ITEM SUBJECT PAGE NO CENTRAL WARD ... - canterbury.nsw…€¦ · and in the surrounding areas. Campsie Railway Station is located directly adjacent to the subject site from the Lillian

INDEPENDENT HEARING AND ASSESSMENT PANEL 3 SEPTEMBER 2012

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING ........................................ 4

2 44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT CAR PARKING .................. 38


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REPORT SUMMARIES

1 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING

• The Independent Hearing and Assessment Panel on 30 July 2012 deferred making a recommendation on the application (see Supplementary Information).

• The applicant seeks consent to demolish the existing structures and construct a five storey mixed commercial and residential development containing a two level basement car park, three ground floor commercial tenancies and twenty eight residential units.

• The proposed development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan 148 – Campsie Precinct.

• The application was notified/advertised in accordance with our Notification Policy - Development Control Plan 32. One submission was received raising concerns in relation to the construction phase of the development and deficiency of carparking for the retail component of the development. These issues have been addressed and are discussed in greater detail in the body of this report.

• The proposed development generally complies with all requirements of the relevant planning instruments and development control plans, with the exception of the deep soil planting area control and building height. The proposed development is consistent with and reflects the objectives of the zone and the performance criteria established under Development Control Plan 54 – Town Centres.

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

2 44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT CAR PARKING

• The applicant seeks consent to consolidate the existing allotments, demolish the existing structures, construct a 63 room hostel and associated recreation hall, child care centre for 66 children with ancillary administration space and training/education rooms and a basement level car park.

• The site currently accommodates a child care centre, before and after school care service, educational centre and administration offices in support of these operations. The new facilities proposed on site will include the accommodation of these previously approved uses.

• The proposed development is permissible with Council consent within the Residential 2(c) zone under Local Environmental Plan 148 – Campsie Precinct (LEP 148).


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• The application was notified/advertised in accordance with our Notification Policy (DCP 32). We received five submissions and a petition signed by ten households, all objecting to the proposed development. Issues of concern include the commercial nature of the development, noise and amenity issues, the construction phase of the development, traffic congestion and parking, privacy impacts, removal of existing trees and a loss of visual amenity. These issues have been addressed and are discussed in greater detail in the body of this report.

• The proposed development generally complies with all requirements of the relevant planning instruments and development control plans with the exception of the non-compliance relating to the child care centre being in a two storey building and the height standard under Development Control Plan (DCP) 13 – Multiple Unit Development Code for the hostel component. This non-compliance is limited to certain portions of the southern elevation. The development is consistent with and reflects the objectives of the zone and DCP 13 – Multiple Unit Development Code.

• The Development Application is recommended for approval subject to conditions.


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CENTRAL WARD

1 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING

FILE NO: 31/13D PT3

REPORT BY: DIRECTOR CITY PLANNING

WARD: CENTRAL

D/A No: DA-622/2011

Applicant:

Owner:

D-Studio Architects Pty Ltd

Greenland Development Pty Ltd

Zoning: General Business 3(a) under Local Environmental Plan No. 148 – Campsie Precinct

Application Date: 21 December 2011; with additional information submitted on 23 December 2011, 18 January 2012, 22 March 2012, 5 April 2012, 18 May 2012 and 21 June 2012

Summary:

• The Independent Hearing and Assessment Panel on 30 July 2012 deferred making a recommendation on the application (see Supplementary Information).

• The applicant seeks consent to demolish the existing structures and construct a five storey mixed commercial and residential development containing a two level basement car park, three ground floor commercial tenancies and twenty eight residential units.

• The proposed development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan 148 – Campsie Precinct.

• The application was notified/advertised in accordance with our Notification Policy - Development Control Plan 32. One submission was received raising concerns in relation to the construction phase of the development and deficiency of carparking for the retail component of the development. These issues have been addressed and are discussed in greater detail in the body of this report.

• The proposed development generally complies with all requirements of the relevant planning instruments and development control plans, with the exception of the deep soil planting area control and building height. The proposed development is consistent with and reflects the objectives of the zone and the performance criteria established under Development Control Plan 54 – Town Centres.



13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING (CONT.)

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City Plan and Budget Implications:

This report has no implications for the Budget. The assessment of the application supports our City Plan long term goal of Balanced Urban Development.

Report:

Site Analysis The subject site is located on the northern side of Anglo Road, approximately 50 metres east of Beamish Street in the Campsie Town Centre. It comprises two separate allotments and is identified as being Lot 1 and 2 in Deposited Plan 304948. The site is generally regular in shape with an overall street frontage of 24.38m and total site area of 982m². The rear of the site fronts Lillian Lane. The land has a gentle fall on the south-east corner of Anglo Road to the north-western boundary of Lillian Lane. The site is positioned on the Anglo Road pedestrian mall known as “Anzac Mall”. The Mall is bounded by a mix of older style and modern one to three storey retail and commercial buildings. There are also residential uses including shop top housing throughout the centre and in the surrounding areas. Campsie Railway Station is located directly adjacent to the subject site from the Lillian Lane frontage. Anzac Park is situated within 100m of the site to the west. The subject site currently accommodates single storey retail and commercial buildings constructed to the Anzac Mall frontage. Vehicular access to 13 and 15 Anglo Road is provided via Lillian Lane. Immediately adjoining the site to the east and west are two storey commercial rendered buildings.



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Proposal The applicant is seeking consent to demolish the existing structures and construct a mixed use development containing three ground level commercial/retail tenancies and 28 residential units with two levels of basement car parking. The proposed basement car park is to be accessible from Lillian Lane at the rear of the site and provides a total of 37 car parking spaces, 1 car wash bay, 6 visitor car spaces and 1 service/delivery bay. The proposed ground floor provides three retail/commercial tenancies with a total floor area 316m² which are accessible via the Anglo Road frontage. Two adaptable residential units are provided on the ground floor and are accessible from the Anglo Road frontage and Lillian Lane. In addition, there is a waste management area, service/delivery bay, a disabled toilet, separate fire stairs and fire exit pathway and two residential lifts in the lobby area that are accessible from the Anglo Road frontage. The proposal is five storeys in height and comprises 2 x 1 bedroom units, 24 x 2 bedroom units and 2 x 3 bedroom units. This also includes an attic level within the roof space. A landscaped courtyard on the first floor for communal use for occupants of the residential component of the development is proposed.

Photomontage of the proposed development - Anglo Road Elevation (south)



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Photomontage of the proposed development - Lillian Lane Elevation (North)

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

• Canterbury Local Environmental Plan 148 – Campsie Precinct

• Draft Canterbury Local Environmental Plan 2012

• State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

• State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX)

• Development Control Plan 20 – Car Parking Code (DCP 20)

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29)

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37)

• Development Control Plan 45 – Landscape (DCP 45)

• Development Control Plan 48 – Waste Management (DCP 48)

• Development Control Plan 54 – Town Centres (DCP 54)

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater Drainage Design”

• Section 94 Contributions Plan. Assessment Assessment of the application has been made in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

• Local Environmental Plan 148 – Campsie Precinct The site is zoned General Business 3(a) under LEP 148 – Campsie Precinct and the proposed mixed-use development is permissible with the consent of Council.



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The objective of this zone is to achieve a hierarchy of shopping centres containing a range of retail, office and related uses, which contribute to employment and economic growth of the area. The proposed development meets this objective as it is an appropriate active use that will provide a substantial contribution to the viability of the Campsie Town Centre. Furthermore, the retail and commercial tenancies will provide for the employment and economic growth of the area. The specific use of the tenancies will be the subject of future Development Applications.

• Draft Canterbury Local Environmental Plan 2012 On 29 March 2012, the Draft LEP 2012 went on public exhibition and became an instrument to consider under Section 79C(1)(a)(ii) of the EPAA. The broad controls applicable to this application are:

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

B2 – Local Centre zone, as defined in the Draft Canterbury LEP 2012.

Yes

FSR No Applicable FSR

No Applicable FSR Yes

Building Height

Maximum 18m 18.38m No

However, the draft LEP is not considered to be certain or imminent in its current form as public submission are still being considered and the matter is yet to be determined by Council following the public exhibition process. Accordingly, at this stage, no determinative weighting can be afforded to its provisions in respect to this application.

• State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65) The proposed development falls within the definition of a residential flat building under this SEPP. The policy aims to improve the design quality of residential flat buildings in NSW by way of addressing the following design principles: Context The mixed-use development is consistent with the future character of the area and is a permissible use within the zone. Higher density residential development will be a characteristic of the area within and adjacent to the business centre. Scale The scale and built form of the proposed development is consistent with the scale of developments which we are encouraging in this area. Built Form The proposal achieves the built form objectives as it contributes positively to the streetscape and provides a high amenity for residents and tenants.



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Density The proposed development has been designed in accordance with the built form controls of DCP 54 and represents an appropriate density for the site. Resource, Energy and Water Efficiency The applicant has submitted a BASIX Certificate, demonstrating that the proposal achieves the relevant energy efficiency standards as specified by the SEPP. Landscape Landscape details have been provided for landscaping to courtyards and communal open space areas, which have been reviewed by our Landscape Architect. The proposal satisfies the requirements of our Development Control Plan 45 – Landscape. Further the site is located within walking distance to Anzac Square which is a public park. Amenity The proposal will achieve satisfactory residential amenity with reasonable room size and shape, along with access to natural light and ventilation. A 12 metre separation between habitable areas and 9 metres between habitable and non-habitable areas has been provided to the courtyard for visual privacy which is consistent with the SEPP. Safety and Security Satisfactory provision for security with enclosed entry porch to lift lobby for access to dwellings and upper levels is provided. The design has entry points that are easily distinguishable and not concealed by structures and landscaping. The proposal has been reviewed in accordance with our Crime Prevention Through Environmental Design Policy (DCP 29) and the proposal is consistent with these principles. Social Dimensions and Housing Affordability The mixed use development will add to the range of dwelling size options and optimise the provision of housing to suit social mix. Adaptable units have been incorporated into the design to meet the needs of the area. Aesthetics The design of the proposal and the proposed building elements contribute to the desired future character of the area. The building has been well articulated by the modulation created through the use of vertical columns to eliminate blank monotonous balconies. The applicant has submitted a statement, prepared by Simon Tso on behalf of D-Studio Architects, which details the proposed development's compliance with the design principles of the SEPP. In particular the scale, density and built form of the development are appropriate for the development’s position within the Campsie Town Centre. The ground floor commercial tenancies complement the local retail/office precinct and promote an active street frontage. The residential component of the development comprises an adequate dwelling mix, which will diversify housing choice within the Campsie Town



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Centre. The individual apartments provide a high level of amenity for occupants through the provision of spacious bedrooms, common living areas and deep balconies. The proposal is consistent with the Residential Flat Design Code prepared by the Department of Planning.

• State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) A BASIX Certificate (Certificate No.409180M) accompanies this application. The certificate lists a number of commitments, which have been shown on the DA plans and the proposal meets the energy targets of the SEPP.

• Development Control Plan 20 – Car Parking Code (DCP 20) This proposed development compares to DCP 20 as follows: Standard Requirement Proposal Complies Commercial & Retail (May be paid through Section 94 Contributions)

1 space per 40m² (<120sqm) = 3 spaces 1 space per 30m² (>120sqm) = 7 space (retail) Total = 10 spaces

No car parking spaces provided on-site, Section 94 Contributions to be paid in lieu of 10 spaces

Yes

Residential 1 space per 1 bedroom dwelling = 2 spaces 1.2 spaces per 2 bedroom dwelling = 29 spaces 2 spaces per 3 bedroom dwelling = 4 spaces Total = 35 spaces

37 car spaces (including 4 disabled car spaces)

Yes

Residential Visitor Car Parking

1 space per 5 dwellings = 6 spaces 6 spaces Yes

Car Wash Any development containing 10 or more dwellings must provide minimum 1 car wash bay

1 space Yes

Service/Delivery Bay

Loading dock Loading dock for small rigid trucks provided off Lillian Lane

Yes

Total Parking 53 spaces 45 provided on-site, plus Section 94 Contributions for 10 spaces = 55 spaces

Yes

Bicycles Commercial 1 bicycle space per 300m² of floor area for staff and a minimum 1 bicycle space per 500m² of floor area for patrons = 2 bicycle spaces. Residential 1 bicycle space per 5 units for residents and a minimum 1 bicycle space per 10 units for visitors = 8

10 bicycle spaces Yes



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The proposed development complies with all numerical controls of DCP 20 with the exception of the required car parking spaces for the commercial and retail component of the proposal. The proposed development seeks to off-set the parking shortfall of 10 car parking spaces under our Section 94 Contributions Plan 2005. As the subject property is located within Campsie Town Centre, this arrangement is permitted in accordance with Clause 4 of Council’s Section 94 Contributions Plan. In this regard, should the application be approved, suitable conditions have been recommended levying Section 94 contributions for 10 parking spaces.

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29) The proposal compares to DCP 29 as follows: Standard Requirement Proposed Complies Clear access points

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

The entrance to the residential component is through a designated foyer area fronting Anglo Road. Customers of the commercial tenancy will not have access to this area.

Yes

Natural surveillance

Clear glazing be used and obscure glazing (on shop fronts) be minimised to ensure natural surveillance

No obscure glazing is proposed as part of the commercial tenancies fronting Anglo Road.

Yes

Controlled access

That access in and around the site be controlled

Access to the residential component is achievable only by residents and their guests who are specifically granted access via intercom and staff of the commercial tenancy.

Yes

Minimise concealment points

That concealment points be eliminated

The front setback has been minimised and the development built to side boundaries to reduce concealment/entrapment points and potential for anti-social activities

Yes

The proposal is consistent with the Crime Prevention Through Environmental Design Code.

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37) Clause 7.9 of DCP 37 requires that proposals involving the erection of a mixed-use building maintain a minimum of 2 hours of solar access to clothes drying areas, 50% of rear yards, and at least one living room window of adjoining properties between 9am to 3pm on 21 June. Where existing overshadowing by buildings and fences is already greater than this, sunlight is not to be further reduced by more than 20%.



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The applicant has provided shadow diagrams as part of their DA submission which shows the affect of the proposed overshadowing. The diagrams demonstrate that the proposal will increase shadows cast over Anzac Mall, however the site does not adjoin residential properties to the side or rear of the site. Accordingly, the proposed development is consistent with the requirements of DCP 37.

• Development Control Plan 45 – Landscape (DCP 45) The landscape plan submitted with the application has been examined by our Landscape Architect who raises no objections to the proposal, subject to appropriate conditions of consent being included in any consent granted.

• Development Control Plan 48 – Waste Management (DCP 48) The proposal has been assessed by our Waste Services Co-ordinator and was found to be in accordance with the requirements of DCP 48. The applicant has provided a waste storage room for both the residential and commercial components and conditions of consent have been attached regarding the collection of the bins. A waste storage room with an entry door, separate to the main foyer area on the ground floor level, which is accessible from the Anglo Road frontage has been provided to assist in maintaining the amenity of the development and reducing odour.

