New Development Committee Agenda 14/04, 5 October 2004 - Items … · 2016. 2. 2. · AGENDA NO. 14/04 The above Committee will meet on Tuesday, 5 October, 2004 in Committee Room

CITY OF RYDE

DEVELOPMENT COMMITTEE AGENDA NO. 14/04

The above Committee will meet on Tuesday, 5 October, 2004 in Committee RoomNo. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council atits meeting to be held on Tuesday 12 October, 2004.

CONTENTS

Item Property/Subject Page

1 CONFIRMATION OF COMMITTEE REPORT ..................................................... 1

2 34 DENISTONE ROAD, DENISTONE. LOT: 1 DP: 842968. LocalDevelopment Application for carport to front of dwelling, landing &stairs to rear of dwelling. LDA 555/2004. Applicant: PinnacleLandscape & Concretors Pty Ltd. INSPECTION 4.15PM & INTERVIEW 5.25PM .............................................. 2

3 4 & 4B RUTLEDGE STREET, 11 & 13 CLANALPINE STREET AND14 TRELAWNEY STREET, EASTWOOD. Lot 1 DP 196295, Lot 1 DP196296, Lots: 55 & 56 DP: 4231 and Lot 1 DP 936251. LocalDevelopment Application for Consolidation of Existing 5 Lots andRe-subdivision of Land into 2 Lots. LDA 481/2004. Applicant: ETOPty Limited. INSPECTION 4.30PM & INTERVIEW 5.30PM ........................ 12

4 4 & 4B RUTLEDGE STREET, EASTWOOD. Lot: 1 DP: 126295 & Lot:1 DP: 126296. Local Development Application for Demolition,Construction of 6 Villas and Strata Title Subdivision. LDA482/2004. Applicant: ETO Pty Limited. INSPECTION 4.30PM & INTERVIEW 5.30PM ............................................. 20

5 11 - 13 CLANALPINE STREET & 14 TRELAWNEY STREET,EASTWOOD. Lot: 55 & 56 DP: 4231, Lot: 1 DP: 936251. LocalDevelopment Application for Demolition, Construction of 4x2 &5x3-Bedroom Villas & Strata Subdivision. LDA 499/2004. Applicant:ETO Pty Ltd. INSPECTION 4.30PM & INTERVIEW 5.30PM ....................... 70

6 16 FRANCES ROAD, PUTNEY, LOT 8 DP: 21193. Local DevelopmentApplication for the demolition of a dwelling and a construction of anew storey dwelling with basement car park, gazebo, in groundswimming pool and 1.8m high front fence. LDA No. 1265/2003.Applicant: New Age Constructions. INSPECTION 4.55PM ......................... 114

CITY OF RYDE

DEVELOPMENT COMMITTEE AGENDA NO. 14/04

The above Committee will meet on Tuesday, 5 October, 2004 in Committee RoomNo. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council atits meeting to be held on Tuesday 12 October, 2004.

CONTENTS

Item Property/Subject Page

7 105A TENNYSON ROAD, TENNYSON POINT. LOT: 2 DP: 218568.Local Development Application for the construction of a new twostorey dwelling. LDA 500/2004. Applicant: Provincial Homes Pty.Ltd. INSPECTION 5.10PM & INTERVIEW 5.40PM .................................... 136

8 114-116 ROWE STREET, EASTWOOD. LOT: A DP: 103713. LocalDevelopment Application for use as a general practitioner, and anunder-awning sign. LDA 647/2004. Applicant: JKL Design.INTERVIEW 5.50PM ................................................................................... 170

9 60 PELLISIER ROAD, PUTNEY. Lot 92 in DP 590979. Localdevelopment application for a 2 level outbuilding and attachedswimming pool. LDA No. 796/2003. Applicant: M Grodzicky.INTERVIEW 5.55PM ......................................................................................... 184

10 7 WILLANDRA STREET, RYDE. LOT: 38 DP: 13597.Section 96application for amendments to approved development consent foralterations & additions to dwelling. The amendments includeenclosing of the undercroft area to provide additional floor spaceas well as a carport. LDA 103/2002. Applicant: Ibrahim Farag.INTERVIEW 6.00PM ................................................................................... 236

11 9 STANLEY STREET, PUTNEY. LOT: 3 DP: 578583. LocalDevelopment Application for: demolish dwelling & outbuildings,and construct new 2 storey dwelling & pavilion. LDA 1251/2003.Applicant: Belinda Scott & Associates Pty Ltd. INTERVIEW 6.05PM ................................................................................... 248

12 72 ANTHONY ROAD DENISTONE Lot Y in DP 411113, LocalDevelopment Application for erection of five (5) villas. LocalDevelopment Application 4/2002. Applicant: Complete Cottages. INTERVIEW 6.15PM ......................................................................................... 302

13 14 FIFTH AVENUE, DENISTONE. LOT: 87 DP: 12367. LocalDevelopment Application for an inground swimming pool. LDA37/2004. Applicant: H Ditcham. ................................................................ 348

CITY OF RYDE

Development Committee Agenda No. 14/04 Page 1

ITEM 1

CONFIRMATION OF COMMITTEE REPORT

RECOMMENDATION: That the report of the meeting of the Development CommitteeNo. 13/04 held on 21 September 2004, be confirmed.

CITY OF RYDE


ITEM 2

34 DENISTONE ROAD, DENISTONE. LOT: 1 DP: 842968. Local DevelopmentApplication for carport to front of dwelling, landing & stairs to rear of dwelling.LDA 555/2004. Applicant: Pinnacle Landscape & Concretors Pty Ltd.

INSPECTION 4.15PMINTERVIEW 5.25PM

Manager Environmental Assessment Reports - 20 September 2004

FILE NO: LDA04/555

EXECUTIVE SUMMARY

This report considers an application to erect a single carport within the front setback ofthe property, landing and stairs to the rear of dwelling. The proposed carport does notmeet the requirements of Council in terms of the carparking provisions of the DwellingsHouses and Duplex Buildings DCP No.17A.

The proposed carport is within the front setback area on the eastern side of the property.The site currently consists of an approved garage which is behind the building line onthe western side of the property. The driveway access to the garage is also a shareddriveway access to the rear allotment.

The second driveway also fails to comply with Council’s Development Criteria – Section1 - ‘Driveways’ as it will represent more than 30% of the total width of the propertyfrontage to the street. A ‘No Standing’ sign is located in the area where the newdriveway access is proposed.

It is considered that in this instance the strict enforcement of the DCP requirements willhave a positive impact on the existing streetscape and prevent an unwarrantedprecedent in this section of Denistone Road.

The application was notified to the surrounding property owners and no submissionswere received.

The application is recommended for refusal.

Reason for Referral to Development Committee: Non-compliance with DCPNo.17A and Development Criteria – Section 1 - ‘Driveways’.

CITY OF RYDE


ITEM 2 (Continued)

SITE: (Refer to attached map.)

Address : 34 Denistone Road, Eastwood

Site Area : 401.4m2

Frontage 16.115 metres Depth 25.7 metres

Topography andVegetation : The site has a slight cross fall from east to west and

towards the street. The front setback area consists of anestablished garden area.

Existing Buildings : Single storey brick and fibre cement dwelling with tiled roof.

PLANNING CONTROLS:

Zoning : Residential 2(a)Other : Dwelling Houses and Duplex Buildings Development

Control Plan – DCP No.17A

DEVELOPMENT PROPOSAL SUMMARY:

The erection of a single carport within the front setback of the existing dwelling, landingand stairs to the rear of dwelling.

BACKGROUND:

The applicant was advised in writing on 20 July 2004 of the non-compliance withCouncil’s Development Control Plan No.17A. The letter also stated that the proposedsecond driveway crossing could not be supported.

The applicant has forwarded a response stating:

1. “ We currently share a driveway with 34A and we are virtually unable to parkin the drive, just off the street, as it would block the access for 34A. We alsouse this driveway to access our single garage, but across common area.

CITY OF RYDE


ITEM 2 (Continued)

As stated in the environmental impact statement prepared for Council, underthe current Council’s Design Standards for car parking, I believe it states thatwith each residence “provisions must be made for the parking of two vehiclesper dwelling”. This would not have been an issue before subdivision. In factthe original 34 Denistone Road had ample parking for numerous cars.

As this property was only sub-divided I think about 10 years ago or so, onewould have thought such provisions would have been part of the approval forthe DA, permitting the building a new house (34A) in what was the backyard ofthe property we now occupy being 34. 34’s off street parking was in effectreduced as a result of the sub division to only accommodated one car.

In building the proposed carport we are only bringing our property in line withwhat Council now expects, I believe they would not normally approve newbuildings unless the provision of parking 2 vehicles applied. To accommodatethe second car off the road for us, a second driveway crossing is needed.

2. Coincidently, on our high side at 36 Denistone Road (next door) they alreadyhave two driveways, which are both in use daily using their two crossing. Ourproposed crossing would be close to the lower crossing of next door.

REFERRALS:

Council’s Heritage Officer has commented:

“It is unlikely that the proposed development will impact on the heritage significance ofRyde Hospital. Despite this, it is unfortunate that it is proposed to build a carport in frontof the building line. This is the only place available due to more recent subdivision butthere are no others in front of the building line in the immediate vicinity and it will impacton the streetscape and remove one carspace from the street.”

OFFICER’S ASSESSMENT:

The assessment contained in this report is a summary of the matters deemedrelevant to this development proposal and matters contained in the Department ofInfrastructure, Planning and Natural Resources' Guide to Section 79C – PotentialMatters for Consideration.

CITY OF RYDE


ITEM 2 (Continued)

1 Relevant Development Control Plan/Council Code against whichdevelopment has been assessed:

Dwelling Houses and Duplex Buildings DCP No.17A & Development Criteria – Section 1- ‘Driveways’.

The proposal does/does not comply with the above policy illustrated by the developmentstandards below:

Council’s Code Proposed Compliance

Dwelling Houses & DuplexBuildings – DCP No.17A

Setback to boundary

The wall of the building must be notless than 900mm from the boundary

Landing & stairs to rear ofdwelling will be 1.5m from theboundary

Yes

Carparking

Carports are permitted forward ofthe building line if: -

There is no access is availableto the rear of the allotment froma public place, road, lane orright-of-way.

There is no other position onallotment available for theerection of a carport withoutbuilding line being broken.

The carport must not be higherthan 2400mm above NGL

Carparking facilities are designedand located to:

Reduce the visual dominance ofcarparking areas andaccessways

The carport is proposed withinthe front setback area.

The carport will be visuallydominant in the front setback

No (1)

No (2)

CITY OF RYDE


ITEM 2 (Continued)

Council’s Code Proposed Compliance

Streetscape

Carports and garages facing thepublic street

Are integrated with the buildingdesign:

Are set back behind the façadeof the dwelling or have amaximum width of 6m or 50% ofthe frontage which ever is less.

Pitched roof design

Not setback behind the facadeof the dwelling but is 3.2m inwidth

Yes

Yes

Development Criteria Section 1 - Driveways

The sum of the widths of all accessfootway crossings to any streetfrontage does not represent morethan 30% of the total width of theproperty frontage to the street.

The second crossing willrepresent 37% of the frontage

No (3)

Non-compliances:

(1) A single garage exists behind the building line. The proposed carport wouldprovide a second space but will be forward of the building line and set aprecedent in this section of Denistone Road. The overall height of the carportwill be 3.1m, which exceeds the allowable 2.4m. The access between thewestern boundary and the dwelling is 2.9m, which could accommodate asecond vehicle.

(2) The proposed carport is to be set only 1m from the front boundary and

considered to be visually dominant. No other carports or garages are withinthe front setback area in this section of Denistone Road.

(3) The second driveway fails to comply with Council’s Development Criteria –Section 1 - ‘Driveways’ as it will represent more than 30% of the total width ofthe property frontage to the street. A ‘No Standing’ sign is also located in thearea where the new driveway access is proposed.

CITY OF RYDE


ITEM 2 (Continued)

2 Matters for consideration pursuant to Section 79C EPAA 1997:

a) Environmental Planning Instruments

Ryde Planning Scheme Ordinance

Zoning

The subject site is zoned Residential 2(a) under the Ryde Planning SchemeOrdinance. The proposed works are permissible with the consent of Council.

Mandatory Requirements

There are no mandatory requirements for this site or the proposal that have notbeen considered elsewhere in the report.

b) Draft Environmental Planning Instruments

There are no draft instruments that affect the proposed works or the subject site.

c) Other matters prescribed by the regulations

There are no relevant matters prescribed by the regulations in relation to firesafety or demolition other than those detailed in this report.

3 The likely impacts of the development, including environmental impactson both the natural and built environments and social and economicimpacts in the locality:

Built Environment

The proposed landing and stairs are satisfactory, however, the carport cannot besupported. The proposed location is a departure from Council’s DevelopmentControl Plan being that Council may permit a carport within the front setbackprovided that:

(a) There is no other suitable position for the carport to be located.(b) There is no vehicle access to the rear of the allotment from any public place,

road, lane or right- of-way.(c) No adverse effect is created to the existing established streetscape, which

detracts from the amenity of the neighbourhood.

CITY OF RYDE


ITEM 2 (Continued)

The proposed carport is within the front setback area on the eastern side of theproperty. The site currently consists of an approved garage, which is behind thebuilding line on the western side of the property. The driveway access to thegarage is also a shared driveway access to the rear allotment.

The proposed carport does not positively contribute to the streetscape in thissection of Denistone Road which does not see any car parking structure forwardof the building line. Access is achievable for a car parking structure to besetback behind building line. The proposed second driveway also fails to comply with Council’s DevelopmentCriteria – Section 1 - ‘Driveways’ as it will represent more than 30% of the totalwidth of the property frontage to the street.

The proposed development will have an adverse impact on the existing builtenvironment, particularly the streetscape. On a balanced consideration of theseeffects, it is considered that the effect on the built environment is notacceptable.

Natural Environment

The proposed development will have no significant impacts on the naturalenvironment, however there will be additional hard paving in the front setback area.No significant trees are to be removed and all drainage will be piped to the streetkerb.

4 Suitability of the site for development:

The site is not classified as a heritage item or subject to any natural constraintssuch as flooding or subsidence, however, the location of the carport structure isnot considered to be suitable.

5 Public submissions:

The proposal was advertised in accordance with Council’s NotificationDevelopment Control Plan for a 14 day period ending on 19/07/2004. Nosubmissions were received.

6 Submissions from Public Authorities and the Public Interest:

None required in this instance.

CITY OF RYDE


ITEM 2 (Continued)

CONCLUSION:

The proposed development does not comply with the provisions of the Dwelling Housesand Duplex Buildings Development Control Plan (DCP No.17A). The proposed carportdoes not positively contribute to the streetscape in this section of Denistone Road whichdoes not see any car parking structure forward of the building line. Access is achievablefor a car parking structure to be setback behind building line. The proposed seconddriveway also fails to comply with Council’s Development Criteria – Section 1 -‘Driveways’ as it will represent more than 30% of the total width of the property frontageto the street. The proposed carport location will adversely impact on the streetscape ofthe area. Accordingly, it is recommended that the application be refused.

RECOMMENDATION:

That Local Development Application No. 555/2004 at 34 Denistone Road, Eastwoodbe refused for the following reasons:

1. The proposed development being the erection of a carport forward of thebuilding line does not comply with the carparking provisions of the DwellingHomes and Duplex Building Development Control Plan and is considered toadversely impact on the streetscape of the area.

2. The proposed second driveway fails to comply with Council’s DevelopmentCriteria – Section 1 - ‘Driveways’ as it will represent more than 30% of the totalwidth of the property frontage to the street.

Liz Coad Colin MurphyManager Environmental Assessment Snr Environmental Assessment Officer

CITY OF RYDE


ITEM 2 (Continued) No submissions received

COPYRIGHT

© 2004 City of Ryde.© 2004 Land an d Pro perty Infor mation NSW.

ALL RIGHTS RESERVED

No par t of this map may be rep roduced without writte n permission.

