Independent Hearing and Assessment Panel | 25 … Lot 205 DP 809234 No 10 Callistemon Road Cordeaux Heights. 4 Environmental Planning and Assessment Act 1979 In determining a development

Independent Hearing and Assessment Panel | 25 February 2009

IHAP No. Item No. 2

DA No. DA-2008/797

Proposal New dwelling house, inground concrete swimming pool, retaining walls and shed

Property Lot 205 DP 809234 No. 10 Callistemon Road, Cordeaux Heights

Applicant A G Mennilli

Responsible Team Development and Certification

EXECUTIVE SUMMARY

Reason for Consideration by IHAP

Pursuant to section 1.4 of the IHAP Charter, the application is required to be reported to IHAP for consideration as the applicant seeks to vary the floor space ratio (FSR) development standard prescribed under Wollongong Local Environment Plan (LEP) 1990.

Proposal

The proposal is to construct a two-storey dwelling; an in ground concrete swimming pool, associated retaining walls and a shed.

Permissibility

The subject site is zoned 7(c)(Environmental Protection Residential Zone) under the provisions of the Wollongong Local Environment Plan 1990. Dwelling houses are permissible within the zone only with development consent.

Consultation

The application has been referred to the Department of Planning to consider the SEPP 1 objection because the variation exceeded 10% of the maximum permitted floor space ratio applicable.

The Director-General has decided to grant his concurrence to the application as submitted.(see Attachment 4).

Main Issues

Under the provisions of clause 12 of WLEP 1990, the maximum floor space ratio for land located within the 7(c) zone is 0.30:1. The applicant proposes a floor space ratio of 0.49:1.

The applicant has tended a submission objecting to the 0.30:1 FSR requirement. The objection addresses SEPP 1 and is considered well founded.

In addition, the Director General has granted concurrence to the application as submitted.

RECOMMENDATION

It is recommended that conditional approval be granted to development application DA-2008/797 subject to conditions is listed in the draft consent attached to this report – see Attachment 5.

ASSESSMENT REPORT

1 Background

Upon gazettal on the 28th December 1990, clause 12 of WLEP prescribed a maximum floor space ratio within the 7 (c) zone of 0.50:1.

However amendment 157 gazetted on the 7th November 1997 reduced the prescribed floor space ratio to 0.3:1.

The land was subdivided in 1990 to create the subdivision where Callistemon Road, Cordeaux Heights is located. A majority of development consents issued for the construction of residential dwellings in the area were issued prior to 1995. A number of existing developments in the area including the development on land immediately adjoining the subject site have a floor space ratio between 40% and 50% of the site area.

A submission objecting to the provisions of floor space ratio under SEPP1 was received by Council and referred to the Department of Planning on the 24th September 2008. Council advised the Department of Planning, that after researching the history of the subdivision, development pattern and the amendment to the WLEP 1990, relating to the reduction of floor space ratio on land zoned 7(c), it raised no objection to the variation of the proposed floor space ratio.

The Director-General Department of Planning NSW, granted concurrence to the application as submitted on the 19th November 2008.

2 Site Description

The property is known as Lot 205 DP809234 No 10 Callistemon Road Cordeaux Heights.

Callistemon Road is a cul-de-sac street. The subject site is located on the northern side of Callistemon Road and has fall to the street level. The site is the last vacant block to be developed in Callistemon Road and has a site area of approximately 600 m²

Properties surrounding subject land are dominated by residential dwellings. The dwellings at No 8 and No 12 have been developed with large 2 storey dwellings with a floor space ratio in excess of the permitted 0.30:1 FSR.

3 Proposal The proposal is for a two-storey dwelling, in ground swimming pool, associated retaining walls and shed on Lot 205 DP 809234 No 10 Callistemon Road Cordeaux Heights.

4 Environmental Planning and Assessment Act 1979 In determining a development application, the consent authority must take into consideration matters referred to in section 79C(1) of the EP&A Act 1979 as are of relevance to the development. The following table summarises the relevant matters of consideration under section 79C(1) and the significant matters are discussed in further detail further in the report.