• Development Control Plan 54 - Town Centres (DCP 54) The proposal compares to DCP 54 as follows:

Standard Requirement Proposed Complies Position and orientate buildings to maximise north facing walls

Development has been designed to maximise exposure for solar access

Yes

Align buildings to the street on east-west streets

Building is aligned to the street. Building has a north-south orientation.

Yes

Orientation

Optimise solar access to living spaces and associated public, communal and private open spaces by orientating to the north where possible

Solar access is optimised by predominantly orientating balconies, living areas and open spaces to the north.

Yes

Locating entries so that they relate to the existing street and subdivision pattern, street tree planting and pedestrian access network

The entrances to the development are directly off Anglo Road.

Yes

Design the entry as a clearly identifiable element of the building in the street

The entrance to the building is centrally located in the design and is readily identifiable

Yes

Designing multiple entries that include main common entry

A common entry point is provided for the residential component. Independent access to the retail component is also available directly from Anglo Road.

Yes

Provide safe and secure access that includes clear sight lines.

Access is safe and secure with no obstructions to obscure sight lines.

Yes

Building Entry and Pedestrian Access

Entries to upper levels should be provided from front façade.

Access to all dwellings is via the common entrance from Anglo Road.

Yes



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Standard Requirement Proposed Complies Separate the entry points for pedestrians and vehicles. Within mixed developments it is necessary to separate the entry for residential and commercial entrances.

Basement entrance and pedestrian access is separate. No commercial visitor parking is provided within the basement.

Yes

Design entrances and associated spaces for the transportation of furniture

Entrance provides circulation space of 2 metres minimum width and has access to a lift to all levels

Yes

Ground floor apartments to be accessible from the street and have clearly articulated private open space areas.

Two ground floor apartments are proposed with internal access from Anglo Road and via Lillian Lane. Each apartment has a private open space area.

Yes

Boundary definition to residential uses

Boundary of residential uses is distinguishable.

Yes

Provide well designed accessible routes to public and semi public areas, including entries, lobbies, communal open space, site facilities and car parks

All public and semi public areas are accessible, two lifts located on the ground level are provided to the communal areas.

Yes

To be located to have minimal impact on pedestrians and be harmoniously integrated into design of building

Basement entrance to be located on northern side of development, via Lillian Lane, and is harmonious with design

Yes

Encourage separate parking for residential and non-residential

No non-residential visitor parking is to be provided within basement levels

Yes

Pedestrian safety to be maintained by minimising vehicular access points and ensuring clear sight lines

One vehicular entrance to the site, which maintains sight lines

Yes

Adequate separation must be provided between vehicle entrance and street intersections

Vehicle entrance has been located at the rear, northern side of the site, accessible via Lillian Lane to maximise distance to the Beamish Street intersection.

Yes

Vehicle entry to be maximum 6 metres wide

Vehicle entry provided is 5m wide Yes

Locate car park entry from secondary streets

Vehicle entrance located at the rear, northern side of the site and is accessible via Lillian Lane

Yes

Vehicle Access

Minimise the number of vehicular accesses

One vehicular access provided Yes

Parking The provision of non-residential visitor parking is encouraged via Section 94/Developer Contributions where possible

Applicant has agreed to pay Section 94 Contributions for required non-residential (commercial and retail) car parking.

Yes

Retain and optimise deep soil zones where possible

Basement required to occupy entire site to provide sufficient car parking spaces

No On Site Parking Placement, Design & Servicing (Basement)

Provide ventilation to the basement level

Ventilation to be provided to basement

Yes



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Standard Requirement Proposed Complies Integrate ventilation grills or screening devices of car park openings into the façade design and landscape design

Car parking within basement is to be screened

Yes

Provide safe and secure access to all users

Access to the basement is to be secured via intercom operated roller door

Yes

Secure bicycle parking to be provided

Bicycle parking to be provided within bicycle storage room, located on the basement level

Yes

Communal open space may be provided on podiums or terraces

171m2 communal open space to be provided on the first floor level

Yes

Locating it in relation to buildings to optimise solar access to apartments

A central courtyard within the building has been provided in addition to a smaller courtyard on the eastern side of the development.

Yes

Consolidating open space on the site into recognizable areas with reasonable space, facilities and landscape

The two courtyards provide a reasonable area that provides a level of amenity and facilities which incorporates landscaping

Yes

Designing size and dimensions to allow for the uses it will contain

The courtyards are functional for their intended purpose for recreation

Yes

On redevelopment sites larger than 500m2 a minimum of 10% (98.2m2) of the site area must be provided as communal open space, with a minimum dimension of 6m

Development provides for 14.2% (140m2) of site area to be provided as communal open space. Minimum dimension of 12m

Yes

Communal Open Space

Provision of child play areas is encouraged.

Portion of the courtyard areas may be utilised for children’s play area

Yes

Utilise the site layout to increase building separation.

The commercial and retail component of the development have been designed to utilise the ground floor level while the dwellings have been oriented to the upper levels, thereby increasing the separation distance between the residential and non-residential uses.

Yes

Design building layouts to minimise direct overlooking of rooms and private open spaces adjacent to apartments.

Direct overlooking is avoided by way of balcony design, setbacks and building orientation.

Yes

Visual Privacy

Use detailed site and building design elements to increase privacy without compromising access to light and air

Balconies have been recessed and planter boxes within the communal courtyard are to be used to increase privacy without impacting on solar access

Yes

60% of residential units should be naturally cross ventilated

71% of dwellings are cross ventilated

Yes Cross Ventilation

25% of kitchens should have access to natural ventilation

All of the kitchens have access to natural ventilation

Yes



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Standard Requirement Proposed Complies Total Height 5 storeys & 18 metres 5 storeys & 18.38 metres No – see

comment below

Main Building (Base) up to 3 storeys (11 metres)

9.49 metres Yes

Floor to ceiling height in commercial 3.3m min

3.66 metres Yes

Floor to ceiling height in residential 2.7m min

Min. 2.9 metres Yes

2.5m min height from underside of awning to footpath

2.72 metres Yes

Building Height

2m min. depth of balcony Min. 2m Yes

Commercial component 10-24 metres

18.03 metres Yes Building Depth

In general, an apartment building depth of 10-18 metres is appropriate. The 18 metre guideline generally applies to street wall buildings, buildings with dual and opposite aspect and buildings with minimal side setbacks. Freestanding buildings may have greater depth than 18 metres only if they still achieve satisfactory daylight and natural ventilation

Maximum depth of any apartment is 18 metres.

Yes

Ground, first and second floor may be built to street alignment

Ground floor built to the street alignment. First and second floor setback 2m from street alignment.

Yes

Floors 3, 4 & 5 to be setback 5m Floors 3 and 4 and setback 5 metres Yes

Rear setback 1m (laneway) 1 metre minimum Yes

Establish 45 degree height plane from projected 1.8 metre above the residential zone boundary

Site does not adjoin residential zoned

Yes

Building Setbacks

May be built to side boundaries Built to side boundary to create a continuous frontage to Anglo Road.

Yes

Building Separation (as per SEPP 65)

12m up to 4 storeys 18m storeys 5 to 7

The development is not adjoined by any developments of four storeys or higher. However, provision has been made with setbacks that the objective of this control may be achieved when adjacent sites are redeveloped

Yes

Building Configuration

At ground floor level viable shop fronts for business activities are to be created on the street frontages.

Viable commercial and retail tenancies are provided with direct frontage/exposure to Anglo Road.

Yes

Facades – New 3-5 storey buildings

To be in accordance with Articulation controls of this DCP

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

Yes

Cantilevered Awning

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

3.26 metres Yes



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Standard Requirement Proposed Complies Width of 3 metres 3metres. To be imposed as a

condition of consent, should the application be approved.

Yes

Buildings should generally have a base and upper elements.

Building has clear base and upper levels

Yes

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

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

Yes

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

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

Yes

The set back from the street facade to the upper building component is to be between 3-5 metres

Setback is 5 metres for the upper building

Yes

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

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

Yes

On public realm frontages, above the ground floor, balconies and voids should not dominate facades

Façade consists of an appropriate mix of building design elements and is not dominated by balconies or voids.

Yes

No blank walls are to face the public realm

No blank walls face Anglo Road Yes

Balconies should be used in moderation and be integrated into the overall composition of the facade. They should not be implemented in a monotonous or repetitive configuration. This applies to both recessed and cantilevered balconies. Balconies may have masonry or metal balustrades. The latter should generally have a separation of the grilles and a handrail.

Balconies are integrated into the overall design of the façade. There is adequate variety in the balconies configuration between the lower and upper levels of the development. Balustrading is to be a combination of smooth concrete with paint finish and metal balustrades.

Yes

Articulation

The majority of windows shall be vertically rectangular

Majority of windows are to be vertically rectangular.

Yes

Relate roof design to the desired built form and or context

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

Yes Roof & Terraces

Design the roof to relate to the size and scale of the building, the building elevations and 3D building form. This includes the design of any

The roof has been designed so as to step up from the building edge. This gives it the appearance of an ancillary structure which is

Yes



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Standard Requirement Proposed Complies parapet or terminating elements and the selection of roof materials.

complimentary to the building design. Within the roof space, attic space has been provided for habitable use.

Design roofs to respond to the orientation of the site, for example, by using eaves and skillion roofs to respond to solar access.

Roof structure takes advantage of the northerly aspect to the rear of the site to provide maximum solar access.

Yes

Combined private open space area should be a minimum of 10% of dwelling floor space

Combined private open space area of 21.5% (543.2m2) of dwelling floor space

Yes

Primary balconies for 1 bedroom dwelling is to be 8m2

Minimum of 10m² Yes

Primary balconies for 2 & 3 bedroom dwellings are to be 10m2

Minimum of 11m² Yes

Full length balconies without articulation are not permitted

Articulation and building design elements incorporated to provide relief to balconies

Yes

Primary balconies to be located adjacent to main living areas.

All primary balconies are accessible directly off living room

Yes

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

Minimum depth of 2 metres and functional in design

Yes

Private Open Space, Balconies, terraces & Courtyards

Design and detail balconies in response to local climate

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

Yes

6m3 per one bedroom dwelling 6m3 minimum Yes

8m3 per two bedroom dwelling 8m3 minimum Yes

Storage (may be provided in lockable spaces in garage)

10m3 per three bedroom dwelling 16m3 minimum Yes

Streetscape Improvement Works

Where an existing centre and development site is programmed to be upgraded as part of the streetscape improvement program a development contribution will be levied to fund the future costs of these works where an applicable Section 94 Contribution Plan is in place. Alternatively the developer will be required to upgrade the development site street frontage in accordance with Council’s specification

A condition has been recommended that the reconstruction of footpath paving and associated works along areas of the site fronting Anglo Road is required. The footpath paving shall be constructed in accordance with Council’s Specification for ‘Segmental Paving Works – Campsie Shopping Centre’. Works are to be carried out by Council or an approved contractor and all associated costs for the work shall be borne by the applicant.

Yes

The proposed development complies with the design and numerical requirements of DCP 54, with the exception of the deep soil planting control and the building height. These issues are addressed in further detail below.



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Deep Soil Planting DCP 54 requires that deep soil planting areas be retained and optimised where possible. However, in order to accommodate the number of car parking spaces required by our Car Parking Code (DCP 20), a basement level car park is proposed to be provided which will occupy the whole development. Therefore, there is no scope for deep soil planting areas throughout the site. Although this is not the desired outcome, on balance, due to the competing interests and the need to provide car parking on site for the residential units, the proposal is supported in this regard. Building Height DCP 54 permits a maximum building height of 18m measured from ground level to the highest point of the building. The proposal has a minor non-compliance of 380mm along the western elevation at the ridge level. This variation is considered minor given it is setback back from the street towards Lillian Lane and is unlikely to be visible from the laneway. It is noted that the attic level has been incorporated into the roof design and is included within the height limit of the DCP.

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater Drainage Design” The proposed hydraulic plan has been assessed by our Development Engineer and is in accordance with our Stormwater Management Manual – Specification 9. Relevant conditions of consent have been included in the recommendation below to ensure the reconstruction of kerb and guttering affected by the development is at the applicant’s cost.

• Section 94 Contributions Plan The provisions of our Section 94 Contribution Plan apply to the proposed development in that it will provide residential dwellings on the subject site and a Contribution is to be paid in lieu of providing 10 car parking spaces for the commercial and retail component of the development. The proposed development attracts a contribution of $451,570.82 for open space, recreation facilities, community facilities environmental amenity improvements, traffic control and management, car parking and monitoring research and administration. In regard to the above contribution for the subject site, Council has adopted the Anzac Mall Place Management Strategy which recommends the reopening of Anzac Mall. The costs associated with these works were not provided for in the Long Term Financial Plan, the Council Delivery Program or the Annual Budget. The Place Management Strategy therefore required identification of alternative sources of funding. One of these is the potential to forego the Section 94 contributions ordinarily payable on new development proposals in lieu of redirecting this contribution towards the actual design and construction of the opening of the Mall. Council at its meeting on 23 February 2012, resolved to commence discussions with the landowner of the subject site regarding a Voluntary Planning Agreement which would include a monetary contribution equal to the amount that will normally be payable under the Section 94 Contributions Plan. This will go towards the design and construction of the opening of the Anzac Mall, consistent with the Anzac Mall Place Management Strategy. The applicant has expressed a desire through the VPA, to make



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a monetary contribution towards the realisation of the Anzac Mall Place Management Strategy in lieu of Section 94 contributions.

Referrals The development application was referred to various internal sections of Council and for RailCorp’s concurrence given the site’s proximity to the railway line.

• RailCorp RailCorp has issued their concurrence for the proposed development subject to the imposition of the operational conditions provided by Railcorp. These conditions will be imposed should the application be approved.

• Heritage Advisor The DA has been referred to our Heritage Advisor who reviewed the Heritage Impact Statement prepared by Perumal Murphy Alessi Consultants and submitted as part of the application. No objection has been raised to the proposal.

• Disability Access Committee The DA has been referred to our Disability Access Committee who has raised no objections to the proposal subject to appropriate conditions.

• Crime Prevention Officer The DA has been referred to the Crime Prevention Officer who has raised no objections to the proposal subject to appropriate conditions.

Notification The application was notified in accordance with Council’s Notification Policy (DCP 32) with one submission received during this period. The following issues were raised to the development:

• Construction phase of the development Concern has been raised regarding the excavation works proposed as part of the development. Comment The proposal involves the excavation of the site to a depth of approximately 5.6 metres to accommodate the proposed basement car parking area. We typically impose conditions to ensure that the damage to adjoining properties is minimised by requiring applicants to provide dilapidation and geotechnical reports prior to the issue of a Construction Certificate. Such conditions would need to be imposed on any development consent issued for this proposal.