City of Ryde

Development Application555/2004

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Scale: 1:1700 approx.Date: 27/09/2004

CITY OF RYDE


ITEM 2 (Continued)

CITY OF RYDE


ITEM 3

4 & 4B RUTLEDGE STREET, 11 & 13 CLANALPINE STREET AND 14TRELAWNEY STREET, EASTWOOD. Lot 1 DP 196295, Lot 1 DP 196296, Lots:55 & 56 DP: 4231 and Lot 1 DP 936251. Local Development Application forConsolidation of Existing 5 Lots and Re-subdivision of Land into 2 Lots. LDA481/2004. Applicant: ETO Pty Limited.


Manager Environmental Assessment Reports 22 September 2004

FILE NO: LDA04/481

EXECUTIVE SUMMARY

This report considers a proposal to consolidate and subdivide 5 existing allotments inRutledge, Trelawney and Clanalpine Streets, Eastwood to facilitate a proposed villadevelopment.

It is proposed to create 2 new lots from the amalgamated lots. There will a southernlot having an area of 2,901m2 and frontages to Trelawney and Clanalpine Streets. Anorthern lot will have an area of 2,150m2 and frontage to Rutledge Street.

The proposed subdivision complies with the relevant subdivision controls applying tothe 2(a) residential zone under the Ryde Planning Scheme Ordinance and Council’sSubdivision Code.

Separate reports dealing with the villa developments have been prepared and are tobe considered in conjunction with this report.

It is recommended that the proposed subdivision be approved.

Reason for Referral to Development Committee: Nature of development


Address : 4 & 4B Rutledge Street, Eastwood14 Trelawney Street, Eastwood11 & 13 Clanalpine Street, Eastwood

Site Area : 5051m2

CITY OF RYDE


ITEM 3 (Continued)

Frontage : 40.235 metres (Rutledge Street) 24.98 metres (Trelawney Street) 40.235 metres (Clanalpine Street)

Topography andVegetation : The site falls about 6m from its southern boundary

(Clanalpine Street) to the north-eastern corner (RutledgeStreet). There are several trees located around theperimeter of the site.

Existing Buildings : The site contains the former St. Edmunds PrivateHospital buildings fronting onto Clanalpine Street anddwelling houses facing onto Rutledge and TrelawneyStreets.

PLANNING CONTROLS:

Zoning : Residential 2(a) Other : Ryde Planning Scheme Ordinance

DCP 41 – Stormwater Management Subdivision Code

DEVELOPMENT PROPOSAL SUMMARY:

The proposed development consists of the re-subdivision of the subject site into 2allotments for the purpose of future residential development.

PROPOSAL:

The proposal involves the consolidation and re-subdivision of the various lots thatcombine to form the subject site. It is proposed to subdivide the site into twoallotments as follows:

Lot 1: This lot will have an area of 2,901m2 and frontage to Trelawney Street(24.98m) and Clanalpine Street (40.235m).

Lot 2: This lot will have an area of 2,150m2 and frontage to Rutledge Street(40.235m).

CITY OF RYDE


ITEM 3 (Continued)

HISTORY:

Pre-lodgment meeting with Client Managers on 22 April 2004.

LDA for land subdivision received on 4 June 2004.

Advertising and notification to adjoining residents between 25 June and 17 July2004.

REFERRALS:

Development Engineer: 29 July 2004: From an engineering perspective, there areno objections to approval of this application. Standard conditions of consent forsubdivision are proposed.



Section 79C(1)(a) Provisions of Environmental Planning Instruments

Ryde Planning Scheme Ordinance.

Zoning

The subject site is zoned Residential 2(a) under the Ryde Planning Scheme Ordinance. The subdivision of residential land is permissible pursuant to Clause 41A of theOrdinance.


Clause 41A – Subdivision of Land Generally

This clause states that a person shall not subdivide land except with the consent ofthe responsible authority (Council in this instance). This application has been madein accordance with this clause.

CITY OF RYDE


ITEM 3 (Continued)

Clause 41B – Subdivision of Residential Land

This clause states that the responsible authority (Council in this instance) shall notconsent to the subdivision of land to which this clause applies unless each allotmentproposed to be created by the subdivision has

(i) an area of not less than 580 square metres; (ii) frontage to a public road of not less than 10 metres; and (iii) a width of not less than 15 metres at a distance of 7.5 metres from the

alignment of the public road.

Each of the allotments resulting from the proposed subdivision complies with theabove minimum requirements.

Development Control Plan No. 41 – Stormwater Management

Development Control Plan No. 41 – Stormwater Management (“DCP 41”), whichbecame effective on 22 August 2001, applies to this proposal.

The proposed subdivision provides the required easements, to ensure that theproposed subdivision complies with the requirements contained within DCP 41.

Subdivision Code

Ryde Subdivision Code applies to this proposal.

The minimum area for a villa home site is 1,000m2 with a minimum width of 20m atany point. Both sites resulting from the proposed subdivision comply with theserequirements. Section 79C(1)(b) Likely impacts of the Development

Built Environment

The proposed subdivision of the site into 2 new allotments complies with Council’sminimum standards for residential development. As the proposed subdivisioninvolves minimal physical works on the site (other than the installation of a drainagepipe and easement), no significant impacts upon the built environment areconsidered likely.

CITY OF RYDE


ITEM 3 (Continued)

Natural Environment

Having regard to the nature of the proposed development, no adverse environmentalimpacts associated with the proposed subdivision have been identified.

Section 79C(1)(c.) Suitability of the site for the development

Having regard to the site’s physical characteristics and constraints, the subject site isconsidered to be suitable for both the proposed subdivision and a future residentialdevelopment.

Section 79C(1)(d) Any submissions received

The current subdivision proposal and the 2 development applications for villadevelopments (LDA 482/2004 & 499/2004) were advertised and notified together inaccordance with Council’s Development Control Plan for Notification

The subject application was advertised in the press dated 23 June 2004. Notificationof the proposal was for a period exceeding 14 days between 25 June 2004 until 17July 2004.

During the notification period no submissions were received about the subdivisionproposal.

Section 79C(1)(e) The Public Interest

The assessment of this application has not raised any significant issues of publicinterest, which would require detailed consideration.

CONCLUSION:

The proposed consolidation and re-subdivision of the subject site into 2 allotmentshas been assessed against the relevant matters for consideration provided withinSection 79C of the Environmental Planning and Assessment Act. The proposal isconsidered acceptable and is recommended for approval, subject to appropriateconditions of consent.

CITY OF RYDE


ITEM 3 (Continued)

RECOMMENDATION:

That Local Development Application No. 481/2004 for the consolidation and re-subdivision of land at Nos. 4 & 4B Rutledge Street, 11 & 13 Clanalpine Street and 14Trelawney Street, Eastwood (being Lots: 55 & 56 DP: 4231, Lot 1 DP 936251, Lot 1 DP126296) be approved subject to the following conditions;

1. Development is to be carried out in accordance with the Plans No. MDH115-L-01and support information submitted to Council.

2. All building works are required to be carried out in accordance with the provisionsof the Building Code of Australia.

Engineering Conditions to be complied with prior to Subdivision Certificate.

3. 88B Instrument. The submission of an instrument under Section 88B of theConveyancing Act 1919 plus 2 copies, creating any Easements, PositiveCovenants and restrictions on use, the Ryde City being the authority empoweredto release vary or modify the same.

4. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5copies suitable for endorsement by the General Manager/Authorised Personpursuant to Section 327 of the Local Government Act 1993.

5. Restriction of the Use of Land. A restriction on use is to be imposed over thesection of the site that has been identified for the widening of Rutledge Street asshown on plan of subdivision, prepared by Murray Hastings, Registered Surveyor.

6. Easements. A 1.5m wide easements to drain water over Lot 2 in favour of Lot 1to facilitate the disposal of stormwater to Rutledge Street is to be created toservice the subdivision in accordance with Council's requirements.

7. Existing Easements and Restrictions. The applicant must acknowledge allexisting easements and restrictions of the use of land on the final plan ofsubdivision.

Liz Coad Troy LovedayManager Environmental Assessment Executive Planner

CITY OF RYDE


ITEM 3 (Continued) No submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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CITY OF RYDE


ITEM 3 (Continued)

CITY OF RYDE


ITEM 4

4 & 4B RUTLEDGE STREET, EASTWOOD. Lot: 1 DP: 126295 & Lot: 1 DP:126296. Local Development Application for Demolition, Construction of 6 Villasand Strata Title Subdivision. LDA 482/2004. Applicant: ETO Pty Limited.



FILE NO: LDA04/482

EXECUTIVE SUMMARY

This report considers a development application involving the erection of an urbanhousing development (villas). It is proposed to demolish a dwelling house andconstruct 3x2-bedroom and 3x3-bedroom villas and strata subdivision.

This site results from a 2-lot subdivision proposal considered within LDA 481/2004. Another urban housing development (LDA 499/2004) is proposed for the remaininglot, the site occupied by the former St. Edmund’s Private Hospital. Item 5 provides adetailed assessment of that proposal. Councillors should consider items 3, 4 and 5together. The proposed development generally complies with the requirements applying tourban housing developments contained within Clause 56A of the Ryde PlanningScheme and Development Control Plan No. 21A – Urban Housing. A minor noncompliance exists in relation to the site coverage (taken to be measured at roof notwalls). This is a minor non-compliance (4.8%) and other villa developments havebeen approved recently with site coverage variations of less than 5%.

A small part of the subject site has been reserved for road widening purposes underthe Ryde Planning Scheme Ordinance. In the future, the Roads and Traffic Authority(“RTA”) may acquire this part of the site for eventual widening of Rutledge Street. The proposed development has been set back from the post-road widening propertyalignment.

Two submissions were received. These submissions have not raised any significantconcerns with the development.

CITY OF RYDE


ITEM 4 (Continued)

It is recommended that the proposal be approved, subject to conditions.

Reason for Referral to Development Committee: Nature of development andsubmissions received.


Address : 4 & 4B Rutledge Street, Eastwood

Site Area : 1,894m2 (excludes 256m2 required for road widening)Frontage 40.235 metresDepth 50.29 metres

Topography andVegetation : The site has a moderate fall from the rear boundary to

Rutledge Street. The survey indicates a fall of 2.7m overa distance of approximately 50m. This represents agrade of 1 in 11 or 9%.

There are several trees on the site and these are mainlyconfined to the perimeter of the site. The larger trees onthe site are Jacarandas and several of these specimenswill be retained.

Existing Buildings : A single storey brick dwelling house, a covered ingroundswimming pool, a shed and a concrete paved car parkingarea. The subject site formed part of the former St.Edmunds Private Hospital.

PLANNING CONTROLS:

Zoning : Residential 2(a) & County Road ReservationOther : Ryde Planning Scheme Ordinance

Draft LEP 129 – Urban Housing SEPP 55 – Remediation of Land SEPP (Building Sustainability Index BASIX) 2004 DCP 21A – Urban Housing DCP 27 – Waste Management & Minimisation DCP 29A – Car Parking DCP 37 – Access for People with Disabilities

CITY OF RYDE


ITEM 4 (Continued) DCP 41 – Stormwater Management DCP 45A – Energy Smart/Water WiseSection 94 Contribution Plan No. 1 (2003 Amendment) Subdivision Code (November 1993)

PROPOSAL:

The proposed development involves the demolition of the dwelling house andconstruction of a villa home development consisting of 3 x 2-bedroom and 3 x 3-bedroom dwellings with parking for 11 vehicles.

Consent is sought for the strata-title subdivision of the completed development into 6lots.

HISTORY:

A search of Council’s records found numerous applications for alterations andadditions to St. Edmund’s Private Hospital approved between 1993 and 2000.

LDA 771/2001, a proposal for a health centre, was submitted in August 2001 andsubsequently refused by Council in March 2002. An appeal to the Land &Environment Court upheld Council’s refusal.

LDA 619/2002 a proposal for a health centre, was submitted to Council in June2002 and subsequently refused by Council in December 2002.

LDA 222/2003, a proposal for a health centre, was submitted to Council in March2003 and subsequently withdrawn by the applicant in May 2003.

A pre-lodgment meeting was held with Client Management on 22 May 2003 inrelation to a 2-storey proposal.

A second pre-lodgment meeting was held with Client Management on 22 April2004 in relation to the current proposal.

LDA 482/2004 was submitted 4 June 2004.

Notification of proposal to adjoining residents between 25 June and 17 July 2004.

CITY OF RYDE


ITEM 4 (Continued)

REFERRALS:

Development Engineer: 26 July 2004:

“From an Engineering perspective there are no objections to approval of this application,subject to full design details being submitted and approved by Council prior to aConstruction Certificate being issued. The attached conditions of consent should beplaced on any development consent issued”.

Landscape Architect: 16 September 2004:

“This part of the development contains buildings and grounds from St Edmundshospital fronting Rutledge St (refer to attached 2001 aerial photo). The gardenscontain little in the way of significant vegetation. The only trees marked for retentionare:

1) a Jacaranda on the eastern boundary currently it is growing hard against the wallof what was once an indoor pool complex;

2) a Jacaranda growing on the frontage adjacent the eastern boundary; and 3) a Silky Oak located on the western part of the frontage

The Jacaranda to be retained in the courtyard of villa unit No. 5 needs to be accordeda greater setback, therefore villa unit No.5 should be redesigned so as to be at least4m, when measured from the outside of the trunk to the building.As for the retention of the Silky Oak I would question the value of the exercise whenthe tree is actually exempt under Council’s TPO. The tree should be removed andreplaced with more appropriate super advanced tree planting.

Heritage Officer: 19 July 2004: As there are several heritage items in the vicinity ofthe subject site, the proposal was referred to Council’s Heritage Officer for comment.The response from the Heritage Officer is below:

“The subject cottage is a single storey early Twentieth Century cottage frontingRutledge Street at its eastern end opposite a large commercial building associatedwith the Eastwood Centre. The cottage is covered in vegetation and it is hard toassess its overall condition although it appears to retain many of its Federation stylefeatures. Its context is poor, fronting a busy arterial road with the town centreopposite and a school, small commercial property and railway to the east.

CITY OF RYDE


ITEM 4 (Continued)

There are several heritage items in the vicinity but they are all visually and physicallydetached from this property.

Demolition of the subject cottage is acceptable. It is unlikely that its demolition orconstruction of the villa homes will impact on any heritage item in the vicinity.

Recommendation: The proposal complies with the heritage provisions of RydePlanning Scheme Ordinance and is unlikely to impact on the cultural significance ofany heritage item in the vicinity. It is therefore recommended that the proposal beapproved”.

Traffic Engineer: 16 September 2004: This matter was considered by the LocalTraffic Committee which adopted the following resolution:

“That, on traffic and parking grounds, no objection be raised to the proposedingress/egress from Rutledge Street, subject to a 6 metre wide driveway being providedin lieu of the proposed 5m wide driveway in Rutledge Street”.



Section 79C(1)(a) Provisions of Environmental Planning Instruments:


Zoning

The majority of the subject site is zoned Residential 2(a) under the Ryde PlanningScheme Ordinance. The proposal to construct villa homes is permissible with theconsent of Council.

The front of the site is affected by a reservation for County Road widening. Theproposed development does not involve any buildings or structures on this reservedpart of the site.

CITY OF RYDE


ITEM 4 (Continued)


Clause 56A of the Ryde Planning Scheme Ordinance contains various numericalrequirements for villa style developments. The table below shows how the proposalcomplies with these requirements:

Ryde Planning SchemeOrdinance Proposal Compliance

Density1 dwelling per300m2

[Clause 56A(3)(a)]

1,894m2 for 6 villas(315m2 per dwelling)

Yes

Landscaping120m2/dwelling[Clause 56A(3)(b)]

Total landscaped area 738m2 for 6 villas.(123m2 per dwelling).

Yes

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of State Environmental Planning Policy No. 55 – Remediation of Landapply to this land.