Section 79C(1) of the Environmental Planning and Assessment Act 1979

(a)(i) any environmental planning instrument

The following environmental planning instruments apply;

• SEPP 1 - Development standard

• SEPP - Building Sustainability Index 2004

• Wollongong Local Environment Plan 1990

• Illawarra Regional Plan No1

LIS | LAP | DAC | «MERGE_TYPE_CODE» | «DOCUMENT_NAME» 2

(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority

The following draft planning instrument applies;

• Draft Wollongong Local Environment Plan 2009

(a)(iii) any development control plan

The following development control plans apply;

• Development Control Plan number 49 - residential development

• Geotechnical Development Control Plan

(a)(iv) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F

No planning agreements have been entered into.

(a)(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

NSW Coastal Policy 1997: The site is located within the Coastal Zone however as the NSW Coastal Policy only applies to the seaward part of the city, its provisions do not apply to the proposal.

(b) the likely impacts of development

Context and Setting

The proposal seeks approval for a residential dwelling, a swimming pool, associated retaining walls and a shed within a permitted zone. The proposed structures and development will not be uncharacteristic of the area and will be consistent with existing development in the surrounding area.

Access, Transport and Traffic

The proposal will not alter existing access arrangements to any allotments, generate any additional transport demand or alter existing traffic conditions in the locality. Public Domain The public domain has been considered and the proposal will not adversely impact public domain.

Utilities

All relevant utilities are available to the site, the proposal will not result in any additional demand on existing utility supply.

Heritage

No heritage items are impacted by this proposal.

Other land resources

Impacts on other land resources have been considered and the proposal is not expected to impact upon any valuable land resources.

Water

The proposal will not give rise to unreasonable water consumption and a BASIX certificate has been provided indicating compliance with SEPP BASIX 2004.

Soils

The proposal involves a small amount of removal of soil from the site; the applicant has indicated that soil and sediment erosion control measures will be in place during the construction phase. This can be managed by way of a condition of consent

Air and Microclimate

The impacts on air and microclimate have been considered and the proposal will not have any negative


impact on air or microclimate.

Flora and Fauna

There are no trees to be removed from the site.

Waste

The proposal will not alter the existing waste collection services available to the area. Construction waste can be managed by way of a condition of consent.

Energy

The proposal is not considered to give rise to unreasonable energy consumption and a BASIX certificate has been provided to indicate the proposal will be energy efficient

Noise and Vibration

Any impacts from noise and vibration are envisaged during the construction phase only, the ongoing use of this site as a residential abode will not result in noise or vibration. Conditions have been attached to the development consent to reflect hours of operation.

Natural Hazards

According to Council’s records, the site is affected by 2 natural hazards. The site is affected by Landslip and /or subsidence and is located in a bushfire prone area.

The Geotechnical Engineers report prepared by Coffey Geotechnics, identifies that extremely to highly weathered shales or sandstone occurring at relatively shallow depth up to 1 metre deep will be found on Lot 205. Stronger less weathered rock will be encountered below 1 metre depth. The recommendations for construction have been included as part of the conditions of development consent.

The Bushfire Assessment report identifies that the proposal is located over 120 metres away from a natural hazard and as such, no requirements apply to the Level of Bushfire Attack and Level of Construction that may be required under the provisions of Planning For Bushfire Protection 2006.

Technological Hazards

There are no technological hazards affecting the side that would present an obstacle to the proposal.

Safety, Security and Crime Prevention

The proposal is not expected to give rise to safety concerns to the occupants of the dwelling.

Social Impact

Social impacts have been considered and it is not envisage that the proposal would create any negative social impact.

Economic Impact

The proposal will generate jobs during the construction phase and it is expected that there would be no adverse economic impact by the proposal.

Site Design and Internal Design

The proposal is considered suitable for the site and the internal design is functional.