• Lack of Parking Concern has been raised that the proposed development does not provide sufficient car parking for the retail component of the development.



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Comment A traffic and parking assessment report has been prepared by Halcrow Traffic Engineers in regard to the proposed development. The report concludes that the traffic generation and parking would be satisfactory. The proposal provides sufficient car spaces for the residential component as required by our Car Parking Code. In regard to the retail space, there is scope under DCP 54 which permits the payment of Section 94 contributions in lieu of providing parking for the commercial/retail uses. The proposal in its current form is considered to be satisfactory.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. The application is recommended for approval subject to conditions of consent. The proposal represents a suitable development for the site and will provide a reasonable living amenity for occupants. The departure sought from DCP 54 - Town Centres Code is considered reasonable given that it is minor in nature and does not create any impacts on the adjoining properties. The proposal is considered to be a good design outcome for the site. Independent Hearing and Assessment Panel report The Independent Hearing and Assessment Panel considered the application on 30 July 2012, and their report is provided below.

“IHAP Recommendation

THAT Development Application DA-622/2011 be DEFERRED to enable the

applicant to provide further information as discussed in the Panel Assessment.

Vote: 5-0 in favour

Site Visit An inspection of the site was undertaken by the Panel and staff members prior to the

public hearing.

Public Addresses The applicant’s representative attended and provided information in relation to

questions raised by the Panel. There was no other public address for this item.

Panel Assessment The Panel is concerned and notes on page 43 of the report that the Council is

considering the design and construction of the opening of Anzac Mall, consistent with

the Anzac Mall Place Management Strategy. The Panel understands that this may

include a road or a form of road through the mall.

A concern of the Panel is the overshadowing from this development across the mall

from levels above three storeys.



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The applicant’s representative agreed that shadow diagrams did not demonstrate the

full extent of the overshadowing of the mall. Additional diagrams were provided to

the Council and the Panel the day after the meeting.

The Panel requests that the applicant consider the following matters:

1. Sun Access to the Plaza

It is acceptable that the building does have some overshadow of the plaza. In

order to reduce this as much as possible the following amendments should be

considered:

(a) The southern elevation (facing the plaza) of top levels of units 24, 25,

26, 27 should be setback back as far as possible. This can be achieved

by pulling the footprint back to be in line with the wall of the atrium.

Where possible the internal stairs should be incorporated further into

the building and by deleting the balconies. These amendments could set

levels above level 3 back by a further 2-4m which would reduce

overshadowing of the plaza.

(b) The dormer windows/roofs of top levels of units 24, 25, 26, 27 should

be deleted.

2. Sun Access to lower level Anglo Road dwellings

The shadow diagrams show that the lower level dwellings will not receive good

sunlight access as they will be overshadowed by the building facing Lillian

Lane. This can be improved by reconfiguring the footprint of the northern

section of the building and widening the size of the atrium by:

(a) Relocating the footprints of the top levels of Units 22 and 23 back

towards Lillian Lane and aligning it with the Lillian Lane frontage so

as to reduce the height of the northern wall of the atrium, thereby

allowing greater sun access.

(b) Relocating the footprints of the top levels of Units 22 and 23 further

towards the western boundary so as to further open up the atrium’s

orientation to the north and east.

(c) Ideally the footprints of the top levels of Units 22 and 23 should be

redesigned to make them as compact as possible and elongated along

the western boundary so as to further open up the atrium’s orientation

to the north and east.

(d) The lift on the eastern side should be pushed back in line with the edge

of the atrium/void. So too the encroachment of corridors into the atrium

should be avoided. The atrium should achieve a consistent 12m by 12m

opening on all levels of the building.

(e) Ideally the eastern lift and stair should be relocated on the eastern

boundary thereby deleting the second atrium/void (which by the CODE

definition should be avoided or where necessary achieve a 6m x 6m

minimum opening; the proposal shows around 4m), Units 26 and 27

should be combined to create a larger unit but one that has a northern

orientation. This will enlarge the atrium thereby allowing better sun

access.



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The Panel is unable to make a recommendation at this stage until the above matters

have been received by the applicant together with an indication from the Council staff

of how the Mall may change under the Anzac Mall Place Management Strategy.

In addition, a concern was raised about the calculation of the Section 94 contributions

(commercial) for the shortfall of 10 spaces.

The Panel is of the opinion that based on the calculation under the Council’s Parking

Code that the correct ratio is 1 space per 30m2 which leads to a deficiency of 10.5

rounded up to 11 spaces. This is an additional matter that can be checked and

confirmed by the Council officers in the return report to the Panel.

The Panel recommends this matter be deferred to enable the applicant to provide the

additional information.”

Supplementary Information: The applicant has submitted supplementary information in response to the issues raised by the Independent Hearing and Assessment Panel at its meeting on 30 July 2012. The applicant has submitted additional shadow diagrams to address the Independent Hearing and Assessment Panel’s concerns. It should be noted that the preliminary design of the opening of the Anzac Mall acknowledged the level of overshadowing represented by a 6 storey building. A copy of the Anzac Mall Place Management Strategy will be forwarded to the IHAP for its consideration. The applicant has also presented arguments requesting the Independent Hearing and Assessment Panel reconsider its view in relation to the matters raised. In regard to the calculation of the Section 94 contributions for the commercial space, the car parking deficiency is to be rounded up to 11 spaces and therefore the Section 94 contribution must be amended to reflect this change. If the IHAP recommends approval of the application based on the amended plans and documentation, Condition 6 and 20 of the recommendation should be amended to reflect the recently submitted plans and the recalculated Section 94 contribution.

RECOMMENDATION:

THAT Development Application DA-622/2011 be APPROVED subject to the following: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Structural Engineering Plan including Method of Shoring During Excavation

• Building Specifications

• Fire Safety Schedule

• Landscape Plan

• Hydraulic Plan

• Sydney Water Notice of Requirements



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• Firewall Separation

• Soil and Waste Management Plan

• BASIX Requirements

• Ventilation of basement in accordance with AS1668.2

• Compliance with the Premises Standard

• Εvidence of Compliance with Conditions 46 to 56 1.2. A report prepared by an independent Accredited Engineer, detailing the

structural adequacy of the adjoining properties at 17-17A and 11 Anglo Road and their ability to withstand the proposed excavation and any measures required to be incorporated into the work to ensure that no damage will occur during the course of the works, shall be submitted to Council, or the Principal Certifying Authority with the Construction Certificate. All costs to be borne by the applicant.

1.3. Prior to the issue of a Construction Certificate, an Emergency Response Report detailing what emergency and safety measures are to be adopted in the event of mechanical failure of the car parking stack system must be submitted to Council or Private Certifying Authority for approval.

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

1.5. Payment to Council of: Kerb and Gutter Damage Deposit $3,075.00 Section 94 Contributions $451,570.82 Certificate Registration Fee $36.00 Long Service Levy $28,000.00

1.6. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $16,375.00 Inspection Fee $4,636.00 Occupation Certificate Fee $1595.50

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

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City

Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and



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

INSURANCE

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

SITE SIGNAGE

4. A sign shall be erected at all times on your building site in a prominent position stating the following: 4.1. The name, address and telephone number(s) of the principal certifying

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

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

DEMOLITION

5. Demolition must be carried out in accordance with the following: (a) Demolition of the building is to be carried out in accordance with applicable

provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

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

(c) Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.

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

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

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

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

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

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



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

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

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

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

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

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

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

GENERAL

6. The development being carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice: Sheet No. Dated Prepared by Received by Council on DA-02 Rev. B February 2012 D-Studio Architects 18 May 2012

DA-03 Rev. B February 2012 D-Studio Architects 18 May 2012

DA-04 Rev. C June 2012 D-Studio Architects 22 June 2012






DA-10 Rev. C August 2012 D-Studio Architects 20 August 2012



DA-13 Rev. C August 2012 D-Studio Architects 20 August 2012


DA-15 Rev. D August 2012 D-Studio Architects 20 August 2012

11-2490 L01 Rev. B

9 May 2012 Zenith Landscape Designs

18 May 2012

11-2490 L02 Rev. A

21 March 2012 Zenith Landscape Designs

18 May 2012



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7. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, fences, windows and doors being in accordance with the approved plans and Schedule of Finishes as received on 18 May 2012. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

8. The site being consolidated into one allotment. The plan of consolidation being lodged and registered with the Land and Property Information NSW prior to the release of the Occupation Certificate or occupation of the building.

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

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

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

12. All building construction work must comply with the National Construction Code. 13. All activity being conducted so that it causes no interference to the existing and future

amenity of the adjoining occupations and the neighbourhood in general. 14. The capacity and effectiveness of erosion and sediment control devices must be

maintained at all times. 15. Concrete pumping contractors must not allow the discharge of waste concrete to the

stormwater system. Waste concrete must be collected and disposed of on-site. 16. Materials must not be deposited on Council’s roadways as a result of vehicles leaving

the building site. 17. Drains, gutters, roadways and accessways must be maintained free of soil, clay and

sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

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

19. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

20. This condition has been levied on the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury City Council’s Section 94 Contributions Plan 2005, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The amount of the contribution (as at the date of this consent) has been assessed as $451,570.80. The amount payable is based on the following components: Contribution Element Contribution Account No.

• Open Space Acquisition $ 181,285.02 711

• Recreation Facilities $30,424.07 712



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• Community Services $96,466.35 713

• Environmental Amenity Improvements $37,570.80 714

• Traffic Control and Management $6,399.80 715

• Car Parking $70,531.27

• Research Levy - Car Parking - Campsie $4821.48

• Monitoring, research and administration $24,072.03 717

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

20A. Condition 20 does not apply if at the time of the issue of consent, a Voluntary Planning Agreement pursuant to Section 93F of the Environmental Planning and Assessment Act between Canterbury City Council and the landowner, has been executed, which describes an alternative purpose and method and in which a contribution equal to the monetary sum outlined in condition 20, may be made.

21. Under clause 97A(2) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

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

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

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

22. A Dilapidation Report/photographic survey prepared by an appropriately qualified engineer is to be undertaken of the adjoining properties, being 17-17A and 11 Anglo Road, Campsie detailing the physical condition of the property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to occupation of the building, a certificate by an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining premises is to be provided to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible and prior to occupation of the development. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this consent.



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23. Geo-technical engineering report assessing the impact and safety of the proposed works is to be prepared by a suitably qualified and experienced geo practitioner and provided to the Principal Certifying Authority prior to the issue of a Construction Certificate. The report must include the results of subsurface investigations, involving either test pits to rock, or preferably the drilling of cored boreholes (to one metre below the proposed final excavation level). The report shall describe:

• An indication and nature and depth of any uncontrolled fill at the site.

• An indication of the nature and condition of the material to be excavated.

• Indications of groundwater or seepages.

• Required temporary measures for support of excavations deeper than one metre adjacent to property boundaries.

• Statement of required excavation methods in rock and measures required to restrict ground vibrations.

• Other geo-technical information or issues considered relevant to design and construction monitoring.

All findings and recommendations of the Report are to be followed and adhered to throughout the construction process.

24. Parking facilities/storage for 10 bicycles is to be provided on site, as indicated on the approved plan.

25. Forty-five (45) off-street car spaces being provided in accordance with the submitted plans. This shall comprise of:

• Thirty seven (37) car parking spaces for the residential component of the development (containing a minimum of one space for each small/medium dwelling and two spaces for each large dwelling)

• One (1) service/deliver bay

• Six (6) visitor car space

• One (1) car wash bay to remain as common property The car space(s) being allocated and marked according to this requirement. If the development is to be strata subdivided, the carpark layout must respect the above allocation.

26. A separate Development Application is required for the use of the retail and commercial tenancies.

27. The premises are to be treated with anti-graffiti treatment. Details of the treatment of the building, including a certificate from the contractor carrying out the work shall be provided prior to the issue of an Occupation Certificate.

28. The visitor car space must remain free from storage and obstruction and be made available for use by visitors at all times.

29. An intercom system is to be provided at the main entrance to the residential component on the Anglo Road frontage.

30. Closed Circuit Television systems are to be installed at the ground floor entrances of the building.

31. A security system/swipe card system is to be installed within the lift which allows operation of the lift only to authorized levels within the building.

32. Signage throughout the site is to be used to direct people to where they are meant to be. This will reduce excuse making and loitering opportunities for potential offenders.

33. The garbage room door must be kept locked at all times, except during collection times.



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34. The awning to be erected above the ground floor level, fronting Anglo Road as shown on the approved plans, must have a minimum overall height (from the natural ground/footpath level) of 3.2 metres and a maximum overall height of 4.2 metres. The awning must also have an overall width of 3 metres.

35. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate.

36. Structural Engineer’s details and specifications being submitted to the Principal Certifying Authority for all excavation and backfilling together with the proposed methods of retaining/shoring to the basement area. The details must be prepared by a suitably qualified practising structural engineer who has /is eligible for membership of the Institute of Engineers of Australia, and be accompanied by a completed Structural Design Certificate.

37. Any person causing excavation below the level of the base of footings on an adjoining allotment of land must, at their own expense: a) preserve and protect the building from damage; and b) if necessary, underpin and support the building in an approved manner; and c) give notice of intention to do so to the owner of the adjoining allotment of

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

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

39. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to the pouring of concrete at B1, B2, G, L1, L2,L3 & L4 (basement/ground/first/second/third/fourth) floor slab level indicating the finished floor level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

40. All bathroom, en-suite and laundry windows contain translucent glazing. RAILCORP

41. All excavation and construction works are to undertaken in accordance with the details, methodology, advice, undertakings and recommendations detailed in the following documents: 41.1. Geotechnical Investigation report prepared by Auswide Geotechnical (on

behalf of Environmental Investigations) dated 21 October 2011(Report No. AW25539).

41.2. Correspondence from Auswide Geotechnical dated 15 February 2012 (Ref No. AW25539).

41.3. Correspondence from Auswide Geotechnical dated 16 March 2012 February 2912(Ref No. AW25539).

41.4. Basement 2 Shoring and Excavation Plan prepared by FENG Consulting Engineers – Drawing No. 11070-S02 Issue A.

41.5. Pile Wall PW1 and Propping Design Diagram prepared by FENG Consulting Engineers Drawing No.11070-S03 Issue A.



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41.6. Pile Wall PW1, Pile 2 Details prepared by FENG Consulting Engineers Drawing No.11070-S04 Issue A.

The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied. Any conditions issued as part of RailCorp’s approval/certification of the above documents will also form part of the consent conditions that the Applicant is required to comply with.