Council has a statutory obligation to firstly consider whether the land is contaminated,and if it is whether it needs to be remediated in order to be suitable for the intendedpurpose. If remediation works are required, Council must ensure that thoseremediation works are carried out before the development occurs.

In considering whether the site is contaminated, this assessment has considered theSEPP 55 Planning Guidelines and Council’s register of development consents. Giventhe previously residential use of the site, it is considered that there is no history ofcontaminating activities on the land. According, it is reasonable for Council to take theview that the land is not contaminated and does not require any remediation works inorder to be suitable for the intended residential villa development.

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

The provisions of State Environmental Planning Policy (Building Sustainability IndexBASIX) 2004 are now in force. The requirement for a BASIX certificate does notapply. The provisions relating to multi-unit developments have not commenced.

CITY OF RYDE


ITEM 4 (Continued)

Development Control Plan No. 21A – Urban Housing

Development Control Plan No. 21A – Urban Housing (“DCP 21A”), which becameeffective on 16 October 2002, applies to this proposal.

The proposed development has been assessed against the provisions containedwithin the development control plan. The following table presents a summary of the proposal against the DCP requirements:-

DCP 21A Proposal Compliance

Part 2 – SiteRequirements

Site Analysis – EachDevelopment Applicationmust be accompanied bya site analysis.

A site analysis plan(Drawing 1 of 3) hasbeen submitted with thedevelopmentapplication.

Yes

Minimum AllotmentSize – Allotments shouldhave a frontage to a roadof not less than 20metres and area not lessthan 600m2.

The subject site has afrontage of 40.235m anda site area of 1,894m2.

Yes

Non-PreferredLocations – Approval willonly be granted whereCouncil is satisfied thatthe site is suited for thisform of more intenseresidential development(ie land is affected byoverland flow).

The subject site is not anon-preferred location.

Yes

CITY OF RYDE


ITEM 4 (Continued)


Part 2 – SiteRequirements (cont.)

Linear Separation –Urban housingdevelopments in theResidential 2(a) zonemust be separated fromother urban houses, villahomes and duplexdevelopments.

The proposeddevelopment satisfiesCouncil’s linearseparation control.

Yes

Retention of ExistingDwellings – Council willonly consider proposalsthat retain an existingdwelling where it involvesa heritage significantbuilding

No existing buildings willbe retained.

Yes

Part 3 – Building Form

Appearance – The floorto ceiling height must notbe less than 2.7m.

A minimum floor toceiling height of 2.7mhas been proposedthroughout the entiredevelopment.

Yes

Roof shape – Roofsshould generally bepitched between 22-30degrees where visiblefrom public areas orstreets.

The proposed roof form,involving a 30-degreeroof pitch, is acceptable.

Yes

CITY OF RYDE


ITEM 4 (Continued)


Part 3 – Building Form(cont.)

All roofs shouldincorporate, overhangeaves of at least 300mmand where appropriateverandahs.

300mm wideoverhanging eaves areproposed.

Yes

The use of gablesfronting the street, isrequired to add furtherinterest to thestreetscape. Hipped roofswill generally not bepermitted.

Gables have beenprovided at the front ofthe building.

Yes

There should be variationin the roof line, bybreaking the roof intosmaller elements so thatis does not appear as acontinuous roof.

The proposed roof formis articulated to break itup so that it does notappear as a longcontinuous roof form.

Yes

Fences – Low open frontfences are traditionallyused throughout Ryde.Front fences must not behigher than 1.2m andmust be at least 70%visually permeable.

A front fence, complyingwith these requirements,has been proposedalong the RutledgeStreet frontage of thesite.

Yes

CITY OF RYDE


ITEM 4 (Continued)



Materials – the exteriorwalls should usematerials consistent, inboth form and colour,with the traditionalmaterials of the locality.Roofs should usematerials consistent withthe traditional materials ofthe street.

The external roof andwall materials areconsidered acceptable.

Yes

Density & SiteCoverage – Themaximum density allowedis:-

• 1x 2-br dwelling per300m2


• 1 x 4-br dwelling per365m2

The currentconfiguration of theproposal requires a sitearea of 1,890m2.

The subject site has anarea of 1,894m2

(excluding the part ofthe site affected by theroad wideningreservation).

Yes

Site coverage must notexceed 40% (757.6m2)

44.7% (848m2) No

Permeable area of thesite must not be less than35% (719.7m2)

38.9% (737.7m2) Yes

CITY OF RYDE


ITEM 4 (Continued)



Private Outdoor Space– Private outdoor spaceshould face north to gainthe most advantage ofthe winter sun.

All areas of privateoutdoor open spacehave a northernorientation to maximiseaccess to the wintersun.

Yes

Minimum private openspace requirements are:

• 30m2 for 2-brdwelling

• 35m2 for 3 or more-br dwelling.

All of these areas musthave a minimumdimension of 4 metres.

Courtyard areas are asfollows:

Villa 1: 44m2

Villa 2: 51m2

Villa 3: 126m2

Villa 4: 87m2

Villa 5: 51m2

Villa 6: 46m2

All villas have aminimum dimension of4m.

Yes

Type and number ofdwellings – Indevelopments containing4 or more dwellings notmore than 50% ofdwellings should have thesame number ofbedrooms.

This provision applies tothis development as 6villas are proposed.

The mix of dwellings isas follows:

2-bedroom 50% 3-bedroom 50%

Yes

No development shouldcontain more than 12dwellings.

The proposeddevelopment containssix (6) dwellings.

Yes

CITY OF RYDE


ITEM 4 (Continued)


Part 4 – Site Planning

Designing to the SiteTopography – Sitesfor urban housingshould be selected sothat dwellings have apresentation to thestreet, where the frontentrance of at leastone dwelling can beclearly seen from thestreet.

The proposed villadevelopment has satisfiedthis requirement as thedevelopment has apresentation to the street andthe front entrances to units 1and 6 can be clearly identifiedand seen from the street.

Yes

Sites which slope fromthe street to the rear ofthe lot where only theroof of the dwelling isvisible are not suitablefor urban housing.

The topography of the site isacceptable. The site has agentle slope from the rear tothe street. The level of theland is such that thedevelopment will be providedwith a good presentation tothe street. The subject sitedoes not fit into the type ofsite described in this clause.

Yes

CITY OF RYDE


ITEM 4 (Continued)


Part 4 – Site Planning(cont.)

Sites which have across slope may not besuitable for urbanhousing as dwellingswill be higher thanadjoining propertiesand lead to adverseimpacts on privacy ofother properties.

Sites which slopeacross the site wherenew dwellings, outsidethe establishedbuilding zone, havefloor levels more than1 metre higher thanadjoining properties orwith a gradient of morethan 1:6 will not beacceptable.

The existing slope of the landis considered acceptable interms of the height of thevillas and any overlookingimpacts. The proposed developmentdoes not involve floor levelsraised in excess of 1m abovethe adjoining properties.

Yes

Altering levels of thesite – The levels of thesite should not bealtered by more than300mm. Fill should notbe brought onto thesite.

The proposal does notpropose altering the level ofthe site by any more than300mm.

Yes

CITY OF RYDE


ITEM 4 (Continued)


Part 4 – Site Planning (cont.)

Front Setbacks – Buildingsmust be set back:

(a) the same distance asone of the buildings onan adjoining allotment, ifthe distance between thesetbacks of the buildingson the two adjoiningallotments is not morethan 2 metres; or

(b) if the distance betweenthe setbacks of theadjoinings is more than2, the average of thetwo.

As the site and theneighbouring sites aresubject to road widening, thefront setback cannot bedetermined on the basis ofthe adjoining buildings.

Not applicable.

Council may vary thisstandard if it is satisfied thatthe existing streetscape islikely to change. In thissituation, the setback mustnot be less than 7.5m for50% of the frontage and notless than 6.5m for 50% ofthe frontage.

The front setbacks have beendetermined using thisprovision on the basis thatthe streetscape will changeonce the RTA commences towiden Rutledge Street.

The setbacks proposed forthe front dwellings are:-

Villa 1:– 7.5m 100%

Villa 6:– 7.5m 50%& 6.5m 50%

Yes

CITY OF RYDE


ITEM 4 (Continued)



Side and rear setbacks– the walls of thebuildings must not beless than 4.5m from sideand rear boundaries. Topromote variation andinterest in design,Council may allow up to50% of the wall of anyvilla to be less than 3metres from the site andrear boundary.

The side and rearsetbacks for the villascomply with the 4.5m and3.0m requirements.

Yes

Where vehicular accessis provided within thisarea, the minimumsetback shall be 6metres.

The proposal does notprovide a driveway withinthe side boundarysetback.

Yes

Building Height Limit –Buildings outside theestablished height zonemust not be more than 1storey and 4 metres inheight.

The proposal is singlestorey in height.

Yes

CITY OF RYDE


ITEM 4 (Continued)



Vehicles & Garages –Car parking is requiredat the following rate:

• 1 space per 1 or 2bedroom dwelling

• 2 spaces per 3 ormore bedroomdwellings

• 1 visitors space perevery 2 dwellings.

The proposeddevelopment involves theprovision of:

9 spaces for the residents/occupants and

2 spaces for visitor’svehicles.

No

(Note: The RPSO onlyrequires 1 space forevery 4 dwellings. As a DCP cannot beinconsistent with aStatutory EnvironmentalPlanning Instrument, the2 visitors spaces areacceptable).

For developments of 4or more dwellings adedicated carwash bayshould be provided in aconvenient location. Thecar wash bay must bedrained to the seweragesystem in accordancewith the Sydney WaterCorporation or a suitableon-site wastewaterdisposal system. Thewastewater must notdischarge to theCouncil’s stormwatersystem.

The proposeddevelopment does notprovide a dedicated carwash bay.

The requirements forwash bays to drain to thesewer mean that theymust be enclosed toprevent rainwaterentering the sewernetwork.

Given the current waterrestrictions, therequirement for car washbays in thesedevelopments should bewaived.

No

CITY OF RYDE


ITEM 4 (Continued)



Tandem parkingarrangements will onlybe allowed where thereis no impact on theability of vehicles tomanoeuvre on the siteand access parkingareas. In particular,tandem parking mustnot be provided in frontof a garage.

Two (2) of the six (6) villaspropose tandem parking spacesfor the occupant’s vehicles.

The location and design of thesecar-parking spaces isconsidered acceptable in termsof vehicle manoeuvrability.

Yes

Accessibility –Developments of 4 ormore dwellings must bedesigned so that notless than 50% of thedwellings provideaccess to indoor andoutdoor living areas forpeople with disabilities.

The access statement submittedwith the developmentapplication states; “as can beseen from the site plan andground floor plan, the drivewaylevels have been set so that atno point do they exceed amaximum grade of 1:14ensuring that pedestrian accessis possible along the entirelength of the common driveway,to the parking spaces at therear, and to each units frontporch area.

Four of the six units haveaccess to the indoor andoutdoor areas, using acontinuous path of travel whichwill not exceed a grade of 1:14”.

Yes

CITY OF RYDE


ITEM 4 (Continued)



Visual and AcousticPrivacy – directoverlooking of maininternal living areas andprivate open spaces ofother dwellings isminimised by buildinglayout.

The design of the proposalseeks to maximise the privacy offuture residents in terms of floorlevels, window placement andthe locations of rooms withindwellings.

Yes

Overshadowing andaccess to sunlight –sunlight to at least 50%of the principal area ofground level privateopen space of adjacentproperties must not bereduced to less than twohours between 9am and3pm on June 21.

Adequate solar access isproposed through thedevelopment.

Yes

Landscaping – Existingtrees should be retained.Buildings and otherstructures must belocated sufficientdistance from proposedand existing trees toensure the longevity ofthe tree. The minimumdistance from a buildingto a proposed or existingtree is 3 metres.

The proposal proposes to retainthose trees on the site that aredeemed worth of retention andcan be incorporated into thefuture development.

Yes

CITY OF RYDE


ITEM 4 (Continued)



Privacy planting –Landscape stripsprovided for privacypurposes must not beless than 1.2 metreswide.

Where provided, landscapestrips that provide privacy havea minimum width of 1.2m.

Yes

Planting along thedriveway and aroundpathways – A plantingstrip not less than 1.2mwide should be providedbetween the drivewayand the adjoiningproperty boundary.

Landscape strips proposedwithin the central driveway areacomply with this requirement.

Yes

A landscaping strip ofnot less than 1 metremust be providedbetween the drivewayand the wall of thedwellings.

1m wide landscaping strips areproposed between the buildingsand the driveway.

Yes

Development Control Plan No. 27 – Waste Minimisation & Management

Development Control Plan No. 27 – Waste Minimisation & Management (“DCP 27”),which became effective on 7 March 2001, applies to this proposal.

A Waste Management Plan, prepared in accordance with the requirements set out inDCP 27, has been submitted with the development application. This plan isconsidered satisfactory and the provisions contained within the plans will be enforcedby way of a condition of consent (see condition 95).

CITY OF RYDE


ITEM 4 (Continued)

Development Control Plan No. 29A – Car Parking Development Control Plan No. 29A – Car Parking (“DCP 29A”), which becameeffective on 17 January 2003, applies to this proposal.

The proposed development provides parking for both residents and their visitors inaccordance with the requirements of DCP 29A. This is a total of 9 spaces forresident’s vehicles and 2 spaces for visitor’s vehicles.

Development Control Plan No. 37 – Access for People with Disabilities

Development Control Plan No. 37 – Access for People with Disabilities (“DCP 37”),which became effective on 18 December 2002, applies to this proposal.

The requirement of this development control plan that apply to the proposeddevelopment is “the provision of an accessible path of travel from the street to andthrough the front door where the level of the land permits”.

The applicant has provided Council with an Access Statement in response to theaccessibility requirements contained within the DCP.

The relevant section of this access statement is as follows:-

“As can be seen from the site, and the ground floor plans, driveway levels have been setso that at no point do they exceed a maximum grade of 1:14 or 7%, ensuring thatpedestrian access is possible along the entire length of the common driveway, to theparking spaces at the rear, and to each unit’s front porch area”.

“Four of the six units (being units 1-4) have access to the indoor, and outdoor areas,using a continuous path of travel, which will not exceed a grade of 1in 14 or 7%. Theremaining two units have one step at the front porch threshold”.

The proposed access arrangements are considered satisfactory and achieve theintent of Council’s DCP.


Development Control Plan No. 41 – Stormwater Management (“DCP 41”), whichbecame effective on 22 August 2001, applies to this proposal.

CITY OF RYDE


ITEM 4 (Continued)

Council’s Development Engineer has assessed the proposal against therequirements of DCP 41 and advised that the proposal is satisfactory. Appropriateconditions of consent have been provided to ensure the development complies withaccepted engineering standards.

Development Control Plan No. 45A – Energy Smart/Water Wise

Development Control Plan No. 45A – Energy Smart/Water Wise (“DCP 45A”), whichbecame effective on 3 December 2003, applies to this proposal.

A NatHERS energy rating has been provided with the development application. Theresults are as follows:

Dwelling Star Rating

Villa 1 4 starsVilla 2 5 starsVilla 3 4 starsVilla 4 4.5 starsVilla 5 5 stars

The DCP requires a minimum rating of 3 stars for each dwelling. All of the proposeddwellings comply with this DCP.

Draft Local Environmental Plan No. 129 – Urban Housing

A modified version of Draft Ryde Local Environmental Plan No. 129 has been placedon public exhibition, pursuant to Section 66 of the Environmental Planning andAssessment Act 1979.

The exhibition of the LEP runs between 15 September and 15 October 2004.

The DLEP amends the definitions of height and storey and introduces definitions fornatural ground level and urban housing. The proposed development is consistentwith the amendments proposed in DLEP 129.

CITY OF RYDE


ITEM 4 (Continued)

DLEP 129 Proposal Compliance

Height

Villa 1Villa 2Villa 3Villa 4Villa 5Villa 6

3.2m3.4m3.6m3.4m3.3m3.0m

YesYesYesYesYesYes

Section 94 Contributions Plan No. 1 (2003 Amendment)

Council’s Section 94 Contributions Plan No. 1 (2003 Amendment), which becameeffective on 3 September 2003, applies to this proposal.