Construction

The proposal involves construction work in line with general residential construction practice and should not have any adverse impacts on adjoining properties. This can be controlled by way of conditions of consent.

Cumulative Impacts

The proposal will not give rise to any cumulative impacts and is considered to be routine residential development.


(b) the suitability of the site for development

The site is considered suitable for the proposal and will be consistent with the surrounding residential development pattern.

(c) any submissions made in accordance with this Act or the regulations

The application was notified in accordance with Council's notification policy and there were no submissions received objecting to the application.

(d) the public interest

The site is a standard residential allotment and the proposal is consistent with the use and zoning of the land and is considered to be in the public interest.

5 State Environmental Planning Policy No1 - development standards

The applicant has provided a SEPP 1 objection to the 0.30:1 floor space ratio requirement. Wollongong LEP 1990 does not contain objectives relating to the FSR requirement. However DCP 49 states the objective of density controls is to “ensure that the bulk and scale of the building is compatible with surrounding built forms”

The proposed development application is for the construction of the residential development that will blend in with the existing residential pattern of the area. The proposal is not envisaged to change the spatial and built form relationship between the buildings. Accordingly, despite the non-compliance with the FSR requirement the bulk and scale of the building is compatible with surrounding built forms.

In terms of amenity impacts, the proposed additional floor space will not result in any additional shadow being cast on adjoining properties or create any additional adverse impacts. The proposal is considered in keeping with the size and bulk of the adjoining residences. In terms of privacy, the proposal will not generate any additional opportunity for overlooking.

It is considered that strict compliance with the LEP requirement or refusal of the proposed is not warranted or necessary to achieve the objectives of the control.

Accordingly, the strict application of the FSR requirement is considered unnecessary in the circumstances to achieve the objectives of the SEPP and objects of DCP 49. The applicant’s SEPP No. 1 Objection is considered to be well founded and it is recommended that the power of SEPP No. 1 be invoked.

The Director – General has granted concurrence to the variation and Council supports the current proposal.

6 Wollongong Local Environmental Plan 1990

The land is a zone 7(c)(Environmental Protection Residential Zone) under the provisions of Wollongong Local Environment Plan 1990. Dwelling houses are permitted within the zone subject to development consent.

7 Draft Wollongong Local Environment Plan 2009

The proposed zoning table reflects a name change to the identification of the zone from 7(c) to E4 – Environmental Living permissibility. The floor space ratio within this zone will remain at 0.30:1. Dwelling houses are permitted within the zone subject to development consent.

8 Development Control Plan No.49 – Residential Development

Sections 6 and Section 9 of DCP 49 are applicable to residential development.

Section 6 contains the general requirements for all residential development and dwelling houses and Section 9 the specific controls relevant to ancillary structures for dwelling houses in non urban and environmental protection zones.


Section 6 Assessment

6.1 - Stormwater drainage

Stormwater will be disposed of to the street gutter and the premises is not required to provide on-site detention.

6.2 -Flooding

The site is not affected by flooding.

6.3 - Land cut and fill

Cut and fill is proposed which complies with this requirement.

6.4 -Retaining walls

Retaining walls complying with the requirement are proposed.

6.5 - Erosion and sediment control

Sediment control measures are proposed on the building site.

6.6 - Fences

The proposed development utilises existing boundary fencing.

6.7 - View corridors

The proposal is not envisaged to adversely impact on views from neighbouring dwellings and is consistent with the residential development in the area.

6.8 - Energy efficiency

A BASIX certificate has been provided for the development.

6.9 - Services

All residential services including water, sewer and electricity are available to the site.

6.10 - Swimming pools

The proposed swimming pool will be constructed in the rear yard and complies with this requirement.

6.11 - Visual privacy and amenity

The development is not expected to adversely impact on the privacy and amenity of the adjoining premises.

6.12 - Acoustic privacy

It is considered that there will be no additional noise or external noise beyond normal residential noise generated by the development.