42. The following items are to be submitted to RailCorp for review and endorsement prior to the issuing of a Construction Certificate: 42.1. Machinery to be used during excavation/construction. 42.2. A monitoring plan to control deformations at RailCorp’s infrastructure during

excavation and construction phases. 43. All piling and excavation works are to be supervised by a geotechnical engineer

experience with such excavation projects. 44. No rock anchors/bolts are to be installed into RailCorp’s property or easements. 45. No modifications may be made to that approved design without the consent of

RailCorp. 46. Prior to the commencement of works and prior to the issue of the Occupation

Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project (especially the retaining wall and rail track formation) is to be carried out by representatives from RailCorp and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by RailCorp.

47. An acoustic assessment is to submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads-Interim Guidelines”

48. Prior to the issue of a Construction Certificate the Applicant is to engage and Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

49. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to RailCorp for review and comment on the impacts on rail corridor. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

50. Prior to the issuing of a Construction Certificate the Applicant is to submit to RailCorp a plan showing all craneage and other aerial operations for the development and must comply with all RailCorp requirements. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the RailCorp confirming that this condition has been satisfied.



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51. If required by RailCorp, a track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to RailCorp for review and endorsement prior to the issuing of Construction Certificate. The Principle Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from RailCorp advising of the need to undertake the track monitoring plan, and if required, that it has been endorsed.

WASTE

52. The floor level of the garbage area is to be lower than the floor level of the foyer area to allow for cleansing/washing of the room.

53. A grated drain and running water is to be provided within the garbage room to allow for cleansing activities.

54. The separate garbage areas provided for commercial/retail and residential waste shall be clearly signposted and signage also provided within those areas to indicate the places for the rubbish bins separate to the recycling bins.

55. There shall be no steps or obstructions in the path of travel from the garbage rooms to the street kerb.

56. Door openings giving access to the garbage rooms and waste management shall be a minimum of 1.2metres wide.

57. The garbage room must be constructed and arranged in accordance with the specifications outlined in Appendix 4 of Development Control Plan 48: Waste Management (DCP 48).

58. Access to the waste storage areas shall be provided for servicing from 5:00am on service day.

DISABILITY ACCESS

59. No step, lip or significant change in level that would hinder the passage of a person who uses a wheelchair is to be provided at the main entry point of the building.

60. The main entry must be at least 850mm in width to accommodate a person who uses a wheelchair.

61. In relation to the basement carpark, the minimum height of the path of vehicular travel from the street entry to the Accessible Parking Space must be 2200mm. The clear vertical clearance at this space must be at least 2500mm.

62. Appropriate signage, that is in accordance with and compliant with AS/NZS 2890, Part 6, must be erected at the Accessible Parking Space.

63. Doors are to provide a clear opening of 900mm when the doors are fully open. 64. The development must comply with all requirements of the Disability (Access to

Premises – Buildings) Standards (2010), Disability Discrimination Act 1992 and AS 1735.12 Part 12 (1999) – Facilities for persons with disabilities, Amendment 1.

LANDSCAPING

65. The landscaping must be completed according to the submitted landscape plan prepared by Zenith Landscape Designs (Drawing No. 11-2490L01, Revision B and dated 9 May 2012 as received by Council on 18 May 2012) and with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council's satisfaction.

66. The glazing windows between the common courtyards and the indoor common areas shall be no less than 1.8 metres in height to provide sufficient sunlight and encourage the use of these common open spaces.



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67. Two (2) small-medium sized canopy trees shall be planted in the central courtyard and one (1) to be planted in the courtyard on the east side of the building. The selected tree species can be deciduous to improve the solar access to the dwellings, such as Lagerstroemia indica, Acer palmatum or Magnolia denudate.

ENGINEERING

68. The stormwater system be constructed in general, in accordance with the plans, specifications and details received by Council on 25th June 2012; drawing numbers 2011326 H1-H3, Rev 2, prepared by ANA Civil PTY LTD. and as amended by the following condition.

69. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

70. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt arrestor pit is to be sized in accordance with clause 3.3.2 of Councils stormwater management manual ~ specification 9. Sump depth is to be a minimum of 300mm deep.

71. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system upstream of the silt arrestor pit and in accordance with Clause 4 of Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

72. An on-site stormwater detention system OSD must be provided if the post-development impervious area is greater than or equal to 70% of the total site area.

73. Where OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s Stormwater Management Manual – Specification 9.

74. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

75. A full width light duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb



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& Gutter”. 76. The applicant to arrange with the relevant public utility authority the alteration or

removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

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

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

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

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

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

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

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

DISABILITY ACCESS

84. Class 2 building: A continuous accessible path of travel is to be provided from the building entry to at least one floor containing Self-occupancy Units (SOU), and to the entrance doorway of each SOU. It must not contain a step or other impediment, and shall have an unobstructed width of at least 1000mm, and vertical clearance of 2000mm. Access is also required to and within all Adaptable Units.

85. Class 6 and 7a buildings: Access is required to all areas normally used by occupants. 86. Resident entry from Anglo Road: The resident entry is to be at-grade. The landing in

front of the ramp is to be at least 1200 mm long, and have a maximum crossfall of 1:40. Any Security Card Reader is to be placed at a height between 900mm and 1100mm above the floor level, at least 500mm from an internal corner.

87. All doors within the Adaptable Units and along all continuous accessible paths of travel are to provide a clear opening of at least 850mm when the door is fully open. Latch-side clearances vary, and are to comply with AS1428.1 (2009), Clause 13.3.



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88. Door handles must be D-shaped, to allow for one-handed operation. 89. If any doors in the retail units, or on a continuous accessible path of travel, are glazed,

a contrast strip must be placed for the full width of the door, and any adjacent glazed panels. The strip is to be at least 75mm thick, and must provide a luminance contrast of at least 30% to its surroundings, when viewed from the inside and the outside.

90. Automatic doors at main entry: Censors that operate these doors must allow sufficient time for a slow-moving customer to enter or exit the retail tenancies before the doors close.

91. The minimum width of corridors is to be 1000 mm, but they must be wider at doorways, to comply with AS1428.1 (2009).

92. Units 1, 1A, 7 and 13 are identified as Adaptable Units. Each appears to be compliant with AS1428.1 (2009). This should be confirmed on fully dimensioned drawings. Fully dimensioned drawings that show the Units in their post-adaptation mode are also to be provided.

93. Flooring in all wet areas is to be non-slip, in the wet and dry conditions. 94. For Adaptable Units 7 and 13, the floor level of the patio is to be the same as the floor

level of the Unit. Tracks for the sliding doors are to be laid flush with the finished floor level so as to avoid the creation of a trip.

95. Lifts: Doors are to provide a clear opening of 900 mm, when the doors are fully open. The Disability (Access to Premises – Buildings) Standards require the provision of a fully accessible lift (AS1735.12). If the lift travels more than 12 metres it is to have minimum floor dimensions of 1400mm X 1600mm. As this is a residential development, consideration should be given to the installation of a lift that provides space for a paramedic stretcher measuring 2100 mm X 600 mm.

96. Access between lifts is provided on the Ground and First Floors, but not on the upper Floors. The Owner’s Business Plan is to identify strategies for the evacuation of persons from the Adaptable Unit 13, in the event of an emergency, if one lift is out of service.

97. All common areas are to be fully accessible, with some seating to provide armrests and backrests, and paving to be non-slip.

98. Letterboxes are to be located on a level surface, with circulation space of at least 2070 mm. Letterboxes for the Accessible Units are to be located at a height between 900mm and 1100mm above the finished surface level.

99. Four Accessible Parking Spaces are shown. The clear vertical clearance at these spaces is to be at least 2500 mm. The minimum height of the path of vehicular travel from the street entry to the Accessible Parking Spaces is to be 2200 mm.

100. At-grade entry is to be provided to Retail Units 1 and 2. The ramp to Retail Unit 3 is shown as 1:10. The maximum length of a 1:10 gradient ramp is 1900 mm. If the ramp is longer than 1900 mm, it must have a maximum gradient of 1:14, and compliant handrails will be required on both sides of the ramp, with a minimum distance of 1000 mm between the handrails.

101. Residential Waste Area: The landing at the right-angle turn in the ramps to the waste bins is to be 1500 mm X 1500 mm, to allow for a wheel to make the turn.

102. Tactile Ground Surface Indicators (TGSI’s) are required at the top and base of the ramp to the residential foyer, and at the top and base of the ramp to Retail 3, for the full width of the ramp. The TGSI’s must have a luminance contrast of at least 30% with the surrounding floor surfaces.



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CRIME PREVENTION

103. The site must be treated with anti-graffiti paint, and shop windows and glass doors be applied with anti-graffiti film to deter graffiti offenders targeting the building and it’s perimeter. This will preserve the building and increase a sense of maintenance and ownership of the site.

104. The use of proactive security such as CCTV cameras is recommended. This measure will ensure that the site is monitored at all times.

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

106. All parking areas be well-lit and restricted to only residential and retail owners/occupiers by a security system. This will increase security and reduce unauthorised persons accessing restricted areas of the building. Retail owners/occupiers can allow customers access via an intercom however this is not encouraged. As the car park entrance is located at Lillian St, which is a narrow one way street with very limited natural surveillance, we do not encourage such an increase of traffic flow into this location.

107. The toilet at ground level should be locked at all times with retail owners/occupiers given key access. This toilet should not be accessible by the public.The door at the end of the lobby providing entrance to the back of the retail stores should be made an emergency exit with a one way opening door to prevent public access. Deliveries to retail stores can be made via this exit door with retail owners/occupiers assistance but access by the general public including residents should be denied, as multiple entry points to stores provides opportunities for robberies to occur.

108. All fire safety exits should be fitted with a one way opening door to reduce access from outside of the premises.

SYDNEY WATER REQUIREMENTS

109. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision. A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

110. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Your Business, then Building & Developing, then Building & Renovating, or telephone 13 20 92.



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CRITICAL INSPECTIONS

111. Class 2, 3 or 4 Buildings The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 111.1. at the commencement of the building work, and 111.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within the building, and 111.3. prior to covering any stormwater drainage connections, and 111.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 111.5. at the commencement of the building work, and 111.6. prior to covering any stormwater drainage connections, and 111.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 112. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent.

To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT

113. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.

WE ALSO ADVISE 114. This application has been assessed in accordance with the National Code of Australia. 115. Where Council is appointed as the Principal Certifying Authority, you will be required

to submit Compliance Certificates in respect of the following:

• Structural engineering work

• Air handling systems

• Final Fire Safety Certificate

• BASIX completion

• Glazing

• Premises Standard

• Waterproofing

• Section J of the BCA 116. Any works to be carried out by Council at the applicant’s cost need to be applied for in

advance. 117. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile

1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

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



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

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

121. If you are not satisfied with this determination, you may: 121.1. Apply for a review of a determination under Section 82A of the Environmental

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

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


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2 44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT CAR PARKING

FILE NO: 814/77D PT 4

REPORT BY: DIRECTOR CITY PLANNING

WARD: CENTRAL

D/A No: DA-605/2011

Applicant:

Owner:

Chinese Australian Services Society Ltd

As Above

Zoning: Residential 2 (c) under Local Environmental Plan No. 148 – Campsie Precinct

Application Date: 14 December 2011; with additional information submitted on 4 May 2012, 10 May 2012 and 3 July 2012

Summary:

• The applicant seeks consent to consolidate the existing allotments, demolish the existing structures, construct a 63 room hostel and associated recreation hall, child care centre for 66 children with ancillary administration space and training/education rooms and a basement level car park.

• The site currently accommodates a child care centre, before and after school care service, educational centre and administration offices in support of these operations. The new facilities proposed on site will include the accommodation of these previously approved uses.

• The proposed development is permissible with Council consent within the Residential 2(c) zone under Local Environmental Plan 148 – Campsie Precinct (LEP 148).

• The application was notified/advertised in accordance with our Notification Policy (DCP 32). We received five submissions and a petition signed by ten households, all objecting to the proposed development. Issues of concern include the commercial nature of the development, noise and amenity issues, the construction phase of the development, traffic congestion and parking, privacy impacts, removal of existing trees and a loss of visual amenity. These issues have been addressed and are discussed in greater detail in the body of this report.


44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT CAR PARKING (CONT.)

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• The proposed development generally complies with all requirements of the relevant planning instruments and development control plans with the exception of the non-compliance relating to the child care centre being in a two storey building and the height standard under Development Control Plan (DCP) 13 – Multiple Unit Development Code for the hostel component. This non-compliance is limited to certain portions of the southern elevation. The development is consistent with and reflects the objectives of the zone and DCP 13 – Multiple Unit Development Code.


City Plan and Budget Implications:

This report has no implications for the Budget. The assessment of the application supports our City Plan long term goal of Balanced Urban Development.

Report:

Background

• On 29 November 1984, DA 1920 was approved for alterations and additions to the existing childcare centre at 44 Sixth Avenue, Campsie.

• On 27 December 1989, DA-4629/1989 was approved for before and after school care for children between 6 and 12 years at 44 and 48 Sixth Avenue, Campsie. The maximum number of children permitted on the site was restricted to 25.

• On 27 August 1993, DA-6736/1993 was approved for the conversion of the existing residence at 46 Sixth Avenue, Campsie for use as a Childcare Centre in conjunction with the existing adjoining child care facilities.

• On 18 December 2002, development consent (DA-585/2002) was issued for the use of 50 Sixth Avenue, Campsie as an educational centre and public building in conjunction with the existing childcare centre at 44, 46 and 48 Sixth Avenue, Campsie. The educational centre provides English classes, family day care service carer classes, administration offices ancillary to the existing child care centre and interview rooms for the staff and parents/guardians of the Family Day Care Centre.

• Since 1993, the Department of Community Services (DOCS) has provided the Chinese Australian Services Society (CASS) with a licence for childcare use on the site for 71 children.

• On 7 April 2011, the applicant lodged a Development Application (DA-152/2011) involving the demolition of all the existing structures on the site and construction of a new 42 one bedroom senior hostel, child care centre, educational establishment, administration and recreation area buildings over a basement car park. The proposed development had a capital investment value in excess of $20 million and was therefore referred to the Joint Regional Planning Panel. Given the scale and significant non-compliances presented by the initial proposal, the Panel, based on Council officers’ feedback advised that the application should be withdrawn or the application was likely to be refused. The applicant withdrew the application.



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Site Analysis The subject site is located between Fifth Avenue and Sixth Avenue and comprises nine separate allotments. The site is irregular in shape and has a total site area of 4,871m2. The site has an overall street frontage to Fifth Avenue of 55.66m and 35.55m to Sixth Avenue. A Sydney Water easement runs north-south through the middle of the properties fronting Sixth Avenue. The development site currently accommodates a child care centre with an administration level above, hall used for the before and after school care service and five residential dwellings along the Fifth Avenue frontage. Vehicular access to the Sixth Avenue properties is via driveways and rights of access across 44-48 and 50 Sixth Avenue. Separate driveway access is provided for each of the dwellings fronting Fifth Avenue. The immediate locality is characterised by a variety of residential developments from single detached dwellings to multi-unit developments. To the north and south of the Sixth Avenue properties, there are three storey residential flat buildings. The northern end of Sixth Avenue is a cul-de-sac which adjoins an open space reserve and the Cooks River.