The contributions that are payable with respect to the 6 proposed dwellings are asfollows:

Contribution Plan Contributionsfor 6 Villas

Credit forExistingDwelling

TotalContribution

Payable

Public Space $43,374 $9,858 $33,516

Drainage $8,622 $1,959 $6,663

Administration $462 $105 $357

Total $52,458 $11,922 $40,536

A condition requiring the payment of a Section 94 contribution for the amount of $40,536has been included in the recommendation of this report (see condition 26).

CITY OF RYDE


ITEM 4 (Continued)

Subdivision Code

There are no specific requirements for Strata Title subdivision contained withinCouncil’s Subdivision Code. Appropriate conditions of consent have beenrecommended to ensure that the subdivided development is satisfactory.

Section 79C(1)(b) Likely impacts of the Development

Built Environment

Context and Setting

The subject site is situated on the southern side of Rutledge Street betweenTrelawney Street and Chatham Road. Most of the buildings in the vicinity of the siteare generally single storey in height and have a scale that is compatible with theproposed development.

A single storey dwelling occupies the site immediately to the west of the site andthere is a single storey pre-school on the eastern side of the site. A proposed villadevelopment facing Clanalpine Street is located to the south of the site and is to beconsidered by Councillors in Item 5.

The land to the north of Rutledge Street forms part of the Eastwood Urban Villageand has a commercial/business zoning. The multi storey Eastwood Centre, a largeshopping centre and business address for the Eastwood area is located to the northof the subject site. The new planning controls for the Eastwood town centre willencourage future redevelopment of these sites on the northern side of RutledgeStreet.

Access and Traffic

The proposed development was referred to the Ryde Local Traffic Committee inconjunction with LDA 499/2004 for comment and to determine any traffic impacts. The comments provided by the Traffic Committee are repeated below. The subjectapplication was referred to the Roads and Traffic Authority (RTA) given the siteinvolves a frontage to a Regional Road and is affected by a road wideningreservation and an Order under the Roads Act.

CITY OF RYDE


ITEM 4 (Continued)

Roads and Traffic Authority: This application was referred to the Roads and TrafficAuthority (RTA) to determine the extent of road widening and to seek concurrenceunder Section 138 of the Roads Act 1993.

The following advice has been provided:-

(a) that no objection to the development subject to no new structures or buildingsbeing constructed on land required for future road widening;

(b) the design and construction of the gutter crossing should by in accordance withthe RTA requirements;

(c) Any redundant driveways along Rutledge Street should be removed;

(d) All works associated with the development to be at no cost to the RTA.

A detailed response to the RTA submissions is provided elsewhere in this report.

Local Traffic Committee: The Ryde Local Traffic Committee considered this proposalat its meeting on 19 August 2004. Council’s Traffic Engineer has advised that theCommittee raised no objection to this proposal from a traffic perspective. TheCommittee requested that the driveway be widened from 5m to 6m. This isaddressed by way of a condition of consent (see condition 94).

All parking spaces have been designed in such a manner that vehicles will becapable of maneuvering so as to exiting the site onto Rutledge Street in a forwarddirection.

Privacy

The design of the proposed villa development respects the privacy of the adjoiningresidents. The floor level of each villa has been kept as low as possible to avoidoverlooking into the adjoining properties. Landscaping strips have been providedalong the southern and eastern boundaries to provide a landscape buffer betweenthe future occupants of the villas and the adjoining residents. The proposeddevelopment does not result in any adverse privacy impacts to adjoining residents orto the children in the adjoining pre-school.

CITY OF RYDE


ITEM 4 (Continued)

Noise and Vibration

A Noise Impact Assessment has been submitted with the development application. This noise assessment outlines the acoustic treatments required in order for thedevelopment to comply with the RTA noise criteria. Council’s Environmental HealthOfficer has reviewed this report and agrees with its recommendations. The noisemeasures proposed in the assessment should be incorporated into the development(see condition 96).

Crime Prevention

The development has a reasonable level of passive surveillance of common areasand there are no specific areas of concern. Standard crime prevention conditionsshould be imposed to provide an adequate level of security for future residents.

Natural Environment

Previous urban development on this site has resulted in the removal of all naturalflora or fauna. In addition, there are no natural landscapes such as waterways orbushland in the vicinity of the site. Accordingly, the proposed development will nothave any impact upon the natural environment.

Section 79C(1)(c) Suitability of the site for the development

Having regard to the site analysis submitted with the development application andCouncil’s property information system, there are no significant site constraints thatwould render the site unsuitable for the proposed villa development.


The proposal was advertised and notified in accordance with Council’s DevelopmentControl Plan for Notification. The application was advertised in the press dated 23June 2004. Notification of the proposal was from 25 June until 17 July 2004.

During the notification period 2 submissions were received. The issues raised in thesubmissions were;

1. Concern is raised in relation to the vehicle entrance/exit onto Rutledge Streetand whether this is appropriate.

CITY OF RYDE


ITEM 4 (Continued)

Comment: The RTA has given its concurrence under Section 138 of the RoadsAct for the vehicular driveway onto Rutledge Street. The new driveway will beof sufficient width to allow vehicles to safely enter and exit the site.

2. Concern is raised in relation to the replacement of existing fencing between thesubject site and adjoining residents.

Comment: The recommendation contains a condition requiring the developer toreplace the existing boundary fencing (see condition 3).

3. Concern is raised about the impact of the development on vegetation located onadjoining properties.

Comment: The proposed development does not involve removal of anyvegetation on adjoining properties.


The following matters are listed within the DIPNR Guide to Section 79C as mattersfor consideration under the Public Interest:

• Federal and State Government policy statements,• relevant planning studies and strategies, • management plans, planning guideline or advisory documents• covenants, easements or agreements affecting the proposal, and • relevant issues raised in public meetings and inquries.

Having regard to the above list, the proposed villa development is acceptable interms of the public interest.

Section 138 Roads Act 1993

Pursuant to Section 138 of the Roads Act 1993, the applicant requires the consent ofCouncil (as the Roads Authority) for the new vehicle driveway crossing on RutledgeStreet. As Rutledge Street is an arterial road, the concurrence of the RTA is requiredprior to Council granting consent.

The RTA has provided Council with comments on the development application underthe Environmental Planning and Assessment Act 1979 and concurrence under theRoads Act 1993.

The RTA has requested that the following comments must be taken intoconsideration:

CITY OF RYDE


ITEM 4 (Continued)

1. The Authority has previously purchased land for road widening along thefrontage of the subject property, (Lots 2 & 3 DP 253460), as shown by bluecolour on the attached plan.

The subject property is affected in the manner illustrated by pink colour, (Lots18 & 19 DP 253460), on the attached plan by a Road Widening Order underSection 25 of the Roads Act 1993 as published in the Government Gazette No.148 of 2 November 1979.

However the Authority would raise no objections to the application provided thatany new buildings or substantial structures are erected clear of the landrequired for road (pink colour).

Comment: No new structures or buildings are proposed on the land reservedfor road widening.

2. The design and construction of the gutter crossing shall be in accordance withRTA requirements. Details of these requirements should be obtained fromRTA’s Project Services Manager, Traffic Projects Section, Blacktown.

Comment: This matter is addressed by way of a condition of consent (seecondition 89).

3. Any redundant driveways along the Rutledge Street frontage of the subject siteare to be removed and kerb and gutter (Type SA) reinstated to match existing.

Comment: This matter is addressed by way of a condition of consent (seeCondition 90).

4. All works associated with the development are to be at no cost to the RTA.

Comment: This matter is addressed by way of a condition of consent (seecondition 91).

5. Suitable provision is to be made on site for construction vehicles to alleviate anyneed to park on Rutledge Street.

Comment: This condition is addressed by way of a condition of consent (seeCondition 92).

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ITEM 4 (Continued)

6. The layout of the car parking areas associated with the subject development(including driveways, turn paths, aisle widths, grades, sight distancerequirements and parking bay dimensions) should be in accordance with AS2890.1-2004.

Comment: The plans submitted generally show the development conforming tothis requirement, however a condition of consent is also proposed to addressthis issue (see condition 93).

7. Suitable arrangements are to be made to retard any increased stormwater run-off directly from the subject site onto Rutledge Street.

Comment: The proposed stormwater arrangements are satisfactory.

8. The proposed development should be designed such that road traffic noise fromRutledge Street is mitigated by durable materials, in accordance with EPAcriteria for new land use developments (The Environmental Criteria for RoadTraffic Noise, May 1999). The RTA’s Environmental Noise Management Manualprovides practical advice in selecting noise mitigation treatments.

Where the EPA external noise criteria would not practically or reasonably bemet, the RTA recommends that Council applies the following internal noiseobjectives for all habitable rooms under ventilated conditions complying with therequirements of the Building Code of Australia:

• All habitable rooms other than sleeping rooms: 45dB(A) Leq(15hr) and 40dB(A) Leq(9hr), and

• Sleeping rooms: 35 dB(A)Leq(9hr)

Comment: Council's Environmental Health Officer has agreed with these noiselevels and appropriate conditions are recommended to ensure a satisfactorylevel of amenity for future occupants.

CONCLUSION:

This assessment has found the proposed urban housing development to generallycomply with the requirements of Development Control Plan No. 21A and the controlsapplicable under the Ryde Planning Scheme Ordinance. This report has identifiedseveral areas of minor compliance with the DCP, such as site coverage. These minorvariations are considered acceptable and do not warrant refusal of the application.

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ITEM 4 (Continued)

The scale and density of the proposal is consistent with that of surroundingdevelopment on the southern side of Rutledge Street. It is considered that theproposal is an appropriate form of development for the subject site.

There have been no significant issues raised by the adjoining residents in the writtensubmissions that were received.

It is recommended that the proposed villa development be approved, subject to theattached conditions of consent.

RECOMMENDATION:

(a) That Local Development Application No. 482/2004 for the construction and strata-title subdivision of a villa home development at Nos. 4 & 4B Rutledge Street,Eastwood (being Lot: 1 DP: 126295 and Lot: 1 DP: 126296) be approved subjectto the following conditions;

1. Development is to be carried out substantially in accordance with plans A11697Sheets 1, 2, and 3 dated April 2004 and drawn by A & N Design Pty Limited andsupporting information submitted with the development application, exceptwhere amended in the following conditions.

a) Landscaping is to be carried out in accordance with Drawing No. 0430/1dated May 2004.

2. The term of this Consent is limited to a period of two (2) years from the date ofapproval. The consent will lapse if the development does not commence withinthis time.

3. Fencing is to be in accordance with Council's Fencing Development ControlPlan and details of compliance are to be provided in the plans for theConstruction Certificate. 1.8m high ‘Lapped & Capped’ timber fencing (at thedevelopers expense) is considered the minimum standard required (fencing ofsome other standard will only be permitted with the consent of the respectiveadjoining property owners). Details are to be provided prior to release of theConstruction Certificate.

Standard building conditions:

4. All building works are required to be carried out in accordance with theprovisions of the Building Code of Australia.

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ITEM 4 (Continued)

5. The following mandatory inspections are to be complied with:

i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other building

elementv) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to thesubsequent stages of construction and copies of the documentary evidence areto be maintained by the Principal Certifying Authority and be made available toCouncil officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspectionsmust be carried out.

6. In addition to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the followingmeasures at each stage of construction, to ensure compliance with the approvaland Council’s Development Control Plan for Engineering StandardsDevelopment Criteria Section 5 Construction Activities:-

i) Sediment control measuresii) Tree Preservation and protection measuresiii) Security fencingiv) Materials or waste containers upon the footway or road.v) Builders signage and site toilets

7. In issuing this approval, Council has relied on the information provided by youabout the siting of the building/structure on the allotment. If this information isincorrect, it is your responsibility to correct the errors. It may be advisable toundertake a land survey prior to commencing any works.

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ITEM 4 (Continued)

8. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (Council or an accredited certifier) that the method ofTermite Protection has been provided in accordance with Part 3.1.3 of theBuilding Code of Australia and the requirements of the Australian Standard3660.1.

9. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1of theBuilding Code of Australia and the requirements of the Australian Standard3740 prior to wall tiling.

10. The construction of sanitary compartments is to comply with the requirements ofPart 3.8.3.3 of the Building Code of Australia. Closet pans in rooms that do nothave doors opening outwards or sliding must be located a minimum of 1.2 fromthe nearest part of the doorway.

11. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council if Council is not the PCA) that Fire and SmokeAlarms have been provided in accordance with 3.7.2 of the Building Code ofAustralia. Location details showing compliance are to be submitted by Councilor an accredited certifier prior to the issue of the Construction Certificate.

12. A Registered Surveyors check survey certificate, or compliance certificate, is tobe submitted to the Principal Certifying Authority (and Council if Council is notthe PCA) detailing compliance with Council’s approval at the following stages:-

i) Prior to construction of the ground floor level showing the area of the land,proposed building and the boundary setbacks and verifying that theproposed building is being constructed to the approved levels

ii) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

13. All excavated material must be removed from the site. No fill is to be placedabove the natural ground level.

14. The applicant is to submit to and have approved by Council or an accreditedcertifier engineer’s details for all concrete work and structural steelwork prior tothe issue of the Construction Certificate.

15. Perimeter of slabs to be provided with a drop-edge beam so as to provide facebrickwork from the natural ground level.

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ITEM 4 (Continued)

16. All required retaining walls are to be completed at the earliest possible stageand prior to the erection of the timber and masonry frame work. Details are tobe submitted to and approved by Council or an accredited certifier prior to theissue of the Construction Certificate.

17. The building shall be constructed to comply with Part 3.8.6 of the Building Codeof Australia (Noise Transmission and Insulation).

18. The wall separating the dwellings is to have an F.R.L. not less than 60/60/60extending to the underside of the roof cladding to comply with Part 3.7.1.8 of theBuilding Code of Australia

19. Treads, risers and balustrades to comply with Part 3.9.1 & Part 3.9.2 of theBuilding Code of Australia. Balustrading (where required) is to be a minimum1.0 metre high and any openings are not to exceed 125mm.

20. All timber framework is to comply with the requirements of Part 3.4 of theBuilding Code of Australia and A.S.1684.

21. Glass doors and all other glazing shall be installed in accordance with Table 1A

Appendix “A” of AS 1288 Glass Installation Code. 22. A security deposit is to be paid to Council (Public Facilities and Services Group)

in accordance with the requirements of Council’s Management Plan (scheduledfees) being a deposit of $4,000.00 as well as the infrastructure inspection fee inaccordance with the requirements of Council's Management Plan (scheduledfees) prior to the issue of the Construction Certificate.

23. Enforcement levy is to be paid to Council in accordance with the requirementsof Council’s Management Plan (scheduled fees).

24. Documentary evidence of payment of the Long Service Levy under Section 34of the Building and Construction Industry Long Service Payments Act 1986 is tobe received.

25. The applicant is to submit an application and pay the required fee to Council

prior to the issue of the Construction Certificate for street alignment levels forthe street crossing.

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ITEM 4 (Continued)

26. A contribution for the services in Column A and for the amount in Column Bshall be made to Council prior to the issue of the Construction Certificate.

A BPublic Space $ 33,516.00 Stormwater Drainage $ 6,663.00Administration $ 357.00Total Contribution Required $ 40,536.00

This contribution is a contribution under the provisions of Section 94 of theEnvironmental Planning and Assessment Act, 1979 as specified in Section 94Contribution Plan No. 1 (2003 Amendment) adopted by Ryde City Council on 19August 2003.

The above amount, if not paid within one calendar year of the date of this consent,shall be adjusted for inflation by reference to the “Implicit Price Deflator – GrossFixed Capital Expenditure – Total Public” index published by the Australian Bureauof Statistics (Catalogue No 5206.0) on an annual basis in accordance until suchtime as the contribution is paid.