6.13 - Setbacks from existing trees

There are no trees located on the site.

6.14 - Threatened species assessment

There are no threatened species in the vicinity of the site.

6.15 - Tree protection

There are no trees on site.

6.16 - Bushfire protection

The site is in located in a bushfire prone area but is not affected by any bushfire requirements.

6.17 - Developer contributions


The application will be subject to section 94(a) developer contributions and the consent will be conditioned accordingly.

6.18 - Waste management

Residential wastes will be collected by the existing council service.

6.19 - Letterboxs

A letterbox will be provided to be dwelling.

Section 9 Assessment

9.1 – Natural Landform Protection

Not to be in a prominent location --- complies

Split level design on steep land --- complies

Designed for natural constraints --- complies

Must suit the current landform --- complies

Compliance with the geotechnical report --- complies

Driveways / drainage – no impact --- complies

9.2 - Building Character and Form

design to suit context --- complies

external material to compliment setting --- complies

colour scheme to suit surroundings --- complies

minimal bulky design --- complies

garages articulated in design --- complies

fences complement surroundings --- complies

additions to be a compatible design --- complies

9.3 – Density /Floor Area

must not exceed 30% --- see section 5 for detailed report

upper storey max 70% of lower storey --- the requirement aims at reducing the bulk of the upper storey level and dominating the site. The applicant proposes a tri level design, which does not comply with the numerical limitation, however the design does address the overall intent of reducing the bulk and scale of the building. Consideration has been given to the existing context of the surrounding area and it is considered that the proposal will blend in with the existing residential amenity.

9.4 – Building Height

2 storey - 7 m max ceiling height --- 6.5m proposed & complies

9 m max ridge height --- 8.5m proposed & complies

9.5 – Building Setbacks

overshadowing & overlooking --- the building will be on the current setback of existing dwellings in the street and has been designed to conform with the existing development pattern and complies.

spatial separation --- the standard requires the minimum side setback of 900mm to the allotment boundary. The proposed dwelling will be 1250 mm from the side boundary and complies.

9.5.1 - Front Setback

min 6 metres to primary frontage --- 6 metres


min 3 metres to secondary frontage --- n/a

9.5.2 – Side and rear setbacks

wall not less than 900mm --- complies

eaves not less than 450mm --- complies

gable height not more than 7 metres --- not applicable, a skillion roof is proposed , ridge is under the 9 m height limit

freestanding garages /outbuildings with habitable spaces 900mm --- n/a

detached garages/outbuildings 500mm --- 600mm from side boundary - complies

9.6 – Coastal Building Setbacks

min 10 metres from clifftop --- n/a

9.7 - Carparking

2 spaces on site --- 2 car spaces indicated - complies

unenclosed – 2.5m x 5.5m --- n/a

enclosed - 3m x 6m --- 6m x 6.2 m indicated - complies

9.8 - Landscaping

The applicant has indicated on the site plan that landscaping will be provided adjacent to the proposed retaining walls at the rear of the property. The remainder of the site will be landscaped to suit the residential landscape development pattern on the area

7 CONSULTATION

7.1 Notification Policy

The proposed development was advertised in accordance with Council’s Notification policy and no objections were received.

7.2 Internal Consultation

Internal referral was not required

External Consultation The application was referred to the Department of Planning, NSW, to determine the objection to the SEPP 1 variation. The Director- General granted concurrence on the 19th November 2008.

8 CONCLUSION

The proposal has been assessed in relation to all relevant matters for consideration prescribed by Section 79C of the Environmental planning and Assessment Act 1997.

The proposed development is permissible in the zone with consent.

The assessment of the application has taken into consideration development within the immediate area, amendment 157 to WLEP 1990 in 1997, the applicant’s objection to the SEPP 1 standard, the Director-Generals concurrence to the development and the existing development patterns for residential construction. It is considered that the objection to the SEPP1 standard is well founded and approval of the development application as submitted will not have any adverse impact in Callistemon Road.

