road. Permanent shade structures over the north-facing promenade (adjacent to Talavera Road) can be considered separately as the use of such areas of the centre become more defined.

Yes

Topography & Building Interface

The visual impact of the proposed building interface is exacerbated by the topography of Talavera Road which drops approximately 14m into a valley which aligns with the existing central roadway. The proposed building height and form are both influenced by the height and form of the existing shopping centre to the west to which this development forms an extension. In this regard, a level transition (in the form of a step-down) is not feasible as this would disrupt the functional and architectural relationship of the existing shopping centre to the development as the respective floor levels have been ‘matched’ to correspond with the existing centre thereby facilitating level pedestrian and vehicular access and movement.

Yes



ITEM 2 (continued) Control Comments Compliance Advertising Signage Where active frontages are shown, a signage zone is allocated which may accommodate advertising signage below continuous street awnings.

The application does not seek approval for signage. Rather, the application includes allocated areas nominated as ‘signage zones’ (see Plan DA2002(A) dated 19/12/2007). These zones are commensurate with the requirements under the DCP and minimise the amount of signage on the active frontages of Talavera Road and Waterloo Road. Any additional signage will be required to be considered under a separate development application. A condition will be imposed to address this.

Yes Subject to condition (see Section 6 – Operational; Condition No. 4)

Environmental Performance Additional floor space may be permitted within a development where the building can demonstrate design excellence and environmental sustainability. For consideration of the additional floor space a minimum 5 Green Star – Green Building Council of Australia (GBCA) should be provided.

The development proposes a 4.5 ABGR green-star rating which is considered by the Green Building Council of Australia to be a pest practice outcome for a shopping centre. It should be noted that the green star rating tool for a shopping centre is not yet formalised and remains a ‘pilot’ tool only until further advised by the Green Building Council of Australia. Additionally, conditions have been imposed which require the development to satisfy Water Sensitive Urban Design principles and for the installation of energy and water saving devices.

Yes



ITEM 2 (continued) Control Comments Compliance Wind Impact Buildings shall not create uncomfortable of unsafe wind conditions in the public domain which exceeds the Acceptable Criteria for Environmental Wind conditions. All applications for buildings over 5 storeys in height shall be accompanied with a wind environment statement.

A Wind Impact Statement is not required for this development as the height of the built form ranges from the proposed two storeys (at the corner of Talavera Road and the new north/south roadway) to eight storeys. The eight storey component includes the existing car park and thereby does not exacerbate the existing situation in terms of wind impact.

N/A

Noise & Vibration An Acoustic Impact Assessment report prepared by a suitably qualified acoustic consultant is required to be submitted with all development applications for commercial, industrial, retail and community buildings, with the exception of applications minor building alterations.

An acoustic assessment has been provided (prepared by Acoustic Logic Consultancy – see Appendix K of the SEE) which briefly discusses potential noise resulting from construction activities. Given the continuing use of the development as a shopping centre, and its location within a defined commercial area, it is doubtful that any noise resulting from the use would be offensive to other nearby uses or to the Corridor generally. Notwithstanding, suitable conditions will be imposed which will regulate noise generated during the construction stage.

Yes Subject to conditions.

6.2 – Private & Communal Open Space Landscaping & Communal Courtyards

The development includes landscaping along the Talavera Road frontage and a public terrace adjacent to the entrance.

Yes To also be addressed in a future DA for Stage 2.



ITEM 2 (continued) Control Comments Compliance Landscaping etc (contd) However, the focal area for

communal space is within the colonnade adjacent to the railway station on the corner of Herring Road and Waterloo Road. This will be addressed under a future Stage 2 DA.

Pedestrian Through-Site Links


Yes

6.3 – Services & Site Management Floodplain Management All stormwater leaving the site, at any time, up to a 1-in-20 year stormwater event, is treated/filtered in accordance with ANZECC Guidelines for Urban Stormwater management. Development must not increase peak stormwater flows for rainfall events of up to 1-in-2 year storm. At least 90% of the water requirement for landscape irrigation is to be sourced from on-site rainwater collection or recycled site water.

This matter has been addressed by Council’s Manager Catchment & Assets via conditions.

Yes Subject to conditions (see Part 1 – Conditions relating to a Deferred Commencement; Condition No. 1)

Stormwater Drainage Development shall comply with the requirements outlined in the Stormwater Drainage Section of the DCP.

This matter has been addressed by Council’s Development Engineer subject to conditions.


Waste Management All applications for demolition and development must be accompanied by a Waste Management Plan that specifies the type of waste to be produced and the proposed arrangements for ongoing waste management, collection and disposal.

A Waste Management Plan has not been submitted with the application. A condition will be imposed requiring the submission of an Waste Management Plan prior to and during demolition and construction..

Yes Subject to condition (see Section 4 – Prior to and during Demolition and Construction; Condition No. 49)



ITEM 2 (continued) Control Comments Compliance Waste Management (contd) Developments are encouraged to provide a compactor, crusher or composter to reduce the bulk of waste leaving the site.

Soil Management An Erosion and Sediment Control Plan (ESCP), prepared by a suitably qualified environmental engineer, is required to be submitted in support of all development proposals requiring development consent under the RLEP including demolition, excavation, trenching and building.

An Erosion and Sediment Control Plan has not been submitted with the application. A condition will be imposed requiring the submission of an Erosion and Sediment Control Plan prior to the issuing of a Construction Certificate.

Yes Subject to condition (see Section 2 – Prior to Construction Certificate; Condition No. 29)

Site Contamination Prior to the submission of subdivision and development applications, a suitably qualified environmental engineer on behalf of the applicant is to assess whether the subject land is contaminated.

Council’s Environmental Health Officer has examined the proposal and states that an initial evaluation based upon readily available information indicates that land contamination is not an issue. Suitable conditions have been imposed under Section 4 – Prior to and during Demolition and Construction which require the safe disposal of any asbestos waste which may be discovered during the demolition works.

Yes Subject to conditions. See Section 4 – Prior to and during Demolition and Construction

Site Facilities Vehicular access to loading facilities is to be provided from secondary and tertiary streets where possible. Rubbish and recycling areas must be provided in accordance with the DCP. These areas must::

The development includes two loading docks. The larger loading dock is located to the rear of the development (relative to Talavera Road) and is accessed via the secondary roadway system which extends along the eastern and southern side of the development.

Yes



ITEM 2 (continued) Control Comments Compliance Site Facilities (contd) • Be integrated with the

development. • Minimise the visibility of the

these facilities from the street.

• Be located away from openable windows to habitable rooms.

Barrier free access is to be provided to all shared facilities.

Provide at least one shower and changing facility that is accessible to the building users.

The smaller loading dock is located to the front of the development facing Talavera Road and accessed directly from that road. Council’s Environmental Health Officer has reviewed the application and has raised no objection to the proposed provision rubbish and recycling facilities, none of which are visible from the street network. A dedicated shower & change facility is included on level 1A for staff.

Vehicular Access Vehicular access is not permitted along streets identified as ‘Active Frontages’. Where practicable, vehicle access is to be from secondary streets.

The development includes an access point to the small loading dock from Talavera Road. The inclusion of this loading dock was seen as important in the operation of this part of the centre to service the major tenant located directly above. All other vehicular access is via the new north-south roadway and access ramp located along the eastern side of the development. The existing egress point from the central roadway will remain unaltered.

Yes

On-Site Parking Safe and secure 24 hour access to car parking areas is to be provided for building users. Parking areas must not be located within the front, side or rear setbacks.

The development provides new and reorganised car parking areas within the building footprint and screened from view from the streetscape. The number of car parking spaces complies with the numerical requirements under the DCP for a retail use.




ITEM 2 (continued) Control Comments Compliance Parking areas are to be screened from view from the street, public domain and communal open space areas, using site planning and appropriate screen planting or structures. Provide safe and direct access from parking areas to building entry points. Provide appropriate mature vegetation between parking bays to provide shade and enhance visual impact.

Ventilation grills or screening devices of car park openings are to be integrated into the overall façade and landscape design of the development.

The internal arrangement of the car parking areas have been designed to facilitate safe pedestrian movement throughout. Because of the multi-storey nature of the centre (and the car parking) there is no opportunity to provide landscaping with mature vegetation between parking bays. The NSW Police have provided comments pertaining to user safety and protection of property which will be incorporated into suitable conditions of consent

Other provisions Part 7.1 – Energy Smart/Water Wise The objectives of this part are: • To encourage the design of energy efficient buildings in the City of Ryde; • To ensure site planning and building design optimise solar access to land and

buildings; • To decrease the total energy use in buildings through reductions in heat loss and

energy consumption for the purposes of heating and cooling; and • To encourage the construction and use of buildings that reduce the current level

of attributed greenhouse gas emissions and natural resource consumption. In this respect, the development is subject to the following criteria identified under Section 2.4 – New Shops, Industrial and Commercial Premises (Involving a Gross Floor Area of Greater than 1000sqm). The development is subject to the following controls:



ITEM 2 (continued) • The total anticipated energy consumption for the base building is no greater than

450 Mega Joules/annum/metre square [MJ/am²] (commercial) and 900 Mega Joules/annum/metre square [MJ/am²] (retail).

• Where a hot water system is of domestic/residential scale it must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase.

• Water Efficient Fixtures: showerheads and toilet cisterns shall be at least AAA

rated water efficient; bathroom and kitchen taps shall have to be fitted with aerators; and water closets shall have a dual flush cistern.

• The use of electrical appliances such as dishwashers, refrigerators, freezers, and

washing machines with a minimum Energy Star Rating of 3.5 Stars are encouraged.

• The installation of energy efficient lighting, motion detectors and dimmers are

encouraged. The development proposes a 4.0 - 4.5 green-star rating. Council’s Manager Environment has imposed conditions which address Water Sensitive Urban Design (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 3) which have been agreed upon with the applicant. Standard conditions have also been imposed which require the installation of energy and water efficient fittings as prescribed under this part. Part 7.2 – Waste Minimisation & Management The objectives of this part are to: • Assist in achieving Federal and State Government waste minimisation targets in

accordance with regional waste plans; • Minimise the overall environmental impacts of waste and foster the principles of

ecologically sustainable development (ESD); • Require source separation, design and location standards which compliment

waste collection and management services offered by Council and private service providers;

• Encourage building designs and construction techniques which will minimise

future waste generation; • Provide on-going management of waste handling and minimisation in premises;

and • Provide advice to intending applicants on:



ITEM 2 (continued)

o Matters to be considered when assessing the waste implications of development applications made under the Environmental Planning and Assessment Act;

o How to prepare waste management plans;

o How to reduce and handle waste during the demolition and construction

phase. As pointed out above, Council’s Manager Environment has imposed conditions which address Water Sensitive Urban Design which will ensure that the development will foster the principles of ESD (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 3) which have been agreed upon with the applicant. Additionally, a condition has been imposed which requires the applicant to submit a Waste Management Plan for the demolition of the existing commercial building and to address on-site operational waster management (see Section 4 – Prior to and During Demolition and Construction: Condition No. 49) Part 8.1 – Construction Activities The objectives of this part are to: • Encourage consideration of Ecologically Sustainable Development (ESD) and Site

Management when developing a site; • Ensure adequate controls are in place on or near a site to minimise the impact of

construction activities on adjoining properties; • Provide requirements and advice to applicants in regard to site management; • To improve water quality of creeks and receiving waters (Lane Cove River or

Parramatta River); and • To ensure public health and safety is maintained. Conditions have been imposed which require the submission of a Construction Management Plan which addresses traffic movement of trucks and service vehicles, methods used in maintaining environmental quality and measurements taken to ensure public health and safety (see Section 3 – Prior to Commencement: Condition No. 3 and Section 7 – RTA Conditions: Condition No. 7). Part 8.2 – Stormwater Management The objectives of this part are to: • Encourage consideration of Ecologically Sustainable development and Catchment

management while providing requirements for water management when developing the site.



ITEM 2 (continued) • Ensure adequate detention of stormwater on site, as a minimum, and integrate

quality treatment where possible. • Provide requirements and advice to applicants in regard to water management. • Improve water quality within the City of Ryde and to the receiving waters. • To ensure no increase (and where reasonable as reduction) in the frequency and

adversity of flooding. • To ensure public health and safety is maintained. Council’s Development and Drainage Engineers have reviewed the application and have imposed various conditions which address the relevant sections of this part. Part 9.1 – Advertising Signs The objectives of this part are to: • To provide guidelines for the erection and display of advertisements and

advertising structures. • To maintain a balance between the established built form and character of the

streetscape and commercial need to advertise goods and services. • To ensure that advertisements and advertising structures erected or displayed do

not intrude into and detrimentally affect the visual amenity of the area. • To ensure that advertisements and advertising structures erected or displayed are

compatible with the architectural style and size of the building and are compatible with the adjoining built environment.

• To prevent visual clutter through the proliferation of advertisements and

advertising signs do not disrupt vehicular or pedestrian flows. • To ensure the distinctive urban character and amenity of the City of Ryde is

maintained. The current application does not propose any signage. Separate applications will be made to Council for business identification signage associated with future occupants of the development. A condition has been imposed which requires any signage not included as part of this application to be subject to a further development application (see Section 6 – Operational; Condition No. 4).



ITEM 2 (continued) Part 9.2 – Access for People with Disabilities The objectives of this part are to: • Ensure that builders, developers and others provide access for people with

disabilities in new and refurbished premises as required by the Disability Discrimination Act, 1992;

• Provide design criteria that achieves access for people with disabilities; and • Promote the concept of an accessible environment for the whole community. : A condition has been imposed which requires access for persons with a disability to comply with Part D3 of the Building Code of Australia and the standards set out in AS 1428.1 (see Section 1 – General; Condition No. 16). Additionally, the recommendation made by Elton Consulting regard the provision of 160 wide bay parking spaces has also been imposed as a condition of consent (see Section 1 – General; Condition No. 10) Part 9.3 – Car Parking The development is defined as a retail use and, as such, is subject to the car parking provisions contained in the DCP. As the development involves an extension to the exiting shopping centre (and which subsequently includes the majority of on-site car parking) the car parking provision has been calculated to encompass the needs of the entire shopping centre. Control Required Provided Compliant General Retail Use 1/25sqm floor area

accessible to the public. Therefore, 129,500sqm publicly accessible floor area for the entire centre = total 5,180 spaces.

5,344 spaces for entire centre.

Yes Surplus = 164 spaces.

A condition has been imposed which requires the development to provide a maximum of 2,164 on-site car spaces with a maximum 5,344 on-site car spaces to be provided for the centre as a whole (see Section 1 – General; Condition No. 9). Section 94 Development Contributions Plan 2007 Council’s Section 94 Development Contributions Plan 2007 applies to the subject site. The following contributions would be payable under the requirements of the plan.



ITEM 2 (continued)

A. Contribution Item GFA (sqm) B. Payable Community and Cultural Facilities ($16.00/sqm)

30,374 485,984.00

Civic and Urban Improvements ($15.68/sqm)

30,374 476,264.32

Roads and Traffic Management Facilities ($32.99/sqm)

30,374 1,002,038.20

Cycleways ($2.16/sqm) 30,374 65,607.84 Stormwater Management Facilities Strategy Plan ($3.84/sqm)

30,374 116,636.16

Plan Administration ($0.58/sqm)

30,374 17,616.92

Total ($71.25/sqm) 30,374 $2,164,147.50 A condition of consent requiring the payment of the above amount has been imposed together with a requirement for the applicant to provide supporting information from a qualified surveyor of area to be demolished (see Section 2 – Prior to Construction Certificate; Condition No. 1). 9. Likely impacts of the Development (a) Built Environment Economic The applicant has provided an economic impact assessment prepared by Pitney Bowes Mapinfo (see Macquarie Centre, Sydney – Economic Impact Assessment, dated December 2007) which concludes that: …the likely trading impacts on other retailers throughout the total trade area [an area which has a radius of approximately 5 – 6km from the centre] that can be anticipated from the expansion of the Macquarie Centre will no threaten the viability or continued operation of any centres. A number of approved developments will impact on the future performance of Macquarie Centre, particularly the approved expansion of Top Ryde Shopping Centre. The proposed redevelopment of Macquarie Centre will result in a retail development more comparable to other regional shopping centres in the surrounding area and allow it to compete more effectively with these redeveloped centres. In addition, the expansion of Macquarie Centre will reinforce the hierarchy within the Ryde municipality including a regional shopping centre (Macquarie Centre) and a Town Centre at Top Ryde. If the centre is not expanded, Top Ryde will be of a similar size and scale to Macquarie Centre, impacting on the retail hierarchy.



ITEM 2 (continued) The Pitney Bowes Mapinfo assessment was reviewed by Macroplan Australia (dated March 2008) on behalf of the objector (Bevillesta Pty Ltd). In that review, Macroplan concludes that the approval of Stage 1 does not represent proper and orderly planning at this time as it has the potential to impact upon the current and future retail function of the Top Ryde centre, currently under construction. Macroplan suggest that the continued position of strength in the retail hierarchy by the Macquarie Park centre will not be eroded by a delay in the proposed expansion. In this regard, Macroplan suggest that a delay in the supply and tenanting of the retail component of Top Ryde could have the following negative impacts: • A delay in the sales rates of apartments as purchasers of higher density housing

are generally sensitive to a lack of surrounding retailing. • A delay in the absorption of office floorspace as key commercial tenants delay

their decisions to occupy the centre. Therefore, Macroplan state that either of these impacts could influence the viability of the new centre and undermine its ability to operate as a genuine mixed-use centre in the framework envisaged under the Sydney Metro Strategy. In order to gain clarity on this matter, Council commissioned an independent review of the above assessments by Hill PDA (dated 9 April 2008). In that review Hill PDA concludes that as: • The predominant uses in the expanded Macquarie Centre will be a David Jones

department store, fashion stores and other speciality store types that are under-represented in the Macquarie Park primary trade area, and the Ryde LGA;

• The economic impacts (in terms of loss of trade) on any one retail centre will not

detrimentally affect it; and • The impact on Top Ryde shopping centre will not be significant enough to result

in social detriment. Then, we see no valid reason for refusal of the application on the grounds of economic impact. A further review of the Macroplan assessment was conducted by Pitney Bowes Mapinfo (dated 18 May 2008) who confirm their earlier comments, and those provided by Hill PDA above, that the development would not threaten the ongoing viability or future expansion potential of any competitive centres, including the Top Ryde centre.



ITEM 2 (continued) Social The development forms Stage 1 of a future three stage redevelopment of the Macquarie Park Shopping Centre. The social contribution of the development should therefore be considered in its entirety as the redevelopment of the existing shopping will seek to improve the current level of facilities which service the social needs of patrons and the surrounding community. The future centre will incorporate enhanced public open space and pedestrian movement networks at the western side of the centre, adjacent to Herring Road and the train station/bus interchange. In addition, the future centre will incorporate a new community facility in the form of a library which will be operated by Council. The combination of the above elements, together with the completion of the Epping-Chatswood train line (and the train station within the south-western corner of the centre forecourt) will further emphasise the relevance of the future colonnade as a place for meeting and social gathering. (b) Natural Environment The development has been designed to achieve a 4.5 ABGR green-star rating which signifies ‘Best Practice’. This, in conjunction with the measures imposed by Council’s Manager Environment which address Water Sensitive Urban Design and additional conditions which require the installation of energy and water efficient fittings will ensure that the development will foster the principles of ESD. Additionally, the improved water sensitive design will ensure that the development operates in an environmentally sensitive manner which will provide a long-term public benefit to the improving of water quality in the Shrimpton’s Creek catchment As previously indicated in this report, this development is for Stage 1 of the redevelopment of the entire centre, which will be realised under a future Stage 2 application. In this regard, the Stage 1 development will create a benchmark for the development of Stage 2 which will ultimately result in an energy and water efficient shopping centre. 10. Suitability of the site for the development The development proposes to extend the area of the existing shopping centre onto a site currently occupied by a building used for commercial purposes. The change in the use of the site is consistent with the zoning requirements under the RPSO (as amended by LEP No. 137) and with strategic objectives of Part 4.5 of the DCP 2006 (specifically Section 4.3 – Macquarie University Station Precinct).