27. Documentary evidence of compliance with Conditions 22 to 26 to thesatisfaction of Council or an accredited certifier is to be submitted to the Councilprior to the issuing of the Construction Certificate.

28. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must beobtained. Application must be made through an authorised WaterServicing Coordinator, for details see the Sydney Water web sitewww.sydneywater.com.au/customer/urban/index or telephone 13 20 92.

Following application a “Notice of Requirements” will be forwarded detailingwater and sewer extensions to be built and charges to be paid. Please makeearly contact with the Coordinator, since building of water/sewer extensions canbe time consuming and may impact on other services and building, driveway orlandscape design.

The Section 73 Certificate must be submitted to the Principal CertifyingAuthority prior to release of the linen plan/occupation of the development.

29. Documentary evidence that Energy Australia has been consulted and that theirrequirements have been met to the satisfaction of Council or an accreditedcertifier is to be obtained and submitted to Council prior to occupation of thebuilding.

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ITEM 4 (Continued)

30. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan for Engineering Standards DevelopmentCriteria Section 5 Construction Activities.

31. A site works plan must be prepared and submitted with the ConstructionCertificate for every demolition, earthworks or building works indicatingmethods of sediment and pollution control in accordance with Council’sDevelopment Control Plan for Engineering Standards Development CriteriaSection 5 Construction Activities.

32. Trees that are to remain on site are to be protected against damage duringconstruction. All mature trees to remain shall be clearly marked and a fenceerected around their drip line. A qualified person shall inspect the tree protectionmeasures and documentary evidence of tree protection measures is to besubmitted to Council prior to the issuing of the Construction Certificate.

33. In relation to demolition, all work is to be carried out in accordance with therequirements of AS2601.1991 (The Demolition of Structures).

34. Security fencing shall be provided around the perimeter of thebuilding/demolition site and precautionary measures taken to preventunauthorised entries of the site at all times during demolition and construction.

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

i) During the demolition process notices lettered in accordance with AS1319displaying the words “DANGER - DEMOLITION IN PROGRESS” or asimilar message shall be fixed to the security fencing at appropriate placesto warn the public.

ii) During the entire construction phase a sign shall be fixed on site indicatingthe builder’s or a contact person’s name and contact phone number.

36. Site toilets shall be provided in accordance with the WorkCover Code ofPractice entitled “Amenities for Construction Work”.

37. At all times work is being undertaken within a public road adequate precautionsshall be taken to warn, instruct and guide road users safely around the worksite. Traffic control devices shall satisfy the minimum standards outlined inAS1742.3-1996 “Traffic Control Devices for Work on Roads”.

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ITEM 4 (Continued)

38. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm and between 8.00am and 4pm onSaturday. No work is to be carried out on Sunday or Public Holidays.

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

40. Adequate precautions must be taken to control the emission of dust from thesite during demolition and construction work. These precautions could includeminimising soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

41. All work involving asbestos products and materials, including asbestos-cementsheeting (i.e. fibro) must be carried out in accordance with the guidelines forasbestos work published by Workcover New South Wales.

42. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), mustbe disposed of at a landfill facility licensed by the New South WalesEnvironmental Protection Authority to receive that waste. Copies of the disposaldockets must be kept by the applicant for at least 3 years and be submitted toCouncil on request.

43. Adequate arrangements must be made for the storage and disposal ofdemolition and building waste generated on the premises. In this regard thedemolishers and builders are encouraged to maximise the re-use and recyclingof materials (eg. Concrete, bricks, roof tiles, timber, doors, windows, fittings,etc.) by separating these materials from other wastes.

44. Only unpolluted water is to be discharged to Council’s stormwater drainagesystem.

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

46. All imported fill must be validated by an experienced environmental consultantto ensure that the material is virgin excavated natural material (eg. clay, gravel,sand, soil and rock) that is not mixed with any other waste and:

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ITEM 4 (Continued)

(a) has been excavated from areas that are not contaminated, as a result ofindustrial, commercial, mining or agricultural activities, with manufacturedchemicals and that does not contain sulphidic ores or soils; or

(b) consists of excavated natural materials that meet such criteria as may beapproved by the NSW Environment Protection Authority.

47. A copy of the validation report must be submitted to the Principal CertifyingAuthority (and Council, if Council is not the Principal Certifying Authority) atleast seven (7) days before the fill is imported onto the site.

48. Each load of imported fill must be accompanied by a delivery docket from thesupplier including the description and source of the fill.

49. A responsible person must be on site to receive each load of imported fill andmust examine the delivery docket and load to ensure that only virgin excavatednatural material that has been validated for use on the site is accepted.

50. The delivery dockets must be forwarded to the Principal Certifying Authoritywithin seven (7) days of receipt of the fill and must be produced to anyauthorised officer who demands to see them.

51. Compliance with any order or notice given under Section 121 of theEnvironmental Planning & Assessment Act.

52. Applicants are to satisfy themselves that no covenants exist which would restrictor prohibit the development of the land in accordance with this Consent and theconditions attached hereto.

General Engineering Conditions

53. Design and Construction Standards. All engineering plans and work shall becarried out in accordance with the requirements as outlined within Council’spublication Environmental Standards Development Criteria and relevantDevelopment Control Plans except as amended by other conditions.

54. Service Alterations: All mains, services, poles, etc., which require alterationshall be altered at the applicant’s expense.

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ITEM 4 (Continued)

55. Restoration: Public areas must be maintained in a safe condition at all times.Restoration of disturbed road and footway areas for the purpose of connectionto public utilities will be carried out by Council following submission of a permitapplication and payment of appropriate fees. Repairs of damage to any publicstormwater drainage facility will be carried out by Council following receipt ofpayment.

56. Engineering Compliance Certificates: Engineering Compliance Certificatesmust be obtained for the following works at the specified stage (If Council isappointed the PCA then the appropriate inspection fee is to be paid to Council)and submitted to the Principal Certifying Authority prior to the issue of theOccupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest.• Prior to backfilling of drainage connections to pipelines or channels in which

Council has an interest.• Prior to casting of pits and other concrete structures in which Council has an

interest including kerb & gutter, accessways, aprons, pathways, vehicularcrossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves andpublic road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations:

a) This certificate is supplied in relation to <<address of property>>.b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with theapproved plans, specifications, and the conditions of the developmentconsent.

d) I have kept a signed record of all inspections and tests undertaken duringthe works, and can supply the Principal Certifying Authority [PCA] with acopy of such records and test results if and when required.

57. Drainage Construction: The stormwater drainage on the site is to beconstructed generally in accordance with plan 03076 C1 – C3 issue ‘C’ dated 27May 2004 prepared by Cattarin & Co. Pty Limited.

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ITEM 4 (Continued)

Engineering conditions to be complied with prior to Construction Certificate

58. Driveway Grades. The maximum grade of all internal driveways and vehicularramps shall be 1 in 5 with the main section forward of garage 1 re-graded to amaximum of 16.5%. The maximum change of grade permitted is 1 in 8 and anytransition grades shall have a minimum length of 2.5m. The driveway design is toincorporate Council’s issued footpath and gutter crossing levels where they arerequired as a condition of consent. A driveway plan, longitudinal section from thecentreline of the public road to the garage floor, and any necessary cross-sectionsclearly demonstrating that the driveway complies with the above details, and thatvehicles may safely manoeuvre within the site without scraping.

59. Drainage Plans. The plans and supporting calculations of the proposed drainagesystem, including the on-site detention system and details addressing anyoverland flow from upslope properties are to be submitted with the ConstructionCertificate application.

60. On-Site Stormwater Detention Stormwater runoff from all impervious areasshall be collected and piped by gravity flow to a suitable on-site detention systemin accordance with Ryde City Council’s Stormwater Management DevelopmentControl Plan “DCP 41”. The minimum capacity of the piped drainage system shallbe equivalent to the collected runoff from a 20 year average recurrence intervalstorm event. Overland flow paths are to be provided to convey runoff when thecapacity of the piped drainage system is exceeded up to the 100 year averagerecurrence interval and direct this to the on-site detention system.

Runoff which enters the site from upstream properties should not be redirected ina manner which adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point ofdischarge in accordance with Councils Stormwater Management DevelopmentControl Plan “DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of RydeCity Council.

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ITEM 4 (Continued)

61. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across thefootpath. No drainage work shall be carried out on the footpath without thispermit being paid and a copy kept on the site.

62. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan(ESCP) shall be prepared by a suitably qualified consultant in accordance with theguidelines set out in the manual “Managing Urban Stormwater, Soils andConstruction“ prepared by the Department of Housing. These devices shall bemaintained during the construction works and replaced where considerednecessary.

The following details are to be included in drawings accompanying the Erosionand Sediment Control Plan

(a) Existing and final contours,(b) The location of all earthworks, including roads, areas of cut and fill,(c) Location of all impervious areas,(d) Location and design criteria of erosion and sediment control structures, (e) Location and description of existing vegetation,(f) Site access point/s and means of limiting material leaving the site,(g) Location of proposed vegetated buffer strips,(h) Location of critical areas (drainage lines, water bodies and unstable

slopes),(i) Location of stockpiles,(j) Means of diversion of uncontaminated upper catchment around disturbed

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

63. Traffic Management. Traffic management procedures and systems must be inplace and practised during the construction period to ensure safety andminimise the effect on adjoining pedestrian and vehicular traffic systems. Theseprocedures and systems must be in accordance with AS 1742.3 1985 andCouncil’s Development Control Plan for Construction Activities “DCP 42”.

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ITEM 4 (Continued)

64. Vehicle Footpath Crossings. Concrete footpath crossings shall beconstructed at all locations where vehicles cross the footpath, to protect it fromdamage resulting from the vehicle traffic. The location, design and constructionshall conform to the requirements of Council. Crossings are to be constructedin plain reinforced concrete and finished levels shall conform with propertyalignment levels issued by Council’s Engineering Services Division. Kerbs shallnot be returned to the alignment line. Bridge and pipe crossings will not bepermitted.

Engineering conditions to be complied with prior to Commencement ofConstruction

65. Sediment and Erosion Control. The applicant shall install appropriate sedimentcontrol devices in accordance with an approved plan prior to any earthworksbeing carried out on the site. These devices shall be maintained during theconstruction period and replaced where considered necessary. Suitable erosioncontrol management procedures shall be practiced. This condition is imposed inorder to protect downstream properties, Council's drainage system and naturalwatercourses from sediment build-up transferred by stormwater runoff from thesite.

66. Compliance Certificate. A Compliance Certificate must be obtainedconfirming that the constructed erosion and sediment control measures complywith the construction plan and Ryde City Council’s Development Control Planfor Construction Activities “DCP 42”

67. Truck Shaker. A truck shaker ramp must be provided at the construction exitpoint. Fences are to be erected to ensure vehicles cannot bypass them.Sediment tracked onto the public roadway by vehicles leaving the subject site isto be swept up immediately.

68. Temporary Footpath Crossing. A temporary footpath crossing must beprovided at the vehicular access points. It is to be 4 metres wide, made out ofsections of hardwood with chamfered ends and strapped with hoop iron, and atemporary gutter crossing must be provided.

Engineering Conditions to be complied with Prior to Occupation Certificate

69. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal CertifyingAuthority [PCA] then the appropriate inspection fee is to be paid to Council) andsubmitted to the PCA:

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ITEM 4 (Continued)

• Confirming that all vehicular footway and gutter (layback) crossings areconstructed in accordance with the construction plan requirements andRyde City Council’s Environmental Standards Development Criteria -1999.

• Confirming that the constructed driveway is constructed in accordancewith the construction plan requirements and Ryde City Council’sEnvironmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainagecomplies with AS 2890, the construction plan requirements and Ryde CityCouncil’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system (including the on-site detentionstorage system) servicing the development complies with the approvedconstruction plan requirements and Ryde City Council's StormwaterManagement Development Control Plan “DCP 41"

• Confirming that the on-site detention system will function hydraulically inaccordance with the approved design.

• Confirming that after completion of all construction work and landscaping,all areas adjacent the site, the site drainage system (including the on-sitedetention system), and the trunk drainage system immediatelydownstream of the subject site (next pit), have been cleaned of all sand,silt, old formwork, and other debris.

• Confirming that the vehicular crossing has been removed and the kerb andgutter have been constructed in accordance with Council’s EnvironmentalStandards Development Criteria

70. Disused Gutter Crossing. All disused gutter and footpath crossings shall beremoved and the kerb and footpath reinstated to the satisfaction of Council.

71. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements onthe subject property, a Certificate from a Registered Surveyor is to besubmitted to the PCA certifying that the subject drainage line/s and pitsservicing those lines lie wholly within the proposed easements.

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ITEM 4 (Continued)

72. On-Site Stormwater Detention System - Marker Plate. Each on-sitedetention system basin shall be indicated on the site by fixing a marker plate.This plate is to be of minimum size: 100mm x 75mm and is to be made fromnon-corrosive metal or 4mm thick laminated plastic. It is to be fixed in aprominent position to the nearest concrete or permanent surface or accessgrate. The wording on the marker plate is described in Council’s StormwaterManagement DCP. An approved plate may be purchased from Council'sCustomer Service Centre on presentation of a completed City of Ryde OSDcertification form.

73. Positive Covenant. The creation of a Positive Covenant under Section 88E ofthe Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems" andto the satisfaction of Council.

Engineering Conditions to be complied with Prior to Subdivision Certificate

74. 88B Instrument. The submission of an instrument under Section 88B of theConveyancing Act 1919 plus 2 copies, creating any Easements PositiveCovenants and restrictions on use, the Ryde City being the authorityempowered to release vary or modify the same

75. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5copies suitable for endorsement by the General Manager pursuant to Section327 of the Local Government Act.

76. Certification Documents. The submission of all certification as required underLocal Development Consent 482/2004 prior to the release of the SubdivisionCertificate.

77. Certification of Building Works. If Council is not the PCA then certificationthat all building works as detailed in Local Development Consent No 482/2004have been completed in accordance with that consent is to be submitted withthe application for the Subdivision Certificate.

78. On-site Stormwater Detention Certification. The submission of certificationby a suitably qualified Civil Engineer for the on-site stormwater detentionsystem, attesting the storage volume, discharge rate and satisfactory operationof the system prior to the release of the Subdivision Certificate.

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ITEM 4 (Continued)

Subdivision Conditions

79. The subdivision being carried out substantially in accordance with the designshown on the preliminary Strata Plan submitted to Council with the developmentapplication.

80. The payment of $200.00 for the approval of the final plan under the terms ofDivision 4 of Part II of the Strata Titles Act.

81. The submission of a subdivider certificate under Section 73 of the Water Board(Corporatisation) Act, 1994.

82. Compliance with any order or notice given under Section 121 of theEnvironmental Planning & Assessment Act prior to approval of the final planunder terms of Division 4 of Part of the Strata Titles Act.


Conditions relating to Energy Efficiency

84. For the purpose of child safety and energy conservation all new or replacementhot water systems shall include a mixing device/valve that will deliver hot waterto a maximum 500 C at the outlet of all taps, shower roses and the like inbathrooms, ensuites and similar areas used for personal hygiene.

85. For the purpose of water conservation the following shall be carried out inaccordance with the manufacturers specifications:

(a) Water closets installed within the building are to have a maximum 6/3litre dual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices;and

(c) Shower heads, toilets and aerators on bathrooms and kitchen handbasins and sinks shall be at least AAA rated water efficient.

86. A hot water system with a minimum 3.5 star Greenhouse score is to be providedfor each dwelling. Hot water pipes should be appropriately insulated.

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ITEM 4 (Continued)

87. R.3.0 or equivalent insulation is to be installed to ceilings under the roof area. R1.5or equivalent insulation is to be installed in walls (cavity walls excepted).

Crime Prevention Conditions.

88. Where security lighting is provided within the development, it should notilluminate observers or vantage points. Light should be projected outwardstowards pathways and gates, not towards windows and doors. Passingmotorists, police and pedestrians will be the likely observers.