It is recommended that the development application be approved, subject to conditions as per the attached draft conditions of development consent



ATTACHMENTS

1 Aerial Photograph

2 WLEP 1990 Zoning Map

3 Plans

4 Director –Generals concurrence

5 Draft Conditions

6 SEPP 1

For Internal Use OnlyWollongong Local Government Area

While every effort has been made to ensure the highest possible quality of data, no liability will be accepted for any inaccuracy of the information shown.

17/02/2009Printed :

lwilsonPrinted By :

Copyright (c) Wollongong City Council, Mapping Services Section. This map may not be reproduced in any form whatever without the express written permission of Wollongong City Council.

Aerial Map − Callistemon Road

For Internal Use OnlyWollongong Local Government Area

While every effort has been made to ensure the highest possible quality of data, no liability will be accepted for any inaccuracy of the information shown.

17/02/2009Printed :

lwilsonPrinted By :

Copyright (c) Wollongong City Council, Mapping Services Section. This map may not be reproduced in any form whatever without the express written permission of Wollongong City Council.

Zoning Map − Callistemon Road

DRAFT CONDITIONS FOR: DA-2008/797

For Office Use Only – Do Not Mail Plans and Specifications

Section 94

Section 94A Levy Contribution 1 The following Section 94A Levy Contribution is required towards the provision of public amenities and

services in accordance with the Wollongong City Council Section 94A Development Contributions Plan.

Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Wollongong City Council Section 94A Development Contributions Plan, a contribution of $3,000.00 shall be paid to Council prior to the release of any associated Construction Certificate.

The amount to be paid will be adjusted at the time of actual payment, in accordance with the provisions of the Wollongong City Council Section 94A Development Contributions Plan. The Consumer Price Index All Group Index Number for Sydney at the time of the development application determination is 158.1.

The following formula for indexing contributions is to be used:

Contribution at time of payment = $C x (CP2/CP1)

Where $C is the original contribution as set out in the Consent

CP1 is the Consumer Price Index (all groups index for Sydney) used in the proceeding indexation calculation

CP2 is the Consumer Price Index (all groups index for Sydney) at the time of indexation

Details of CP1 and CP2 can be found in the Australian Bureau of Statistics website Catalog No 6401.0 - Consumer Price Index, Australia.

A copy of the Wollongong City Council Section 94A Development Contributions Plan and accompanying Fact Sheet may be inspected or obtained from the Wollongong City Council Administration Building, 41 Burelli Street, Wollongong during business hours or on Council’s web site at www.wollongong.nsw.gov.au.

(Reason: To provide high quality and diverse public amenities and services to meet the expectations of the existing and new residents of Wollongong City Council).

--------------------------------------------------------------------------------------------------------------------------- General Matters

2 Building Work - Compliance with the Building Code of Australia All building work must be carried out in compliance with the provisions of the Building Code of Australia.

3 Occupation Certificate A final Occupation Certificate must be issued by the Principal Certifying Authority prior to occupation or use of the development. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning and Assessment Act 1979, have been complied with as well as all of the conditions of the Development Consent.

LIS | LAP | DAC | «Merge_Type_Code» | «Document_Name»

4 Construction Certificate A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing.

A Construction Certificate certifies that the provisions of Clauses 139-148 of the Environmental Planning and Assessment Amendment Regulations, 2000 have been satisfied, including compliance with all relevant conditions of Development Consent and the Building Code of Australia.

Note: The submission to Council of two (2) copies of all stamped Construction Certificate plans and supporting documentation is required within two (2) days from the date of issue of the Construction Certificate, in the event that the Construction Certificate is not issued by Council.

Prior to the Commencement of Works

5 Appointment of Principal Certifying Authority Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must:

5.1 Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment. irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and

5.2 notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two days notice is required).

The Principal Certifying Authority must determine when inspections and compliance certificates are required.