ITEM 2 (continued) Given the continued use of the property for commercial purposes, the site is unlikely to contain contamination which would adversely impact upon the proposed use. However, a condition will be imposed which requires the preparation of a Phase 2 investigation report by the applicant, to be submitted to Council prior to the commencement of construction, to confirm that the site is suitable for the proposed development. The site is considered to be suitable for the development. 11. The Public Interest The development forms the first stage of an ongoing redevelopment of the existing shopping centre. The following stages will include the provision of new public open space areas (ie train station colonnade) and community facilities (ie library) which are considered to be in the public interest as they form a benefit which will enhance socialisation and learning opportunities for the local and transient public using the centre. Additionally, compliance with Water Sensitive Urban Design will set the standard for the future redevelopment of the centre and for other large-scale commercial developments in the Corridor and will ensure that the development operates in an environmentally sensitive manner which will provide a long-term public benefit to the improving of water quality in the Shrimpton’s Creek catchment. 12. Management Plan Linkages Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2011):

P1 A vibrant city that is economically strong and engages its community through

cultural and social activities. The development will increase opportunities for social and economic activity which, in turn, together with improved transport connectivity, will enhance the vibrancy of the city as a regional community focal point. P2 A city that plans for people by involving them in decision making to improve their

quality of life. The proposal was advertised in the Northern District Times on 23 January 2008 and notified to 1,528 surrounding property owners between 15 January 2008 and 7 February 2008 in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications.



ITEM 2 (continued) Four submissions were received in response to the advertising/notification and have been addressed in this report. This matter has no direct relationship to this key outcome area.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2008-2011):

E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use. The measures imposed by Council’s Manager Environment which address Water Sensitive Urban Design and additional conditions which require the installation of energy and water efficient fittings will ensure that the development will foster the principles of ESD. Additionally, the improved water sensitive design will ensure that the development operates in an environmentally sensitive manner which will provide a long-term public benefit to the improving of water quality in the Shrimpton’s Creek catchment. As previously indicated in this report, this development is for Stage 1 of the redevelopment of the entire centre, which will be realised under a future Stage 2 application. In this regard, the Stage 1 development will create a benchmark for the development of Stage 2 which will ultimately result in an energy and water efficient shopping centre. A condition has been imposed which requires the applicant to submit a waste Management Plan for the demolition of the existing commercial building and to address on-site operational waster management. Conditions have also been imposed which require the submission of a Construction Management Plan which addresses traffic movement of trucks and service vehicles, methods used in maintaining environmental quality and measurements taken to ensure public health and safety.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):



ITEM 2 (continued) G2 Members of the community are engaged in democratic decision making. The proposal was advertised in the Northern District Times on 23 January 2008 and notified to 1,528 surrounding property owners between 15 January 2008 and 7 February 2008 in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. Four submissions were received in response to the advertising/notification and have been addressed in this report. G5 Compliance with all legislative requirements and statutory obligations. The development has been assessed against all the relevant legislative requirements and has been found to comply with exception to a minor encroachment in building height. This was satisfactorily addressed through an objection made under SEPP No. 1. 13. Consultation – Internal and External Internal Referrals: Development Engineer Council’s Development Engineer raised no objection to the proposal subject to the imposition of conditions made under deferred commencement and standard conditions which have been agreed upon with the applicant. Catchment and Assets Council’s Manager Catchment & Assets raised no objection to the proposal subject to the imposition of conditions made under deferred commencement which have been agreed upon with the applicant. Traffic Engineer Council’s Traffic Engineer has provided the following comments: East Side Road • The final cross section does not allow for a 5m set back as required by the

Macquarie Park Public Domain Manual. The application was prepared and submitted in December 2007, prior to the adoption of the current DCP in June 2008. At the time of preparation and submission, the application was designed to comply with the provisions of the RPSO and DCP 2006 (which, at the time, did not include Part 4.5 – Macquarie Park Corridor).



ITEM 2 (continued) • Trucks cannot turn through the intersection of this road and the south side road

without crossing to the wrong side of the road – this needs to be rectified. This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(2)). • Further road works to provide the final section to be covered by a covenant on

the title of the property. This comment refers to the future road works which will occur on the neighbouring property to the north. As the developer does not own this property it would be onerous to impose a condition within a consent which requires the final section of road works to be covered by a covenant on the title of the property. • Details of the sight distance to be provided at the intersection of the east and

south road. This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(2i)). • Are there any issues relating to the removal of rock anchors when the final road

cross section is constructed? This is a matter which will be addressed when the final road section is proposed for construction through a future development application for the respective neighbouring properties. • Turning templates shall be provided to confirm vehicular access requirements. This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(2ii)). Talavera Road Within a relatively short distance there is a left in-left out entrance/exit to the car park, a left in – left out truck access to a loading dock, a major entrance/exit to the car park providing for all traffic movements and a left in – left out entrance /exit to the adjoining property on the eastern side of the development and a left in left out entrance exit to a property on the northern side of Talavera Rd immediately to the east of the site. This is all proposed along a section of road carrying relatively high traffic volumes (18000 – 19000 AADT). The gradient of the road is approximately 8-9%? The footpath adjacent to the development is a combined footpath/ cycleway, 2.5m wide, and is well used by pedestrians.



ITEM 2 (continued) There is potential for a considerable amount of conflict between vehicles turning into and out of the development site and vehicles turning into/out of the adjacent site on the eastern side and possibly with the entry/exit of vehicles using the driveway on the northern side of Talavera Rd just to the east of the development site. Widening of the road pavement to provide right hand turning lane for traffic travelling east along Talavera Rd and turning right into the development site. It is noted that the RTA indicated that it cannot support the installation of traffic signals at the intersection of Talavera Rd and the east side road although the interim and final intersection configurations must provide for the eventual installation of traffic signals. It is considered that Council cannot support this proposal on safety grounds without the installation of traffic signals. It is considered that this matter should be directed to the Ryde Traffic Committee (RTC) for consideration of the Traffic issues associated with this development. This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(1)). Other issues and comments are as follows: • The issue relating to the driveway to the property on the eastern side of the

development site needs to be resolved. This comment refers to the driveway at the neighbouring property to the north (No. 55 Talavera Road) and concern that the inclusion of the new east roadway will create a traffic conflict at the junction. This matter has been addressed via condition which requires the installation of traffic lights at the intersection of the new east roadway and Talavera Road (which is in close proximity to the subject driveway). This is seen as a viable solution which would slow traffic such that appropriate navigation would be possible into/out of the driveway (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(1)). • The issue relating to the driveway on the northern side of Talavera Rd

immediately east of the development site also needs to be reviewed. Both issues raised above are subject to clarification through a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). • There has been no provision to ensure safe pedestrian and cycle access across

the frontage of the property. This was an issue also raised by the NSW Police Force.



ITEM 2 (continued) The pedestrian/bicycle access along Talavera Road was not considered to be problematic due to the new entry point to the shopping centre which would enable pedestrians and the like to travel from the eastern ridgeline of Talavera Road , through the shopping centre, to exit at the Herring Road entrance which includes the main bus interchange, university access and future link to the train station. This route would be considered to be an easier, and therefore more appealing, pedestrian and cyclist option than negotiating the valley along Talavera Road. Notwithstanding, the installation of traffic lights at the junction of Talavera Road and the new east road, together with controlled truck access into the new loading bay on Talavera Road, will minimise traffic/pedestrian/cyclist conflict. These solutions have been imposed as conditions (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(1) and Section 2 - Prior Construction Certificate: Condition No. 23). This matter has been addressed for the Waterloo Road frontage via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(3)). • It does not seem that there has been any provision for drop off and pick up from

taxis, STA buses, courtesy buses etc. and providing for disabled and elderly people along the Talavera Rd frontage. This situation needs to be planned with the relevant authorities.

It was not considered to be necessary to provide an additional drop off point along Talavera Road as the centre maintains its current drop off point at the main entrance on Herring Road. • Trucks entering the loading docks directly from Talavera Rd must do so from the

middle lane. This is considered to be dangerous. A similar situation occurs when trucks leave the site.

This matter has been addressed via conditions (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2(2) and Section 2 - Prior Construction Certificate: Condition No. 23). • Any widening of the road pavement is to incorporate the widening of the road

reserve along the southern side of Talavera Rd adjacent to the development site. The widening is to provide for a minimum traffic median island width of 1.2m and a minimum nature strip width of 4.5m.

The development does not propose the widening of the road pavement or reserve along the southern side of Talavera Road.



ITEM 2 (continued) • Trucks turning right into the east side road from Talavera Rd cross over the

middle travel lane of vehicles exiting the site. This needs to be resolved. This matter has been addressed via conditions (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2(2) and Section 2 - Prior Construction Certificate: Condition No. 23). • Appropriate splayed corners and possible road widening need to be provided at

the intersection of the east side and south side roads. This matter has been addressed via conditions (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(2). Waterloo Road • Due to the high pedestrian volumes, the proposed left hand turn into the existing

car park, east of the signalised major entrance, cannot be supported due to the potentially dangerous situation created for pedestrians.

This matter has been addressed for the Waterloo Road frontage via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(3)). • Widening of this exit is also not supported as any widening will increase the

speed of vehicles and consequently increase the hazard for pedestrians. The development, nor proposed conditions, include the widening of the Waterloo Road exit. • Details of the proposed extension of the right hand turning lanes into MSC have

not been sighted and must be approved by Council prior to the issue of a Construction Certificate.

This matter has been addressed for the Waterloo Road frontage via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(3)). Herring Road • Details of the proposed extension of the right hand turning lanes into Waterloo Rd

have not been sighted and must be approved by Council before the issue of a Construction Certificate

This matter has been addressed via a condition made by the RTA (see Section 7 – RTA Conditions: Condition No. 1).



ITEM 2 (continued) South Side Road • Issues relating to trucks travelling on the wrong side of the road at the

intersection with the east side road and the entry/exit to the loading dock need to be resolved.

This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a(2)). • The levels of the proposed road need to be reviewed dependant on the final

outcome on whether the proposed road meets the intention/ requirement of the Macquarie Park DCP.

This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2a). • The issue relating to the impact on rock anchors when the final cross road

section is provided need to be advised. This is a matter which will be addressed when the final road section is proposed for construction through a future development application for the respective neighbouring properties. • The final cross section does not allow for a 5m set back as required by the

Macquarie Park DCP. The application was prepared and submitted in December 2007, prior to the adoption of the current DCP in June 2008. At the time of preparation and submission, the application was designed to comply with the provisions of the RPSO and DCP 2006 (which, at the time, did not include Part 4.5 – Macquarie Park Corridor). • The final cross section also does not comply with the Macquarie Park Public

Domain Manual. This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2b). General • Does the south side road that is currently proposed to end at a loading dock

comply with the proposed network detailed in the Macquarie Park DCP. The location and width of the proposed southern roadway corresponds with the location and width required under DCP 2006.



ITEM 2 (continued) • A design of the proposed South Road is required from the East Road to

Khartoum Road to determine whether the proposed levels at the intersection with the east side road are appropriate.

The design of the proposed south road is for the limitations of the subject site only. It would be considered to be onerous to impose a requirement that the developer design the southern roadway in its entirety from the new east road to Khartoum Road. Further extensions eastward to Khartoum Road should be the subject of future development applications submitted by respective landowners. • Public Domain works as detailed in the Macquarie Park Technical Public Domain

Manual shall be provided along the proposed East and South Roads as well as along the Talavera Road frontage of the site and between the Exit Ramp and the main entrance road in Waterloo Road.

This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2b). • All public domain works shall be constructed in accordance with the Macquarie

Park Technical Public Domain Manual including granite paving, smart poles, street furniture, street signage etc. All distribution boards, electrical connection boxes and metering boxes associated with the proposed street lighting schemes shall be located clear of the road reserve on the development site.

This matter has been addressed via a condition made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2b). • All road and storm water construction to be designed and constructed in

accordance with Council’s standards and must be finalised and approved by Council prior to the issue of the Construction Certificate.

Conditions have been imposed to address the above comments (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2 and Section 7 – RTA Conditions). Building Surveyor Council’s Building Surveyor raised no objection to the proposal subject to the imposition of standard conditions which have been agreed upon with the applicant. Environmental Health Officer Council’s Environmental Health Officer raised no objection to the proposal subject to the imposition of standard conditions which have been agreed upon with the applicant.



ITEM 2 (continued) Environment The application was referred to Council’s Manager Environment who raised no objection to the proposal subject to the imposition of conditions made under deferred commencement (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 3) which have been agreed upon with the applicant. External Referrals Roads and Traffic Authority The application, which included a supplementary traffic report addressing the above concerns, was referred to the RTA on 27 May 2008 for comment only. Additional traffic modelling was also referred to the RTA on 8 July 2008 for comment only. The RTA initially referred the application to the ‘Sydney Regional Development Advisory Committee’ meeting on 7 August 2008 where the following comments were provided (received 11 August 2008): I. The RTA does not support the proposed signalisation of Talavera Road / New

East Road as part of the development proposal due to the fact that the traffic signal warrants are not met. However, this intersection should be appropriately designed to facilitate its potential future signalisation (ie: signal ducting should be provided).

Council should ensure that the developer provides a priority controlled intersection which permits all turning movements. The design of this intersection should incorporate the provision of an adequately designed right turn bay (of suitable length approx 50m) whilst maintaining two through lanes in both directions along Talavera Road and be designed to ensure that Entering Sight Distance (desirable) I Safe Intersection Sight Distance (minimum) are met in accordance with Austroads requirements.

Council’s Traffic Engineer, in conjunction with the advice received from the traffic consultant acting on behalf of the applicant, has recommended that traffic signals be installed at the above-mentioned intersection due to traffic safety concerns. As the recommendations provided by SRDAC are non-binding (ie for Council consideration only) it was considered appropriate to adhere to the recommendations provided by Council’s Traffic Engineer and impose suitable conditions to ensure that the intersection is designed to facilitate future signalisation (see Part 1 – Conditions Relating to a Deferred Commencement: Condition No. 2). 2. The submitted traffic modelling has indicated that in order to accommodate the

additional traffic from the development at the signalised intersection of Herring Road / Waterloo Road (TCS #1 798), the dual right turn bay turning from Herring Road into Waterloo Road (eastbound) would need to be lengthened by approximately 20m. Therefore this outer right turn lane should be lengthened (by the developer) to provide an additional 20m of storage + taper.



ITEM 2 (continued) This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 1). 3. The submitted traffic modelling has indicated that the existing right turn facility

turning right from the traffic signals at Waterloo Road into the Macquarie Centre Access would significantly queue out into the through lane along Waterloo Road and that there would be significant queues within the Shopping Centre's Access Road approach to the traffic signals for vehicles trying to leave the site as a result of the additional traffic from the development proposal.

To address this concern, the developer will be required to make the following changes to the traffic signals at Waterloo Road I Centre Access (TCS #3428): • Lengthen the existing right turn bay along Waterloo Road to provide for an

additional 50m of storage + taper. • Amend the lane designation within the Shopping Centre's Access Road

approach to Waterloo Road to the following ( LR / R).

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 2). 4. Concerns are raised with regard to the design of the entry/exit ramp connection to

the proposed new East Road. As this ramp connection is in such close proximity to the intersection of Talavera Road/New East Road, it is likely that during traffic trading peaks vehicles may queue back past this ramp connection thereby impeding right turning vehicles from entering the ramp from the proposed East Road. However, this situation would only occur in the future when East Road (south of the connection) would be accessible by general traffic.

Therefore, to address this concern it is recommended that access to this ramp be restricted to left turn movements only.

This issue relates to the future configuration of the new eastern roadway once developed to its full width and capacity. In this regard it would be considered to be onerous to impose a condition restricting vehicular access based upon a future scenario and should be addressed on the final development of the east roadway.

It should be noted that access into the subject ramp is currently restricted to left turn movement only due to the partial development of the new east roadway.

5. To prevent heavy vehicle/light vehicle conflicts, Council should ensure that the

half road construction of the proposed South Road does not permit a direct vehicular connection to the car park. This is due to the fact that (Drawing No: 065 l43C-12, Revision: A, Dated: 20/12/07) illustrates 9.Om articulated vehicles partially travelling along the wrong side of the road in order to enter/exit the loading dock.



ITEM 2 (continued)

However, the above matter could be reviewed in the future once the full width corridor for South Road and East Road are constructed.

This issue relates to the future configuration of the new southern roadway once developed to its full width and capacity. In this regard it would be considered to be onerous to impose a condition restricting vehicular access based upon a future scenario and should be addressed on the final development of the south roadway.

It should be noted that the plans, subject to approval, clearly indicate that vehicular access is not achievable into the car park from the new south roadway. 6. The proposed new loading docks should be appropriately managed to ensure that

there is minimal impedance shopping centre patrons during the PM and weekend traffic peaks. To address this matter the applicant should prepare and submit a Delivery Management Plan to Council for approval prior to the issue of a construction certificate.

This issue has been included as a condition (see Section 2 – Prior to Construction Certificate; Condition No. 23). 7. To improve the parking utilisation on the site, it is recommended that the

developer implement a dynamic signage system which indicates the location and availability of underutilised parking areas and the implementation of appropriate way finding signage. The dynamic signage system should form part of a Car Park Management Plan which is submitted to Council for approval prior to the issue of a construction certificate.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 3). 8. As there would be the potential in the future for pay parking (ie: boom gates)

within the site, the RTA would request that the developer ensure that key carpark entries I exists that form part of this proposal are appropriately designed to ensure that existing I future queuing areas and capacity requirements comply with Appendix D of AS 2890.1 - 2004.

Please Note: The applicant should be advised that should pay parking be pursued in the future then, in accordance with Section 65 of the Local Government (General) Regulation 2005, the concurrence of the Roads and Traffic Authority is required for the operation of a public car park.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 4).

9. Council should ensure that secure bicycle parking is provided on site together with

change facilities. The development includes, on Level 1A (see Plan No. DA1103(C)), adequate area dedicated to the provision of secure bicycle parking and staff change facilities.



ITEM 2 (continued) 10. Off street parking associated with the proposed development (including

driveways, ramp grades, aisle widths, aisle lengths, turning paths, sight distance requirements, and parking bay dimensions should be designed in accordance with AS 2890.1 – 2004 and AS 2890.2 - 2002 for loading areas.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 5). 11. The submitted heavy vehicle turn paths into the proposed loading areas must be

in accordance with AS 2890.2 - 2002 and to Council's satisfaction. This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 6). 12. The Police raised concerns with regard to pedestrian movements across Talavera

Road and the mixture of pedestrians and vehicles at the accesses. Additionally, Council also raised concerns with regard to the level of pedestrian and vehicular interaction at the existing accesses along Waterloo Road. The applicant should investigate and implement measures which will address or minimise these concerns.

The traffic engineer acting on behalf of the applicant has noted that:

a) Pedestrian movements across Talavera Road are currently provided at the traffic

signal controlled intersections with Khartoum Road and the main site access; and

b) Pedestrian access along the Waterloo Road frontage is provided by a footpath with pedestrian facilities at the main site access traffic signals and marked pedestrian crossing across the base at the speed ramp.

Notwithstanding the above comments, Council’s Development Engineer has considered it appropriate to refine the pedestrian/vehicular crossing on Waterloo Road by incorporating a slip lane, which includes traffic calming devices such as speed bumps. This is seen as a viable solution to providing an appropriate level of pedestrian safety.

This issue has been included as a condition (see Part 1 – Conditions relating to a Deferred Commencement; Condition No. 2). 13. Safety concerns were raised with regard to the proposed pedestrian/bicycle path

which would run through the car park.



ITEM 2 (continued) The plans have since been amended to remove the bicycle path through the car park and central roadway. 14. A Construction Management Plan is to be submitted to Council for approval prior

to the issue of a construction certificate indicating that the construction staging provides adequate on-site parking to meet the current shopper demand or how any parking shortfalls will be appropriately managed. In addition, this plan should also provide details on appropriate haulage routes for demolition I construction vehicles and how such vehicles will be appropriately managed.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 7). 15. The proposed changes to the signalised intersections at Herring Road / Waterloo

Road and Waterloo Road I Site Access shall be designed to meet the RTA's requirements, and be endorsed by a suitably qualified and chartered Engineer (i.e. who is registered with the Institute of Engineers, Australia). The design requirements (where applicable) shall be in accordance with the RTA's Road Design Guide and other Australian Codes of Practice. The certified copies of the traffic signal design plans shall be submitted to the RTA for consideration and approval prior to the release of the construction certificate by Council and commencement of road works.

The RTA fees for administration, plan checking, traffic signal works inspections and project management shall be paid by the developer prior to the commencement of works. The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. If required, please note that the Works Authorisation Deed (WAD) will need to be executed prior to the RTA's assessment of the detailed traffic signal design plans.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 8).

16. The developer shall be responsible for all public utility adjustment/relocation

works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 9). 17. All works/regulatory signposting associated with the proposed development shall

be at no cost to the RTA. This issue has been included as a condition (see Section 7 – RTA Conditions; Condition No. 10).