RTA Conditions

89. The design and construction of the gutter crossing shall be in accordance withRTA requirements. (Note: Details of these requirements should be obtainedfrom RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Ph02 8814 2144))

90. Any redundant driveways along the Rutledge Street frontage of the subject siteare to be removed and kerb and gutter (Type SA) reinstated to match existing.

91. All works associated with the development are to be at no cost to the RTA.

92. Suitable provision is to be made on-site for construction vehicles and the like, toalleviate any need for these vehicles to park on Rutledge Street.

93. The layout of the car parking areas associated with the subject development(including driveways, turn paths, aisle widths, grades, sight distancerequirements, and parking bay dimensions) should be in accordance with AS2890.1-2004.

Local Traffic Committee

94. The development is to provide a 6m wide driveway off Rutledge Street in lieu ofthe 5m driveway indicated on the plans.

Waste Management

95. The provisions of the approved Waste Management Plan are to be adhered toat all times.

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ITEM 4 (Continued)

Road Traffic Noise

96. The acoustic measures outlined in the Noise Assessment submitted with theapplication are to be incorporated into the development. Plans andspecifications submitted with the Construction Certificate are to indicate anyacoustic measures required.

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia

1. All building work ( other than work relating to the temporary building ) mustbe carried out in accordance with the requirements of the Building Code ofAustralia ( as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made).

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

1. Residential Building Work

1) Building work that involves residential building work (within the meaning ofthe Home Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:

a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name andcontractor licence number, and

ii) is satisfied that the licensee had complied with the requirementsof Part 6 of the Act; or

b) the case of work to be done by any other person:

i) has been informed in writing of the persons name and owner-builder permit number; or

CITY OF RYDE


ITEM 4 (Continued)

ii) has been given a declaration, signed by the owner of the land,that states that the reasonable market cost of the labour andmaterials involved in the work is less than the amount prescribedfor the purposes of the definition of “owner builder work” inSection 29 of that Act, and is given appropriate information anddeclarations under paragraphs (a) and (b) wheneverarrangements for the doing of work are changed in such amanner as to render out of date any information or declarationpreviously given under either of those paragraphs.

A certificate purporting to be used by an approved insurer under Part 6 of theHome Building Act 1989 that states that a person is the holder of an insurancepolicy issued for the purposes of that Part is, for the purpose of this clause,sufficient evidence that the person has complied with the requirements of thatPart.

2. Excavations and backfilling

i) All excavations and backfill associated with the erection or demolition ofa building must be executed safely and in accordance with appropriateprofessional standards.

ii) All excavations associated with the erection or demolition of a buildingmust be properly guarded and protected to prevent them from beingdangerous to life or property.

3. Retaining walls and drainage

If the soil conditions require it:

i) retaining walls associated with the erection or demolition of a building orother approved methods of preventing movement of the soil must beprovided, and

ii) adequate provision must be made for drainage

4. Support for neighbouring buildings


1) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on anadjoining allotment of and, the person causing the excavation to be made:

CITY OF RYDE


ITEM 4 (Continued)

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

manner, andc) must, at least 7 days before excavating below the levels of the footings

of a building on an adjoining allotment of land, give notice of intention todo so to the owner of the adjoining allotment of land and furnishparticulars of the excavation to the owner of the building being erectedor demolished.

2) The owner of the adjoining allotment of land is not liable for any part of thecost of work carried out for the purposes of this clause, whether carried outon the allotment of land being excavated or on an adjoining allotment ofland.

In this clause, “allotment of land” includes a public road and any otherpublic place.

6. Protection of Public Places

1) If the work involved in the erection or demolition of a building:

a) is likely to cause pedestrian or vehicular traffic in a public place to beobstructed or rendered inconvenient, or

b) building involves the enclosure of a public place, a hoarding or fencemust be erected between the work site and the public place.

2) If necessary, an awning is to be erected, sufficient to prevent anysubstance from, or in connection with, the work falling into the public place.

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

4) Any such hoarding, fence or awning is to be removed when the work hasbeen completed.

7. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Act, 1979 are to be complied with:-

i) A Construction Certificate is to be obtained in accordance with Section81A (2)(a) of the Environmental Planning and Assessment Act.

CITY OF RYDE


ITEM 4 (Continued)

ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of theAct and Form 7 of Schedule 1 to the Environmental Planning andAssessment Regulation 2000.

iii) Council is to be notified at least two (2) days of the intention to commencebuilding works, in accordance with Section 81A (2)(c) of the Act and Form7 of Schedule 1 to the Environmental Planning and AssessmentRegulation 2000.

8. The applicant may apply to the Council or an accredited certifier for the issuingof a Construction Certificate and to be Council or an accredited certifier tomonitor compliance with the approval and issue any relevant documentaryevidence or certificate/s.

Council Officers can provide these services and further information can beobtained from Council by telephoning 9952 8222 (Customer Services).

9. The applicant is advised that the Construction Certificate plans and

specifications must comply with the provisions of the Building Code of Australiaand details of compliance with the Building Code of Australia are to be providedin the Construction Certificate plans and specifications.

10. City of Ryde will not accept the Construction Certificate without evidence ofHome Owners Warranty / Owner Builder’s Permit being submitted to Council.

11. Energy Australia: Underground and overhead electric cables may exist in thisarea. In your own interest and for safety, telephone Energy Australia on 131525 before excavating or erecting structures.

12. Telephone Installations: Conduits with draw in wires should be laid in concretefloors to the points where telephone services are required. Consult the localTelecommunications Sales Office for advice.

13. Australia Post: Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

(b) That the persons who made submissions be advised of the decision.


CITY OF RYDE


ITEM 4 (Continued) Indicates submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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CITY OF RYDE


ITEM 4 (Continued)

CITY OF RYDE


ITEM 5

11 - 13 CLANALPINE STREET & 14 TRELAWNEY STREET, EASTWOOD. Lot: 55& 56 DP: 4231, Lot: 1 DP: 936251. Local Development Application forDemolition, Construction of 4x2 & 5x3-Bedroom Villas & Strata Subdivision.LDA 499/2004. Applicant: ETO Pty Ltd.



FILE NO: LDA04/499

EXECUTIVE SUMMARY

This report considers a development application involving the erection of an urbanhousing development (villas). It is proposed to demolish a dwelling house and theformer St. Edmund’s Private Hospital buildings in order to construct 4x2-bedroom and5x3-bedroom villas and strata subdivision.

The site results from a 2-lot subdivision proposal considered within LDA 481/2004(Item 3). Another urban housing development (LDA 482/2004) is proposed for theremaining lot, fronting Rutledge Street. Item 4 provides a detailed assessment of thatproposal. Councillors should consider items 3, 4 and 5 together.

The proposal generally complies with the requirements applying to urban housingdevelopments contained within Clause 56A of the Ryde Planning Scheme andDevelopment Control Plan No. 21A. A minor non-compliance exists in relation to thesite coverage (taken to be measured at roof level not the walls). This is a minor areaof non-compliance (less than 5%) that has resulted from the current prohibition on 2-storey component at the front of the site. Other villa developments have beenapproved with site coverage variations that do not exceed 5%.

Notice of the proposed development was given to local residents living in a wide areasurrounding the subject site. The notification was in accordance with Council’sNotification DCP and two submissions were received. These submissions have notraised any significant concerns with the development. The points raised in eachsubmission are considered in more detail in the body of the report.

It is recommended that the proposal be approved, subject to conditions of consent.

Reason for Referral to Development Committee: Nature of development andsubmissions received.

CITY OF RYDE


ITEM 5 (Continued)


Address : 11-13 Clanalpine St & 14 Trelawney St, Eastwood

Site Area : 2,901m2

Frontage : 40.235m (Clanalpine St) 24.98m (Trelawney Street)

Topography andVegetation : The land slopes away from Clanalpine Street to the

northeastern corner of the site. The developmentapplication states that the site has a grade ofapproximately 1 in 11 or 9%.

There are several trees located on the site, howeverthese are mostly confined to the site perimeter.

Existing Buildings : A single storey brick dwelling house and garage standsupon No. 14 Trelawney Street.

The former St. Edmund’s Private Hospital building, whichessentially consists of 2 Federation style dwellings andrecent accretions, occupies the site at No. 11-13Clanalpine Street.

PLANNING CONTROLS:

Zoning : Residential 2(a) Other : Ryde Planning Scheme Ordinance

SEPP 55 – Remediation of LandSEPP (Building Sustainability Index BASIX) DCP 21A – Urban Housing DCP 27 – Waste Minimisation & Management DCP 29A – Car Parking DCP 37 – Access for People with Disabilities DCP 45A – Energy Smart/Water Wise Section 94 Contributions Plan No. 1 (2003 Amendment) Subdivision Code

CITY OF RYDE


ITEM 5 (Continued)

PROPOSAL:

The proposed development involves the demolition of the dwelling houses and otherstructures currently standing on the site.

Construction of a villa home development consisting of 5 x 3-bedroom and 4 x 2-bedroom dwellings with parking for 17 vehicles.

Consent is sought for the strata-title subdivision of the completed development into 9lots under the provisions of the Strata Title (Freehold Development) Act 1973.

HISTORY:

A search of Council’s records found numerous applications for alterations andadditions to St. Edmund’s Private Hospital approved between 1993 and 2000.

LDA 771/2001, a proposal for a health centre, was submitted to Council in August2001 and subsequently refused by Council in March 2002. An appeal to the Land& Environment Court upheld Council’s refusal.

LDA 619/2002 a proposal for a health centre, was submitted to Council in June2002 and subsequently refused by Council in December 2002.

LDA 222/2003, a proposal for a health centre, was submitted to Council in March2003 and subsequently withdrawn by the applicant in May 2003.

Pre-lodgment meeting with Client Management on 22 May 2003 in relation to a 2-storey proposal.

A second pre-lodgment meeting with Client Management on 22 April 2004 inrelation to the current proposal.

LDA 499/2004 submitted 8 June 2004.

Notification of proposal to adjoining residents between 25 June and 17 July 2004.

CITY OF RYDE


ITEM 5 (Continued)

REFERRALS:

Development Engineer: 26 July 2004:

“From an Engineering perspective, there are no objections to approval of thisapplication, subject to full design details being submitted and approved, prior to aConstruction Certificate being issued. The attached conditions of consent should beplaced on any development consent issued”

Landscape Architect: 16 September 2004:

“This part of the development contains buildings and grounds from St Edmundshospital fronting Clanalpine St, and a detached dwelling fronting Trelawney St. (Thisapplication has been lodged in association with LDA 482/04 which includes that partof the development fronting Rutledge St.). The gardens contain little in the way ofsignificant vegetation, and none of the existing trees are marked for retention (withthe exception of a few bottlebrush on the eastern boundary).

Trees to be removed include a Eucalyptus, a Camphor, and a palm grove and astand of cypresses, which occur on the Trelawney St lot. There is also a Camphorgrowing on the eastern boundary of the site, which is marked for removal, however itappears the tree is growing on the neighbour’s property, and until the ownership ofthe tree is confirmed, it should be retained (despite being exempt under Council’sTPO)”. Heritage Officer: 19 July 2004: As there are several heritage items in the vicinity ofthe subject site, the proposal was referred to Council’s Heritage Officer for comment.The response from the Heritage Officer is repeated below:

“The subject cottages are part of the former St Edmund’s Private Hospital. Thecottages have been highly modified with rear extensions and retain only the form oftheir early twentieth Century construction to the street frontage. In contrast thecottage at No. 14 Trelawney Street, an Arts and Crafts style dwelling with roughcaste render, appears to be considerably intact. It is an unusual style of cottage in thearea and has a fine clump of palms adjacent to the entrance that contributes to theoverall ambience of the property. Unfortunately its context is eroded with a villa homedevelopment on the corner of Trelawney Street and Clanalpine Street, and a lateTwentieth Century dwelling on a subdivided allotment to the north. Clanalpine Streetcontains many good and intact examples of Federation Cottages, which contribute tothe special character of the street. There are some exceptions but generally, exceptfor the eastern end near West Parade, the quality of the streetscape warrantsretention of the existing cottages.

CITY OF RYDE


ITEM 5 (Continued)

Demolition of the subject cottages is acceptable but a basic photographic recording ofNo. 14 Trelawney Street should be undertaken prior to any work on the site. Similarly,the palm should be professionally assessed and removed to an appropriate locationon the site, possibly the Clanalpine Street frontage. The design of the villa homes isconsistent with the scale and form of the immediate area.

Recommendation: The proposal complies with the heritage provisions of the RydePlanning Scheme Ordinance and is unlikely to impact on the cultural significance ofthe heritage item at 26 Clanalpine Street. It is therefore recommended that theproposal be approved subject to the following conditions:

(a) That a basic photographic recording of the cottage at No. 14 Trelawney Street isundertaken prior to any work on the site; and

(b) That the clump of palms be assessed by a horticulturalist in regards to itsimportance.

Traffic Engineer: 19 August 2004: This application was considered by the RydeLocal Traffic Committee. The Committee adopted the following resolution:-

(a) That, on traffic and parking grounds, no objections to the villa development atNo. 14 Trelawney Street and 11-13 Clanalpine Street

(b) That the developer provide visitor parking in accordance with DCP 21A

(c) That a 6 metre wide driveway being provided in lieu of the 5 metre widedriveway in Trelawney Street.



Section 79C(1)(a) Provisions of Environmental Planning Instruments:


Zoning

The subject site is zoned Residential 2(a) under the provisions of Ryde PlanningScheme Ordinance. The proposed villa development is permissible with Council’sconsent.

CITY OF RYDE


ITEM 5 (Continued)


Clause 56A of the Ryde Planning Scheme Ordinance contains various numericalrequirements for villa style developments. The table below shows how the proposalcomplies with these requirements:

Ryde Planning SchemeOrdinance Proposal Compliance

Density 1 dwelling per 300m2 [Clause 56A(3)(a)]

2,901m2 for 9 villas (322m2 per dwelling). Yes

Landscaping 120m2 / dwelling [Clause 56A(3)(b)]

Total landscaped area1,206m2 for 9 villas. (134m2 per dwelling).

Yes

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of State Environmental Planning Policy No. 55 – Remediation of Landapply to this land.

Council has a statutory obligation to firstly consider whether the land is contaminated,and if it is contaminated, whether it needs to be remediated in order to be suitable forthe intended purpose. If remediation works are required, Council must ensure thatthose remediation works are carried out before the development occurs.

In considering whether the site is contaminated, this assessment has considered theSEPP 55 Planning Guidelines and Council’s register of development consents. Giventhe previous residential/hospital use of the site, it is considered that there is nohistory of contaminating activities on the land. Accordingly, it is reasonable forCouncil to take the view that the land is not contaminated and does not require anyremediation work in order to be suitable for the intended residential villa development.

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

The provisions of State Environmental Planning Policy (Building Sustainability IndexBASIX) 2004 are now in force. The requirement for a BASIX certificate does notapply in this instance as the provisions relating to multi-unit developments have notcommenced.

CITY OF RYDE


ITEM 5 (Continued)

Development Control Plan No. 21A – Urban Housing

Development Control Plan No. 21A – Urban Housing (“DCP 21A”), which becameeffective on 16 October 2002, applies to this proposal.

The proposed development has been assessed against the provisions containedwithin the development control plan. The following table presents a summary of theproposal against the DCP requirements:-


Part 2 – SiteRequirements

Site Analysis – EachDevelopment Applicationmust be accompanied by asite analysis.

A site analysis plan(Drawing 1 of 3) has beensubmitted with thedevelopment application.

Yes

Minimum Allotment Size– Allotments should have afrontage to a road of notless than 20 metres andarea not less than 600m2.

The subject site has afrontage of 40.235m toClanalpine Street and20.24.98 to TrelawneyStreet.

The total area of the site is2,901m2.

Yes

Non-Preferred Locations– Approval will only begranted where Council issatisfied that the site issuited for this form of moreintense residentialdevelopment (i.e. land isaffected by overland flow).