6 Residential Building Work – Compliance with the Requirements of the Home Building Act 1989 Building work involving residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates

6.1 in the case of work to be done by a licensee under that Act:

6.1.1 has been informed in writing of the licensee’s name, contractor license number and contact address details (in the case of building work undertaken by a contractor under the Home Building Act 1989); and

6.1.2 is satisfied that the licensee has complied with the requirements of Part 6 of the Home Building Act 1989; or

6.2 in the case of work to be done by any other person:

6.2.1 has been informed in writing of the persons name, contact address details and owner-builder permit number; and

6.2.2 has been given a declaration signed by the property owner(s) of the land that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Home Building Act 1989 and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the specific person or licensed contractor is the holder of an insurance policy issued for the purposes of that Part of the Act is, for the purposes of this condition, sufficient evidence that the person has complied with the requirements of that Part of the Act.


7 Sign – Supervisor Contact Details Before commencement of any work, a sign must be erected in a prominent, visible position:

7.1 stating that unauthorised entry to the work site is not permitted; 7.2 showing the name, address and telephone number of the Principal Certifying Authority

for the work; and 7.3 showing the name and address of the principal contractor in charge of the work site and

a telephone number at which that person can be contacted at any time for business purposes.

This sign shall be maintained while the work is being carried out and removed upon the completion of the construction works.

8 Temporary Toilet/Closet Facilities Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be:

8.1 a standard flushing toilet; and 8.2 connected to either:

8.2.1 the Sydney Water Corporation Ltd sewerage system or 8.2.2 an accredited sewage management facility or 8.2.3 an approved chemical closet.

The toilet facilities shall be provided on-site, prior to the commencement of any works. 9 Structural Engineer’s Details

Structural engineer’s details for all structurally designed building works such as reinforced concrete footings, reinforced concrete slabs and structural steelwork must be submitted to the Principal Certifying Authority, prior to the commencement of any works on the site.

10 Enclosure of the Site The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.

11 Temporary Sediment Fences Temporary sediment fences (eg haybales or geotextile fabric) must be installed on the site, prior to the commencement of any excavation, demolition or construction works in accordance with Council's guidelines. Upon completion of the development, sediment fencing is to remain until the site is grassed or alternatively, a two (2) metre strip of turf is provided along the perimeter of the site, particularly lower boundary areas.

12 All-weather Access An all-weather stabilised access point must be provided to the site to prevent sediment leaving the site as a result of vehicular movement. Vehicular movement should be limited to this single accessway.

13 These plans should be presented to Sydney Water for their specific requirements.

14 Footpath Levels Footpath levels must be obtained from Council’s Works and Services Division prior to works commencing. This can be achieved by filling out an application form and payment of the relevant fee.

All such structures and internal driveways shall be constructed to these approved levels.

The longitudinal grade of the footpath must be parallel to the top of kerb level and all building entrance adjustments for level access to building floor levels must be developed within the private property of the building in accordance with the requirements of the latest versions of AS1428.1, the Building Code of Australia and the Disability Discrimination Act. No adjustments


to the uniform and even longitudinal grade of the footpath at the boundary line will be permitted for access points to buildings.

A copy of the approved levels shall be submitted to the Principal Certifying Authority prior to works commencing.

During Demolition, Excavation or Construction

15 Piping of Stormwater to Existing Stormwater Drainage System Stormwater for the land must be piped to Council’s existing stormwater drainage system. Prior to undertaking the connection the developer shall obtain permission from Council's Works Division.

16 Restricted Hours of Work (domestic residential scale ie single dwellings) The developer must not carry out any work other than emergency procedures to control dust or sediment laden runoff outside the normal working hours, namely, 7.00 am to 5.00 pm, Monday to Friday and 8.00 am to 4.00 pm Saturday, without the prior written consent of the Principal Certifying Authority and Council.

No work is permitted on public holidays or Sundays.