ITEM 2 (continued) NSW Police NSW Police have assessed the application under the provisions of CPTED and raise no objections subject to standard safety and security conditions which have been agreed upon with the applicant. Access Consultant The recommendations contained in the above-mentioned Morris-Goding Accessibility Review have been imposed as conditions of consent. Additionally, the recommendation made by Elton Consulting regard the provision of 160 wide bay parking spaces has also been included as a condition of consent (see Section 1 – General; Condition No. 10) which has been agreed upon with the applicant. Urban Design Review Panel The application was referred to Council’s Urban Design Review Panel. At their meeting on 27 February 2008 the following comments were provided: 1. Interface with the new rail station:

The new station is an important piece of public infrastructure that will be a focus to activity and identity in the area. The panel noted that little in the current proposal relates or connects to this new station. The panel notes that this is partly a consequence of the necessary focus on the expanded shopping centre site to the east, but it is equally important that longer term opportunities at the station are considered now and not forever missed. The need for a master plan and staging strategy was discussed with Council officers and its benefits include investigating improved connection between the internal mall and the station square, identifying areas for active frontage addressing the square and the potential for major new entry to the shopping centre and cinemas in this area. Other long term possibilities such as commercial and mixed use towers – and the manner in which they have ground floor lobbies addressing adjacent streets – could be explored at the same time. Recommendation Establish a master plan for the station precinct and University, which involves the future development potential and configuration of the Macquarie Centre.

2. Termination of new east-west street:

The Council’s structure plan for Macquarie Park includes a series of proposed new streets and public domain improvements. An important east-west street will terminate at the eastern façade of the proposal. This is an area that would benefit from a more considered design response. The proposal will conclude a long vista along this street and should respond in a more positive manner. This might include pedestrian entries to the primary internal mall spaces, active frontage.

ITEM 2 (continued)



Presently, the proposal in the area is characterised by external vehicle circulation ramps. It is considered an important factor that car park ramps be sited in such a manner that would facilitate easy reconfiguration to retail space in the future along this new street. If reconfiguration of this area is not possible in the immediate term, then investigation of master plan and staging opportunities may provide greater comfort for resolution of this design issue in the longer term. Recommendation Create improved pedestrian entry to primary internal mall space at eastern entry on alignment of the proposed street. Ensure the building frontage in this area is able to be reconfigured easily as active retail space corresponding with the establishment of the new street. Alternatively, establish a master planning framework where this potential can be achieved in the future.

3. Waterloo Road building setbacks

The panel noted that a reduction of the anticipated building setback and landscape treatment may be warranted given the ambition for this area to function as an urban square. As such, the proposed introduction of active frontage in this area, inside the notional setback, is supported. In the future, an expansion of active uses and reconfiguration of external vehicle ramps is encouraged. It is considered an important factor that car park ramps be sited in such a manner that would facilitate easy reconfiguration to retail space in the future along Waterloo Road. The panel noted that such an approach could be properly examined and described in a master plan. Recommendation Develop the design character of Waterloo Road within the immediate context of the station precinct. A master plan framework could guide this.

4. Flooding issues and through-site pedestrian and cycle links

The panel appreciates that a natural drainage line previously ran through the centre of the site in a north-south direction. This extent of natural drainage is currently piped underground. The proposal includes an internal street running approximately along this alignment. The panel suggests that further details is needed to properly understand the function and quality of this internal street. The extent to which this street caters for pedestrians and cyclists as a through-site link and for the continuity of open space along the drainage line is not clear. Similarly, the extent to which this internal street is open to the sky is not clear. The panel supports the principal that the through-site link is beneficial and should cater for vehicles, bicycles and pedestrians. It may interpret the character and function of the original drainage line and should link to adjacent open space.



ITEM 2 (continued)

The levels of the street should respond to the underlying topography as far as possible, acknowledging that flooding issues need to be resolved at the same time. Finally, more detail on the proposed cycle route is required. The current proposal seems to suggest that cyclists would circulate through internal spaces of the centre, negotiating escalators and joining foot traffic through internal mall spaces. Recommendation Further resolve the proposal to address both potential flooding and to fully incorporate the potential of an open, public through-site link.

5. Sustainability initiatives

The ambition of achieving a 4.5 star rating for the proposal is welcomed. More detail about the strategies to achieve this rating are required. The panel supports the principles of maximising natural light and ventilation to internal mall spaces for amenity and sustainability reasons. Better integration with public transport, catering for pedestrians and cyclists also contribute to an improved sustainability outcome. Similarly, the potential for the large roof area to contribute to stormwater harvesting, detention and reuse is strongly encouraged. Incorporating the internal street, drainage corridor and through-site link into a whole-of-site water cycle management strategy could have significant benefits within the site and beyond. Recommendation Provide additional detail on the ESD strategy to support the current application and addressing the points noted above.

The comments provided by the Panel are relevant to the future works which will be undertaken in Stage 2 of the redevelopment of the existing shopping centre as opposed to works proposed for the current application. Additional matters pertaining to environmental sustainability have been addressed in comments and conditions provided by Council’s Manager Environment and Council’s Manager Catchment & Assets which have been agreed upon with the applicant. 14. Critical Dates There are no critical dates to be met. 15. Financial Impact There is no financial impact associated with this development. 16. Other Options No alternative options have been sought by the applicant or Council.



ITEM 2 (continued) 17. Conclusion The assessment of the proposal has found it to be compliant with all legislative requirements found under the EP&A Act, 1979, relevant State Environmental Planning Policies, the RPSO and Council’s DCP 2006 with a minor exception to building height. This non-compliance is, and remains, an existing situation which is not exacerbated by the development and has been satisfactorily addressed through an objection made under SEPP No.1. Concerns were identified with regards to traffic/pedestrian safety conflicts on Talavera Road and Waterloo Road. These concerns have been addressed by conditions of consent which propose design and operational solutions which include the signalisation of the Talavera Road/new east road intersection and the creation of a new slip-lane on Waterloo Road. Conditions imposed under deferred commencement require the developer to submit plans to Council’s Traffic and Development Engineer to ensure that these concerns have been adequately addressed. Advertising and notification of the development attracted four (4) submissions (one in favour of the proposal). The three (3) submissions objecting to the proposal have been considered and addressed in this report. As a result of the findings in this report it is recommended that the application be approved subject to conditions. RECOMMENDATION (a) That Local Development Application No.1016/2007 at Lot 100 in DP 612281,

No. 55 – 61 Talavera Road and Lot 5 in DP 1047085, No. 197 Herring Road, Macquarie Park be approved subject to the following conditions:

PART 1 CONDITIONS RELATING TO A DEFERRED COMMENCEMENT

CONSENT PURSUANT TO SECTION 80(3) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

This consent shall not operate until satisfactory information has been submitted to Council in respect of the following: 1. That a detailed flood study shall be prepared by the applicant in support of the

proposed pedestrian entry treatment to determine likely flood behaviour and to ensure the treatment is sited and design so that it is subject to minimal flood hazard. Such flood study shall be based on a fully dynamic two dimensional computer model.

Where Council has established a two dimensional flood model for Shrimpton’s Creek and the contributing catchment, the model file will be made available for use by the applicant.



ITEM 2 (continued)

The following information shall be submitted in plan form for both pre-developed and post-developed scenarios: a. water surface contours (including the 100 year flood and PMF extents) b. velocity vectors c. velocity and depth product contours d. show both existing and proposed flood profiles for the full range of events for

the total development including all structures and works.

An electronic copy of the input and output files shall be submitted to Council in a form compatible with Council’s computer software along with the plans and a hard copy of the input and output data.

This consent shall not operate until the following matters under Point 2 have been satisfactorily addressed to Council’s Public Works Group Manager: 2. Detailed concept engineering road and drainage design are to be submitted for

the works both within the existing road reserve and proposed Public Roads to be dedicated to Council as shown on plan No. 06S143C-03 Revision B dated 2/7/08, 06S143C-05 Revision C dated 1/10/08 and 06S143C-04.1 Revision B dated 2/4/08 by Hughes Trueman. The design shall incorporate, but not be limited to the following requirements:

a. The intersection of East Road with Talavera Road shall be designed to

ensure all vehicles using it will not encroached onto the wrong side of the road and that sight distance will comply with Austroads requirements. Additionally, it shall incorporate the provision of traffic signals designed to RTA/Austroads standards.

b. The road design shall ensure all vehicles patronising the site will remain on

the correct side of the road and will also not encroach onto the adjacent lane during all turning manoeuvres. The design shall include:

i. Details of the sight distance to be provided at the intersection of the

east and south road; and ii. Turning templates shall be provided to confirm vehicular access

requirements.

Note: The size of vehicles using the loading docks may need to be limited and/or modify the road layout where necessary to ensure this requirement will be met. Appropriate splayed corners and possible road widening need to be provided at the intersection of the east side and south side roads.



ITEM 2 (continued)

c. To minimize pedestrian and traffic conflicts Waterloo Road shall be widened to provide a deceleration/slip lane off sufficient length for vehicles turning left from Waterloo Road into the existing carpark east of the major signalised entrance to the site. The design shall also incorporate a thresh-hold treatment or other suitable measures to limit vehicles speed as it cross the footpath area.

d. Submission of detailed design for the proposed extension of the right hand

turning lanes into the shopping centre, including design of the proposed extension of the right hand turning lanes into Waterloo Road.

e. The Road and Drainage design shall be in accordance with Ryde City

Council Environmental Standards - Development Criteria Section 4 - Public Civil Works, the Macquarie Park Corridor DCP and the Macquarie Park Technical Public Domain Manual which shall provide for granite paving, smart poles, street furniture, street signage, Water Sensitive Urban Design features etc.

Public Domain works as detailed in the Macquarie Park Technical Public

Domain Manual shall be provided along the proposed East and South Roads as well as along the Talavera Road frontage of the site and between the Exit Ramp and the main entrance road in Waterloo Road.

f. The design shall be prepared by a chartered practising civil engineer with

NPER registration with Engineers Australia. 3. A Sustainability Plan is to be prepared. The Sustainability Plan will commit to

designing the development to be consistent with a minimum 4 stars rating under the industry accepted Green Building Council - The Green Star Centre Tool Version 1as a benchmark. The Sustainability Management Plan will be required to incorporate a suitable Energy Efficiency Performance Report and an Integrated Water Cycle Management Plan addressing all issues and responses affecting the water cycle including water recycling and reuse, the quality of stormwater run off and waterway stability and run-off efficiency.

The following provisions and controls are considered appropriate for this type of development and should be incorporated into the design and specifications of the proposed development:

a. The total anticipated energy consumption for the base building in the

proposed development is no greater than 900 Mega Joules/annum/metre square [MJ/am2] (retail).

b. Demonstrate compliance with energy efficiency requirements of Section J of

the Building Code of Australia.



ITEM 2 (continued)

c. The development shall be designed and constructed in accordance with a minimum certified rating of 4.0 Stars under the Green Building Council - Green Star Retail Centre Tool Version; and

(i) Council will require a letter together with supporting validatory data from a

Green Star Accredited Professional at the Construction Certificate stage that clearly and unambiguously states that the building when completed and used would reasonably be expected to achieve the design green star rating.

(ii) Council will require a letter together with supporting validatory data from a

Green Star Accredited Professional at the Occupation Certificate stage that clearly and unambiguously that the development has been designed and built in accordance with a 4.0 Star Green Star rating.

d. Appliances such as hot water systems, dishwashers, refrigerators, freezers,

and washing machines to achieve a minimum 3.5 Star energy efficiency rating Greenhouse Score.

e. Install smart electricity meters for each floor and tenancy; and water meters,

including appropriately located leak detection system for majors, mini majors, food preparation facilities, car wash, cooling towers, amenities, wash down areas, water reuse systems, irrigation and other large water users.

f. Provision for energy efficient lighting, motion detectors and dimmers, where

appropriate, throughout the development.

g. At least 25% of the total of any enclosed car park by area is naturally ventilated or at least 50% of the total has either passive supply or passive exhaust.

h. Provision for passive cooling methods that rely on improved natural

ventilation to supplement or preclude mechanical cooling, where appropriate.

i. Water Efficient Fixtures: where new or replacement fittings are required, Shower heads shall be at least 3 star rated water efficient 4 star dual flush toilets, 4 star taps (for all taps other than bath outlets and garden taps) and 3 star urinals, bathroom and kitchen taps shall be fitted with aerators; and water closets shall have a dual flush cistern. Waterless or low flow urinals and water efficient washing machines and dishwashers are to be used wherever possible.

j. Install rainwater tanks equipped with a 'first flush' diversion to exclude the

initial wash-off (the first 5mm of rainfall) from the roof or install appropriate treatment prior to reuse to meet 50% of water demand on average, for all toilets and outdoor use of the proposed development.



ITEM 2 (continued)

k. Provision in the development for dual reticulation in the form of suitable installed pipes/fittings or clear design capacity for future simple retrofitting of pipes for toilet flushing, irrigation and potentially cooling towers to enable future connection to likely alternative Sydney water supply resource.

l. Minimise the impervious areas in the development that directly connect to the

stormwater system. Where possible, these areas should drain through bio-retention systems before discharge or to be collected and treated for water reuse.

m. Water use within open space in the development (for uses such as irrigation,

pools, water features etc) should be supplied from alternative sources to meet 80% of water demand for water use within open spaces. Note: Where it is proposed to reuse water runoff from paved areas for irrigation and wash down purposes incorporate appropriate water treatment measures to exclude contaminants such as sediment, litter and oil.

n. Where cooling towers are used they are to be connected to a conductivity

meter, must include a water meter connected to a building energy and water metering system to monitor water usage and employ alternative water sources for any cooling towers where practical.

o. Stormwater discharging from the site must not exceed the post development 1

year ARI peak flow to that of the pre-development scenario from the outlet of the site.

p. To improve the quality of stormwater run-off from the site to receiving

waters, ensure:

i. 90% reduction in the post development mean annual load of gross pollutant loads (greater than 5 mm)

ii. 85% reduction in post development mean annual load of total suspended solids,

iii. 60% reduction in post development mean annual load of total phosphorous

iv. 45% reduction in post development mean annual load of total nitrogen.

Note: This condition relates only to the proposed development and the private domain works associated with the development.

4. A Memorandum of Understanding (MOU) in accordance with the draft dated 30

October 2008 is to be finalised and approved by the City of Ryde’s General Manager and signed by all parties.



ITEM 2 (continued) PART 2 CONDITIONS OF CONSENT

SECTION 1: GENERAL 1. Development is to be carried out in accordance with the following plans and

support information submitted to Council.

Plan Date DA1001 Site Plan Westfield Design & Construction 04/12/2007 DA1101(C) Level 0 Westfield Design & Construction 26/06/2008 DA1102(C) Level 1 Westfield Design & Construction 26/06/2008 DA1103(C) Level 1A Westfield Design & Construction 26/06/2008 DA1104(B) Level 2 Westfield Design & Construction 05/05/2008 DA1105(B) Level 2A Westfield Design & Construction 05/05/2008 DA1106(C) Level 3 Westfield Design & Construction 26/06/2008 DA1107(B) Level 3A Westfield Design & Construction 05/05/2008 DA1108(B) Level 4 Westfield Design & Construction 05/05/2008 DA2001(A) Elevation Sheet 1 Westfield Design & Construction 18/12/2007 DA2002(A) Elevation Sheet 2 Westfield Design & Construction 18/12/2007 DA3001(A) Sections Sheet 1 Westfield Design & Construction 17/12/2007 DA3002(A) Sections Sheet 2 Westfield Design & Construction 17/12/2007 DA3003(A) Sections Sheet 3 Westfield Design & Construction 17/12/2007 DA3004(A) Sections Sheet 4 Westfield Design & Construction 17/12/2007 DA0601(A) Artist Impression 1 Westfield Design & Construction 12/12/2007 DA0602(A) Artist Impression 2 Westfield Design & Construction 12/12/2007 DA0603(A) Artist Impression 3 Westfield Design & Construction 12/12/2007 DA0604(A) 3D Images Westfield Design & Construction 17/12/2007 DA1601 Indicative Finishes Westfield Design & Construction 11/12/2007 LA0501(A) Landscape Plan 1 Westfield Design & Construction 28/11/2007 LA0502(A) Landscape Plan 2 Westfield Design & Construction 28/11/2007 LADA0001(a02) Landscape Plan Westfield Design & Construction 19/12/2007 LADA0501(a02) Landscape Plan Westfield Design & Construction 19/12/2007 06S143C-01(B) Existing Site Conditions Hughes Trueman 02/07/2008 06S143C-02(B) General Arrangement Plan Hughes Trueman 02/07/2008 06S143C-03(B) Road & Drainage Layout Hughes Trueman 02/07/2008 06S143C-04(B) Road Longitudinal Section Hughes Trueman 02/07/2008 06S143C-04.1(B) Road Cross Section Hughes Trueman 02/07/2008 06S143C-05(C) Talavera Road Entrance Hughes Trueman 01/10/2008 06S143C-05.1(B) Talavera Road Entrance Hughes Trueman 02/07/2008 06S143C-06(C) Waterloo Road Exit Hughes Trueman 01/10/2008 06S143C-07(B) Stormwater Masterplan Hughes Trueman 20/12/2007 06S143C-07.1(A) Stormwater Masterplan Hughes Trueman 20/12/2007 06S143C-08(B) Sewer Reticulation Plan Hughes Trueman 02/07/2008 06S143C-09(B) Soil/Water Management Hughes Trueman 02/07/2008 06S143C-10(B) Soil/Water Management Hughes Trueman 02/07/2008



ITEM 2 (continued)

Plan Date 06S143C-11(B) Retaining Wall Plan Hughes Trueman 02/07/2008 06S143C-12(B) Level 1 Manoeuvring Hughes Trueman 02/07/2008 06S143C-13(B) Level 1A Manoeuvring Hughes Trueman 02/07/2008 06S143C-14(B) Level 2 Manoeuvring Hughes Trueman 02/07/2008 06S143C-15(B) Level 3 Manoeuvring Hughes Trueman 02/07/2008 06S143C-16(A) Stormwater Sections(1) Hughes Trueman 20/12/2007 06S143C-17(A) Stormwater Sections(2) Hughes Trueman 20/12/2007 06S143C-18(A) Stormwater Sections(1) Hughes Trueman 20/12/2007 06S143C-19(A) Stormwater Sections(2) Hughes Trueman 20/12/2007

2. All building works are required to be carried out in accordance with the

provisions of the Building Code of Australia. 3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

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

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to

commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

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

5. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b) All excavations associated with the erection or demolition of a building

must be properly guarded and protected to prevent them from being dangerous to life or property.



ITEM 2 (continued) 6. If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building or

other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage.

7. If the soil conditions require it:

a) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

manner, and

iii) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

b) The owner of the adjoining allotment of land is not liable for any part of the

cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

c) In this clause, “allotment of land” includes a public road and any other

public place. 8. Protection of Public Places

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

b) If necessary, an awning is to be erected, sufficient to prevent any

substance from, or in connection with, the work falling into the public place.

c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.



ITEM 2 (continued)

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

9. A maximum of 2,164 off-street car spaces shall be provided for the approved

development in accordance with the submitted plans with a maximum total of 5,344 car spaces provided for the shopping centre as a whole. Such spaces to be line marked and made available at all times during business hours of the centre for staff and patrons.

10. A total of 160 off-street parking spaces within the shopping centre as a whole

are to be wide-bay spaces for people with a disability. The width of these spaces is to be a minimum of 3.66 metres.

11. A minimum of 230 bicycle parking rails designed and installed in accordance

with Australian Standard AS2890.3 must be provided in a suitable location for the convenience of employees and visitors.

12. Suitable shower and change facilities for employees must also be provided

within the development. 13. The proposed New East and New South Roads forming part of the proposed

development are to be provided with street lighting. All lighting is to consist of Smart Pole style poles and luminaries in accordance with the Macquarie Park Public Domain Manual.

14. All new public roadways (including any internal private roads within the site) are

to be provided with replacement street lighting. All lighting is to consist of Smart Pole style poles and luminaries in accordance with the Macquarie Park Public Domain Manual.

15. The design and documentation of the landscape and public domain is to be

undertaken by a qualified Landscape Architect. 16. Access for people with disabilities must be provided in accordance with Part D3

of the Building Code of Australia and the standards set out in AS 1428.1. 17. Works shall not encroach onto or over adjoining properties, including retaining

walls, fill material or other similar works unless in accordance with agreement reached with adjoining owners. Soil shall not be lost from adjoining sites due to construction techniques employed on the subject site.

18. The roof material is to be finished in a non reflective surface. 19. All heavy vehicle turn paths into and out of the loading areas must be in

accordance with AS 2890.2 – 2002.



ITEM 2 (continued) 20. All engineering plans and work shall be carried out in accordance with the

requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

21. All mains, services, poles, etc., which require alteration shall be altered at the

applicant’s expense. 22. Public areas must be maintained in a safe condition at all times. Restoration of

disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

23. A six-monthly Fire Safety Statement (form 15A under the Environmental

Planning and Assessment Regulation 1994) must be given to Council and the NSW Fire Brigade commencing within 6 months after the date on which Council receives the initial Fire Safety Certificate.