The subject site is not anon-preferred location.

Yes

CITY OF RYDE


ITEM 5 (Continued)


Part 2 – Site Requirements(cont.)

Retention of ExistingDwellings – Council willonly consider proposals thatretain an existing dwellingwhere it involves a heritagesignificant building

No existing buildings willbe retained.

Yes

Part 3 – Building Form

Appearance – The floor toceiling height must not beless than 2.7m.

A minimum floor to ceilingheight of 2.7m has beenproposed throughout theentire development.

Yes

Roof shape – Roofs shouldgenerally be pitchedbetween 22-30 degreeswhere visible from publicareas or streets.

The proposed roof form,involving a 30-degreeroof pitch, is acceptable.

Yes

All roofs should incorporateoverhang eaves of at least300mm and whereappropriate verandahs.

300mm wide overhangingeaves are proposed.

Yes

The use of gables frontingthe street, is required to addfurther interest to thestreetscape. Hipped roofswill generally not bepermitted.

Gables have beenprovided at the front ofthe building.

Yes

CITY OF RYDE


ITEM 5 (Continued)



Fences – Low open frontfences are traditionally usedthroughout Ryde. Frontfences must not be higherthan 1.2m and must be atleast 70% visually permeable.

A front fence toRutledge Street isproposed.

Yes

Materials – the exterior wallsshould use materialsconsistent, in both form andcolour, with the traditionalmaterials of the locality.Roofs should use materialsconsistent with the traditionalmaterials of the street.

The external roof andwall materials areconsidered acceptable.

Yes

Density & Site Coverage –The maximum densityallowed is:-



• 1 x 4-br dwelling per365m2

The currentconfiguration of theproposal requires asite area of 2,850m2.

The subject site has anarea of 2,901m2.

Yes

Site coverage must notexceed 40% (1,160m2)

44.8% (1,301m2) No

Permeable area of the sitemust not be less than 35%(1,015m2)

41.5% (1,206m2) Yes

CITY OF RYDE


ITEM 5 (Continued)



Minimum private openspace requirements are:

• 30m2 for 2-brdwelling

• 35m2 for 3 ormore-br dwelling.

All of these areas musthave a minimumdimension of 4 metres.

Courtyard areas are asfollows:

Villa 1: 47m2

Villa 2: 58m2

Villa 3: 80m2

Villa 4: 49m2

Villa 5: 46m2

Villa 6: 84m2

Villa 7: 97m2

Villa 8: 126m2

Villa 9: 128m2

All villas have a minimumdimension of 4m.

Yes

Type and number ofdwellings – Indevelopmentscontaining 4 or moredwellings not more than50% of dwellings shouldhave the same numberof bedrooms.

This provision applies tothis development as 9villas are proposed.

The mix of dwellings is asfollows:

4 x 2-bedroom (44%) 5 x 3-bedroom (55%)

No

No development shouldcontain more than 12dwellings.

9 dwellings are proposed.

Yes

CITY OF RYDE


ITEM 5 (Continued)


Part 4 – Site Planning

Sites which have a crossslope may not be suitable forurban housing as dwellingswill be higher than adjoiningproperties and lead toadverse impacts on privacy ofother properties.

Sites which slope across thesite where new dwellings,outside the establishedbuilding zone, have floorlevels more than 1 metrehigher than adjoiningproperties or with a gradientof more than 1:6 will not beacceptable.

The existing slope ofthe land isconsideredacceptable in termsof the height of thevillas and anyoverlooking impacts.

Yes

Altering levels of the site –The levels of the site shouldnot be altered by more than300mm. Fill should not bebrought onto the site.

The proposal doesnot proposedaltering the level ofthe site by morethan 300mm.

Yes

CITY OF RYDE


ITEM 5 (Continued)



Council may vary thisstandard if it is satisfiedthat the existingstreetscape is likely tochange. In this situation,the setback must not beless than 7.5m for 50%of the frontage and notless than 6.5m for 50%of the frontage.

The applicant hasprovided an analysis ofthe building setbacks onthe northern side ofClanalpine Street. Thesetback is consistent withthe adjoining DualOccupancy and the newSEPP 5 Aged PersonsDevelopment to the east.

Villa 1 – 6.5m & 7.5m

Villa 6 – 6.5m & 7.5m

Yes

Side and rear setbacks– the walls of thebuildings must not beless than 4.5m from sideand rear boundaries. Topromote variation andinterest in design,Council may allow up to50% of the wall of anyvilla to be less than 3metres from the site andrear boundary.

The side and rearsetbacks for the villascomply with the 4.5m and3.0m requirements.

Yes

Where vehicular accessis provided within thisarea, the minimumsetback shall be 6metres.

The proposal does notprovide a driveway withinthe side boundarysetback.

Yes

CITY OF RYDE


ITEM 5 (Continued)



Building Height Limit –Buildings outside theestablished height zone mustnot be more than 1 storeyand 4 metres in height.

The proposal is singlestorey in height.

Yes

Overshadowing and accessto sunlight – sunlight to atleast 50% of the principalarea of ground level privateopen space of adjacentproperties must not bereduced to less than twohours between 9am and 3pmon June 21.

Adequate solar accessis proposed through thedevelopment.

Yes

Landscaping – Existing treesshould be retained. Buildingsand other structures must belocated sufficient distancefrom proposed and existingtrees to ensure the longevityof the tree. The minimumdistance from a building to aproposed or existing tree is 3metres.

The proposal proposesto retain those trees onthe site that are deemedworth of retention andcan be incorporated intothe future development.

Yes

Privacy planting –Landscape strips provided forprivacy purposes must not beless than 1.2 metres wide.

Where provided,landscape strips thatprovide privacy have aminimum width of 1.2m.

Yes

CITY OF RYDE


ITEM 5 (Continued)



A landscaping strip ofnot less than 1 metremust be providedbetween the drivewayand the wall of thedwellings.

1m wide landscapingstrips are proposedbetween the buildingsand the driveway.

Yes

Non-compliances and Variations from the DCP:

1. Site Coverage: The provisions of DCP 21A require that site coverage shouldbe measured from the roof/eaves of the building and maximum site coverage of40% applies. In the case of the subject site, the maximum site coverage allowedis 1,160m2.

The proposed development has a site coverage of 1,301m2 or 44.8%.

Many applicants have found that compliance with the 40% requirement isdifficult to achieve even though they meet the density and setback controls. When the provisions of Draft LEP 129 come into force, villa developments willbe permitted to include a 2-storey component (townhouse) at the front of thesite. This will overcome the difficulty in achieving the 40% site coverage.

It is reasonable for Council to accept minor variations to the 40% site coveragerequirement until the provisions of Draft LEP 129 come into force. The proposed4.8% non-compliance is considered reasonable under these circumstances.

2. Car Wash Bay: Council’s DCP 21A requires that for developments of morethan 4 dwellings, a dedicated car wash bay should be provided with taps andconnected to the sewer. The requirements of Sydney Water for wash baysconnected to the sewer, is that they must be roofed to prevent stormwaterentering the sewer network. From a practical point of view this would result inunsightly carport structures within these developments. Given the current waterrestrictions and the widespread preference for car wash cafes, the provision of acar wash bay in this development is not supported.

CITY OF RYDE


ITEM 5 (Continued)

3. Visitor Parking: The provisions of DCP 21A require 1 visitor space for every 2dwellings. In this instance a total of five (5) spaces are required. This is actuallytwice the rate for visitor parking that is required by the Ryde Planning SchemeOrdinance (“RPSO”). As the RPSO is the relevant statutory planning instrument,it takes precedence over the provisions contained within a DCP. The provisionof three (3) spaces is a satisfactory level of visitor carparking.

4. Front Setback: The front setback provided to Clanalpine Street has beenassessed against the requirements of Clause 4.3 of DCP 21A. The DCP gives3 methods for calculating front building setbacks.

The first applies where the setbacks of the 2 adjoining buildings vary by lessthan 2m. In this case, the setbacks of the 2 adjoining buildings differ by 8m.Accordingly, the first method cannot be used.

The second applies in situations where the setbacks of the 2 adjoiningbuildings is greater than 2m. In these situations, the proposed building shouldbe setback an average of the 2 setbacks. The average of the 2 setbacks is10m.

The third method for calculating the front set back applies where thestreetscape is likely to change. In this instance, the street setback isundergoing change with a dual occupancy to the west having a 6m setback, anew aged persons housing development at 5 Clanalpine Street having a frontsetback of 7.5m and a new church to the east a setback of 9m. Given theextend of change in the street, the 6.5 and 7.5m setback is consideredappropriate under the circumstances.

Development Control Plan No. 27 – Waste Minimisation & Management

Development Control Plan No. 27 – Waste Management & Minimisation (“DCP 27”),which became effective on 7 March 2001, applies to this proposal.

A Waste Management Plan, prepared in accordance with the requirements set out inDCP 27, has been submitted with the development application. This plan isconsidered satisfactory and the provisions contained within the plans will be enforcedby way of a condition of consent (see condition 43).

Development Control Plan No. 29A – Car Parking

The proposed development provides parking for both residents and their visitors inaccordance with the requirements of DCP 29A. This is a total of 9 spaces forresident’s vehicles and 2 spaces for visitor’s vehicles.

CITY OF RYDE


ITEM 5 (Continued)

Development Control Plan No. 37 – Access for People with Disabilities

The requirement of this development control plan that applies to the proposeddevelopment is “the provision of an accessible path of travel from the street to andthrough the front door where the level of the land permits”.

The applicant has provided Council with an Access Statement in response to theaccessibility requirements contained within the DCP. The relevant section of thisaccess statement is as follows:-

“As can be seen from the site and ground floor plans, driveway levels have been set sothat at no point do they exceed a maximum grade of 1:14 (or 7%), ensuring thatpedestrian access is possible along the entire length of the common driveway, to theparking spaces at the rear, and to each of the unit’s front porch area.

Five of the seven units fronting Clanalpine Street (Units 1, 2, 3, 4 and 7) have access tothe indoor, and outdoor areas, using a continuous path of travel, which will not exceed agrade of 1:14 (or 7%). The remaining two units have two steps at the front porchthreshold, as shown.

Units 8 and 9, fronting Trelawney Street, have also been designed so that access to theindoor/outdoor areas is possible, using a continuous path of travel not exceeding 1:14(or 7%).

The proposed access arrangements are considered satisfactory and achieve theintent of Council’s DCP.


The proposal involves stormwater being collected and conveyed to the proposedbelow ground on-site detention tank that discharges to Council’s kerb and gutter inRutledge Street via a 1.5m wide drainage easement over the property at No. 4Rutledge Street.

The drainage plans also show a proposed 1.2m wide drainage easement to drainwater to bypass the catchment with the added intention of collecting any overflowfrom the upstream catchment.

Council’s Development Engineer has assessed the proposal against therequirements of DCP 41 and advised that the proposal is satisfactory. Appropriateconditions of consent have been provided to ensure the development complies withaccepted engineering standards (see conditions 57, 59 & 60).

CITY OF RYDE


ITEM 5 (Continued)

Development Control Plan No. 45A – Energy Smart/Water Wise

A NatHERS energy rating has been provided with the development application. Theresults are as follows:

Dwelling Star Rating

Villa 1 3.5 starsVilla 2 4 starsVilla 3 4.5 starsVilla 4 3.5 starsVilla 5 4 starsVilla 6 4 starsVilla 7 3.5 starsVilla 8 4.5 starsVilla 9 4 stars

The DCP requires a minimum rating of 3 stars for each dwelling. All of the proposeddwellings comply with this DCP. Condition 87-90 requires the installation of energyefficiency fixtures and fittings.

Draft Local Environmental Plan No. 129 – Urban Housing

A modified version of Draft Ryde Local Environmental Plan No. 129 has been placedon public exhibition, pursuant to Section 66 of the Environmental Planning andAssessment Act 1979.

The exhibition of the LEP runs between 15 September and 15 October 2004.

The DLEP amends the definitions of height and storey and introduces definitions fornatural ground level and urban housing. The proposed development complies withthe new height definition and is consistent with all other relevant provisions containedwithin DLEP 129.

Section 94 Contributions Plan No. 1 (2003 Amendment)

As a credit has been given for the existing dwellings on the site, the total contributionpayable is based upon the total net increase in population as a result of the proposedvilla development.

The contributions that are payable with respect to the 6 proposed dwellings are asfollows:

CITY OF RYDE


ITEM 5 (Continued) Contribution Plan Contributions

for 9 Villas Credit forExistingDwelling/s

Total ContributionPayable

Public Space $65,061 $29,574 $35,487

Drainage $12,933 $5,877 $7,056

Administration $693 $315 $378

Total $78,687 $35,766 $42,921

A condition requiring the payment of a Section 94 contribution for the amount of$42,921 has been included in the recommendation of this report (see condition 26).

Subdivision Code

There are no specific requirements for Strata Title subdivision contained withinCouncil’s Subdivision Code. Appropriate conditions of consent have beenrecommended to ensure that the subdivided development is satisfactory (seeconditions 78 – 79 & 82-86).

Section 79C(1)(b) Likely impacts of the Development

Built Environment

Context and Setting

The subject site is situated on the northern side of Clanalpine Street betweenTrelawney Street and Chatham Road. Most of the buildings in the vicinity of the siteare generally single storey in height and have a scale that is compatible with theproposed development.

The “Outlook Estate” heritage area and surrounding contiguous areas are located tothe south of the subject property.

Access and Traffic

The Ryde Local Traffic Committee considered this proposal at its meeting on 19August 2004. Council’s Traffic Engineer has advised that no objection was raisedfrom a traffic perspective.

CITY OF RYDE


ITEM 5 (Continued)

All parking spaces within the main part of the development have been designed insuch a manner that vehicles will be capable of manoeuvring so as to exit the site ontoClanalpine Street in a forward direction.

The 2 villas facing Trelawney Street have been considered as if they were a pair ofstand-alone villas. Generally, in cases where 2 villas are proposed no visitorsparking is required and vehicles are not required to exit the site in a forward direction. This approach is consistent with way Council normally deals with other villadevelopments containing only 2 dwellings.

Privacy

The design of the proposed villa development respects the privacy of the adjoiningresidents. The floor level of each villa has been kept as low as possible to avoidoverlooking into the adjoining properties. Landscaping strips have been providedalong the southern and eastern boundaries to provide a landscape buffer betweenthe future occupants of the villas and the adjoining residents. The proposeddevelopment does not result in any adverse privacy impacts to adjoining residents orto the children in the adjoining pre-school.

Crime Prevention

The development has a reasonable level of passive surveillance of common areashowever standard crime prevention conditions should be imposed to provide anadequate level of security for future residents (see condition 91)

Natural Environment

Previous urban development on this site has resulted in the removal of all naturalflora or fauna. In addition, there are no natural landscapes such as waterways orbushland in the vicinity of the site. Accordingly, the proposed development will nothave any impact upon the natural environment.

Section 79C(1)(c) Suitability of the site for the development

Having regard to the site analysis submitted with the development application andCouncil’s property information system, there are no significant site constraints thatwould render the site unsuitable for the proposed villa development.


The proposal was advertised and notified in accordance with Council’s DevelopmentControl Plan for Notification. The application was advertised in the press dated 23June 2004. Notification of the proposal was for a period exceeding 14 days between25 June until 17 July 2004.

CITY OF RYDE


ITEM 5 (Continued)

During the notification period 4 submissions were received. The issues raised in thesubmissions were;

1. The development should retain and restore the existing houses on the site togive a continuation to the pleasant streetscape.

Comment: Retention of existing dwellings and the construction of villas at therear is not allowed under DCP 21A unless there is special heritage reasons thatrequire the dwelling to be maintained. In this case, the existing dwellings are ina poor condition and it would not be practical to retain them. The new villashave an attractive appearance and will provide a positive improvement to thestreetscape.