To the south of the Fifth Avenue properties are the rear of the residential dwellings which have frontage to Seventh Avenue. To the north are single detached dwellings. Fifth Avenue is a four lane roadway and is a main connector into Campsie from Burwood and Georges River Road to the north.



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Proposal The applicant is seeking consent to demolish all existing site structures and undertake a staged development comprising the following:

• Consolidate all nine allotments into one allotment.

• Construct a 63 one-bed seniors living hostel building located on the western portion of the site with frontage to Fifth Avenue.

• Construction of a recreational hall to be used by both the hostel and before and after school care service. This will be connected to the eastern section of the hostel building.

• Reconstruction of a childcare centre located on the eastern half of the site with frontage to Sixth Avenue.

• Construction of administrative offices servicing the childcare, hostel, educational and recreational uses on the site.

• Construction of a basement car park to accommodate 31 car spaces for hostel residents and staff. This basement level will also include a kitchen and laundry facilities.

• Provision of five car parking spaces at-grade for short stay/drop off associated with the childcare centre, one ambulance bay and one courier space.

• A one-way driveway from Sixth Avenue to Fifth Avenue will be constructed. This will provide vehicular access to the basement and short stay/drop off spaces.

• Removal and replanting of trees and landscaping works in accordance with the submitted landscape plans.

In order for the child care centre and administrative services to continue operating on site, the applicant is proposing to stage the development over 5 stages as follows: Stage 1:

• Demolition of the residential dwellings fronting Fifth Avenue;

• Construction of the Seniors Hostel and associated basement parking and landscaping; and,

• Construction of the western portion of the driveway. Two-way access will be provided to enable egress and access to the site in a left-in, left-out arrangement.

An interim occupation certificate will need to be issued for the hostel building at the completion of this stage. Stage 2:

• Demolition of the existing hall and administration services building along the northern boundary of 50 Sixth Avenue; and,

• Construction of the single storey transitional/pre-school building. An interim occupation certificate will need to be issued for the pre-school building at the completion of this stage. Stage 3:

• Demolition of the existing childcare building fronting Sixth Avenue at 44-48 Sixth Avenue;



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• Construction of the new two-storey childcare and administration building along the Sixth Avenue frontage; and,

• Construction of the outdoor play area and landscaping associated with the childcare centre and administration building.

An interim occupation certificate will need to be issued for the childcare and administration building at the completion of this stage. Stage 4:

• Demolition of the existing main childcare building at 44-48 Sixth Avenue;

• Construction of the hall at the centre of the site and associated landscaping; and,

• Construction of the remaining basement car park below the hall.

An interim occupation certificate will need to be issued for the hall and additional basement car parking at the completion of this stage. Stage 5:

• Demolition of all remaining structures along the southern portion of 44-48 Sixth Avenue; and,

• Construction of the through site driveway, at grade car parking spaces and landscaping.

A final occupation certificate will need to be issued for the entire site at the completion of this stage. Upon completion of all stages, the driveway will be converted to a one-way thoroughfare.

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

• Canterbury Local Environmental Plan 148 – Campsie Precinct

• Draft Canterbury Local Environmental Plan 2012

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

• Development Control Plan 9 – Non-Residential Development adjoining Residential Zones (DCP 9)

• Development Control Plan 13 – Multiple Unit Development Code (DCP13)

• Development Control Plan 20 – Car Parking Code (DCP 20)

• Development Control Plan 25 – Child Care Centres (DCP 25)

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29)

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37)

• Development Control Plan 45 – Landscape (DCP 45)

• Development Control Plan 48 – Waste Management (DCP 48)

• Section 94 Contributions Plan.



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Assessment Assessment of the application has been made in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

• Local Environmental Plan 148 – Campsie Precinct The site is zoned Residential 2(c) under LEP 148 – Campsie Precinct and the proposed hostel, child care centre, educational establishment, recreation hall and ancillary administration space are permissible uses on the site with the consent of Council. As noted in the background section of this report, consent has previously been given on the subject site/s for a childcare centre, educational centre and before and after school care. Consent is now being sought for the construction and use of this development which incorporates a seniors hostel building, childcare centre, recreation hall, educational centre and ancillary administration space for the hostel and childcare centre. The objective of this zone is to achieve residential development allowed in the Residential ‘A’ zone and multiple unit housing and development that will not detrimentally affect the residential character or amenity of the area. The proposed development as designed will not affect the residential character and amenity of the area and satisfies the objectives of the Residential 2(c) zone. The buildings meet the objectives of this zone as they reflect the residential character of the surrounding locality and are compatible in terms of scale to neighbouring developments.

Under Clause 14(1) of Local Environmental Plan 148, the maximum floor space for non-residential development in a Residential 2(C) zone is 0.75:1. The proposed child centre and administration level above have a combined floor area of 841m2. Based on a site allocation of 1481m2, a floor space ratio of 0.57:1 is achieved which meets the requirements of this clause.

• Draft Canterbury Local Environmental Plan 2012 On 29 March 2012, the Draft LEP 2012 went on public exhibition and became an instrument to consider under Section 79C(1)(a)(ii) of the EPAA. The broad controls applicable to this application are: Standard Requirement Proposal Complies Zoning R4 – Residential The proposed development is permissible within

the R4 zone, as defined in the Draft Canterbury LEP 2012.

Yes

FSR 0.9:1 0.85:1 Yes

Building Height

Maximum 11.5 9.894m Yes

However, the draft LEP has not yet been gazetted and no determinative weighting can be afforded to its provisions in respect to this application.



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• State Environmental Planning Policy (Housing for seniors or people with a Disability) 2004 The SEPP (Housing for seniors or people with a disability) 2004 outlines standards for Hostels. Those relevant to the proposed development are outlined and addressed below: Hostels Clause 12 of the SEPP defines a ‘Hostel’ as: Residential accommodation for seniors or people with a disability where;

(a) meals, laundering, cleaning and other facilities are provided on a share basis,

and

(b) at least one staff member is available on site 24 hours a day to provide

management services.

The proposed building is therefore defined as a hostel as it will meet the above requirements. Clause 15 of the SEPP allows, despite the provisions of any other environmental planning instrument, development for any form of seniors housing on land zoned primarily for urban purposes. The subject land is zoned residential and hence meets this requirement.

Location and Access to Facilities Clause 26 of the SEPP states that residents of the proposed development will have access to the following facilities and services: (a) shops, bank service providers and other retail and commercial services that

residents may reasonably require, and

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

Such services must be: (a) Located not more than 400 metres from the site of the proposed development

by means of a suitable access pathway, or

(b) Accessible via a public transport service located not more than 400metres from

the site of the proposed development and that it will not take residents more

than 400 metres from the facilities and services.

(c) Available both to and from the proposed development at least once between

8am and 12pm per day and at least once between 12pm and 6pm each day

from Monday to Friday.

The applicant has provided sufficient documentation demonstrating compliance with the above requirements. A bus service is located within 400 metres of the development site and provides regular services to Campsie Town Centre, Roselands Shopping Centre and Campsie Railway Station.



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Site Analysis Clause 30 states that a Site Analysis must be prepared by the applicant in accordance with this Clause. A Site Analysis has been submitted with the Development Application which demonstrates compliance with this clause. Neighbourhood amenity and streetscape Clause 33 of the SEPP states that the proposed development should: (a) recognise the desirable elements of the location's current character (or, in the

case of precincts undergoing a transition, where described in local planning

controls, the desired future character) so that new buildings contribute to the

quality and identity of the area;

The proposal is in keeping with the existing character of the locality. There is a mix of single detached dwellings to residential flat buildings within close proximity of the site. The front setback of the hostel along Fifth Avenue is consistent with the numerical standards stipulated under DCP 13. The facade of the hostel is well articulated with the balconies integrated into the overall design of the facade. A variety of building materials provides architectural interest contributing to the quality of the development.

(b) retain, complement and sensitively harmonise with any heritage conservation

areas in the vicinity and any relevant heritage items that are identified in a

local environmental plan;

The proposal is not situated in a heritage conservation area. The street trees along Fifth Avenue are of local heritage significance, however it is not proposed to damage these trees as a result of the redevelopment of this site.

(c) maintain reasonable neighbourhood amenity and appropriate residential

character by:

(i) providing building setbacks to reduce bulk and overshadowing, and

(ii) single building form and siting that relates to the site's land form, and

(iii) adopting building heights at the street frontage that are compatible in

scale with adjacent development, and

(iv) considering, where buildings are located on the boundary, the impact of

the boundary walls on neighbours; and

(v) be designed so that the front building of the development is setback in

sympathy with, but not necessarily the same as, the existing building

line, and

(vi) embody planting that is in sympathy with, but not necessarily the same

as, other planting in the streetscape, and

(vii) retain, wherever reasonable, major existing trees, and

(viii) be designed so that no building is constructed in a riparian zone. The proposal is designed so as to minimise the impact on adjoining properties. Sufficient front and side building setbacks and heights are proposed which are consistent with the likely future character of the area. The proposal provides adequate building separation from the northern and southern adjoining property boundaries



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which minimises the visual bulk of the development. The proposed development will not have an impact on the existing building line. The use of native planting as proposed in the landscape plans is sympathetic with those present in the surrounding areas. The applicant has attempted to retain major existing trees and where such trees are proposed to be removed, replacement trees will be provided in accordance with the landscape plans. Council's Landscape Architect has raised no objection to this arrangement on the provision that improvements will be made to landscaping at the site. The proposal is not situated in a riparian zone. In this regard, the proposed hostel is unlikely to unreasonably affect the amenity of adjoining development. Visual and acoustic privacy Clause 34 states that the proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by: (a) appropriate site planning, the location and design of windows and balconies,

the use of screening devices and landscaping,

The location of the proposal on the site will not impact on the privacy of adjoining properties. The south facing balconies have been provided with adequate visual privacy screens in the form of 1.8 metre high opaque glass screens. (b) ensuring acceptable noise levels in bedrooms of new dwellings by locating

them away from driveways, parking areas and paths.

The hostel rooms are setback a reasonable distance from the adjoining properties to mitigate potential noise impacts. Solar access and design for climate Clause 35 states that the proposed development should: (a) ensure adequate daylight to the main living areas of neighbours in the vicinity

and residents and adequate sunlight to substantial areas of private open space

The submitted shadow diagrams show the shadows cast from the hostel on the adjoining properties will be negligible. Further, the majority of the hostel rooms, living areas and communal open space will receive the required 3 hours solar access between 9am and 3pm on June 21.

(b) involve site planning, dwelling design and landscaping that reduces energy use

and makes the best practicable use of natural ventilation, solar heating and

lighting by locating the windows of living and dining areas in a northerly

direction.

The building’s design has attempted to maximise the amount of rooms to the north as well as providing adequate natural ventilation. This will assist in maximising natural lighting and ventilation, which in turn should minimise energy use.



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Stormwater Clause 36 states that the proposed development should: (a) control and minimise the disturbance and impacts of stormwater runoff on

adjoining properties and receiving waters by, for example, finishing driveway

surfaces with semi-pervious material, minimising the width of paths and

minimising paved areas,

The proposal has been reviewed by our Development Engineer who is satisfied that the proposal satisfies the relevant standards. (b) include, where practical, on-site stormwater detention or re-use for second

quality water uses. On-site detention is proposed to reduce the impacts of stormwater runoff onto neighbouring properties. A rainwater retention tank is proposed to enable water to be re-used on site for landscape irrigation. Crime prevention Clause 37 states that the proposed development should provide personal property security for residents and visitors and encourage crime prevention by: (a) site planning that allows observation of the approaches to a dwelling entry

from inside each dwelling and general observation of public areas, driveways

and streets from a dwelling that adjoins any such area, driveway or street, The development provides a main entry to the hostel which is to be accessed via a security intercom. The hostel rooms have been oriented towards the street where possible and along the southern elevation which allows natural surveillance over these areas. A pedestrian path has been provided from the Fifth Avenue frontage to the main entry of the building along the southern side of the site which will further promote natural observations at the site.

(b) where shared entries are required, providing shared entries that serve a small

number of dwellings and that are able to be locked,

All shared entrances are capable of being secured by lock and can only be accessed via a security intercom. (c) providing dwellings designed to allow residents to see who approaches their

dwellings without the need to open the front door.

The applicant has also confirmed that the individual hostel rooms will be fitted with security ‘peep holes’ to enable residents to view visitors to the dwelling. Accessibility Clause 38 states that the proposed development should: (a) have obvious and safe pedestrian links from the site that provide access to

public transport services or local facilities.



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A clear pedestrian path from Fifth Avenue to the main entry has been provided. This is continued between the site and the public bus service located along Seventh Avenue by safe and obvious pedestrian links from the site. (b) provide attractive, yet safe, environments for pedestrians and motorists with

convenient access and parking for residents and visitors.

The site layout and design provides an attractive and safe environment for pedestrians and motorists. The applicant has confirmed that each zone, being pedestrian, vehicular or shared will be clearly marked on the ground surface. Waste Management Clause 39 states that the proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities. The proposal has been reviewed by our Waste Services Coordinator who is satisfied that the waste management plan to be implemented is adequate in managing waste generated from the site.

Development standards-minimum sizes and building height Clause 40 states that the proposal must comply with the standards specified in this Clause. (1) General

A consent authority must not consent to a development application made

pursuant to this Chapter unless the proposed development complies with the

standards specified in this clause.

(2) Site size

The size of the site must be at least 1,000 square metres.

The site has a combined site area of 4871sqm. The site area allocated to the hostel component of the development is 3331sqm. (3) Site frontage

The site frontage must be at least 20 metres wide measured at the building line.

The subject site has a width of 53.6 metres at the building line. Standards for hostels and self-contained dwellings Clause 41 states that the proposal must comply with the standards specified in Schedule 3 for such developments. These standards relate to the configuration and internal and external design of the hostel including access, car accommodation, bedroom and bathroom sizes/layouts and surface finishes. A condition of consent will be imposed to ensure that the hostel is constructed to comply with these standards and the applicable Australian Standards specified under Schedule 3 of the SEPP.