24. Should you wish to vary the information provided in the Waste Management

Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

25. 1) Prior to the issue of a Construction Certificate, a deed of agreement must

be entered into with Council which requires the construction of a road upon and the dedication to Council of the stratum of land adjacent to the eastern and southern boundaries of the site as required for a road reserve as shown on plan Nos 06S143C-03 Revision B dated 2/7/08, 06S143C-05 Revision C dated 1/10/08 and 06S143C-04.1 Revision B dated 2/4/08 prepared by Hughes Trueman.

The agreement must be to the satisfaction of Council and must, without limitation, specify: (a) the method and date of dedication of the stratum to Council (with a

minimum requirement that the stratum must be transferred to Council before any material change in ownership of the land to which the stratum relates),

(b) the manner in and standard to which the road the subject of the agreement shall be constructed; and

(c) any maintenance obligations upon the owner of the site for the constructed road up to the date of dedication.



ITEM 2 (continued) All costs of the agreement and dedication must be borne by the owner of the site. 2. Prior to the issue of any occupation certificate, the road the subject of the

deed of agreement entered into pursuant to condition 1 must be constructed in accordance with such deed to the satisfaction of Council.

SECTION 2: PRIOR TO CONSTRUCTION CERTIFICATE 26. A contribution for the services in Column A and for the amount in Column B

shall be made to Council prior to the issue of the Construction Certificate.

A. Contribution Item GFA (sqm) B. Payable Community and Cultural Facilities ($16.00/sqm)

30,374 485,984.00

Civic and Urban Improvements ($15.68/sqm)

30,374 476,264.32

Roads and Traffic Management Facilities ($32.99/sqm)

30,374 1,002,038.20

Cycleways ($2.16/sqm) 30,374 65,607.84 Stormwater Management Facilities Strategy Plan ($3.84/sqm)

30,374 116,636.16

Plan Administration ($0.58/sqm) 30,374 17,616.92 Total ($71.25/sqm) 30,374 $2,164,147.50

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in City of Ryde Section 94 Development Contributions Plan 2007.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

Note: Confirmation of the final amounts payable are subject to the submission of survey plan from a licensed surveyor to Council confirming the final floor space areas.

27. In order to ensure the continued provision of adequate on-site car parking for the

shopping centre during the demolition and construction phase of the development, a Traffic Management Plan is to be prepared by centre management in consultation with a qualified traffic engineer, and submitted to Council prior to the issue of a Construction Certificate, which will detail the location and sequencing of onsite car parking and how any relocating of existing car parking and its sequencing will be managed.



ITEM 2 (continued) 28. A security deposit is to be paid to Council (Public Works and Services Group)

as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

29. An Enforcement levy is to be paid to Council on lodgement of the Construction

Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

30. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

31. The applicant is to apply to Council, pay the required fee, and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.

32. Documentary evidence of compliance with Conditions 1 & 3 to the satisfaction

of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

33. Any hot water system installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase. The location and rating of any new hot water system is to be reflected on the plans submitted with the Construction Certificate.

34. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required. Details are to be noted on the plans submitted with the Construction Certificate.

35. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least AAA

rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern. Details are to be noted on the plans submitted with the Construction Certificate.

36. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.



ITEM 2 (continued)

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.

37. A "Fire Safety Schedule" specifying the fire safety measures that are currently

implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate.

38. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s DCP 2006, Part 8.1 – Construction Activities. The plan is to address:

a) sedimentation and pollution controls; b) tree preservation and protection measures; c) security fencing; d) builder’s identification signage and demolition in progress signage; and e) provision of site toilets.

39. Prior to issue of the Construction Certificate, the following documentation

must be submitted to the satisfaction of the Certifying Authority:

a) Structural Drawing/s prepared by an appropriately qualified practising Structural Engineer; corresponding with and attached to a Structural Certificate (see (b));

b) A Structural Certificate for Design, confirming compliance with:

i) The relevant clauses of the Building Code of Australia (BCA); ii) The relevant conditions of Development Consent; iii) The Architectural Plans incorporated with the Construction

Certificate; and iv) The relevant Australian Standards listed in the BCA (Specification

A1.3).



ITEM 2 (continued)

The structural drawings and design certificate must cover the following elements of the proposal as a minimum:

• footings; • reinforced concrete slabs, beams and columns; • stairs; • retaining walls; • stabilisation structures (i.e. works required to stabilise both the

excavation and surrounding structures); • all structural steel work; and • any other critical structural elements.

40. Access for persons with a disability is to be provided in accordance with the

recommendations contained in the access and mobility report prepared by Morris Goding dated 22 May 2008. Details indicating compliance with these recommendations are to be submitted to the Principal Certifying Authority (PCA) prior to the issuing of the Construction Certificate being issued.

41. To ensure the proposed site excavation will not impact on the adjoining

properties structure’s foundations and services the applicant shall submit to the Principal Certifying Authority, prior to the issue of a Construction Certificate, for approval a geotechnical report prepare and certify by a chartered geotechnical/structural engineer addressing, but not be limited to the following items:

a) The likely impacts of the proposed excavations will have on the adjoining

properties structures and services. b) Detail what measures are to be taken to protect the adjoining properties

structures and services from structural damage and undermining during construction.

c) A copy of the report including geotechnical/structural engineer certification

should be submitted to Council.

All recommendations of the Geotechnical Engineer are to be carried out during the course of the excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before excavation works commence.

42. The plans and supporting calculations of the proposed drainage system,

including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.



ITEM 2 (continued)

43. To facilitate drainage disposal and satisfactory access to the proposed

development, the applicant shall, at no cost to Council fully construct the works within both the existing public road reserve and proposed public road to be dedicated to Council known as proposed East and South Road as shown on Plan No. 06s143C-03 Revision B dated 2/7/08 by Hughes Trueman. The road formation, design and construction shall be consistent with the Council’s Macquarie Park Master Corridor Development Control Plan and The Macquarie Park Technical Public Domain Manual.

Detailed engineering plans including specification prepared by a chartered and experienced civil engineer in accordance with Ryde City Council Environmental Standards - Development Criteria Section 4 - Public Civil Works are to be submitted to, and approved by Ryde City Council prior to issue of Construction Certificate.

Engineering plans assessment and inspections fee during construction including any other applicable fee in accordance with Council’s Management Plan are payable at the time of approval being given by Council for the proposed road and drainage works

44. In accordance with Council’s Management Plan a fee is payable to Council prior

to the issue of the Construction Certificate for the erection of a protective hoarding along the public street frontage of the property. The fee is based on Council’s Management Plan and is for a period of 6 months. Should the occupation time varied from this an adjustment of the fee will be made on completion of the works.

45. To ensure satisfactory performance of any completed road and drainage works

to be dedicated to Council, a maintenance period of six (6) months shall apply to all these engineering works. The performance period shall commence from the date of acceptance of these works by Council.

The applicant shall be liable for any part of the work which fails to perform in a satisfactory manner as outlined in Council’s standard specification. A bond in the form of a cash deposit or Bank Guarantee of $70,000 shall be lodged with City of Ryde prior to issue of the Construction Certificate to guarantee this requirement will be met. The bond will only be refunded when the works are determined to be satisfactory to Council after the expiry of the six (6) months maintenance period.

46. To ensure safe and satisfactory access to and from the proposed development

all internal driveways, vehicle turning areas, parking spaces dimensions and gradients shall be designed and constructed in accordance with Australian Standards AS 2890.1-2004 & AS 2890.2-2002. The design, to be submitted to Council prior to the issue of a Construction Certificate, shall ensure all vehicles using the site can enter and exit in a forward direction.



ITEM 2 (continued)

The proposed intersection of East Road and Talavera Road shall be modified to ensure that all articulated vehicles turning paths shall not encroach onto the opposite side of the road or mount the kerb or gutter. Accordingly all access roads, intersection design shall ensure this requirement is met. In respect to the new loading dock directly accessible from Talavera Road:

a) The size of the largest vehicle using the loading dock shall be restricted to

ensure its travel paths will be fully contained within the correct side of the road and also not encroach onto adjacent lanes during all turning movements or otherwise be subject to time restrictions set out in subsection (b) below.

b) Where applicable as required by condition a) above, the visit times for

vehicles (excluding vehicles less than 9 metres) using the loading dock shall be restricted to the period two hours outside the core operating hours of the shopping centre, or otherwise agreed by Council through the submission of a loading dock management plan.

47. To facilitate safe stormwater disposal from the site, stormwater runoff from all impervious areas of the site shall be collected and piped by gravity flow to Council’s underground drainage system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The piped drainage system shall be designed for a 1 in 100 year, 5 minutes storm and clear unobstructed overland flow paths are to be provided to convey all surcharged flows safely to the public road when the capacity of the piped drainage system is exceeded.

On-site stormwater detention is not required for the site however provision shall be made for a rainwater collection/reuse system that will be connected for internal reuse having a minimum 100 m3 storage capacity.

Detailed engineering plans prepared by a chartered civil engineer demonstrating compliance with the above requirements are to be submitted with the Construction Certificate application

48. A first flush mechanism is to be designed and constructed with the water tank

system. Details of the first flush system are to e submitted with the construction certificate application.

49. To minimise impacts to the downstream environment the applicant shall design

and construct a water quality control system that will have the ability to remove gross pollutants including oil and grease from the first 5mm of rainfall generated over the contaminated catchment prior to discharging to Council’s drainage system. The system shall be located wholly within the site and regularly maintained by the proprietor of the land. Engineering plans indicating compliance with this requirement is to be submitted with the Construction Certificate application.



ITEM 2 (continued) 50. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably

qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan: (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

51. Details of the proposed garbage room(s) must be submitted to Council or an

accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) the specifications and layout of all proposed waste containers and

equipment; and (b) the access to the collection point.

52. Details of any proposed grease trap room must be submitted to Council or an

accredited private certifier for approval with the application for the Construction Certificate.

53. Details of all driveways and manoeuvring areas for waste collection vehicles

must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) vehicle turning circles and swept paths; and (b) overhead and side clearances (where appropriate).

54. The details of any mechanical ventilation or air conditioning must be certified by

a competent person to comply with the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.



ITEM 2 (continued) To enable certification, the mechanical ventilation documentation prescribed

below must be submitted to the Principal Certifying Authority:

a) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;

b) A general description of the project plus mechanical ventilation drawings

and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted).

i) Supply Air Ducts, Shafts and Fans - Blue ii) Return Air Ducts, Shafts and Fans - Pink iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill -

Orange v) Mixing Boxes and Conditions - Yellow vi) Fire Dampers and Electric Heaters – Red

c) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

d) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the

Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a set of the certified drawings must be submitted to Council;

e) Documentary evidence in support of requests for departure from the

prescribed or deemed provisions of the Building Code of Australia or any other requirements.

55. Details of any proposed water-cooling systems, and alterations to any existing

systems (including the installation of new cooling towers), must be submitted to and approved by Council before the issue of a Construction Certificate. Such details must include: (a) Certified plans and specifications of the proposed water cooling system; (b) A site survey plan showing the location of the proposed cooling tower and

any air intakes, exhaust outlets and natural ventilation openings in the vicinity;

(c) Access details for inspection and maintenance purposes; (d) Details of the proposed water treatment system; and



ITEM 2 (continued) (e) A Design Certificate from a suitably qualified person certifying that the

design of the cooling tower(s) complies with Australian/New Zealand Standard AS/NZS 3666.1:2002 Air-handling and water systems of buildings – Microbial Control – Design, installation and commissioning.

56. To determine the extent of restoration works that may be required, the applicant

shall submit to Council a pre and post construction dilapidation report on the status of existing public infrastructures in the vicinity of the proposed development. The report is to include photographic records, description and location of any existing observable defects of the following infrastructure and others where applicable:

a) Road pavement b) Kerb and gutter c) Constructed footpath. d) Drainage pits. e) Traffic signs f) Any other relevant infrastructure.

The report shall be submitted to Ryde City Council development engineers prior to the issue of a Construction Certificate. 57. A Delivery Management Plan is to be submitted to Council for approval prior to

the issue of a Construction Certificate. The Plan is to illustrate how the proposed new loading docks are to be appropriately managed to ensure that there is minimal impedance shopping centre patrons during the PM and weekend traffic peaks.

35. All service infrastructure/ utilities including electrical substations, fire hydrants,

gas meters and the like shall be located within the building envelope.

Where this is not possible and subject to Council approval such infrastructure shall be located on the subject site and appropriately screened from view.

Details of all service infrastructure/ utilities are to be approved by Council prior to issue of the Construction Certificate.

58. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

59. Car parking is to be provided in accordance with the Council’s Car Parking

Code or details of compliance in relation to number, size and aisle width is to be provided in the plans for the Construction Certificate.



ITEM 2 (continued) 60. Council's City of Ryde Development Control Plan 2006: Part 7.2- Waste

Minimisation & Management sets out your obligations for Waste Management. A Waste Management Plan in accordance with the DCP is to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate.

61. All footings, slabs and structural members are to be designed taking into

account the recommendations stipulated by the Geotechnical Engineer. 62. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s DCP 2006, Part 8.1 – Construction Activities.

63. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Email Address: [email protected] This information is to be submitted to Council prior to the release of the Construction Certificate.

SECTION 3: PRIOR TO COMMENCEMENT 64. Signage is to be provided on the site as follows:

a) During the demolition process notices lettered in accordance with AS1319

displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

b) During the entire construction phase signage shall be fixed on site

identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

65. To determine the extent of restoration works that may be required, the applicant

shall submit to Council a pre and post construction dilapidation report on the status of existing public infrastructures in the vicinity of the proposed development. The report is to include photographic records, description and location of any existing observable defects of the following infrastructure and others where applicable:



ITEM 2 (continued)


The report shall be submitted to Ryde City Council development engineers, one prior to commencement of Construction and one prior to issue of Occupation Certificate. The report shall be used by Council as Roads Authority under the Roads Act to assess whether restoration works are required prior to the issue of the Occupation Certificate. All restoration works deemed necessary by Council’s development engineer are to be completed to Council satisfaction prior to the issue of Occupation Certificate

66. To ensure safe construction traffic flow on site a Traffic Management Plan

(TMP) and report shall be prepared by an RTA accredited person shall submitted to and approved by the Principal Certifying Authority.

The TMP shall be prepared in accordance with the RTA’s Manual – “Traffic Control at Work Sites” The TMP is to address but not be limited to the loss of on-street parking, construction vehicles travel routes, safety of the public, materials storage, handling and deliveries including construction traffic parking.

Additionally, all traffic controllers on site must be RTA accredited traffic controllers and a minimum of seven (7) days notice shall be given to residents should their access will be affected by proposed construction activities.

67. A truck shaker grid with a minimum length of 6 metres must be provided at the

construction exit points. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

68. The applicant shall install appropriate sediment control devices in accordance

with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

69. A Compliance Certificate should be obtained confirming that the constructed

erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities.



ITEM 2 (continued) 70. In issuing this approval, Council has relied on the information provided by you

about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

71. ‘Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgement of an application for a Construction Certificate if this is the case.

72. A dilapidation survey is to be undertaken in the locality of all properties that

could be potentially affected by the construction of this development. The dilapidation survey shall be carried out prior to any work commencing on the site. The applicant shall, at their own cost, rectify any damage caused to other properties during construction of the proposal. A copy shall be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA).

73. All car park lighting is to be designed, installed and maintained to Australian

Standard AS1680.2.1 - 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, ceilings, columns and other vertical structures (including columns and pipes) should be painted white.

74. The lighting of pedestrian pathways within the development shall be designed,

installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities.

75. Where security lighting is provided within the development, it should not

illuminate observers or vantage points. Light should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police and pedestrians will be the likely observers.

76. Any surveillance equipment installed is to utilise digital or video technology to

record images from the cameras. Cameras are to be installed in and around the business to maximise surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified/reputable installer and regularly function tested. If surveillance equipment is installed, it should meet the requirements of the Privacy legislation.



ITEM 2 (continued) 77. All ground level surfaces are to be treated with anti-graffiti coating to minimise

the potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

78. Sediment control works are to be installed and maintained in accordance with

Council’s DCP 2006, Part 8.1 – “Construction Activities”. 79. A security deposit (Category: demolition) is to be paid to Council (Public Works

and Services Group) prior to the commencement of any demolition works. Please refer to Council's Management Plan for the applicable fee amount.

SECTION 4: PRIOR TO AND DURING DEMOLITION AND CONSTRUCTION 80. All demolition work must be carried out in accordance with the requirements of

Australian Standard AS 2601-1991 The Demolition of Structures. 81. Security fencing shall be provided around the perimeter of the

building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

82. During the entire construction phase signage shall be fixed on site identifying

the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

83. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

Where the applicant is intending to operate outside of the specified hours above, the applicant is notify Council of the nature of the proposed works and the proposed hours of operation, and is to obtain permission to vary the hours from Council if the variation in hours applies to works adjacent to Waterloo Road, prior to commencing any work. Notwithstanding the above, internal construction and fit out works that are likely not to have any amenity impact may be undertaken outside of the hours specified.

84. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

85. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.



ITEM 2(continued) 86. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

87. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

88. The occasions on which building work must be inspected are:

a) at the commencement of the building work, and b) prior to covering any stormwater drainage connections, and c) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

89. In addition to the above stated inspections, the Principal Certifying Authority is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

g) Sediment control measures. h) Tree Preservation and protection measures. i) Security fencing. j) Materials or waste containers upon the footway or road. k) PCA and principal contractor (the coordinator of the building work) signage

and site toilets. 90. A Registered Surveyors check survey certificate be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) after excavation work for the footings, but prior to pouring of concrete

showing the area of the land, building and boundary setbacks;



ITEM 2 (continued) b) prior to construction of each floor level showing the area of land, building

and boundary setbacks and verifying that the building is being constructed at the appropriate levels;

c) Prior to fixing roof cladding; d) On completion of the building works; e) On completion of all drainage works.

91. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority. 92. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 93. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

94. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 95. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 96. At all times work is being undertaken within a public road adequate precautions

shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

97. Essential services must be provided within the development to the requirements

of the Building Code of Australia, the Environmental Planning and Assessment Act 1979 (as amended) and Regulations.

98. Security fencing must be provided around the perimeter of the site, and other

precautions taken, to prevent unauthorised entry to the site during the demolition and construction period.

99. Where the site adjoins a public thoroughfare the common boundary must be

fenced with a hoarding, unless the horizontal distance between the boundary and the structure being demolished is more than twice the height of the structure. All hoardings must be constructed of solid materials and be at least 1.8 metres high.

100. Where the site adjoins a public thoroughfare with a footpath alongside the

common boundary, the footpath must be provided with overhead protection in accordance with the requirements of Australian Standard AS 2601-1991 The Demolition of Structures, unless:

(a) the vertical height of the structure being demolished is less than 4 metres above the footpath; or



ITEM 2 (continued) (b) the horizontal distance between the boundary and the structure being

demolished is more than half the height of the structure. 101. Notices lettered in accordance with Australian Standard AS 1319-1994 Safety

Signs for the Occupational Environment and displaying the following words must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

DANGER!

DEMOLITION WORK IN PROGRESS

DANGER!

CONSTRUCTION SITE UNAUTHORISED PERSONS

KEEP OUT

102. Where the work involves the demolition or removal of asbestos products and

materials, including asbestos-cement sheeting (ie: fibro), notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the following words must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

DANGER!

ASBESTOS

103. Appropriate erosion and sediment controls must be installed before site works

are commenced and be maintained at operational capacity until the site has been stabilised. These controls must include:

(a) diversion of upslope runoff around disturbed areas in such a manner that the diverted water will not cause erosion and is diverted to a legal discharge point; and

(b) sediment control fences or other measures on the downslope perimeter of disturbed areas to prevent sediment escaping from the site.

104. Toilets and hand washing facilities must be provided for workers in accordance

with the Code of Practice: Amenities for Construction Work (WorkCover, 1996). Where practicable, the toilets must be standard flushing toilets connected to the sewerage system.

105. Before work commences the location of any underground services (eg. gas,

water, electricity, telecommunications cables, etc.) must be identified and appropriate measures taken to protect those services.

106. All demolition work must be carried out by a contractor licensed to carry out that

work by WorkCover New South Wales.



ITEM 2 (continued) 107. Appropriate measures must be taken to control the generation of dust during

demolition and construction work. These measures may include: (a) Erecting dust screens around the perimeter of the site.

108. Removing any existing accumulations of dust (eg. in ceiling voids and wall

cavities) before demolition or removal using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

a) Wetting down materials that are likely to generate dust during demolition or removal and excavation surfaces with a fine water spray.

b) Keeping stockpiles of materials damp or covered. 109. Noise must be minimised by the selection of appropriate methods and

equipment and the use of screening or barriers where practical. 110. Noise monitoring must be carried out by a qualified acoustical consultant if

complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition and construction work.