Any request to vary these hours shall be submitted to the Council in writing detailing:

16.1 the variation in hours required; 16.2 the reason for that variation; 16.3 the type of work and machinery to be used.

Note: The developer is advised that other legislation may control the activities for which Council has granted consent including but not limited to the Protection of the Environment Operations Act 1997. Developers must note that EPA Environmental Noise manual restricts use of power tools (electronic or pneumatic) to between the hours of 7.00 am to 5.00 pm Mondays to Fridays and 8.00 am to 4.00 pm on weekends.

17 The developer must carry out work at all times in a manner which will not cause a nuisance, by the generation of unreasonable noise, dust or other activity, to the owners and/or occupiers of adjoining and adjacent land.

18 Excavation/Filling/Retaining Wall Structures Any proposed filling on the site must not: 18.1 encroach onto the adjoining properties, and 18.2 adversely affect the adjoining properties with surface run-off.

19 All proposed cut and filling works must be adequately retained with all battered slopes being no steeper than 2:1 and comply with Council’s “Policy for Development on Sloping Sites”.

20 Provision of Waste Receptacle The developer must provide an adequate receptacle to store all waste generated by the development, pending disposal. The receptacle must be regularly emptied and waste must not be allowed to lie or accumulate on the property other than in the receptacle. Consideration should be given to the source separation of recyclable and re-usable materials.

21 BASIX All the commitments listed in each relevant BASIX Certificate for the development must be fulfilled in accordance with Clause 97A(3) of the Environmental Planning & Assessment Regulation 2000.

A relevant BASIX Certificate means:

• A BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Environmental Planning & Assessment Act 1979, a BASIX Certificate that is applicable to the development when this development consent is modified); or



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

• BASIX Certificate has the meaning given to that term in the Environmental Planning & Assessment Regulation 2000.”

Prior to the Issue of the Occupation Certificate

22 BASIX A final occupation certificate must not be issued unless accompanied by the BASIX Certificate applicable to the development. The Principal Certifying Authority must not issue the final occupation certificate unless satisfied that selected commitments have been complied with as specified in the relevant BASIX Certificate. NOTE: Clause 154B of the Environmental Planning and Assessment Regulation 2000 provides for independent verification of compliance in relation to certain BASIX commitments.

23 Swimming Pool Fencing The swimming pool shall be fenced in accordance with Section 7 of the Swimming Pools Act 1992 and Australian Standard AS1926 , prior to the filling of water in the pool or use of the pool. Such fence shall be provided with a self-latching and self-closing gate, opening outwards and with provision for permanent locking when not in use. The fence shall be installed to the satisfaction of the Principal Certifying Authority, prior to the filling of water in the pool/use of the pool.

24 Resuscitation Poster A suitable poster showing the details of resuscitation techniques shall be provided within the pool area prior to the filling of water or use of the pool. This poster shall contain the advice that “Young children should be supervised when using this swimming pool”.

Operational Phases of the Development/Use of the Site

25 Backwash of Swimming Pool Water The discharge of water from the pool should only be carried out after chlorine levels in the water have been depleted. Swimming pool water should not be discharged to a watercourse.

26 Swimming Pool Filtration Motor The operation of the swimming pool filtration motor shall be restricted to the following hours of operation:

Monday to Saturday 7.00 am to 8.00 pm Sunday and Public Holidays 8.00 am to 8.00 pm

The noise emission levels of the swimming pool filtration motor shall not exceed 5dBA above the ambient background noise.

27 Swimming Pool – Discharging Water Discharge and/overflow pipe from the swimming pool and filtration unit must be connected to the sewer where available. All backwash water from the filtration unit is to be similarly disposed.

The pool excavations are not to conflict with the position of household drainage trenches or lines, the position of which must be ascertained before pool excavation commences.

Documents

Independent Hearing and Assessment Panel | 25 … Lot 205 DP 809234 No 10 Callistemon Road Cordeaux Heights. 4 Environmental Planning and Assessment Act 1979 In determining a development