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Standards that cannot be used to refuse development consent for hostels Clause 49 provides standards that, if met, a consent authority must not used to refuse consent to a development application:

(a) building height: if all proposed buildings are 8 metres or less in height, or

The proposed height of the hostel exceeds the 8 metres height limit. The height varies between 8.93m to a maximum of 9.894m at a point on the northern elevation. The 8 metre height limit permitted under SEPP 2004 is likely to be intended to protect the character of lower density areas such as two-storey residential neighbourhoods. It is noted that this is one of the standards which a consent authority must not refuse consent to if compliance can be achieved. Hence, this matter has been addressed under the height controls of DCP 13 – Multiple Unit Development Code, however, it is noted that the height limit is 9m and the proposal is satisfactory in this regard.

(b) density and scale: if the density and scale of the buildings when expressed as a

floor space ratio is 1:1 or less,

The floor space ratio of the hostel building is 0.98:1 which complies with this standard.

(c) landscaped area: if a minimum of 25 square metres of landscaped area per

hostel bed is provided,

Based on 25sqm per hostel bed, the hostel requires a total of 1575sqm of landscaped area (25sqm x 63 beds). The proposal complies with this requirement as it has 1575sqm of landscaped area.

(d) parking: if at least the following is provided:

(i) 1 parking space for each 5 dwellings in the hostel, and

Based on 63 dwellings at a rate of 1 space per dwelling, the proposal requires 13 car spaces for the hostel residents. This has been provided at the basement car park level.

(ii) 1 parking space for each 2 persons to be employed in connection with

the development and on duty at any one time,

The applicant has advised that a total of 4 core staff will be employed at the premises which would generate a total of 2 car spaces for hostel staff. This has been provided at the basement car park level.

(iii) 1 parking space suitable for an ambulance

One ambulance bay has been provided at grade between the two hostel entrances.



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• Development Control Plan 9 – Non-Residential Development adjoining Residential Zones (DCP 9) The provisions of DCP 9 are applicable to this development application as the site adjoins residentially zoned properties. DCP 9 requires that non-residential development adjoining residential zones must comply with the building height plane. The building height plane when measured along the eastern and northern elevation for the child care centre component of the development complies with this requirement. The proposal is consistent with the objectives of DCP 9 and will not impact on the existing building height plane when applied at the site boundaries of the nearest residential zoned properties. The proposal therefore meets the objectives of the DCP which is to minimise the impact of non- residential building on adjoining residential properties and maintaining the general amenity of adjoining properties.

• Development Control Plan 13 – Multiple Unit Development Code (DCP13) The majority of the requirements under DCP 13 are not applicable for the proposed hostel building with the exception of the Clause 6 relating to setbacks and Clause 7 relating to the building height. Clause 6.1.2 requires a minimum setback of 7.5 metres for up to and including two storeys and 8.5 metres for over two storeys.

The proposal provides a front boundary setback of between 9.25m and 9.7m which complies with the minimum requirements of this clause of the DCP.

In regard to the side boundary setbacks, Clause 6.2.2 requires a minimum side setback of 4.72m based on a building height of 9.894m. Consideration may be given to an encroachment of 25% of the required side setback to enable design flexibility. As demonstrated below, the proposal is consistent with the requirements of Clause 6.2.2 of DCP 13.

The northern boundary has a setback between 4.04m and 6.04m while the southern boundary setbacks range from 5.77m and 12.03m. Taking into consideration that an encroachment may be permitted, the proposed setbacks along the northern elevation are acceptable and are considered reasonable.

The average required setback has been maintained along the northern side of the building and is evenly distributed along the boundary. The encroachment does not have any adverse impacts on the adjoining properties in terms of overshadowing given the encroachment is located to the northern side of the site. The northern side of the building provides adequate breaks and generous setbacks at key parts of the building (i.e. at the communal/lounge areas of the hostel) which assists in reducing the bulk and scale of the building and reducing potential noise emissions from the development.

In regard to the height of the hostel, this varies between 8.93m to a maximum of 9.894m at a discreet point on the northern elevation. Although this strictly does not comply with the numerical height standard, in this instance it is worthy of support for the reasons outlined below:



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The site is located in a Residential 2(c) zone which permits multiple unit development. DCP 13 permits a maximum height of 9m which this proposal predominantly complies with. This non-compliance has been brought about due to the slope of the natural ground level towards the north of the site as well as the need to provide a reasonable level grade to the building. The applicant has avoided providing a step of the building to minimise potential accidents and allow for ease of access for the elderly residents. As previously stated, the majority of the building complies with the 9 metre height limit, hence there is minimal impact in terms of overshadowing and overlooking which would have a detrimental impact on the amenity of the adjoining properties, in particular on those properties south of the site. In order to achieve compliance with the 9m height limit for a three storey building, the ground floor level would need to be lowered below natural ground which is not considered to be a good design outcome. Also, the internal floor to ceiling heights of 2.7m for habitable rooms cannot be achieved. Based on the above, the proposed minor variation is considered reasonable and will result in a better design outcome without comprising the amenity of the adjoining properties.

• Development Control Plan 20 – Car Parking Code (DCP 20) The development will accommodate a hostel building, first floor office/administration

space above the child care centre, educational establishment and recreation hall on the site.

The proposal compares to DCP 20 in the following manner: Standard Required Proposed Complies Car Parking Office Premises

296sqm of office space

1 space per 40sqm

9 spaces 10 spaces Yes

1 bicycle space per 200sqm of GFA

2 bicycle spaces 2 bicycle spaces Yes

1 courier space 1 courier space 1 courier space Yes

Educational Establishment (Based on parking assessment)

See below

10 spaces

Yes – see below

Child Care Centre 1 space/2 staff

6 spaces

6 car spaces

Yes



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Standard Required Proposed Complies 1 bicycle space per 4 staff

3 bicycle spaces 3 bicycle spaces Yes

Seniors Hostel 1 space/5 dwellings

13 spaces

13 spaces

Yes

1 space/2 staff

2 spaces 2 spaces Yes

1 ambulance bay

1 ambulance bay 1 ambulance bay Yes

Manoeuvring To be suitably sign posted, drained and linemarked

Works to be carried out as a condition of consent.

Yes

On-street sign posting

Suitably sign posted parking facility to be provided on the street.

Conditions to be included in the consent regarding the suitably signposted facility

Yes

As demonstrated in the above table, the proposed development complies with the off-street car parking requirements of DCP 20. In this regard, the proposed office space and child care centre will provide ten and six off-street car parking spaces respectively behind the building line of the development. Car parking will be provided at the basement level of the senior’s hostel building. A traffic and parking report prepared by TTW Consulting Engineers was submitted with the Development Application. The Traffic report concluded that the “car park design and access arrangements are acceptable and supportable. The development should have no unacceptable traffic implications”. It is noted that the proposed child care centre will result in a reduction of the number of children from the previously approved number of 71 to 66 children. An additional five short stay/drop off parking spaces are proposed behind the building line for use by the child care centre which will improve the current parking situation on site as well as providing greater off street parking for staff members. In regard to the hostel component of the development, the required car parking rates have been addressed under SEPP (Housing for Seniors and People with a Disability) 2004. The proposal will provide a total of 15 car spaces for hostel staff and residents which satisfies the provisions outlined under Clause 49 of SEPP 2004. The educational establishment proposed to operate within the office space on the first floor level is of a similar area to that approved under DA-585/2002. The operating hours are proposed to remain unchanged as are the number of students and staff. The floor area allocated for the educational establishment has been included in the floor area calculation of the office/administration space for car parking purposes. This arrangement is considered adequate given there will be no intensification of the currently approved use on the site.



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Having regard to these circumstances, the proposed development will not have an adverse impact on the movement of traffic in the local road system and from a traffic management perspective, the proposal is acceptable.

• Development Control Plan 25 – Child Care Centres (DCP 25) It is proposed to construct a new child care centre to replace the existing child care centre. Although, there is an existing consent for 71 child care places on the site, it is proposed to provide child care services for 66 children. The child care facilities will be accommodated in two buildings, with the nursery at the ground level of the two storey building fronting Sixth Avenue and the pre-school and transition room located in a separate single storey building directly behind the building fronting Sixth Avenue. The facility will cater for 26 children aged 0 to 2 years, 20 children aged 2 to 4 years and 20 children aged 4 to 5 years. The buildings will contain playrooms, staff rooms, a director’s office, kitchen facilities, sleeping areas, a nappy room, toilet rooms, storage/locker rooms and a waiting area. The development will also provide external play areas and the installation of associated shade structures.

The centre will be staffed by six employees and operate between the hours of 6.30a.m and 6.30p.m Monday to Friday as per the existing hours of operation of the child care centre. The before and after school care service currently approved to operate on the site is limited to a maximum of 25 children between the ages of 6 years and 12 years. The hours of operation are confined to between 7am – 9am and 3pm – 7pm Mondays to Fridays. The applicant seeks to retain the proposed arrangement with the new recreation hall accommodating this service.

The proposal compares to DCP 25 in the following manner: Standard Required Proposed Complies Frontage

Minimum 20m 35.55m Yes

To be located near community focal points

Located within the support centre to be constructed on site and in the vicinity of local schools.

Yes

To be at least 400m walking distance from another childcare centre

The childcare centre is not located within 400m of another child care centre. The new centre will replace the existing child care centre.

Yes

Location

Not within 30m of a major road

Centre is not within 30m of a main road

Yes

Cul-des-sac is an unacceptable location

Sixth Avenue is a cul-de-sac

No – see comment below

Design Max 1 storey 2 storey No – see comment below



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Standard Required Proposed Complies Building ‘residential’ in appearance

Building will be residential in appearance

Yes

Maximum 40 Children 66 Children No – see comment below

Maximum FSR for non-residential development in residential zones – 0.75:1

0.57:1 Yes

Signage to comply with DCP 24

No signage is proposed as part of this development application

N/A

Traffic and Parking

Requirements, location and design of car parking in accordance with DCP 20 – Car Parking

6 staff car spaces provided, based on 1 space/2 staff

Yes

Parking, manoeuvring to be suitably signposted

This will imposed as a condition of consent

Yes

Suitably signposted parking facility to be provided on the street

A signposted area is to be provided on street for pick up/drop in addition to the 5 off-street pick up/drop off spaces to be provided

Yes

Optimally 10m² per child, minimum 7m² per child

527/66 =7.98m² per child

Yes

Direct access to toilets Direct access to toilets available

Yes

Landscape and play areas

Outdoor play areas easily supervised

Outdoor play areas easily supervised

Yes

Separation between babies and older children

Separation available between babies and older children

Yes

Visual and acoustic privacy

Locate sleep rooms/play areas away from undesirable noise sources

Cot rooms located away from play areas

Yes

Minimise noise impacts on neighbouring properties

The submitted acoustic report is satisfactory in providing adequate measure to ensure noise impacts are minimised.

Yes

Accessibility Building must provide for access for people with a disability by a continuous path of travel from the street/parking areas into and within every room and outdoor area used by staff and children

A continuous accessible path of travel has been provided throughout the Child care centre

Yes

Access should be designed in accordance with AS 1428.1

Access has been designed in accordance with AS 1428.1

Yes



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Standard Required Proposed Complies Hours of operation

7.00a.m-7.00p.m Mon-Fri 6.30a.m to 6.30p.m Mon-Fri

No – see comment below

As demonstrated by the above table, the proposal generally complies with the provisions of DCP 25 with the exception of the child care centre being located in a cul-de-sac, the building being two storeys, the number of children exceeding the maximum of 40 children and the hours of operation. The applicant has noted that the above non-compliances with the exception of the two storey nature of the building have been previously approved by Council and hence the proposal seeks to reconstruct the existing facilities to provide a better level of care and service to the community. It is noted that the number of child care places has been reduced from the approved 71 places to 66 places. Further, the current operating hours are proposed to be retained. The child care centre will be located at the ground level of the two storey building with the administrative/office space which supports the site’s operations, located at the first floor level. Although this does not comply with the numerical standard, it meets the objectives of this control which in part, is to ensure that the child care centre is compatible with the scale and character of the surrounding area. The immediate locality has a mix of medium density development, residential flat buildings and detached dwellings. The design and external finishes of the two storey building fronting Sixth Avenue is compatible with the surrounding development and does not detract from the visual amenity of the surrounding area. The proposal is likely to result in a higher standard of amenity for children, parents, staff and surrounding residents given it will provide better facilities for direct users of the child care centre and improved measures in terms of parking and acoustics in regard to the daily operations of the centre. Further, the proposal was referred to our Community Services section for review. No issues were raised subject to the imposition of the relevant conditions relating to the management of the staged construction phases of the development. No concerns were raised with the office/administrative level being directly above the child care centre provided that each use being completely separated via different access points to maintain the safety and security of the children. The variation sought to accommodate the child care centre at the ground level of the two storey building is not considered to be out of character with the residential nature of Sixth Avenue and will complement the streetscape.



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• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29) The proposal compares to DCP 29 in the following manner:

Standards Requirements Proposal Complies Natural Surveillance

Avoid blind corners, provide natural surveillance for public/communal areas, clearly visible entries/exits, service areas and car parking should be well lit

Proposal does not involve blind corners, car parking or communal areas, front of the buildings are clearly visible from the street, as are the proposed entry/exit points.

Yes

Access Control

Prevent unintended access Security intercom provided at front entry of hostel. Also adequate lighting is to be provided to entry points.

Yes

Ownership Create a ‘cared for’ image. Use materials that reduce the opportunities for vandalism. Express a sense of ownership and reduce illegitimate use/entry

Front landscaping will create a ‘cared for’ image and a tangible sense of ownership

Yes

Natural Surveillance

Front setback design to maximise natural surveillance to common areas

Natural surveillance exists with proposed design of front setback and common area.

Yes

Access Control

Buildings/dwellings clearly identified by street number. Security for dwelling

Buildings/hostel rooms are secured, numbers to be provided on street frontage

Yes

Ownership Dwellings and communal areas design to provide sense of ownership

Front and rear of dwelling to be landscaped

Yes

The proposal therefore complies with the provisions of DCP 29.

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37) The proposal compares to DCP 37 in the following manner:

Solar Access Requirements Proposed Complies To at least 50% of 35m² (which includes a minimum dimension of 2.5m) of the adjoining property’s principal area of ground level open space for a minimum period of 2 hours between 9am and 3pm on June 21.

The development allows more than two hours of sunlight to 50% of the principal private open space of the adjoining properties.

Yes

One living room window (of the adjoining property) is to receive 2 hours sunlight between 9am and 3pm on June 21

Living room of adjoining properties will continue to receive in excess of two hours of sunlight at the Winter Solstice.

Yes

Outdoor clothes drying area of the adjoining property is to receive 2 hours sunlight between 9am and 3pm on 21 June

The outdoor clothes drying area of the adjoining properties will receive 2 hours of sunlight on June 21

Yes

The proposal therefore complies with the relevant provisions of DCP 37.



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• Development Control Plan 45 – Landscape (DCP 45) The DA has been accompanied by a detailed landscape plan which has been assessed by our Landscape Architect and found to be in accordance with the requirements of DCP 45. No objections are raised to the proposal subject to appropriate conditions.