111. Trees must not be removed, lopped or trimmed without the prior written

approval of Council and any trees to be retained must be protected from damage during demolition and construction work.

112. Any buildings or parts of buildings to be retained on the site and all adjacent

buildings must be protected from damage during demolition and construction work.

113. All excavation and backfilling associated with the demolition work must be

carried out in a safe manner. 114. Any accidental spills must be cleaned up immediately to prevent contamination

of the ground and stormwater system. 115. All demolition and construction wastes must be stored in an environmentally

acceptable manner and be removed from the site at such intervals as may be necessary to ensure that no nuisance or danger to health, safety or the environment is created.

116. All wastes nominated for recycling or re-use in the approved Waste

Management Plan must be segregated from other wastes and be transported to a place or facility where they will be recycled or re-used.

117. All asbestos wastes must be segregated from other wastes and stored in a

secure area in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 2005.



ITEM 2 (continued) 118. All potentially contaminated soil excavated during demolition and construction

work must be stockpiled in a secure area and be assessed and classified in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before being transported from the site.

119. Demolition and construction wastes must not be placed on public roads,

footpaths or reserves, or be allowed to enter any street gutter, stormwater drain or waterway.

120. The burning of demolition and construction waste is prohibited under the

Protection of the Environment Operations (Clean Air Regulation 2002. 121. All wastes must be transported in an environmentally safe manner to a facility or

place that can lawfully be used as a waste facility for those wastes. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

122. All surplus excavated material must be disposed of at a licensed landfill facility,

unless Council approves an alternative disposal site. 123. All vehicles transporting waste materials from the site must have their loads

covered. 124. All practicable measures must be taken to ensure that vehicles leaving the site

do not deposit mud or debris on the road. 125. Any mud or debris deposited on the road must be cleaned up immediately in a

manner that does not pollute waters (ie. by sweeping or vacuuming). 126. Council and the Principal Certifying Authority (if Council is not the PCA) must be

notified as soon as practicable if any information is discovered during demolition or construction work that has the potential to alter previous conclusions about site contamination.

127. If additional information is discovered about site contamination, the proponent

must comply with any reasonable requirements of Council. 128. Prior to demolition and building work commencing a Waste Management Plan

must be submitted to and approved by Council.

The Plan must comply with Section 7.2 of Council’s Development Control Plan 2006 and include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site where appropriate. Reuse and recycling must be maximised.



ITEM 2 (continued) 129. Prior to demolition work commencing a demolition work plan must be

prepared for the work in accordance with Australian Standard AS 2601-1991 The Demolition of Structures and a copy of the work plan must be submitted to Council.

130. The applicant must notify Council of the following particulars in writing at least

seven (7) days prior to demolition work commences: (a) the name, address, telephone contact details and licence number of the

person responsible for carrying out the work; and (b) the date the work is due to commence and the expected completion date.

131. At least seven (7) days before demolition work commences the applicant must

notify the occupiers of all neighbouring premises of the date the work is due to commence by placing a written notice in the letter box of each premises.

132. A detailed landscape plan is to be submitted and approved by Council prior to

construction of the development. The landscape plan is to include details of plant selections as well as details of all hard surfaces and sections through the plantings proposed along the frontages of the subject land as follows:

(a) The frontage of the 55 Talavera Road property; (b) The frontage of Waterloo Road east of the existing north/south link road. (c) The frontages of the new east road and the new south road located within

the property boundary. (d) The verges and islands within the southern end existing centrally located

north/south link road adjacent to the Waterloo Road frontage.

The design and documentation of the landscape plan is to be completed by a qualified landscape architect. All of the landscaping is to be compatible with Council’s Macquarie Park Public Domain Technical Manual and Part 4.5 of the Development Control Plan 2006

133. All hard landscaping, paving, soft landscaping including species selection, street

furniture and the like shall be in accordance with the Macquarie Park Public Domain Technical Manual. Full details, including samples, schedules and plans are to be submitted and approved by Council prior to construction of the development. Where soft landscaping is proposed, including species selection, the applicant must ensure that species health is guaranteed for a minimum of 5 years to ensure the character and appearance of the streetscape is established and maintained. Any species that die within two years of planting must be replaced by the applicant with a specimen of a similar size and maturity.



ITEM 2 (continued) 134. To ensure engineering works will be completed satisfactorily, the construction of

all external road and drainage works including proposed public road and drainage works to be dedicated to Council must be inspected by Council’s engineer. A pre-construction meeting shall be arranged with Council’s engineer, prior to commencement of works to ensure all the necessary inspections at specified constructions stages are conducted by Council throughout the construction process.

Engineering inspections are payable to Council in accordance with Council Management Plan.

135. Glass doors and fixed panels so located in relation to other parts of the building

as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2208, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.

136. Panels and doors in paths of travel shall be provided with a midrail, motifs or

other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labelled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:

a) Distributor’s or installer’s name. b) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings in accordance with AS 2208.

SECTION 5: PRIOR TO OCCUPATION CERTIFICATE 137. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

138. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) prior to the issue of an Occupation Certificate for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.



ITEM 2 (continued) 139. A plan for dynamic internal directional signage is to be prepared and

implemented prior to the occupation of the development. This signage should inform visitors to the site about the location of the carpark entries and exits, the entrance to each building, visitors parking and the like. The plan is to provide an indicative location for all directional signage that will be erected within the site. The Plan is to be submitted to Council prior to the issue of an Occupation Certificate of the development for consultation with NSW Police.

140. All land titles within the site must be consolidated into one allotment. A plan of

consolidation in a form capable of registration shall be lodged with the Land Titles Office prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979.

141. A detailed Waste Management Plan for the operation of the Centre is to be

prepared to Council's satisfaction and submitted to Council for approval prior to issue of Occupation Certificate.

142. A suitably qualified person is to certify that the constructed development

complies with the relevant disabled standards prior to the occupation of the building. Such certification is to be forwarded to the PCA prior to the release of the final Occupation Certificate.

143. To ensure all engineering works within the existing and proposed public road

reserve to be dedicated including Council’s drainage easement will be completed satisfactorily, Engineering Compliance Certificates must be obtained from Council for the following works at the specified stage where applicable and submitted to the Principal Certifying Authority & Council where Council is not the PCA prior to the issue of an Occupation Certificate. All Inspections fee are to be paid to Council in accordance with Management Plan prior to inspection being undertaken by Council.

• Prior to backfilling of Council’s stormwater pipelines. • Prior to backfilling of drainage connections to Council’s stormwater drainage

systems.

• After trimming and compaction of sub-grade.

• After placement and compaction of the applicable sub-base course

• Prior to casting of Council’s pits and other drainage structures including kerb & gutter, access ways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

• After completion of all works with all disturbed areas satisfactorily restored



ITEM 2 (continued) 144. To determine the extent of restoration works that may be required, the applicant

shall submit to Council a pre and post construction dilapidation report on the status of existing public infrastructures in the vicinity of the proposed development. The report is to include photographic records, description and location of any existing observable defects of the following infrastructure and others where applicable


145. The report shall be submitted to Ryde City Council Development Engineer, one prior to the issue of an Occupation Certificate. The report shall be used by Council as Roads Authority under the Roads Act to assess whether restoration works are required prior to the issue of the Occupation Certificate. All restoration works deemed necessary by Council’s development engineer are to be completed to Council satisfaction prior to the issue of Occupation Certificate.

146. A Mechanical Services Completion and Performance Certificate (Form M2)

must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

147. An Installation Certificate must be submitted to the Principal Certifying Authority

(and Council, if Council is not the PCA) on completion and commissioning of all cooling towers approved under this consent and before the issue of an Occupation Certificate. The certificate must be from a suitably qualified person and certify that the cooling towers have been installed in accordance with the approved plans and specifications and comply with Australian/New Zealand Standard AS/NZS 3666.1:2002 Air-handling and water systems of buildings – Microbial control – Design, installation and commissioning.

148. Disabled access is to be provided to and within the development in accordance

with the recommendations contained within the Access Audit Statement prepared by Morris Goding Accessibility Review and dated 30/10/06. Prior to the occupation of the development, a suitably qualified access consultant is to certify that the development complies with Australian Standard 1428.1 and the Building Code of Australia.

149. The details of any future on-site site security service and monitoring are to be

submitted to Council prior to occupation of the development for consultation with the NSW Police.



ITEM 2 (continued) 150. For publicly accessible areas which are not otherwise permanently lit, sensor

security lighting should be provided. Details of any such lighting are to be submitted to Council prior to occupation of the development for consultation with NSW Police.

151. A mechanism, to the satisfaction of the Council, must be installed and

maintained at all times, to prevent shopping trolleys being taken from the site associated with the new supermarket tenancy located on Level 3. Details are to be provided to Council prior to occupation.

152. To ensure the development will be completed in accordance with approved

plans, current specifications and applicable Australian and Council’s standards the Principal Certifying Authority shall ensure the following will be met.

• Compliance Certificate should be obtained from an accredited certifier

confirming that the constructed internal car park and associated drainage complies with AS 2890.1-2004 & AS 2890.2-2002, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Compliance Certificate should be obtained from an accredited certifier

confirming that the site drainage system including rainwater collection/reuse and water quality control device servicing the development comply with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Compliance Certificate should be obtained to confirm that after completion of

all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Compliance Certificate shall be obtained from Council confirming that all

vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.


works within the existing and proposed public road reserve to be dedicated including all restoration works have been completed to Council’s satisfaction


redundant vehicular crossings have been removed and replaced with concrete footpath and kerb and gutter with disturbed areas grassed where required to Council’s satisfaction

Please be advised that all Compliance Certificates issued by Council is subject to the payment of an inspection fee in accordance with Council’s Management Plan



ITEM 2 (continued) 153. A Work-as-Executed plan signed by a Registered Surveyor clearly showing the

surveyor’s name and date, the site stormwater drainage, including constructed invert and finished ground and floor levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

154. To ensure works completed within the public road reserve to be dedicated to

Council have been constructed in accordance with approved plans a Work-as-Executed Plan for these works is to be submitted to Council for approval. The submission shall also include certification from a registered surveyor confirming that all structures are located within their legal boundaries and all pipelines are centrally located within the applicable drainage easements created.

155. The creation of a Positive Covenant under Section 88 of the Conveyancing Act

1919, burdening the property with the requirement to maintain the water quality control system on site. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

156. All disused gutter and footpath crossings shall be removed and the kerb and

footpath reinstated to the satisfaction of Council. SECTION 6: OPERATIONAL 157. All external glazing having a maximum reflectivity of 20%. 158. All loading and unloading in relation to the use of the premises taking place

wholly within the property. 159. The use of the premises must not cause the emission of ‘offensive noise’ as

defined in the Protection of the Environment Operations Act 1997. 160. All advertising signs are to be displayed in the English language but may

include a translation into another language using letters or characters that are no larger than the English language letters or characters.

161. Any translated message must be accurate and complete. No amendment to the

size of a sign will be permitted to allow for both the English and translated language to be displayed.

162. The applicant is advised that any erection of signs on advertising structures not

indicated on the development consent plans requires the submission of a separate development application to Council.



ITEM 2 (continued) 163. All car park lighting is to be designed, installed and maintained to Australian

Standard AS1680.2.1 - 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, ceilings should be painted white and columns and other vertical structures (including columns and pipes) should be finished in white.

164. The lighting of pedestrian pathways within the development shall be designed,

installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities. The same is applicable to public clotheslines, communal courtyards and letterbox areas.

165. Where security lighting is provided within the development, it should not


166. Any surveillance equipment installed is to utilise digital or video technology to

record images from the cameras. Cameras are to be installed in and around the business to maximise surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified/reputable installer and regularly function tested. If surveillance equipment is installed, it should meet the requirements of the Privacy legislation.

167. All ground level surfaces are to be treated with anti-graffiti coating to minimise

the potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

168. The Principal Certifying Authority must ensure that the visible light reflectivity

from building materials used on the facade of the building does not exceed 20%.

169. The lighting of the premises shall be directed so as not to cause nuisance to the

owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

170. Bicycle parking rails or lockers shall be designed and installed in accordance

with Australian Standard AS 2890.3, and must be provided in a suitable location for the convenience of employees and visitors to the site. Suitable change facilities for cyclists must also be provided within the development. Full details including the location and proposed number of bicycle parking facilities shall be submitted to and approved by the Council.

171. Loading areas are to be used for the loading and unloading of goods and

materials, waste collection and general servicing access only and no other purpose.



ITEM 2(continued) 172. A loading dock manager shall be appointed to oversee the operations of the two

docks and the dock operations shall conform with the Servicing Management Plan that governs all relevant operational matters, for approval by Council. This will need to include measures to ensure that on-street standing/parking does not occur, that all movement into and out of the docks are in a forward direction.

173. The lighting of the premises shall be directed so as not to cause nuisance to the

owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

174. Sanitary facilities for people with disabilities shall be provided in accordance

with Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1.

175. The use of the premises, building services, equipment, machinery and, ancillary

fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997.

176. The use of the premises must not cause the emission of ‘offensive noise’ as

defined in the Protection of the Environment Operations Act 1997. 177. Where security lighting is provided within the development, it should not


178. All mains, services, poles, etc., which require alteration shall be altered at the

applicant’s expense. 179. Public areas must be maintained in a safe condition at all times. Restoration of

disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

180. Direct vehicular connection to the car park via the half road construction of the

proposed South Road is not permitted. This is due to Drawing No: 065 l43C-12, Revision: A, Dated: 20/12/07 illustrating that a 9.Om articulated vehicle would partially travel along the wrong side of the road in order to enter/exit the loading dock.

181. Key carpark entries/exits that form part of this proposal are to be appropriately

designed to ensure that existing/future queuing areas and capacity requirements comply with Appendix D of AS 2890.1 - 2004.

ITEM 2 (continued)



Note: The applicant should be advised that should pay parking be pursued in the future then, in accordance with Section 65 of the Local Government (General) Regulation 2005, the concurrence of the Roads and Traffic Authority is required for the operation of a public car park.

182. Shop fronts may incorporate only see-through security grilles or translucent

barriers to ensure maximum light is transmitted to areas. Metal or roller shutter doors are not permitted. Development consent is required for any security grilles or translucent barriers.

SECTION 7: RTA CONDITIONS 183. The submitted traffic modelling has indicated that in order to accommodate the

additional traffic from the development at the signalised intersection of Herring Road / Waterloo Road (TCS #1 798), the dual right turn bay turning from Herring Road into Waterloo Road (eastbound) would need to be lengthened by approximately 20m. Therefore this outer right turn lane is to be lengthened by the developer to provide an additional 20m of storage + taper.

A development plan is to be provided to Council’s Group Manager Public Works for approval prior to a Construction Certificate. All works are to be in accordance with the requirements contained in Council’s Public Works Infrastructure Manual.

184. The submitted traffic modelling has indicated that the existing right turn facility

turning right from the traffic signals at Waterloo Road into the Macquarie Centre Access would significantly queue out into the through lane along Waterloo Road and that there would be significant queues within the Shopping Centre's Access Road approach to the traffic signals for vehicles trying to leave the site as a result of the additional traffic from the development proposal.

To address this concern, the developer is required to make the following changes to the traffic signals at Waterloo Road/Centre Access (TCS #3428): • Lengthen the existing right turn bay along Waterloo Road to provide for an

additional 50m of storage + taper. • Amend the lane designation within the Shopping Centre's Access Road

approach to Waterloo Road to the following (LR/R). A development plan is to be provided to Council’s Group Manager Public Works for approval prior to a Construction Certificate. All works are to be in accordance with the requirements contained in Council’s Public Works Infrastructure Manual.



ITEM 2 (continued)

185. To improve the parking utilisation on the site, it is recommended that the developer implement a dynamic signage system which indicates the location and availability of underutilised parking areas and the implementation of appropriate way finding signage. The dynamic signage system is to form part of a Car Park Management Plan which is submitted to Council for approval prior to the issue of a Construction Certificate.

186. As there would be the potential in the future for pay parking (ie: boom gates) within the site, the developer is to ensure that key carpark entries/exists that form part of this proposal are appropriately designed to ensure that existing/future queuing areas and capacity requirements comply with Appendix D of AS 2890.1 - 2004.

187. Note: Should pay parking be pursued in the future then, in accordance with

Section 65 of the Local Government (General) Regulation 2005, the concurrence of the Roads and Traffic Authority is required for the operation of a public car park.

188. All off street parking associated with the development (including driveways,

ramp grades, aisle widths, aisle lengths, turning paths, sight distance requirements, and parking bay dimensions should be designed in accordance with AS 2890.1 – 2004 and AS 2890.2 - 2002 for loading areas.

189. The heavy vehicle turn paths into the proposed loading areas must be in

accordance with AS 2890.2 - 2002 and to Council's satisfaction.

190. A Construction Management Plan is to be submitted to Council for approval prior to the issue of a Construction Certificate indicating that the construction staging provides adequate on-site parking to meet the current shopper demand or how any parking shortfalls will be appropriately managed. In addition, this plan is to provide details on appropriate haulage routes for demolition/construction vehicles and how such vehicles will be appropriately managed.

191. The proposed changes to the signalised intersections at Herring Road/Waterloo

Road and Waterloo Road/Site Access shall be designed to meet the RTA's requirements, and be endorsed by a suitably qualified and chartered Engineer (i.e. who is registered with the Institute of Engineers, Australia). The design requirements (where applicable) shall be in accordance with the RTA's Road Design Guide and other Australian Codes of Practice. The certified copies of the traffic signal design plans shall be submitted to the RTA for consideration and approval prior to the release of the Construction Certificate by Council and commencement of road works.

The RTA fees for administration, plan checking, traffic signal works inspections and project management shall be paid by the developer prior to the commencement of works.



ITEM 2 (continued) Note: The developer may be required to enter into a Works Authorisation Deed (WAD) for the above-mentioned works. If required, the Works Authorisation Deed (WAD) will need to be executed prior to the RTA's assessment of the detailed traffic signal design plans.

192. The developer shall be responsible for all public utility adjustment/relocation

works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

193. All works/regulatory signposting associated with the proposed development

shall be at no cost to the RTA or Council. b) That those who made submissions be notified of Council’s decision. Report prepared by: Tony Collier Consultant Town Planner Report approved by: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning



ITEM 2 (Continued) Indicates submission received (other submissions received outside map area)

City of Ryde

COPYRIGHT

© 2009 City of Ryde.© 2009 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

1016/2007Development Application

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Date: 28/01/2009

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3 EASTWOOD SHOPPING CENTRE DEVELOPMENT APPLICATION – LDA 2007/936 – Supplementary Report

Report prepared by: Zia Ahmed, Client Manager – Building and Development Advisory Service

Report approved by: Group Manager - Environment & Planning Report dated: 11 January 2009 File No. LDA2007/936

Report Summary This report is a supplementary report following the resolution by the Committee of the Whole on 2 December 2008 to approve the development application to demolish the existing shopping centre and the Masonic Temple in the Eastwood Town Centre, and construct a new mixed use development and to enter into an associated Voluntary Planning Agreement (VPA). This report provides Council with an opportunity to impose conditions of consent that were not included in the original report. Such conditions had not been provided given that the recommendation from staff was to defer the DA given deficiencies in the VPA. These conditions will ensure that the approved development will provide an appropriate and certain outcome for the public given that the current iteration of the DA/VPA does not do so for the reasons outlined in the report to the COW meeting. This report also addresses a legislative issue associated with the VPA that can be corrected by minor amendment. Background The Committee of the Whole at its meeting held on 2 December 2008 in considering the development application No LDA2007/936 resolved as follows: “(a) That LDA 07/936, Eastwood Shopping Centre Development, be approved,

subject to conditions contained in the report by the Independent Assessment Team, led by Architectus Pty Ltd.

(b) That Council accepts the VPA offer on the basis of upgrade and improvements

to the Eastwood Plaza to a maximum value of $1.45 million plus a monetary contribution of $1million to the City of Ryde for the discretionary application for public purposes within the Eastwood Town locality.