• Development Control Plan 48 – Waste Management (DCP 48) The DA has been assessed against the relevant provisions of our Development Control Plan 48 – Waste Management. Plans submitted with the application make provision for a garbage enclosure areas located in close proximity to Fifth and Sixth Avenues which complies with the requirements of the DCP.

•••• Section 94 Contributions Plan The provisions of our Section 94 Contributions Plan apply to the proposed development in that it will provide residential dwellings on the subject site. The proposed development attracts a contribution of $395,195.10 for open space, recreation facilities, community facilities, environmental amenity improvements, traffic control and management, car parking and monitoring, research and administration. In regard to the above contribution for the subject site, the applicant has requested that the timing of the payment of the Section 94 Contribution be changed from prior to the issue of the first construction certificate to prior to the issue of the first occupation certificate at Stage 1 of the development. Consideration has been given to this request, however the contribution is to be paid prior to the issue of the construction certificate in accordance with our Section 94 Contributions Plan.

Notification The development application was initially notified in accordance with the requirements of our Development Control Plan 32 – Notification Policy during which time, we received a petition signed by ten local residents and five individual submissions in the immediate locality. Amendments to the initial design have since been undertaken. The objection letters raised the following issues of concern which are discussed below:

• Commercial and visual nature of the development Concerns have been raised that the proposed development is a commercial nature and will have a negative visual impact on the streetscape. Comment The majority of the uses (with the exception of the hostel building) proposed as part of the application have been previously approved by Council. The proposal seeks to reconstruct these facilities in new buildings. The proposal is a permissible form of development under Campsie Local Environmental Plan 148 – Campsie Precinct. It is noted that the original proposal was of a significantly larger scale being three storey in height along the Sixth Avenue frontage. The applicant has since modified the design to complement the existing streetscape. The design is considered to be appropriate in the context of the surrounding development. The design is sympathetic to the residential character of the area and is unlikely to have a negative impact on surrounding development.



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• Noise and Amenity Issues Concerns have been raised regarding the noise and amenity impacts to arise from the

proposed development. Comment

While the proposal is of a higher density than existing development, the development of the hostel building is of residential scale and noise levels generated will be consistent with that of a domestic nature. In regard to the child care centre and recreation hall, the applicant has submitted an acoustic report relating to such matters as mechanical plant and equipment operating on the site, driveway noise from the child care and before and after school care uses, noise from the outdoor play areas and community hall and traffic noise intrusion from the Fifth Avenue hostel apartments. The report has been reviewed by our Compliance section. The recommendations outlined in the acoustic report will be imposed as conditions of consent to mitigate potential noise and amenity impacts on surrounding residences.

• Damage to Adjoining Properties as a Result of Excavation Concerns have been raised that the excavation proposed as part of the development is likely to result in damage to the adjoining residential properties. Comment The proposal does involve the excavation of the site to accommodate the proposed basement car parking area. This is not an unusual circumstance and in such instances, we typically impose conditions to ensure that damage to adjoining properties is minimised by requiring applicants to provide dilapidation and geotechnical reports prior to the issue of a Construction Certificate. Such conditions would need to be imposed on any development consent issued for this proposal.

• Parking and Traffic Considerations Concerns have been raised that the proposed development will further increase traffic and parking problems currently experienced at the site. Comment The proposed development has been assessed under SEPP 2004 and DCP 20 – Car Parking Code and complies with the minimum car parking rates as stated under both the SEPP and DCP 20. The proposal does not seek to increase the intensity of the existing child care centre. The existing car parking arrangements will be improved as a result of the proposed development with additional car parking spaces to be provided on site for staff and five additional off-street short stay/pick up spaces for parents. With respect to traffic generation, a traffic and parking report was submitted with the application. This has been reviewed by our Traffic Section who have raised no objection to the development. The level of traffic from the development is not excessive and is not likely to have an impact on the movement of traffic in the local road system. Appropriate conditions of consent will be imposed regarding the on-street drop off/pick up areas for the child care centre along the Sixth Avenue frontage.



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• Loss of Privacy Concerns have been raised that the proposed development will have a detrimental impact on the privacy of the adjoining residential properties. Comment It is noted that a redesign of the proposal has addressed the issues of privacy and overlooking into the adjoining southern and northern properties. The south facing balconies of the hostel building will be provided with 1.8m high solid opaque screens to mitigate direct overlooking on the adjoining properties fronting Seventh Avenue. In regard to the northern elevation of the development, windows have been kept to a minimum along the upper floors and offset from the adjoining properties. These measures will ensure that the proposed development will not result in an unreasonable level of privacy impact on the adjoining residential properties. Further, a condition of consent will be recommended requiring 600mm lattice fencing to be provided along the northern boundary fence along the length of the child care centre boundary. This is required to be installed with the concurrence of the effected adjoining properties.

• Removal of Existing Trees Concerns have been raised regarding the removal of the existing trees on the site to accommodate the development. Comment Our Landscape Architect has assessed the proposal and the submitted Landscape Design and has raised no objection subject to the landscaping works being undertaken in accordance with the landscape plan submitted to Council. The removal of the existing trees will be replaced with alternative plantings in accordance with the Landscape Plan. This will be imposed as a condition of consent.

Conclusion The development complies with the requirements of SEPP 2004 regarding the hostel component of the development. While the development does not comply with two of our policy controls regarding the height and of the hostel and the two storey nature which accommodates the child care centre, the proposal is consistent with the relevant objectives of each respective development control plan and is therefore worthy of support. The proposed development to be undertaken over five stages and will improve the current operating practices of the previously approved uses on the site. The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. The development application is therefore recommended for approval subject to conditions.



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RECOMMENDATION:

THAT Development Application 605/2011 be APPROVED subject to the following conditions for each stage of the development: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Protection from termites

• Structural Engineering Plan

• Building Specifications

• Fire Safety Schedule

• Landscape Plan

• Hydraulic Plan

• Sydney Water Notice of Requirements

• Firewall Separation

• Soil and Waste Management Plan

• NatHERS Certification

• Mechanical ventilation

• Premises Standard

• Compliance with Conditions 6.1 and 6.2 of this consent

• Plan of management of management practices and operational procedures to ensure compliance with the acoustic recommendations.

1.2. Compliance with Condition No. 1.1 of this consent for each stage of the development from Stages 1 through to 5.

1.3. Evidence of a Home Building (Private) Insurance Certificate. 1.4. Payment of the Long Service Leave Levy to the Long Service Leave Corporation

or to Council at each respective stage of the development. Stage 1

1.5. Payment to Council of: Kerb and Gutter Damage Deposit $27,675.00 Section 94 Contributions $395,195.10 Certificate Registration Fee $36.00 Long Service Levy $38,987.20

1.6. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $22,341.00 Inspection Fee $6,648.00 Occupation Certificate Fee $2,355.00 Stage 2

1.7. Payment to Council of: Certificate Registration Fee $36.00 Long Service Levy $1,420.65

1.8. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $1,946.40



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Inspection Fee $783.00 Occupation Certificate Fee $190.00 Stage 3


1.10. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $3,952.80 Inspection Fee $1618.00 Occupation Certificate Fee $455.00 Stage 4


1.12. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $3,325.80 Inspection Fee $1618.00 Occupation Certificate Fee $455.00 Stage 5


1.14. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $4,923.70 Inspection Fee $1618.00 Occupation Certificate Fee $455.00

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

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council,

or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and



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

2.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who has

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

work. INSURANCE

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

SITE SIGNAGE

4. A sign shall be erected at all times on your building site in a prominent position stating the following: 4.1. The name, address and telephone number(s) of the principal certifying authority for

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

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

DEMOLITION

5. Demolition must be carried out in accordance with the following: (a) Demolition of the building is to be carried out in accordance with applicable

provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

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

(c) Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.

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

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

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

to adjoining properties.



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

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

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

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

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

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

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

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

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

GENERAL

The development of each Stage is to be carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice. The works identified as Stage 1 through to Stage 5 in the Staging Plan must be carried out in accordance with the plans and details tabled below. Upon completion of each Stage of the development, an Interim Occupation Certificate must issued prior to the commencement of the next respective Stage of the development. Drawing No. Dated Prepared by Received by

Council

DA003 Issue D 4 April 2012 Calder Flower Architects 10 May 2012



DA006 Issue C 18 Nov 2011 Calder Flower Architects 14 Dec 2011

DA007 Issue C Staging Plan

18 Nov 2011 Calder Flower Architects 14 Dec 2011




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Staging Plan













101101-C01-P5 3 May 2012 TaylorThomsonWhitting 10 May 2012








6.1. A dilapidation report/photographic survey prepared by an appropriately qualified engineer is to be undertaken of the adjoining properties being 77 Fifth Avenue, Campsie, 25, 31, 33, 35, 37 and 39 Seventh Avenue, Campsie and 52 Sixth Avenue, Campsie detailing the physical condition of each property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to occupation of the building, a certificate by an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining premises is to be provided to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible and prior to occupation of the development. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this consent. This is to be undertaken prior to the issue of the Construction Certificate for Stage 1.

6.2. A geotechnical engineering report assessing the impact and safety of the proposed works is to be prepared by a suitably qualified and experienced geo practitioner and provided to the Principal Certifying Authority prior to the issue of a Construction Certificate. The report must include the results of subsurface investigations, involving either test pits to rock, or preferably the drilling of cored boreholes (to one metre below the proposed final excavation level). The report shall describe:

• An indication and nature and depth of any uncontrolled fill at the site.

• An indication of the nature and condition of the material to be excavated.

• Indications of groundwater or seepages.

• Required temporary measures for support of excavations deeper than one metre adjacent to property boundaries.



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• Statement of required excavation methods in rock and measures required to restrict ground vibrations.

• Other geo-technical information or issues considered relevant to design and construction monitoring.

All findings and recommendations of the Report are to be followed and adhered to throughout the construction process. This is to be undertaken prior to the issue of the Construction Certificate for Stage 1.

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

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

9. All building construction work must comply with the Building Code of Australia. 10. Council’s warning sign for Soil and Water Management must be displayed on the most

prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

11. This condition has been levied on the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury City Council’s Section 94 Contributions Plan 2005, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The monetary contribution of $395,195.10 shall be paid to Canterbury City Council before a Construction Certificate can be issued in relation to the development, the subject of this Consent Notice. The amount payable is based on the following components:

Contribution Element Contribution Account No.

• Open Space Acquisition $190,429.27 711

• Recreation Facilities $31,958.75 712

• Community Services $101,331.98 713

• Environmental Amenity Improvements $39,465.72 714

• Traffic Control and Management $6,722.49 715

• Monitoring, research and administration $25,286.89 717

Note: The rates applying to each contribution element are subject to indexing using the Consumer Price Index The Contributions payable will be adjusted, at the time of payment, to reflect CPI increases which have taken place since the DA was determined. Council’s Section 94 Contributions Plan 2005 may be inspected at Council’s Administration Centre, 137 Beamish Street, Campsie or from Council’s website www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s Administration Centre, 137 Beamish Street, Campsie during office hours.

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

13. The bathroom and ensuite window(s) being translucent glass. 14. The recreation hall must not be used for any other purpose other than providing

recreational space for residents of the hostel and for the use of the before/after school care service. The hall must not be sublet to any other third party.

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



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

17. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

18. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

19. All disturbed areas must be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

20. Erection of a hoarding/fence (for the class 2 - 9 building) or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.

21. Where excavation is proposed adjacent to existing dwellings or a vacant property, the works shall be carried out in accordance with Part 3.1.1-Earthworks BCA2004 and, the person/company responsible for doing the excavation shall give 7 days notice of intention to carry out the excavation works to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work. (An allotment of land also includes a public road and any other public place.)

22. Where erection or demolition of a building involves the closure of a public place, or where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the premises is to be provided with a hoarding and or sufficient awning to be erected to prevent any substance from, or in connection with the work falling onto the public place.

23. The site is also to be kept illuminated between sunset and sunrise where it is likely to be dangerous for people using the public place.

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

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

26. Toilet facilities shall be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA2004.

27. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

28. Provide a Surveyor’s Certificate where applicable to the Principal Certifying Authority prior to the pouring of concrete at basement, ground, first and second floor slabs and roof ridge levels indicating the finished floor level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

29. The configuration and internal and external design of the hostel including access, car accommodation, bedroom and bathroom sizes/layouts and surface finishes must be constructed to comply with Clause 41 and the applicable Australian Standards specified under Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.



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CARPARKING AND TRAFFIC

30. A total of thirty-one (31) off-street car spaces must be provided at the basement level in accordance with the submitted basement plan. This shall comprise of:

• Thirteen (13) car parking spaces for the hostel residents within the development.

• Two (2) car parking spaces for hostel staff within the development.

• Six (6) car parking spaces for the child care centre component of the development.

• Ten (10) car parking spaces for the ancillary administrative office space and educational establishment.

31. The car spaces must be sealed, line marked and made freely available at all times during business hours for staff and hostel residents.

32. Signage must be erected for residents, visitors and staff to notify and allow people to use the designated spaces.

33. Five (5) Drop-off/Pick up car spaces are to be provided on-site for use by the child care centre. These care spaces must be time-restricted.

34. Eight (8) bicycle spaces must to be provided as shown on the landscape plans submitted to Council on 10 May 2012.

35. A sign being erected at the entrances to the internal driveway indicating the street addresses of the buildings within the site.

36. The buildings are to be clearly identified from the street/internal driveway by street numbering.

37. The internal driveway is to be provided with street lighting as per 1158.3.1 – 1999 Category P Lighting at the cost of the developer.

38. Any security lighting to be installed not to affect the amenity of the adjoining residences. 39. Should the installation of a gate to the internal driveway and garage door at the opening of

the basement be provided, they must be designed, constructed and maintained for quiet operation so as not to impact on the amenity of adjoining residences.

40. The frontage of the site in Sixth Avenue (approximately 24m) is to be signposted as a 10 minute parking zone for drop off and pick up of children during AM and PM peak hours. A plan is to be submitted to the Council's Traffic Committee for approval 3 months prior to the issue of a construction certificate at Stage 1 of the development. All cost associated with the proposed work shall be met by the applicant.

41. The proposed on site parking for Drop off and pick must be signposted with 10 minute parking zone and is not for staff car parking.

42. A blister island shall be installed in Sixth Avenue between the vehicle crossing to No.25-29 Sixth Avenue and the proposed vehicular crossing to 44-50 Sixth Avenue. This will prevent illegal parking in a short space between the vehicular crossings. A plan is to be submitted to the Council's Traffic Committee for approval 3 months prior to the issue of a construction certificate. All cost associated with the proposed work shall be met by the applicant.