(c) That Council accept the provision of a childcare centre as the clear public

benefit in exchange for the demolition of the Masonic building. (d) That the Trelawaney Street access ramp be allowed to remain in place and

negotiations continue for the permanent removal of the ramp.” A notice of determination in accordance with this resolution has not been issued yet which means that the Council may make further resolutions with respect to the subject DA. ITEM 3 (continued)



Report The original report to the COW meeting of 2 December 2008 prepared by Architectus Pty Ltd, did not suggest conditions that should be imposed on any development consent granted to address uncertainties and deficiencies in the DA/VPA approved by Council. Notably, the VPA as approved provides no mechanism by which public domain works are to be designed, approved and constructed (eg., obligation for further DA, bonds, timeframes, quality control, ramifications for breach etc.). Also, given the lack of any contractual terms relating to the monetary limit proposed for such works, it is unclear as to what will occur if the monetary limit is reached prior to works being completed. Furthermore, the VPA as currently drafted requires the approval of the Minister for Planning before Council may enter into it. This issue can be resolved by the Applicant amending the VPA to delete the reference to section 94EF contributions. The Applicant will be requested to do so prior to this report being presented to Council. The recommendation provided in this report achieves the following:

(1) imposes appropriate conditions of consent in order to eliminate the uncertainties and deficiencies in the DA/VPA so as to ensure that the VPA will deliver a public benefit;

(2) adds additional conditions to address the works to be carried out within the Eastwood Plaza under the VPA;

(3) adds in the usual conditions regarding public domain works (being those not covered by the VPA) such as public amenity, public domain improvements, footpath works, street trees, street lighting and undergrounding of cables - as per previous development consent (LDA2006/837) – and ensures that there is specificity as to the location of such works; and

(4) replaces the wordings of certain conditions with new wordings to clarify any uncertainties.

A set of previously approved conditions and a copy of the Draft VPA have been attached to this report as Attachment A and Attachment B respectively for reference. Note that one new condition requires the applicant to pay the levy under section 34 of the Building Construction Industry Long Service Payments Act 1986 which is a standard condition Council imposes on all consents involving building work. Management Plan Linkages N/A



ITEM 3 (continued) Relationship to Key Outcome Areas

People The assessment of this development application meets the following key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010):

• A vibrant City that is healthy, physically attractive, economically strong and

engages its community through cultural and social activities. • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. • A harmonious community through a culturally enriched and respectful society. Comments: The recommended action would not hinder meeting the above key outcome areas.

Assets The assessment of this development application meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010):

• Well designed streets and paths where motorists, cyclists and pedestrians feel

safe. • Well designed places and spaces that minimise personal harm and where people

interact with each other, so that crime is reduced. • A high standard of visual appearance as there is no litter or graffiti, and we care for

our public infrastructure and public areas. Comments: The development will, by way of appropriate conditions of consent, ensure protection and upgrading of Council assets (footpaths, roadway, drainage infrastructure and the public domain) in the vicinity of the site.

Environment The assessment of this development application meets the following key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010):

• Attractive streets, public places and buildings through better planning and design

which is responsive to community expectations and our local environment. • Clean water through control of pollution entering our waterways and through

protection of these waterways. • A leafy City through parks, gardens, trees and the built environment. • Clean air through protection of natural resources and better integrated transport

systems. • Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment.



ITEM 3 (continued) Comments: The impact of the development upon the natural environment will generally be controlled through the imposition of appropriate conditions of consent.

Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010):

• Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Incorporation of best practice approaches in the delivery of services to the

community. Comments: Adoption of the recommendations outlined in this report will not hinder meeting the above key outcomes for Governance. Financial Impact Adoption of the recommendations outlined in this report will have no financial impact. Policy Implications Adoption of the recommendation outlined in this report will ensure the public domain works are carried out appropriately and will ensure the proper implementation of the public benefit as offered by the applicant by way of a voluntary planning agreement. There will be no policy implications by adopting the recommendations as outlined in this report. Other Options Not applicable. Conclusion The Committee of the Whole (COW) at its meeting held on 2 December 2008 resolved to grant consent to the development application for the proposed redevelopment of the Eastwood Shopping Centre. Following the COW meeting it has been detected that the assessment report prepared by Architectus Pty Ltd did not suggest conditions that should be imposed on any development consent granted to address uncertainties and deficiencies in the DA/VPA approved by Council. This report provides Council with an opportunity to address the shortcomings of the previous resolution in order to ensure that the development will provide an appropriate and certain outcome for the public.



ITEM 3 (continued) RECOMMENDATION: Assuming the Applicant has amended the VPA in the manner suggested in this report, it is recommended that Council modifies the resolution in determining the development application No. LDA2007/936, Eastwood Centre Development, at its meeting held on 2 December 2008 by resolving as follows: 1. The resolution of the Committee of the Whole of 2 December 2008 pertaining

to LDA2007/936 is amended as follows: (a) LDA 07/936 for the Eastwood Shopping Centre Development, is approved,

subject to conditions contained in the report by the Independent Assessment Team, led by Architectus Pty Ltd, as amended by and subject to the additional conditions below:

Replace condition No. 26 with the following:

Hoarding and Parking Permit Fees: In accordance with Council’s Management Plan the applicant shall pay all fees for: - the erection of footpath hoarding Type B, - Roadway construction parking zone permit - Footpath hoarding inspections pertaining to the development over and above the sum of $266,350 (being the sum of such fees waived by Council pursuant to the Voluntary Planning Agreement (VPA)).

Replace condition 53 with the following:

Works in the public domain: Works must be carried out in the public domain on all street frontages for the development to the satisfaction of Council.. Such works shall include, without limitation landscaping, new footpath paving, street furniture, street lighting, kerb and guttering, bins and bollards and public art. The details of such work must be provided to and approved by Council prior to the issue of any construction certificate. Such works as approved by Council under this condition must also be completed to Council’s satisfaction prior to the issue of any occupation certificate. Replace condition 122 with the following:

Undergrounding of Transmission mains: The Energy Australia 66kV overhead transmission mains between Trelawney Street and the Main Northern Railway and the transmission wires in West Parade are to be relocated underground prior to the issue of any Occupation Certificate. All works associated with the relocation of this infrastructure are to be in accordance with the requirements of Energy Australia and at the cost of the Applicant.



ITEM 3 (continued) Additional Conditions:

Bicycle parking within the site: A minimum of 20 bicycle parking rails or lockers designed and installed in accordance with Australian Standard AS 2890.3, must be provided in a suitable location for the convenience of employees and visitors to the site. Suitable change facilities for cyclists must also be provided within the development to the satisfaction of Council prior to issue of any Occupation Certificate.

Street Lighting: New street lighting on multifunctional poles connected by underground power is to be provided to Rutledge Street to replace any street lights lost as a consequence of the relocation and undergrounding of the Energy Australia overhead transmission mains pursuant to condition 122. The design of the poles is to be to the satisfaction of Council, and all such works are to be carried out prior to the issue of any occupation certificate. Payment of Long Service Levy: Documentary evidence of payment of the Long Service Levy under section 34 of the Building Construction Industry Long Service Levy is to be provided to Council prior to the issuing of any Construction Certificate. Public domain works under the VPA: Prior to the issue of any Construction Certificate: a) Development consent must be obtained for the public domain works

offered to be constructed pursuant to the VPA; and

b) A deed of agreement must be entered into with Council for the delivery of the public domain works approved pursuant to paragraph (a) above, such deed being to Council's satisfaction.

The works approved under this condition shall be carried out in accordance with this consent and the VPA prior to the issue of any occupation certificate.

(b) Council accepts the VPA offer on the basis of upgrade and improvements to

the Eastwood Plaza to a maximum value of $1.45 million plus a monetary contribution of $1million to the City of Ryde for the discretionary application for public purposes within the Eastwood Town locality.

(c) Council accepts the provision of a childcare centre as a clear public benefit in

exchange for the demolition of the Masonic building. (d) The Trelawney Street access ramp to the subject development is to remain in

place and negotiations are to continue for the permanent removal of the ramp.



ITEM 3 (continued) Conclusion If the Applicant does not amend the VPA as suggested in this report, the Council may not enter into the VPA until such time as the Minister’s approval is obtained. In such circumstances, the matter should be deferred until such time as the Applicant obtains the Minister’s approval for the VPA in accordance with section 93F(5A) of the Environmental Planning and Assessment Act 1979. Report prepared by: Zia Ahmed Client Manager Building and Development Advisory Service Report approved by: Dominic Johnson Group Manager Environment and Planning



ITEM 3 (continued) ATTACHMENT A

























































.ITEM 3 (continued) ATTACHMENT A



























ITEM 3 (continued) ATTACHMENT B




























































4 PUBLIC –PRIVATE PARTNERSHIP (PPP) – Bevillesta Pty Ltd and Council of the City of Ryde-Redevelopment of Top Ryde Shopping Centre-Documentation

Report prepared by: Ryde Town Centre Project Manager Report dated: 27 January 2009 File No. COR2006/1700 Report Summary To provide the current status of the City of Ryde Centre offered as a Public Benefit under the Voluntary Planning Agreement, together with concept design plans for approval by Council. The report also requests that Council approves the funding required to achieve the concept design. A3 size copies of the Plan attachments will CIRCULATED UNDER SEPARATE COVER. Background Since December 2004, when it appeared possible that Council could secure space within the proposed shopping centre redevelopment at Top Ryde, the matter has been brought before Council on a number of occasions:

• Committee of the Whole Meeting No. 12/04 - 7 December 2004 Delegated authority to the General Manager to commence negotiations with Beville Group with the intention of developing a draft memorandum of Understanding/ Commercial Agreement for the city of Ryde to obtain space in the proposed redevelopment of the Top Ryde Shopping Centre for Council’s offices, library and Civic plaza.

• Committee of the Whole Meeting No. 06/05 – 3 May 2005 Advised Council of the current status in respect of the negotiations with the Beville Group in providing Council with space in their redevelopment and also provided details on an alternate proposal that the Beville Group provided to Council and resolved that authority be provided to the General Manager to negotiate a formal agreement as outlined in the General Manager’s letter dated 27 April 2005

• Committee of the Whole Meeting No.16/05 – 4 October, 2005 Advised Council of the status of Local Environment Plan 143 which include the requirement for the Town Core Precinct to include 2500m2 net usable floor area for civic and community uses, in a prominent position with access to street frontage and plaza, facing north.

• Council Meeting 4 May 2007, Item 3, General Manager’s Report No.07/07 This report presented the two development applications for the redevelopment of Top Ryde Shopping Centre, DA’s 671/2206 and 672/2006 and the assessment of the applications by an independent consultancy together with the report of IHAP upon the assessment and applications recommending that both applications be approved subject to the recommended conditions of consent.



ITEM 4 (continued) Council accepted this recommendation together with the Voluntary Planning Agreement proposed by Bevillesta Pty Limited (a sub of the Beville Group) stating that the General Manager be authorised to take the necessary steps to give effect to the VPA decision.

Report 1. City of Ryde Centre – VPA Design The Voluntary Planning Agreement Offer accepted by Council was for, “City of Ryde Centre - $8,350,000 (GST exclusive) to complete the design, construction and commissioning of the City of Ryde Centre, including dedication to Council of the stratum lot…” Accompanying this was an Outline Scope of Work, Implementation Deed, Draft Warranties Schedule, Management Statement Budget Categories and Method of Division, Design Programme, CoR Centre Budget Estimate and a drawing “Sketch City of Ryde Centre- Sk-228”, which provided a concept design of the floors, service cores and areas of the Centre. The concept plans included in the VPA (A4 copies attached) showed that the Centre would consist of 3 floors providing 2,700m2 net usable floor area in total with access to the goods lift on the floor above; Ground Floor Foyer 200m2 Plan SK-228 GRD Issue G Level 1 Library 1800m2 Plan SK -228 L1 Issue G Level 1A Office 700m2 Plan SK- 228 L1A Issue G Level 2 Goods Lift none Plan SK -228 L2 Issue G It was acknowledged within the VPA documentation that these concept designs would be developed between Council and Bevillesta Pty Ltd to a point for formal Council approval. 2. City of Ryde Centre – Developed Design In parallel with Council analysing and developing its requirements for the City of Ryde Centre, Bevillesta Pty Ltd has finalized the structural design of the shopping centre and these latest plans illustrate what will be constructed. The developed plans (A4 copies attached) show, that in utilizing the same three 3 floors levels within the same external walls proposed in the VPA, a far more effective solution can be provided for the Council by providing 3,341m2 net usable floor area, Ground Foyer/Office 215m2 Plan SK:10101 Issue K Level 1 Library 1886m2 Plan SK:10102 Issue L Level 1A Office 1240m2 Plan SK:10103 Issue K Level 2 Goods Lift none Plan SK:10104 Issue J These plans represent the culmination of considerable input by Council, Council’s consultants and Bevillesta and its consultants and illustrate an effective outcome for both parties



ITEM 4 (continued) 3. Efficiency Analysis – Developed Design The developed design has many advantages over the VPA Design; Area

• An increase from 3,093m2 to 3,880m2 of 787m2 in GFA (gross floor area) representing an uplift of 25%

• An increase of from 2,700m2 to 3,341m2 of 641m2 in NUFA (net usable floor area) representing a 24% uplift which directly translates into an ability to accommodate more Council staff from the Civic Centre.

Ground Floor • The location of the staircase and position of the lift in the VPA Design forced

most of the area to act as circulation space and eliminated useful space for staff

• By proposing a feature spiral staircase and moving the lift next to the entry doors the Developed Design provides efficient accommodation for staff handling customers’ enquiries.

Level 1 • The new location of the void, through which the feature spiral stair rises, allows

the entries from those stairs, the lift and the ramp from Devlin Street to be consolidated into one point of arrival at the Library level, which maximizes the space available for Library operations.

• A net increase of 86m2 in floor area provides more space for public facilities. • The amenities are positioned against the service core to maximize useful

space. • The goods hoist is offset outside the main floor area to improve area efficiency • A fire staircase on the southern wall now provides access to Level 1A ,

eliminating the need for stairs in the middle of the floor as shown in the VPA design.

• A zone has been provided close to the goods hoist to allow a concentration of heavy storage, if needed.

Level 1A • Most of the double height void proposed in the VPA Design is preserved but

the feature spiral stair now connects all three levels offering a greater visual impact and a keynote of the Centre’s design when viewed from outside.

• A plant-room has been added to recognize Council’s need to control its working environment across all three levels: this had been omitted from the VPA Design.

• The floor area has been extended to provide connection with the goods hoist and the southern stair connection to Level 1, which provides significant extra office space for Council employees.

• Amenities have been correctly sized to cater for the maximum of staff that could be located on Level 1A



ITEM 4 (continued) 4. Accommodation Effectiveness – Developed Design On two floors, the Developed Design provides significant improvements in effective space. Ground Floor

• The VPA design allowed circulation space to dominate the floor area and would have made it difficult to provide comfortable work space for more than 5 staff. The Developed Design however looks to provide space for at least 15 staff, a 300% improvement in effectiveness.

Level 1A • The net usable floor area has increased by 540m2, a 77% which substantially

increases the capacity to accommodate staff. Overall, the Developed Design looks to be capable of providing effective space for at least 40 staff over the VPA proposal.

5. Costs Bevillesta Pty Ltd and the Quantity Surveyor for the whole development, WT Partnership, have reported that the changes to the VPA Design and Scope of Work to produce the Developed Design would require an additional $950,000, excluding GST, (Schedule Attached). This total has been negotiated between Bevillesta and Bovis Lend Lease and is a fixed price with the risk being with Bovis Lend Lease. This represents a cost increase of close to 11% for an increase in GFA of 25% and an increase in NUFA of 24% and is a value proposition. The value of this change has been investigated by Council’s Quantity Surveyor, who reports that the additional floor space would be acquired at a cost of $1,207/m2. This compares very favourably with the original cost per square metre of $2,710/m2 and a probable market equivalent for office space of $2,500 to $2,725/m2. Another way of looking at the value of increased floor space within the City of Ryde Centre is that the capacity to accommodate more staff from the Civic Centre reduces the amount of space needed to be leased temporarily when the Civic Centre site is redeveloped. If there were 40 less staff needing temporary space and assuming that space would be leased from the office market at 12m2 per person at a rental of $350/m2 pa, Council would avoid rental costs for 480m2. If that temporary space were required for 3 years, the savings could be in excess of $500,000. Management Plan Budget / Linkages This project is listed in the Management Plan 2008-2012 as the Ryde Town Centre Library fitout and is noted on page A.10 under the Building and Capital Works Program for 08/09 where the fitout design budget is $100,000 and also on page A.20 for that same Program in 09/10 with a budget of $2,500,000.



ITEM 4 (continued) Delivery of the City of Ryde Centre by the Developer is expected in the period 1st April 2010 to 1st July, 2010 with Council’s fitout following upon handover. The $950,000 required to improve the VPA design would increase the $2,500,000 budget to $3,450,000. However, that would be required in year 2009/10 and the fitout would follow in the next financial year. The proposed approach is therefore to utilise $1,200,000 of the budget in 09/10 and the remainder, $2,250,000 in year 2010/2011 and to recognise the increase and changed timing of the expenditure in the development of the Management Plan 2009-2013. Relationship to Key Outcome Areas


P1 A vibrant city that is economically strong and engages its community through cultural and social activities.

P3 A harmonious community through a culturally enriched and respectful society. By providing a well designed and effective design for the City of Ryde Centre, Council is providing a focal point in the Top Ryde shopping centre for those activities that link primarily with the public. Its Library, relocated from the Civic Centre site, will be the flagship public space within the Centre providing a welcoming environment of leisure and learning for all groups within the area. The new facilities for Customer Service will provide the initial link with the Council in a well identified and interesting Ground floor space adjoining the new Plaza, itself a location where Council will manage events in line with Council’s community strategies.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2008-2012):

A2 Well designed places and spaces that minimise personal harm and where

people interact with each other, so that crime is reduced. A3 A high standard of visual appearance as there is no litter or graffiti, and we

care for our infrastructure and public areas. The design of the City of Ryde Centre not only achieves strong outcomes for providing good workplaces and public facilities but through its location and the plans to provide a transparency in its façades, provides interaction between interior and exterior space in a safe environment overlooked, and bordered, by public areas, retail activity and, eventually, residential units integrated with the shopping centre development.




ITEM 4 (continued) E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. The City of Ryde Centre will seek to utilise in its interior design economically sustainable outcomes inline with Council’s environmental targets.


G4 A safe working environment with skilled staff who are committed to the

organisation’s visions and values. By providing effective accommodation for both the public and Council staff in an impressive new facility, the values of the Council will be clearly presented and made accessible to the public. Consultation – Internal and External Internal Council business units consulted included:- • Environment & Planning • Community Life • Corporate Services • Buildings and Property External public consultation has not been pursued outside of the DA and independent review processes involved in the original approval of the Top Ryde Shopping Centre redevelopment which included the Voluntary Planning Agreement which produced the City of Ryde Centre outcome. External consultation has involved:- Council’s Design Consultant, Brewster Hjorth Architects Council’s Quantity Surveyor, SJA Quantity Surveying Bevillesta Pty Ltd WT Partnership Bovis Lend Lease Policy Implications There are no policy implications through adoption of the recommendation. Critical Dates The opportunity offered by Bevillesta to improve the effectiveness of the City of Ryde Centre by increasing the floor area has been reached through several design investigations and negotiations and the program is at the point where a decision cannot be postponed without an adverse effect. A decision is required from Council in the first week of February.



ITEM 4 (continued) If the deadline is missed the Developer has the right to implement the original VPA design, which has been proved ineffective in meeting Council’s aims. It should also be noted that the timetable for the City of Ryde Centre is integrated into the whole programme of works, the key opening milestones of which are,

• Stage 1, October 2009 • Stage 2, February 2010 • Stage 3, July 2010

A delay in the City of Ryde Centre decision at this stage could impact the overall programme. Financial Impact The cost of improving the VPA Design of the City of Ryde Centre to produce more efficient and effective space is $950,000. This sum increases the fitout cost allowed in the 2009/10 Budget from $2,500,000 to $3,450,000. The proposal is to reposition this larger expenditure over both 2009/10 and 2010/11, thereby modifying the budget to $1,200,000 in 2009/10 and $2,250,000 in 2010/11. This allocation is to be confirmed during the development of the Management Plan 2009-2013.The increased expenditure will be funded through Section 94 contributions. The cost of maintaining the City of Ryde Centre will be integrated into future Operations Budget and as the Centre will replace other Council facilities there will be no net increase in maintenance costs. Other Options A decision not to proceed with the Developed Design and proceed with the original VPA Design would produce an ineffective solution for Council and increase future costs. Conclusion The process of evolving the Developed Design has taken considerable effort by Council officers and the team working for Bevillesta Pty Ltd. The latest plan reflects an effective and economic improvement to the concept design provided in the VPA. The Developed Design provides a more efficient and capacious solution for the City of Ryde. Council will acquire an increase of 787m2 in GFA and an increase of 641m2, for a cost of $950,000. This increase has been validated by Council’s Quantity Surveyor (letter attached) and found to be good value. RECOMMENDATION: (a) That the report of the Project Manager, Ryde Town Centre, dated 27 January

on PUBLIC-PRIVATE PARTNERSHIP (PPP) - Bevillesta Pty Ltd and Council of the City of Ryde - Redevelopment of Top Ryde Shopping Centre - Documentation be received and endorsed.



ITEM 4 (continued) (b) That Council accept the Developed Design proposal by Bevillesta to increase

the GFA of the City of Ryde centre to 3,880m2 and the NFA to 3,341m2 and that the General Manager be delegated to enter an agreement to finalise the detailed design and financial arrangements including the issue of 3 unconditional Bank Guarantees of $300,000, $300,000 and $350,000 to underwrite the $950,000.

(c) Council considers the additional funding requirements of $950,000 when

developing the 2009 - 2013 Management Plan. Report prepared by: Malcolm Harrild Project Manager, Ryde Town Centre Report approved by: Louise Gee Group Manager, Community Life



ITEM 4 (continued) ATTACHMENT 1



















































5 ADVISORY COMMITTEE – REQUEST TO REVIEW COMMUNITY REPRESENTATIVE NOMINATIONS TO ACCESS COMMITTEE

Report prepared by: Group Manager Corporate Services Report dated: 8 January 2009

Report Summary Following Council’s determination of the community representatives on Council’s Advisory Committee at its meeting on 9 December 2008, and formal advice to all nominees, a nominee for the Access Committees, has requested Council to reconsider its decision and to be reinstated on to the Committee. Background Council in undertaking its appointment of community representatives to all Advisory Committees undertook a comprehensive process of review of its Advisory Committees as summarised below;

• On 2 October 2008, a Councillor Workshop was held to fully brief and discuss all Advisory Committees with the newly elected Council, including their terms of reference and membership.

• On the 7th October, Council endorsed the establishment of its Advisory Committees for 2008-2012 which included the Access Committee, amended the Terms of Reference for all Advisory Committees and endorsed the calling of Expressions of Interest for all Committees for the current term of Council.

• Expressions of Interest were called through public advertisements from 17 October 2008.

• A Councillor Workshop was held on 25 November 2008 to evaluate and discuss nominations. As a result of this workshop, three Committees (Access, Bushland Environs, Cities for Climate Protection) were required to have all Councillors undertake a vote for the community representatives for each of these Committees.

• Following this process, a Council report was then presented to Council for its consideration and determination of all community representatives for Advisory Committee at its meeting on Tuesday 9 December 2008.

Report Following Council’s determination of community representatives for all City of Ryde Advisory Committees at its meeting on 9 December 2008, all nominees were formally advised of Council’s decision. Following this advice one of the nominees for the Access Committee, has written to Council highlighting their history in working with Council and is requesting Council reconsider its decision and is seeking to be reinstated on the Access Committee. A copy of the nominee’s letter is ON FILE and is CIRCULATED UNDER SEPARATE COVER- CONFIDENTIAL. Consultation Internal Council business units consulted included: • Group Manager – Community Life



ITEM 5 (continued) Critical Dates The Advisory Committees are due to convene in February 2009. Management Plan Budget/Linkages Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2012);

P2 A city that plans for people by involving them in decision making to improve their quality of life. The Advisory Committees provide valuable input into the decision making processes of Council through community representation and participation.

Assets This matter has no direct relationship to this key outcome area.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2012): G1 Improve awareness and understanding of Council’s decisions by the

community G2 Members of the community are engaged in democratic decision

making. G3 Review of best practices approaches on Governance to enhance the delivery of services to the community.

By establishing a template for Terms of Reference for Council related Committees, a consistent methodology applies to the operation and function of these Committees. The Advisory Committees also provide valuable input into the decision making processes of Council through community representation and participation. Financial Impact There is no financial impact associated with this report. Policy Implications There are no policy implications through the adoption of this recommendation.



ITEM 5 (continued) Other Options Council in considering this matter, has the following options:-

(i) maintain its previous decision and not agree to the request to be reinstated;

(ii) agree to the request and appoint to the Committee. This will also require Council to increase the Community Representatives of this Committee from twelve (12) to thirteen (13);

(iii) refer the matter to a Councillor workshop for further discussion. RECOMMENDATION: That this matter be considered by Council. Report prepared by Roy Newsome Group Manager – Corporate Services Report approved by Michael Whittaker General Manager



6 ROUNDABOUT CONSTRUCTION PROGRAM 2008/2009 - Update Report prepared by: Manager Access Report dated: 27 January 2009

Report Summary This report reviews the status of the roundabouts listed for construction in the 2008/9 Traffic Facilities Construction program and seeks endorsement for the completion of the program. Background Council approved construction of the following roundabouts in 2008-9 financial year as part of the Management Plan 2008-2012.

• Constitution Road/Mons Avenue Roundabout • Hermitage Road/Wattle Street Roundabout • Princes Street/Phillip Road Roundabout • Ryedale Road/Fourth Avenue Roundabout • Thompson Street (Higginbotham Road/Monash Road) Roundabout

• Threlfall Street/North Road Roundabout

• West Parade/Hillview Road Roundabout In addition the following projects were approved carry over projects from the 2007/8 program:

• Melville Street/Goodwin Street Roundabout • Adelaide Street/Moss Street Roundabout

With respect to the Melville/ Goodwin roundabout, Council’s Public Facilities & Services Committee at its meeting on 14 October 2008 resolved, as follows: “(a) That the report of the Senior Traffic & Development Construction Engineer,

dated 30 September 2008 on the “Melville and Goodwin Street (Proposed Roundabout) – Review of Community Feedback” be received and noted.

(b) That subject to the endorsement of the Ryde Traffic Committee: (i) Council approves the installation of the roundabout at the intersection of

Goodwin and Melville Street, West Ryde with additional signage “Changed Traffic Conditions Ahead (T1-23)”

(ii) Residents in the vicinity of this intersection, and petitioners, be advised of Council’s decision and staff endeavour to meet personally with the immediate adjacent residents in relation to the final design.”

The Ryde Traffic Committee at its Meeting held on 16 October 2008 recommended the following, with respect the proposed roundabout at Goodwin Street & Melville Street, West Ryde:



ITEM 6 (continued) “(a) That Council notes the information contained within this report tabled at the

Ryde Traffic Committee meeting on the 16 October 2008. (b) That Council approves the attached design plan (19/278) for the construction

of the roundabout at the intersection of Goodwin Street and Melville Street, West Ryde.”

A copy of the Report to the Public Facilities & Services Committee on 14 October 2008 is ATTACHED as attachment 1. Also CIRCULATED UNDER SEPARATE COVER is a summary of consultations with residents in the vicinity of the roundabout: (a) Petition received by Council on 15 July 2008 (b) Letter from Council to Residents dated 15 September 2008 (c) Letter from Council to Residents dated 27 October 2008 (d) Letter from Council to Residents dated 10 December 2008. Due to opposing views and representations from residents of Melville and Goodwin Streets, Council’s further endorsement for construction of this roundabout and others yet to be constructed is sought. Report The status of the roundabouts is as follows: • Constitution Road/Mons Avenue Roundabout - under construction • Hermitage Road/Wattle Street Roundabout - under construction • Princes Street/Phillip Road Roundabout - being designed • Ryedale Road/Fourth Avenue Roundabout - completed • Thompson Street (Higginbotham Road/Monash Road) Roundabout - being

designed • Threlfall Street/North Road Roundabout - under construction • West Parade/Hillview Road Roundabout - being designed • Melville Street/Goodwin Street Roundabout - designed • Adelaide Street/Moss Street Roundabout - completed

Roundabouts are provided for various reasons, including: • To improve traffic safety by reducing the potential for accidents involving turning

vehicles • Assist in reducing straight line speeds (traffic calming) • Improve opportunities for minor road traffic to enter major road traffic flows The accident database, for the period 2004-2007, for the roundabouts yet to be constructed, is as follows:



ITEM 6 (continued)

Intersection No of Accidents

Description Will roundabout deter accident

type? Goodwin / Melville 0 Princes / Phillip 2 10: Cross traffic; 29: Other

opposing

Yes

Thompson / Higginbotham

3 21: Right thru; 30: Rear end; 73: Right off into parked object / parked vehicle

Yes

West / Hillview 2 21: Right thru; 47: Emerging from driveway

Yes

The above accident history indicates that for 3 of the remaining 4 roundabouts, construction of a roundabout will assist in the reduction of accidents of a similar type. Goodwin / Melville Intersection. Whilst there have been no reported accidents at this location, a roundabout is considered to benefit public safety because of limited sight distance (to the north) at the intersection and approach speed of some vehicles down Melville Street. Melville Street carries low / moderate traffic volumes and is a well used connection for traffic entering the area from Blaxland Road. Princes / Phillip Intersection. The accident data supports a roundabout at this location. Due to the wide median on the northern arm of Princes Street, the layout of the intersection the roundabout will need to be elongated, which may diminish some of the safety benefits. Phillip Road is relatively lightly trafficked (1904 vpd – AADT 1998). Thompson / Higginbotham Intersection With three accidents, the accident data supports a roundabout at this location. Due to the layout of the intersection the roundabout will need to be oblong. Thompson / Higginbotham carry moderate traffic volumes (5932 vpd – AADT 1995). Of the remaining roundabouts to be constructed this location is considered to give the most benefit in terms of safety. West / Hillview Intersection With two accidents, the accident data supports a roundabout at this location. The layout is complex to accommodate the access needs of buses, vehicles and pedestrians and minimising the impact on parking. Due to the angle of the railway station, bus / parking / set down approach, and the congestion at park times, a roundabout would improve access onto West Parade and Hillview Road.



ITEM 6 (continued) West Parade carries moderate traffic volumes (5174 vpd – AADT 1995). The need for this intersection was identified in the Eastwood Town Centre Transport Management and Access Plan, (TAMP) which was approved by Council 14 October 2008. Consultation Internal Council business units consulted included:- • Operations business unit Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • A survey of all residents in Melville and Goodwin Streets • Face to face meetings with residents with concerns re the design • Written and verbal communications with residents re concerns Comments for Melville Street Roundabout: • The survey indicated that more residents along the full length of Melville and

Goodwin Streets favoured construction of the roundabout than were opposed. • Opposing written and verbal opinions have been expressed – some in support

and others opposing the proposed roundabout. • Most residents in the immediate vicinity of the intersection opposed the

construction of a roundabout. Critical Dates The following deadlines are required to be met: • The listed works are scheduled for completion by 30 June 2009. Management Plan Budget / Linkages This project is from the Management Plan (Capital Works / Traffic Facilities Construction Program) listed on page No. A-9 of the Management Plan 2008-2012. Relationship to Key Outcome Areas


P2 A city that plans for people by involving them in decision making to improve their quality of life.

The community’s views particularly in relation to Melville / Goodwin intersection have been carefully considered



ITEM 6 (continued)


A1 Well designed streets and paths where motorists, cyclists and pedestrians feel safe.

A key benefit of the roundabout program is to improve the safety of motorists

Environment This matter has no direct relationship to this key outcome area.


G1 Improved awareness and understanding of Council’s decisions by the community.

G2 Members of the community are engaged in democratic decision making. This report is in response to representations from the community. Financial Impact This program is provided for in the current budget 2008-2009 Traffic Facilities Program, within the Access Capital Works Budget. Policy Implications Nil. Other Options Staff have prioritised the remaining intersections proposed for construction of roundabouts in descending order, based on improving safety, traffic calming and access: 1. Thompson / Higginbotham 2. West / Hillview 3. Princes / Phillip 4. Melville / Goodwin. Conclusion The provision of roundabouts within the city is beneficial for traffic safety and access. There is sound engineering reasons to support the construction of the roundabouts in the locations approved in the 2008-12 Management Plan.



ITEM 6 (continued) RECOMMENDATION: (a) That the report of the Manager Access dated 27 January 2009 on the

Roundabout Program 2008-2009 update, be received and noted. (b) That Council complete construction of all the roundabouts listed in the 2008-

2009 financial year, as part of the 2008-2012 Management Plan. Report prepared by: Andrew Cooper Manager Access Report approved by: Kim Woodbury Group Manager Public Works



ITEM 6 (continued) Previous Report ATTACHMENT 1

































7 EASTWOOD STORMWATER QUALITY IMPROVEMENT DEVICE – Status Report

Report prepared by: Senior Civil Engineer Report dated: 23 January 2009 File No. COR2007/2167

Report Summary To advise Council of the status of investigations into the proposed Stormwater Quality Improvement Device (SQID) on the Terry’s Creek culvert system in Eastwood Park, and to recommend that Council not proceed with this project due to the likely impacts on the performance of the drainage system and resulting increase in flood risk. Background As part of the City of Ryde’s commitment to improving the quality of stormwater discharging into the Lane Cove and Parramatta River’s, there have been ongoing investigations into the provision of a Stormwater Quality Improvement Device (SQID) on Council’s drainage network that services the Eastwood Town Centre and upstream areas. These investigations centred on a SQID within Eastwood Park near West Parade to remove gross pollutants such as litter, organics (leaves and branches) and sediment from stormwater before it enters Terry’s Creek . The drainage system within Eastwood Park consists of twin box culverts and drains under the Northern Railway Line to Sydney Water’s drainage system and then to Terry’s Creek. The Terry’s Creek stormwater catchment extends from Carlingford to the Lane Cove River. Whilst the majority of the Terry’s Creek catchment is located in the City of Ryde, parts of the catchment are also located in the Parramatta City and Hornsby Shire Council’s Local Government Area. Being located with the Terry’s Creek catchments, the Eastwood Town Centre is a contributor of litter and other gross pollutants that enter the drainage system. Council is also currently preparing to publicly exhibit the Eastwood & Terry’s Creek Flood Study and Floodplain Management Study & Plan which describes flood behaviour along Terry’s Creek and its tributaries and recommends a draft action plan to better manage flood risk. Report In September 2007, Council engaged consulting engineers Northrop to undertake an options assessment and prepare design documentation for a SQID on the trunk drainage system that services the Eastwood Town Centre area. The primary aim of this challenging project was to efficiently treat the large volumes of flow from the upstream catchment, whilst ensuring the treatment device would not exacerbate flooding in the Eastwood Town Centre and surrounding areas. After considering various proprietary units and locations, the consultant recommended a pair of CDS 3030 gross pollutant traps (GPTs) adjacent to West Parade to service both of the underground stormwater culverts.



ITEM 7 (continued) The operation of these GPTs would rely upon collapsible weirs within the box culverts, which would be designed to stay upright and direct low flows into the GPTs for treatment, and collapse under increased water pressure to allow larger storm events to pass through unhindered. During concept design investigations, the risk of additional flooding of the Eastwood Town Centre if the collapsible weirs were to jam in the upright position during a major storm event was identified. This scenario could possibly occur if debris in the drainage system is caught within the weir mechanism. Given the existing flood risk within the Eastwood Town Centre, this was considered an unacceptable risk and it was resolved to conduct further detailed hydraulic investigations into the collapsible weir proposal. In August 2008, Council engaged specialist consultants Balance RnD to carry out detailed hydraulic investigations into the collapsible weir mechanism and its possible impact on the operation of the drainage system. This report concluded that in its current configuration the implications of the weir not collapsing are significant, with the capacity of the existing stormwater system being severely constrained. The report also noted that whilst fine tuning of the current design would probably minimise system impacts (the report provides several options for improving the current design) it would be unlikely the impacts could be completely eradicated, particularly in more frequent storm events. This is because the proposed weir and flow diversion chamber represent an abrupt enlargement and contraction within the underground system, resulting in high energy losses and higher flood levels upstream. Given the history of flooding within the Eastwood Town Centre, the risks associated with installing devices that could possibly worsen flood impacts is considered to render the current proposal unfeasible. On the basis it is recommended Council not proceed with the current proposal to install GPTs on the twin box culvert system at Eastwood Park. A copy of the summary report is contained ON FILE and is CIRCULATED UNDER SEPARATE COVER. An alternative proposal would be to provide several smaller gross pollutant traps and pit litter baskets / traps to catch and remove gross pollutants (especially litter) from the local catchments that drain the Eastwood Town Centre. Whilst not treating flows from upstream residential areas, including parts of Parramatta City Council, this proposal would provide higher removal efficiencies from land uses with higher pollutant generating potential – retail and commercial areas within the Town Centre itself. Preliminary investigations undertaken by Council officers have determined that this approach would be feasible, may be undertaken with minimal impact on the capacity of the drainage system and could be achieved at a lower capital cost. Council may therefore consider a smaller funding allocation in the 2009/10 financial year in order to meet the overall objective of improved stormwater quality.



ITEM 7 (continued) This lower cost option will be submitted for consideration in the development of the 2009-2013 Management Plan. Consultation Internal Council business units consulted included:-

• Not applicable Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages This project is from the Management Plan (Eg. Key Action Plan/Capital Works Etc) listed on page No. A-11 of the Management Plan 2008-2012. Relationship to Key Outcome Areas This project has no implications on this key outcome area.


A3 A high standard of visual appearance for our infrastructure, built environment

and public areas. The collection and removal of litter generated within the Eastwood Town Centre and transported via Council’s drainage system will improve the appearance of parks and natural areas along Terry’s Creek.


E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. E3 Preserved natural ecological systems and areas. E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use. This project aims to improve the quality of stormwater entering our natural waterways by reducing the amount of litter being transported through the drainage system.



ITEM 7 (continued) This project has no implications on this key outcome area. Financial Impact The 2008/2009 Capital Works program includes a budget of $800,000 towards this project (Project CP 21015). As this report proposes not to proceed with the current proposal due to the reported flood impacts it is proposed the current budget be reduced to $10,000 to cover investigation and design work carried out to date. The estimate for undertaking the alternative water quality works measures in 2009-2010 is $300,000. Policy Implications There are no policy implications through adoption of the recommendation. Other Options An alternative, lower cost and lesser impact option of improving the quality of stormwater discharging from the Eastwood Town Centre has been identified in this report and, subject to funding, is proposed to be implemented as part of the 2009/10 Catchments & Assets capital works program. Conclusion Investigations have concluded the installation of stormwater quality improvement devices on Council’s twin box culvert system under Eastwood Park is not feasible due to the risk of exacerbating the existing flood problem within the Eastwood Town Centre in the event of a malfunction of the collapsible weirs system. As an alternative, it is proposed to install two smaller gross pollutant traps (GPTs) on lesser sized stormwater pipelines in the Eastwood Town Centre to catch and remove litter that is generated from the Town Centre only. A series of pit litter baskets / traps would also be installed on drainage pits that have a direct connection to the trunk drainage system. RECOMMENDATION: (a) That the report of the Senior Civil Engineer, dated 23 January 2009 on the

status of the Stormwater Quality Improvement Device at Eastwood be received and noted.

(b) That Council endorses the recommendation not to proceed with the current

concept design proposal given the potential for increased flood risk, and to reduce the project budget from $800,000 to $10,000 for 2008-2009.

(c) That Council consider a funding allocation for a local stormwater quality

improvement project focussing on the Eastwood Town Centre only, when developing the 2009-2013 Management Plan.



ITEM 7 (continued) Report prepared by: Robert Lenferna Senior Civil Engineer Matthew Lewis Manager – Catchments & Assets Report approved by: Kim Woodbury Group Manager Public Works



8 TENDER NO. COR-RFT-16/08 - Supply & Installation of a Stormwater Harvesting System at Ryde Park

Report prepared by: Senior Catchments Engineer Report dated: 23 January 2009 File No. COR2007/1489

Report Summary This report has been prepared to advise the Council of the outcomes of the Request for Tender (COR-RFT-16/08) that was issued on 25 November 2008 for the supply & installation of a stormwater harvesting system at Ryde Park, and seeks the Council’s endorsement of the recommended tenderer. Background At its meeting of 13 May 2008, Council’s endorsed the concept plan for a stormwater harvesting system for Ryde Park. In July 2008, Storm Consulting were engaged to prepare detailed design and construction documentation, with the scope of the design services including capturing, filtering, treating and distributing harvested stormwater to the Main Oval irrigation system. The documented stormwater harvesting system broadly comprises of an off-take pit at the existing gross pollutant trap at Argyle Avenue, where stormwater treated to a primary level of treatment is directed via gravity pipe system to secondary filtration “hydrofilter” pits and then to a 425kL underground storage system. The harvesting stormwater is then treated via a UV disinfection plant immediately prior to irrigation distribution. The scope of works covered by this tender broadly includes: • Excavation of the pipe trenches and storage arches • Supply and installation of hydrofilters • Supply and laying of drainage pipes and pits • Supply and laying of the 425kL stormwater storage trenches underneath the

playing field • Construction of the UV disinfection enclosure, supply and installation of the UV

disinfection unit and screen filter and relevant pipe work • Supply & installation of a submersible pump • Backfilling of trenches and topsoiling • Reinstatement of turf and clearing the site to pre-construction condition Report The Request for Tender for the supply and installation of a stormwater harvesting system at Ryde Park was publicly advertised on 25, 26 and 29 November 2008 and 2, 3 and 6 December 2008 . An on-site compulsory pre-tender meeting was held on 9 December 2008. The Request for Tender closed on Tuesday, 16 December 2008 and tender submissions were received from the following contractors: • Athassel Excavations Pty Ltd • Austexc Pty ltd • Civil Constructions Pty Ltd • Collective Civil Pty Ltd



ITEM 8 (continued) • Glascott Group Pty Ltd • INNACO Pty Ltd • Maintek Freshwater Pty Ltd • Springfield Civil • Trackline Civil Pty Ltd • Tricomm Construction Pty Ltd Tender submissions were evaluated by the assessment panel using an Assessment Matrix and no late tenders were received. A Tender Evaluation Report is provided ON FILE and CIRCULATED UNDER SEPARATE COVER. Pursuant to Section 10A(2)(d) of the Local Government Act 1993, this document is listed as confidential as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it. Furthermore, it is considered that discussion in open meeting, would, on balance, be contrary to the public interest as it could affect Council’s ability to secure the preferred tenderers. The assessment was based on the following criteria as outlined in the Request for Tender document: • Tender Price • Experience • OHS & R • Conformity to the EPA requirements & past records of non-compliance • Sustainability considerations • Availability of Resources • Conformity to the Documentation & understanding of Council’s requirements • Methodology and • Project program Athassel Excavations Pty Ltd was assessed with the highest score by the Tender Assessment Panel meeting all required criteria and providing a service and was also deemed to be the lowest priced tenderer. Consultation Internal Council business units consulted included:- • Not Applicable Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable.