43. A median island shall be installed in Fifth Avenue to prohibit right turns out of the site. A plan is to be submitted to the Council's Traffic Committee for approval 3 months prior to the issue of a construction certificate. All cost associated with the proposed work shall be met by the applicant.



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44. The entry and exit shall be sign posted with one way signs, no entry signs, and pavement arrow markers to ensure vehicles do not ingress or egress in the wrong direction on the proposed one way system from Sixth Avenue to Fifth Avenue.

45. Advisory arrows and signs shall be installed within the site indicating the one way direction and the No Right turn condition at Fifth Avenue. A plan is to be submitted to the Council's Traffic Committee for approval 3 months prior to the issue of a construction certificate. All cost associated with the proposed work shall be met by the applicant.

46. Delivery vehicles to the site are restricted to mini-vans and small vehicles only. No large trucks are permitted to make deliveries to the site.

LANDSCAPING

47. Landscape works must be completed according to the approved Landscape Plans prepared by Taylor Brammer (Job No: 10-033W) and Arborist Development Assessment Report prepared by Moore Trees with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council’s satisfaction.

48. The approved Landscape Plans and Arborist Report are listed as below: Drawing Title Prepared by Drawing

No. Date Revision

Landscape Concept Plan Taylor Brammer LC01 18 Mar 2012 E

Landscape Analysis Plan, Details and Maintenance Specification

Taylor Brammer LC02 18 Mar 2012 B

Landscape Concept Plan Taylor Brammer LC03 16 Nov 2012 B

Landscape Planting Plan Taylor Brammer LC04 20 Apr 2012 A

Arborist Development Assessment Report

Moore Trees N/A 01 Apr 2012 N/A

Tree Protection Plan Moore Trees N/A 30 Mar 2012 N/A

49. The three (3) existing street trees on Sixth Avenue, Lophostmon confertus (Brush Box) and two (2) existing Palms on Fifth Avenue, Phoenix canariensis (Canary Island Date Palm) fronting the development site, must be retained and protected during construction. All the tree protection works required in the approved Arborist Report must be implemented before the commencement of any site works. This includes a minimum 1.8 meters high chain mesh fencing (with standard 50mm pitch on 2400mm star pickets driven 600mm into the ground) to be erected around the perimeter of the TPZ as indicated on the approved Tree Protection Plan.

50. If pruning of existing street tree(s) is required as the site works progress, individual application for tree pruning work must be submitted to Council, and no pruning should be carried out prior to the approval is obtained.

51. The two site trees, as numbered Tree 7 and 8 in the Arborist Report, must be retained and protected during the development in accordance with the approved Aborist Report. They are Angophora costata (Sydney red Gum) and Quercus robur (English Oak).

52. The required TPZs on the approved Tree Protection Plan must be identified on the Landscape Plans prior to the issue of Construction Certificate for that stage of the development. All the demolition works within the TPZs must be carried out by hand. No machinery works is permitted within the TPZs. All the required tree protection measures, including tree protection fencing, tree trunk protection and ground protection, shall be erected before any machinery or materials are bought onto the site. The deadwood on Tree 7 and 8 shall be removed under supervision of the Project Arborist before the tree protection measures are implemented.



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53. If excavations are required within TPZs, this excavation shall be done by hand to expose any roots. Any roots under fifty (50) millimetres in diameter may be pruned cleanly with a sharp saw. If roots greater than fifty (50) millimetres in diameter are require to be removed, the Project Arborist must be contacted and consulted for recommendations prior to the pruning is carried out. Arborist’s supervision on site may be required.

54. The Project Arborist is required to undertake at least four (4) site inspections during the construction phrase. The application shall submit the four (4) certifications from the Project Arborist to Council or other Principal Certifying Authority once each inspection is completed in order to verify that retained trees have been correctly retained and protected as per the Conditions of Consent and Arborist’s recommendations. The inspections are required at such times as follows: (i) At completion of the installation of tree protection measures and before the

commencement of demolition works; (ii) At completion of the demolition works; (iii) At mid point of the construction phrase; (iv) At completion of the construction phrase.

55. Permeable surfacing finishes are required within the Structural Root Zones (SRZs), which are 3m from the centre of tree trunks for both Tree 7 and 8. The proposed finish material shall be approved by the Landscape Architect and Project Arborist prior to the issue of Construction Certificate. No surface compaction shall be undertaken within this area.

56. Three (3) new Phoenix canariensis (Canary Island Date Palm) are required to be planted in the natural strip on Fifth Avenue prior to the issue of the Occupation Certificate. The installed plant stock shall be no small than 200litre The planting of these Palms is to be carried out upon the completion of construction by contractors in accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees. This document is available for purchase from Council. The locations and planting detail of the new Palms shall be submitted to and approved by Council’s Landscape Architect prior to the installation. The heritage significance of the street planting on Fifth Avenue must be maintained.

CHILDCARE

57. The hours of operation being confined to between 6.30a.m and 6.30p.m Mondays to Fridays, inclusive, with no work being carried out on weekends and Public Holidays.

58. The management of the staged construction phases of the development must be undertaken in accordance with the measures and details provided by Calder Flower Architects to Council on 31 May 2012. This is to ensure that the safety of children and visitors to the site is maintained as well as minimising risk during the demolition and construction phases of the development.

59. The number of persons working on the premises being limited to eleven (11). 60. The first floor office area must be used in conjunction with the child care centre and hostel

as well as for use as an educational centre. 61. The hours of operation for the educational centre being confined to between 8.00 a.m. and

6.00 p.m. Monday to Friday and with occasional classes being held 6:30 p.m. to 9.00 p.m. on Tuesdays evening.

62. The proposed education centre being restricted for use as language/carer classes and only. The premises must not used outside the hours of operation for any activity.

63. Carer classes and English classes in the educational centre on the first floor being limited to no more than ten (10) students at any one time.



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64. In addition to Council’s daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building are to be kept clean and free of litter during normal working hours.

65. Finishes and materials including the treatment of external walls, pavers, porch and roofing being in accordance with the drawings titled External Finishes, prepared by Calder Flower as received by Council on 14 December 2011. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

66. The visible light reflectivity from building materials (eg. external windows, glass bricks etc.) used on the facade of the building should not exceed 20% and must be otherwise designed so as not to result in glare that causes discomfort or threatens safety of pedestrians or drivers. A Compliance Certificate being provided to the Principal Certifying Authority.

67. The visible light reflectivity from roofing materials must not result in glare that affects the amenity of nearby building occupants.

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

69. With the concurrence of the affected adjoining property to the north, 600mm of lattice being provided along the length of the child care centre boundary. This is to be undertaken at the applicant’s cost.

70. The premises being licensed by the Department of Community Services to cater for twenty-six (26) children aged under two, twenty (20) children aged two – three years and twenty (20) children aged four – five years. Any increase in the number of children will require the further consent of Council.

71. All activity being conducted so that it causes no interference to the existing and future amenity of the adjoining occupations and the neighbourhood in general.

72. No internal or external public address system being installed that would impact on the amenity of adjoining residences.

73. Any security lighting to be installed not to affect the amenity of the adjoining residences. 74. The proposed use of the premises and/or machinery equipment installed must not create

noise so as to interfere with the amenity of the neighbourhood. If a noise nuisance occurs, the person in control of the premises must arrange for an acoustic investigation to be carried out (by an accredited Acoustic Engineer), obtain Principal Certifying Authority concurrence for the recommendations of the Consultant, and implement those recommendations so as to reduce the noise levels to the ambient noise level.

75. The use and access of the child care centre and first floor offices above must retain separate access at all times to protect the safety and security of the children attending the child care centre.

76. Signs must be painted on stormwater drains indicating that they are not to take liquid or solid waste.

77. Compliance with all the recommendations contained in the Acoustic Assessment Report prepared by Wilkinson Murray Pty Ltd (Report Number 11089 Version B dated April 2012).

78. A plan of management must be prepared setting out the operation of the child care centre indicating the management practices and operational procedures necessary to ensure compliance with acoustic criteria. The plan must be submitted prior to the issue of a construction certificate for the child care centre component of the approved development.



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79. A full acoustic compliance check is to be undertaken within 90 days after the completion of works on site. The Acoustic compliance check is to be carried out by a suitably qualified acoustic consultant who has not been previously involved with the proposal.

80. Signs are to be erected on the boundary of the property indicating where the facility starts and ends to avoid unauthorised access and loitering.

81. All structures other than the building on site are to be painted with anti-graffiti paint to deter graffiti offenders targeting the building and its perimeter.

82. The finishes of all structures and buildings are to be maintained at all times, with any graffiti or vandalism immediately removed/repaired.

BEFORE/AFTER SCHOOL CARE SERVICE

83. The before and after school care service is limited to a maximum of twenty-five (25) children between the ages of 6 years and 12 years.

84. The hours of operation being confined to between 7am – 9am and 3pm – 7pm Mondays to Fridays, inclusive, with no services permitted on weekends and Public Holidays.

ENVIRONMENTAL HEALTH

85. All acoustic measures must be undertaken in accordance with the recommendations contained in the Acoustic Assessment Report supplied by Wilkinson and Murray Pty Limited (Report Number 11089 Version B dated April 2012).

86. All mechanical plant and equipment should be designed to comply with section 4 and 5 of the acoustic report. As stated in section 4, in order to avoid cumulative noise exceeding the state noise goals, the noise from the mechanical plant equipment should be 3dBA lower than the values quoted in section 4.

87. A noise barrier as shown in figure 5.2 and 5.3 must be constructed along the southern side of the site to mitigate driveway noise to the residents along the southern boundary.

88. The outdoor play must be treated as stated in section 6 of the report with an acoustically absorptive covering over at least half of the outdoor play area.

89. If a PA system is intended to be installed in the proposed community hall, appropriate glazing for noise mitigation should be installed additionally if the glazing installed can be released or opened; it is recommended that they are kept closed when the PA is in use.

90. The recreation hall should incorporate a metal roof with suspended light weight ceiling (mineral fibre tiles with Plaster board) and masonry walls in order to control noise egress.

91. The proposed aged care residential accommodation will need to be designed such that external windows facing Fifth Avenue can be kept closed. This will require the provision of air-conditioning or a mechanical ventilation system for relevant rooms. Glazing to be used for these windows should be certified acoustic performance of at least Rw+Ctr 25.

92. In the design process of the aged car facility, relevant provisions of the BCA, as noted in Section 9 of the subject report should be adhered to.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

93. All access points to the buildings stairwells must be restricted to residents and staff only through a security system. Visitors to the complex must be provided with access via the intercom.

94. The proposed pathway must to be lit to ensure the safety of pedestrians with consideration being given to adjoining residents. Lighting details are to be in accordance with AS 1158.3.1:1999.

95. It is recommended that vegetation be planted along plain walls to limit graffiti vandal’s access to the blank canvass.

96. The site is to be treated with anti-graffiti paint to deter graffiti offenders targeting the building and its perimeter. This will preserve the building and increase a sense of maintenance and ownership of the site.



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97. It is recommended that in addition to existing lighting, sensor spot lights be strategically placed in high pedestrian areas to increase natural surveillance and enhance feelings of personal safety.

98. Staff only areas are to be restricted to authorised personnel through the use of security cards. This measure will ensure the restriction of unauthorised personnel from gaining entry.

99. The storage units located in the vicinity of the car spaces are to be in the form of lockable wire cages. This measure will deter potential offenders from breaking in as they are unable to see the contents inside the storage unit.

100. The walls and ceiling of the basement car park are to be painted the colour white. This measure will assist with the reflection of light and increase lux levels without adding any additional lighting.

101. It is recommended that mirrors be strategically erected around the site to assist with blind corners and increase natural surveillance.

ENGINEERING

102. That the stormwater system be constructed in general, in accordance with the plans, specifications and details received by Council on 10th May 2012; drawing numbers 101101-C01-P5, 101101-C02-P6, 101101-C03-P6, 101101-C04-P5, 101101-C05-P5, 101101-C06-P3, 101101-C07-P2, 101101-C10-P2 prepared by TaylorThomsonWhitting and as amended by the following conditions.

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

104. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

105. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system upstream of the silt arrestor pit and in accordance with Clause 4 of Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

106. An on-site stormwater detention system OSD must be provided if the post-development impervious area is greater than or equal to 70% of the total site area.

107. Where OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s Stormwater Management Manual – Specification 9.

108. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in



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accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

109. Stormwater being disposed to Council’s inter-allotment drainage system at the North of the property, in accordance with Clause 4.8 of Council’s Stormwater Management Manual - Specification 9, “A Guide for Stormwater Drainage Design”.

110. The NSW Office of Water may require an authorization to be obtained to permit dewatering as part of the development should additional geological and hydrogeological investigations encounter significant quantities of groundwater.

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

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

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

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

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

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

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

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

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



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CONSOLIDATION

120. The existing nine allotments must be consolidated into one allotment. The plan of consolidation being lodged and registered with Land and Property Information NSW prior to the release of the Occupation Certificate for Stage 1 of the development.

SYDNEY WATER REQUIREMENTS

121. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. For help either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/DevelopingYourLand , Water Servicing Coordinators, or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.

122. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/QuickCheck , or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent has appropriately stamped the plans before the issue of any Construction Certificate.

CRITICAL INSPECTIONS

123. Class 2, 3 or 4 Buildings 123.1. at the commencement of the building work, and 123.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within the building, and 123.3. prior to covering any stormwater drainage connections, and 123.4. after the building work has been completed and prior to any occupation certificate

being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 123.5. at the commencement of the building work, and 123.6. prior to covering any stormwater drainage connections, and 123.7. after the building work has been completed and prior to any occupation certificate

being issued in relation to the building. 124. If you appoint Council as the Principal Certifying Authority the following additional stage

inspections must be carried out. 124.1.

125. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT

126. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.



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WE ALSO ADVISE 127. This application has been assessed in accordance with the Building Code of Australia. 128. You should contact Sydney Water prior to carrying out any work to ascertain if

infrastructure works need to be carried out as part of your development. 129. Where Council is appointed as the Principal Certifying Authority, you will be required to

submit Compliance Certificates in respect of the following:

• Structural engineering work

• Air handling systems

• Protection from termites

• Smoke alarms

• NatHERS completion 130. Any works to be carried out by Council at the applicant’s cost need to be applied for in

advance. 131. The Principle Certifying Authority (PCA) is to ensure that the Staging Plans prepared by

Calder Flower, Drawing No. DA007 – DA008 are complied with at each stage of the development.

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

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

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

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

136. If you are not satisfied with this determination, you may: 136.1. Apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made and determined within 12 months of the date of the receipt of this Notice of Determination. The period to apply and have a decision made and determined is reduced to 6 months for Development Applications lodged on or after 28 February 2011; or

136.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 or Section 97AA of the Environmental Planning and Assessment Act 1979. This period is reduced to 6 months for applications lodged on or after 28 February 2011.

Documents

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