ITEM 8 (continued) Critical Dates To facilitate the availability of the lower playing field for winter sessions, construction works have been programmed to commence in early February 2009 and to be completed before the end of March 2009. Management Plan Budget / Linkages This project is from the Management Plan listed on page No. A-11 of the Management Plan 2008-2012. This project forms part of the Catchments & Assets 2008/2009 Capital Works Program. Relationship to Key Outcome Areas


P1 A vibrant city that is economically strong and engages its community through cutltural and social activities.

P2 A city that plans for people by involving them in decision making to improve their quality of life.

P3 A harmonious community through a culturally enriched and respectful society. Key stakeholders and members of the local community have been consulted as part of the planning activities associated with the development of the proposed system.


A2 Well designed places and spaces that minimise personal harm and where people interact with each other.

A3 A high standard of visual appearance for our infrastructure, built environment and public areas.

The proposed system will provide a more permanent water source for sports field irrigation, while current water restrictions prevent regular irrigation, causing degradation of turf surfaces.


E4 Clean water through control of pollution entering our waterways and through protection of these waterways.

E5 A leafy City through parks, gardens, trees and the built environment. E8 Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. The implementation of the proposed system will reduce both the quantities of pollutants entering Buffalo Creek, and the consumption of potable water for open space irrigation.



ITEM 8 (continued)


G3 Incorporation of best practice approaches in the delivery of services to the community.

G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment. It is considered the proposed system represents best practice urban stormwater management through water quality improvement and the reduction of potable water consumption. An REF has been prepared according to the requirements of Section 111 of the Environmental Planning and Assessment Act 1979 (as amended). In addition, the procurement of construction services has been undertaken in compliance with Council’s procurement policy and relevant regulatory requirements. Financial Impact This project is provided for in the 2008/2009 Catchments & Assets capital works budget. An amount of $420,000 is available for the detailed design and construction of the system. Policy Implications There are no policy implications through adoption of the recommendation. Other Options No alternative options were considered as Council approved the concept proposal at its meeting of 13 May 2008. Conclusion All tender submissions have been assessed in compliance with Council’s procurement policy. Following the assessment process, it was determined that Athassel Excavations Pty Ltd provided the most cost-effective and value for money tender to the Council and thus is recommended for acceptance. RECOMMENDATION: (a) That the report of the Senior Catchments Engineer dated 23 January 2009 on

the Request for Tender for the supply & installation of a stormwater harvesting system at Ryde Park be received and noted.

(b) That the tender submitted by Athassel Excavations Pty Ltd to supply & install a

stormwater harvesting system at Ryde Park at the tendered amount of $371,993 be accepted.

(c) That the successful and unsuccessful tenderers be advised of Council’s

decision.



ITEM 8 (continued) Report prepared by: Velu Manohar Senior Catchments Engineer Report approved by: Kim Woodbury Group Manager - Public Works



9 TENDER No. COR-RFT-18/08 - Excavation and Cable Preparatory Works – Eastwood Town Centre - Stage 1 - (Railway Parade between Ethel Street and Rowe Street)

Report prepared by: Project Manager (Civil)

Report dated: 27 January 2009 Report Summary This report is to advise Council on the Tender received for Excavation and Cable Preparatory Works - Eastwood Town Centre Stage 1 (Railway Parade between Ethel Street and Rowe Street). The project is a part of the Town Centre upgrading work in the 08/09 Capital Works Program. The streetscape works includes the installation of conduits for future undergrounding of power, civil work, electrical and services, landscaping and clay paving. Background Council is carrying out further improvements in the Eastwood Town Centre. More specifically, on Railway Parade between Ethel Street and Rowe Street as Stage 1. This Tender is for excavation and cable preparatory works for the undergrounding of power services and provisions for future Multi Function Poles street lighting installation; as per the specification prepared by JDG on Council’s behalf. This work needs to be completed before civil, clay paving and other landscaping works are undertaken. Report Council has recently requested for tenders from Energy Australia Accredited Service Provider – ASP 1 (COR-RFT- 18/08) for excavation and cable preparatory works for stage 1 of Eastwood Town Centre. Tenders were advertised in the Sydney Morning Herald on 16, 17 and 20 December 2008. Two (2) addenda were issued during the Public Tendering period. Tenders closed on 13 January 2009. Eight (8) tenders were received. The companies from which submissions were received are (in alphabetical order):

The submissions were opened in accordance with Council protocol.

Company • CLM Infrastructure Pty Ltd • Diona Pty Ltd • Macaya Electrical Services Pty Ltd • Poles and Underground Pty Ltd • Power Serve Pty Ltd • Tirawley Contracting Pty Ltd • Vital Services Pty Ltd • Wilkens Pty Ltd



ITEM 9 (continued) Details of the Tender assessment are contained with the Tender Evaluation Report - APPENDIX A. (ON FILE and CIRCULATED UNDER SEPARATE COVER- CONFIDENTIAl). Pursuant to Section 10A (2) (d) of the Local Government Act 1993, these documents are listed as confidential as they contain commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it. Furthermore, it is considered that discussion in an open meeting would, on balance, be contrary to the public interest as it could affect Council’s ability to secure the preferred tenderers. The tenders were assessed by a panel, consisting of four (4) Council Officers. Tenders were assessed on the following assessment criteria: Table 3.1 – Tender Evaluation Criteria The Assessment Panel recommends the acceptance of the Tender submitted by Diona Pty Ltd as the highest ranked tender based on the criteria. Diona Pty Ltd also submitted the lowest tender price. Consultation Internal Council business units consulted included:- • Access Unit • Catchments Unit • Parks Assets section Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable

Criteria Conformity to the documentation - Mandatory 1. Price

• Demonstrated Understanding of Council’s requirements

2. Contracting experience on similar type and size of projects • Previous Experience • Referees

3. Availability of Resources • Ability to meet Councils’ timetable • Proposed Personnel including Sub Contractors • Availability of suitable resources

4. Company Capacity • Company structure • OHS & R • Environment • Financial Capacity

Level 1 Accredited Service Provider (ASP 1) - Mandatory Insurances - Mandatory



ITEM 9 (continued) External public consultation included:- • Not Applicable Critical Dates Council is working to complete the Eastwood stage 1 works by June 2009. Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on pages 32-33 of the Management Plan 2008-2012):

P1 A vibrant city that is healthy, physically attractive, economically strong and engages its community through cultural and social activities.

P2 A city that plans for people by identifying their diverse needs and involving them in decision making to improve their quality of life.

The streetscape upgrade will create a more visually attractive public domain, whilst meeting the needs of local businesses, rail commuters and pedestrians.


A1 Well designed streets and paths where motorists, cyclists and pedestrians feel safe.

A3 A high standard of visual appearance as there is no litter or graffiti, and we care for our infrastructure and public areas.

A high quality and durable Town Centre will be provided outside Eastwood Station. The design of the streetscape upgrade has been developed to complement the works previously carried out on the western side of Eastwood – Eastwood mall.


E2 Attractive streets, public places and buildings through better planning and design which is responsive to community expectations and our local environment.

Governance This matter has no direct relationship to this key outcome area.

G3 Incorporation of best practice approaches in the delivery of services to the community.

G5 Compliance with all legislative requirements and statutory obligations. This project has been designed by accredited designers and approved by Energy Australia.



ITEM 9 (continued) Financial Impact This project is funded under the Eastwood Town Centre Upgrade (Renewal) Program 2008/2009 ($800,000). The on-going cost of maintaining this project will not be significantly more then current maintenance cost. Management Plan Budget / Linkages This project is from the Management Plan (Assets/Capital Works/Town centre Upgrades) listed on page No. A-8 of the Management Plan 2008-2012. Conclusion The Eight (8) Tenders received for COR-RFT-18/08 - Excavation and Cable Preparatory works Eastwood Town Centre are considered competitive and the recommended Tender satisfies Council’s selection criteria. RECOMMENDATION: (a) That the report of the Project Manager – Civil, dated 27 January 2009 on-

Request for Tender no. COR-RFT- 18/08 – Excavation and Cable Preparatory Works – Eastwood Town Centre Stage 1 (Railway Parade between Ethel Street and Rowe Street) be received and noted.

(b) That the tender submitted by Diona Pty Ltd for COR-RFT - 18/08 - Excavation

and Cable Preparatory Works – Eastwood Town Centre – Stage 1 (Railway Parade between Ethel Street and Rowe Street) for $273,984.48 (incl GST) be accepted.

(c) That the unsuccessful Tenderers be advised of Council’s decision. Report prepared by: Peter Nguyen Project Manager (Civil) Report approved by: Mr Kim Woodbury Group Manager Public Works



10 MANAGEMENT PLAN IMPLEMENTATION – 1 October – 31

December 2008 File No. COR2008/758 Report prepared by: Senior Management Accountant and Chief Financial Officer

Report dated: 28 January 2009 Report Summary As required under section 407 of the Local Government Act, 1993 the quarterly review of the Management Plan as at 31 December 2008 is presented to Councillors. This review reports on the performance of Council in undertaking its Principal Activities in terms of its stated objectives and financial position. The following individual reporting documents have been prepared and are CIRCULATED UNDER SEPARATE COVER. DOCUMENT Management Plan 2008-2012 - provides a ‘snapshot’ of Council’s

performance in the quarter relative to several high profile activities. ANNEXURE 1 Financial Management Summary Report – graphical

representation of financial performance to 31 December 2008. ANNEXURE 2 Summary of Proposed Operating Budget Revised Budget Changes

– details items that have had a budget adjustment with a brief explanation of each.

ANNEXURE 3 Summary of Proposed Capital Expenditure Revised Budget Changes – details items that have had a budget adjustment with a brief explanation of each.

ANNEXURE 4 Capital Status Report – provides comments regarding the status of all of Council’s Capital Expenditure projects.

Presentation – During the Council meeting, the General Manager will make a presentation on the quarterly review as at 31 December 2008. In the remainder of this report an overview is provided on the key aspects of Council’s financial performance for the second quarter. Included in this report, the Responsible Accounting Officer is required to report and provide a statement on Council's financial position which is dated 28 January 2009 and is ATTACHED to this report. Report Financial Position The financial management report (see ANNEXURE 1) identifies performance to 31 December 2008 against the Management Plan. Working Capital Summary The 2008/2009 Budget forecasted a closing working capital position as at the 30 June 2009 of $2.9 million. Revisions to the budget during the second quarter have resulted in a projected increase to Working Capital of $295K with working capital as at the 30 June 2009 now forecasted to be $3.2 million.



ITEM 10 (continued) Summary of Budget Performance – December Quarter 2008 Variations to Council’s budget for the quarter can be summarised as follows;

Current Budget

Dec Revised Budget

Dec Qtr

Variance

$'000 $'000 $'000

Operating Revenue 79,250 79,749 499

Direct Operating Expenditure (63,992) (68,411) (4,419)

Direct Operating Result 15,258 11,338 (3,920)

Capital Income 13,388 10,544 (2,844) Depreciation (14,832) (14,832) 0

Total Operating Result 13,814 7,050 (6,764)

Capital Expenditure (49,076) (46,315) 2,761 The remainder of this report details major variations to the 2008/2009 Budget by income and expenditure classifications.



ITEM 10 (continued) Operating Income

Key Outcome Areas

Current Budget

Dec Revised Budget

Dec Qtr

Variance $'000 $'000 $'000

People 7,843 7,843 0 Assets 16,792 17,162 370 Environment 7,227 7,227 0 Governance 47,387 47,516 129 Total Operating Income 79,250 79,749 499 Assets $370K • The roads component of the Financial Assistance Grant has been increased by

$45K, to $730K following confirmation from the Department of Transport and Regional Services.

• Kerb and Gutter fee income has been increased by $80K, representing an increase in the numbers of applications for this service. This increase is offset by the additional capital expenditure costs for the construction of kerb and gutter crossings.

• Council has received a $245K incentive payment from the Department of Environment and Climate Change following an increase in waste recycling. This income is externally restricted as part of the Domestic Waste Management Reserve.

Governance $129K • The general component of the Financial Assistance Grant has been increased by

$129K, to $1.894M following confirmation from the Department of Transport and Regional Services.

Capital Income

Key Outcome Areas

Current Budget

Dec Revised Budget

Dec Qtr

Variance $'000 $'000 $'000

People 165 546 381 Assets 997 997 0 Environment 12,225 9,000 (3,225) Governance 0 0 0 Total Capital Income 13,388 10,544 (2,844)



ITEM 10 (continued) People $381K • Council has submitted an application to the Federal Government under the

Regional and Local Community Infrastructure Program for $381K for the Buffalo Creek Trail capital expenditure project.

Environment $3.225M • Section 94 Contribution income has been reduced by $2.725M to $7.5M. Council

has received only $407K in contributions to the 31 December 2008 indicating that the current economic climate and the difficulty facing developers in getting finance is significantly affecting this income item. The capital works projects funded by Section 94 Contributions have also been reduced. This income is externally restricted. Council should be aware if the depressed property market continues, then a significant variation to Section 94 contribution income will be required in the quarterly reviews for March and possibly June 2009.

• Voluntary Planning income has been reduced by $500K to $1.5M as it is difficult to predict when these approved contributions will be paid. This income is internally restricted and funds capital works projects.

Operating Expenditure

Key Outcome Areas

Current Budget

Dec Revised Budget

Dec Qtr

Variance $’000 $’000 $'000

People 18,134 18,134 0 Assets 23,005 23,005 0 Environment 10,065 10,275 210 Governance 12,788 16,997 4,209 Total Operating Expenditure 63,992 68,411 4,419 Governance $4.209M • Council has been required to write-off three (3) financial investment assets during

the December quarter to the value of $3.909M as a direct result of the global credit crisis. Funds from the Financial Security Reserve will be utilised to offset this write-down.

• Workers Compensation Insurance Premium costs for the 2008/2009 premium year are expected to increase by $300k to $1.4M, primarily as a result of the statutory rates set by the State Government.

Environment $210K • Environment and Planning Assessment expenditure for external consultant’s fees

is proposed to be increased by $210K to $450K. A number of large Development Applications have been lodged this financial year including Eastwood Centre, Macquarie Park Shopping Centre and Top Ryde and the statutory fees for Development Applications (DAs) does not cover costs.



ITEM 10 (continued) Capital Expenditure

Group

Current Budget

Dec Revised Budget

Dec Qtr

Variance $'000 $'000

People 15,163 13,109 (2,054) Assets 31,605 30,898 (707) Environment 33 33 0 Governance 2,275 2,275 0 Total Capital Expenditure 49,076 46,315 (2,761) The status of all capital Projects is detailed in Annexure 4 of the Management Plan 2008-2012 document, whilst major variations to budget are detailed below. Parks $2.054M • The Buffalo Creek Trail budget has been increased by $381K to $981K. Council

has submitted an application to the Federal Government under the Regional and Local Community Infrastructure Programme to extend this project.

• The Open Space Property Acquisitions budget has been reduced by $2.3M. This adjustment reflects the decrease in Section 94 Contributions received.

• Playing Field Remediation Subsidence on Old Landfill Sites budget has been reduced by $100K. The value of works programmed this financial year is $150K.

Buildings and Property $89K • Ryde Town Centre Library Fit-out budget has been increased by $100K to reflect

the contribution towards this project from the Beville Group. Access $105K • Kerb and Gutter construction expenditure has been increased by $105K to reflect

the cost of installations in response to an increase in customer applications. Catchments & Assets $901K • The Eastwood (SQID) Water Quality improvement project has been reduced by

$790K. It is recommended that this project not proceed and is pending a report to Council – 3 February 2009.

• Drainage Through Parks program has been reduced to zero. There are no outstanding works.

Other Items In addition to the items listed above there are budget variations as at 31 December 2008 that are a result of profiling changes or expenditure/income being received earlier or later than expected. While these items do not affect Council’s Working Capital balance they contribute to the year to date variations.



ITEM 10 (continued) Consultation • All Internal Council business units were consulted. Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable Comments Service Unit Managers have reviewed their unit budgets at the end of the December 2008 quarter to declare any variations to budget that will impact on the Council’s financial position. Critical Dates The following deadlines are required to be met: • In accordance with Section 407 of the Local Government Act 1993, the General

Manager must “report to the council within 2 months after the end of each quarter as to the extent to which the performance targets set by the Council's current management plan have been achieved during that quarter”.

Management Plan Budget / Linkages This report reviews and reports on the extent to which performance targets (financial and non financial) have been met in all Key Outcome Areas as detailed in the 2008/2012 Management Plan. Relationship to Key Outcome Areas

People This project reviews and reports on the key outcomes for People (set out on pages 46 – 55 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.

Assets This project reviews and reports on the key outcomes for Assets (set out on pages 56 – 66 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.



ITEM 10 (continued)

Environment This project reviews and reports on the key outcomes for Environment (set out on pages 67 – 74 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.

Governance This project reviews and reports on the key outcomes for Governance (set out on pages 75 - 89 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective. This project specifically meets the following key outcome for Governance (set out on page 751 of the Management Plan 2008-2012):

G5 Compliance with all legislative requirements and statutory obligations. The General Manager, In accordance with Section 407 of the Local Government Act, 1919 (as amended), is required to report to the Council within two months of the end of the quarter as to the extent to which the performance targets set by Council’s current management plan have been achieved in that quarter. The Chief Financial Officer as Council’s Responsible Accounting Officer, in accordance with the Part 2 Clause 7 of the Local Government (Financial Management) Regulation 199 is required to certify whether the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure. Financial Impact The adoption of the revised budgets within this report will result in a projected closing Working Capital as at 30 June 2009 of $3.2 million, an increase of $295K. Policy Implications There are no policy implications through the adoption of this recommendation. Other Options Council could decide not to approve some or all of the December Quarter Budget Revisions or to revote the funds to other projects. This would impact the projected Working Capital at 30 June 2009. Conclusion The 2008/2009 Budget forecasted closing Working Capital balance as at the 30 June 2009 to be $2.9M. Revisions to budget in the December Quarter increase Council’s projected Working Balance at the 30 June 2009 to $3.2 million.



ITEM 10 (continued) RECOMMENDATION: (a) That the report of the Senior Management Accountant and Chief Financial

Officer dated 28 January 2009 on the implementation of the Management Plan for the period 1 October – 31 December 2008, (2nd quarter) be endorsed and the adjustments to Council’s 2008/2009 Budget as detailed in the report be adopted.

(b) That the Certificate of the Responsible Accounting Officer attached to the

report of the Senior Management Accountant and Chief Financial Officer dated 28 January 2009 be noted.

Report prepared by: Nicole O’Grady Senior Management Accountant Richard Nankivell Chief Financial Officer Report approved by: Roy Newsome Group Manager Corporate Services



ITEM 10 (continued) ATTACHMENT Certificate In accordance with the Local Government (Financial Management) Regulation 1999, Part 2, Clause 7, I report that the financial position of the Council was satisfactory as at 31 December 2008, having regard to the original estimates of income and expenditure. Variations in total income, operating and capital expenditure as at 31 December 2008 are of a quantum and nature that overall end of year financial targets will be achieved. Richard Nankivell Chief Financial Officer Responsible Accounting Officer 28 January 2009

Documents

Committee of the Whole - City of Ryde · 2016. 1. 22. · Committee of the Whole Page 5 Agenda of the Committee of the Whole Meeting No. 01/09, dated 3 February 2009. ITEM 2 (continued)