2. The impact of the development on the landscaping and trees found on theadjoining properties.

Comment: Trees and other vegetation on adjoining properties cannot beimpacted by proposed development. All works including removal of trees andother vegetation must be confined to the subject site. A condition of consentstating this is recommended (see condition 92).

3. The replacement of boundary fencing and the impact on the adjoiningowners/occupiers.

Comment: A condition of consent relating to the replacement of boundaryfencing is recommended (see condition 92).

4. An adjoining owner has raised concern relating to landscaping impacting uponsolar access to their main area of private open space.

Comment: The landscape plan indicates that the trees in question areBlueberry Ash, which reach a height of 6m at maturity. The property affected islocated on the southern side of the proposed development therefore it is likelythat the solar access provided to this courtyard will be reduced by the plantingof these large trees. The landscaping along the common boundary to units 4and 5 should be amended to reflect this valid concern (see condition 92).

5. Submission advising relief at the way the development has been conceptualisedand the sensitivity to the residents adjoining the development. No objection tothe plans and request assurance from the developer that the shrubs on thefence line that adjoins our property do not rise beyond the height of the commonfence.

CITY OF RYDE


ITEM 5 (Continued)

Comment: As stated above, the landscaping along the northern boundary (unit9) to the adjoining dwelling to the south should be reviewed to ensure solaraccess to the principal area of private open space. The landscaping along thecommon boundary to unit 9 should be amended to reflect this valid concern(see condition 92).


The following matters are listed within the DIPNR Guide to Section 79C as mattersfor consideration under the Public Interest:

• Federal and State Government policy statements,• relevant planning studies and strategies, • management plans, planning guideline or advisory documents• covenants, easements or agreements affecting the proposal, and • relevant issues raised in public meetings and inquiries.

Having regard to the above list, the proposed villa development is acceptable interms of the public interest.

CONCLUSION:

This assessment has found the proposed urban housing development to generallycomply with the requirements of Development Control Plan No. 21A and the controlsapplicable under the Ryde Planning Scheme Ordinance.

The submissions received from adjoining residents are generally very supportive ofthe proposed development. The issues raised are minor relating to landscaping andseeking clarification on traffic issues. There are no unresolved objections.

Having regard to the scale and density of surrounding development, it is consideredthat the proposal is an appropriate form of development for the subject site.

RECOMMENDATION:

(a) That Local Development Application No.499/2004 for the erection of an urbanhousing development and strata title subdivision at 11-13 Clanalpine Street and 14Trelawney Street, Eastwood (being Lots: 55 and 56 DP: 4231 and Lot: 1 DP:936251) be approved subject to the following conditions;

CITY OF RYDE


ITEM 5 (Continued)

1. Development is to be carried out substantially in accordance with plans A11697Sheets 1, 2, and 3 issue B, dated April 2004 and drawn by A & N Design PtyLimited and supporting information submitted with the development application,except where amended in the following conditions.

2. The term of this Consent is limited to a period of two (2) years from the date ofapproval. The consent will lapse if the development does not commence withinthis time.

3. Fencing is to be in accordance with Council's Fencing Development ControlPlan and details of compliance are to be provided in the plans for theConstruction Certificate. 1.8m high ‘Lapped & Capped’ timber fencing (at the developers expense) is considered the minimum standard required (fencing ofsome other standard will only be permitted with the consent of the respectiveadjoining property owners). Details are to be provided prior to release of theConstruction Certificate.

Standard building conditions:

4. All building works are required to be carried out in accordance with theprovisions of the Building Code of Australia.

5. The following mandatory inspections are to be complied with:

i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other building

elementv) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to thesubsequent stages of construction and copies of the documentary evidence areto be maintained by the Principal Certifying Authority and be made available toCouncil officers upon request.

CITY OF RYDE


ITEM 5 (Continued)

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspectionsmust be carried out.

6. In addition to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the followingmeasures at each stage of construction, to ensure compliance with the approvaland Council’s Development Control Plan for Engineering StandardsDevelopment Criteria Section 5 Construction Activities:-

i) Sediment control measuresii) Tree Preservation and protection measuresiii) Security fencingiv) Materials or waste containers upon the footway or road.v) Builders signage and site toilets

7. In issuing this approval, Council has relied on the information provided by youabout the siting of the building/structure on the allotment. If this information isincorrect, it is your responsibility to correct the errors. It may be advisable toundertake a land survey prior to commencing any works.

8. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (Council or an accredited certifier) that the method ofTermite Protection has been provided in accordance with Part 3.1.3 of theBuilding Code of Australia and the requirements of the Australian Standard3660.1.

9. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1of theBuilding Code of Australia and the requirements of the Australian Standard3740 prior to wall tiling.

10. The construction of sanitary compartments is to comply with the requirements ofPart 3.8.3.3 of the Building Code of Australia. Closet pans in rooms that do nothave doors opening outwards or sliding must be located a minimum of 1.2 fromthe nearest part of the doorway.

CITY OF RYDE


ITEM 5 (Continued)

11. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council if Council is not the PCA) that Fire and SmokeAlarms have been provided in accordance with 3.7.2 of the Building Code ofAustralia. Location details showing compliance are to be submitted by Councilor an accredited certifier prior to the issue of the Construction Certificate.

12. A Registered Surveyors check survey certificate, or compliance certificate, is tobe submitted to the Principal Certifying Authority (and Council if Council is notthe PCA) detailing compliance with Council’s approval at the following stages:-

i) Prior to construction of the ground floor level showing the area of the land,proposed building and the boundary setbacks and verifying that theproposed building is being constructed to the approved levels

ii) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

13. All excavated material must be removed from the site. No fill is to be placedabove the natural ground level.

14. The applicant is to submit to and have approved by Council or an accreditedcertifier engineer’s details for all concrete work and structural steelwork prior tothe issue of the Construction Certificate.

15. Perimeter of slabs to be provided with a drop-edge beam so as to provide facebrickwork from the natural ground level.

16. All required retaining walls are to be completed at the earliest possible stageand prior to the erection of the timber and masonry frame work. Details are tobe submitted to and approved by Council or an accredited certifier prior to theissue of the Construction Certificate.

17. The building shall be constructed to comply with Part 3.8.6 of the Building Codeof Australia (Noise Transmission and Insulation).

18. The wall separating the dwellings is to have an F.R.L. not less than 60/60/60extending to the underside of the roof cladding to comply with Part 3.7.1.8 of theBuilding Code of Australia

19. Treads, risers and balustrades to comply with Part 3.9.1 & Part 3.9.2 of theBuilding Code of Australia. Balustrading (where required) is to be a minimum1.0 metre high and any openings are not to exceed 125mm.

CITY OF RYDE


ITEM 5 (Continued)

20. All timber framework is to comply with the requirements of Part 3.4 of theBuilding Code of Australia and A.S.1684.

21. Glass doors and all other glazing shall be installed in accordance with Table 1A

Appendix “A” of AS 1288 Glass Installation Code. 22. A security deposit is to be paid to Council (Public Facilities and Services Group)

in accordance with the requirements of Council’s Management Plan (scheduledfees) being a deposit of $4,000.00 as well as the infrastructure inspection fee inaccordance with the requirements of Council's Management Plan (scheduledfees) prior to the issue of the Construction Certificate.

23. Enforcement levy is to be paid to Council in accordance with the requirementsof Council’s Management Plan (scheduled fees).

24. Documentary evidence of payment of the Long Service Levy under Section 34of the Building and Construction Industry Long Service Payments Act 1986 is tobe received.

25. The applicant is to submit an application and pay the required fee to Council

prior to the issue of the Construction Certificate for street alignment levels forthe street crossing.

26. A contribution for the services in Column A and for the amount in Column Bshall be made to Council prior to the issue of the Construction Certificate.

A BPublic Space $ 35,487.00 Stormwater Drainage $ 7,056.00Administration $ 378.00Total Contribution Required $ 42,921.00

This contribution is a contribution under the provisions of Section 94 of theEnvironmental Planning and Assessment Act, 1979 as specified in Section 94Contribution Plan No. 1 (2003 Amendment) adopted by Ryde City Council on 19August 2003.

The above amount, if not paid within one calendar year of the date of this consent,shall be adjusted for inflation by reference to the “Implicit Price Deflator – GrossFixed Capital Expenditure – Total Public” index published by the Australian Bureauof Statistics (Catalogue No 5206.0) on an annual basis in accordance until suchtime as the contribution is paid.

CITY OF RYDE


ITEM 5 (Continued)

27. Documentary evidence of compliance with Conditions 22 to 26 to thesatisfaction of Council or an accredited certifier is to be submitted to the Councilprior to the issuing of the Construction Certificate.

28. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must beobtained. Application must be made through an authorised WaterServicing Coordinator, for details see the Sydney Water web sitewww.sydneywater.com.au/customer/urban/index or telephone 13 20 92.

Following application a “Notice of Requirements” will be forwarded detailingwater and sewer extensions to be built and charges to be paid. Please makeearly contact with the Coordinator, since building of water/sewer extensions canbe time consuming and may impact on other services and building, driveway orlandscape design.

The Section 73 Certificate must be submitted to the Principal CertifyingAuthority prior to release of the linen plan/occupation of the development.

29. Documentary evidence that Energy Australia has been consulted and that theirrequirements have been met to the satisfaction of Council or an accreditedcertifier is to be obtained and submitted to Council prior to occupation of thebuilding.

30. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan for Engineering Standards DevelopmentCriteria Section 5 Construction Activities.

31. A site works plan must be prepared and submitted with the ConstructionCertificate for every demolition, earthworks or building works indicatingmethods of sediment and pollution control in accordance with Council’sDevelopment Control Plan for Engineering Standards Development CriteriaSection 5 Construction Activities.

32. Trees that are to remain on site are to be protected against damage duringconstruction. All mature trees to remain shall be clearly marked and a fenceerected around their drip line. A qualified person shall inspect the tree protectionmeasures and documentary evidence of tree protection measures is to besubmitted to Council prior to the issuing of the Construction Certificate.

33. In relation to demolition, all work is to be carried out in accordance with therequirements of AS2601.1991 (The Demolition of Structures).

CITY OF RYDE


ITEM 5 (Continued)

34. Security fencing shall be provided around the perimeter of thebuilding/demolition site and precautionary measures taken to preventunauthorised entries of the site at all times during demolition and construction.

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

i) During the demolition process notices lettered in accordance with AS1319displaying the words “DANGER - DEMOLITION IN PROGRESS” or asimilar message shall be fixed to the security fencing at appropriate placesto warn the public.

ii) During the entire construction phase a sign shall be fixed on site indicatingthe builder’s or a contact person’s name and contact phone number.

36. Site toilets shall be provided in accordance with the WorkCover Code ofPractice entitled “Amenities for Construction Work”.

37. At all times work is being undertaken within a public road adequate precautionsshall be taken to warn, instruct and guide road users safely around the worksite. Traffic control devices shall satisfy the minimum standards outlined inAS1742.3-1996 “Traffic Control Devices for Work on Roads”.

38. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm and between 8.00am and 4pm onSaturday. No work is to be carried out on Sunday or Public Holidays.

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

40. Adequate precautions must be taken to control the emission of dust from thesite during demolition and construction work. These precautions could includeminimising soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

41. All work involving asbestos products and materials, including asbestos-cementsheeting (i.e. fibro) must be carried out in accordance with the guidelines forasbestos work published by Workcover New South Wales.

42. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), mustbe disposed of at a landfill facility licensed by the New South WalesEnvironmental Protection Authority to receive that waste. Copies of the disposaldockets must be kept by the applicant for at least 3 years and be submitted toCouncil on request.

CITY OF RYDE


ITEM 5 (Continued)

43. Adequate arrangements must be made for the storage and disposal ofdemolition and building waste generated on the premises. In this regard thedemolishers and builders are encouraged to maximise the re-use and recyclingof materials (eg. Concrete, bricks, roof tiles, timber, doors, windows, fittings,etc.) by separating these materials from other wastes. The provisions of theapproved Waste Management Plan are to be adhered to at all times.

44. Only unpolluted water is to be discharged to Council’s stormwater drainagesystem.

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

46. All imported fill must be validated by an experienced environmental consultantto ensure that the material is virgin excavated natural material (eg. clay, gravel,sand, soil and rock) that is not mixed with any other waste and:

(a) has been excavated from areas that are not contaminated, as a result ofindustrial, commercial, mining or agricultural activities, with manufacturedchemicals and that does not contain sulphidic ores or soils; or

(b) consists of excavated natural materials that meet such criteria as may beapproved by the NSW Environment Protection Authority.

47. A copy of the validation report must be submitted to the Principal CertifyingAuthority (and Council, if Council is not the Principal Certifying Authority) atleast seven (7) days before the fill is imported onto the site.

48. Each load of imported fill must be accompanied by a delivery docket from thesupplier including the description and source of the fill.

49. A responsible person must be on site to receive each load of imported fill andmust examine the delivery docket and load to ensure that only virgin excavatednatural material that has been validated for use on the site is accepted.

50. The delivery dockets must be forwarded to the Principal Certifying Authoritywithin seven (7) days of receipt of the fill and must be produced to anyauthorised officer who demands to see them.

CITY OF RYDE


ITEM 5 (Continued)

51. Compliance with any order or notice given under Section 121 of theEnvironmental Planning & Assessment Act.


General Engineering Conditions

53. Design and Construction Standards. All engineering plans and work shall becarried out in accordance with the requirements as outlined within Council’spublication Environmental Standards Development Criteria and relevantDevelopment Control Plans except as amended by other conditions.

54. Service Alterations: All mains, services, poles, etc., which require alterationshall be altered at the applicant’s expense.

55. Restoration: Public areas must be maintained in a safe condition at all times.Restoration of disturbed road and footway areas for the purpose of connectionto public utilities will be carried out by Council following submission of a permitapplication and payment of appropriate fees. Repairs of damage to any publicstormwater drainage facility will be carried out by Council following receipt ofpayment.

56. Engineering Compliance Certificates: Engineering Compliance Certificatesmust be obtained for the following works at the specified stage (If Council isappointed the PCA then the appropriate inspection fee is to be paid to Council)and submitted to the Principal Certifying Authority prior to the issue of theOccupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest.• Prior to backfilling of drainage connections to pipelines or channels in which

Council has an interest.• Prior to casting of pits and other concrete structures in which Council has an

interest including kerb & gutter, accessways, aprons, pathways, vehicularcrossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves andpublic road reserves, and in all structures located within public road reserves.

CITY OF RYDE


ITEM 5 (Continued)

All Engineering Compliance certificates are to contain the following declarations:

a) This certificate is supplied in relation to <<address of property>>.b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with theapproved plans, specifications, and the conditions of the developmentconsent.

d) I have kept a signed record of all inspections and tests undertaken duringthe works, and can supply the Principal Certifying Authority [PCA] with acopy of such records and test results if and when required.

57. Drainage Construction: The stormwater drainage on the site is to beconstructed generally in accordance with plan 03076 C10 – C13 issue ‘C’ dated27 May 2004 prepared by Cattarin & Co. Pty Limited.

Engineering conditions to be complied with prior to Construction Certificate

58. Driveway Grades. The maximum grade of all internal driveways and vehicularramps shall be 1 in 5 with the main section forward of garage 1 re-graded to amaximum of 16.5%. The maximum change of grade permitted is 1 in 8 and anytransition grades shall have a minimum length of 2.5m. The driveway design is toincorporate Council’s issued footpath and gutter crossing levels where they arerequired as a condition of consent. A driveway plan, longitudinal section from thecentreline of the public road to the garage floor, and any necessary cross-sectionsclearly demonstrating that the driveway complies with the above details, and thatvehicles may safely manoeuvre within the site without scraping.

59. Drainage Plans. The plans and supporting calculations of the proposed drainagesystem, including the on-site detention system and details addressing anyoverland flow from upslope properties are to be submitted with the ConstructionCertificate application.

CITY OF RYDE


ITEM 5 (Continued)

60. On-Site Stormwater Detention Stormwater runoff from all impervious areasshall be collected and piped by gravity flow to a suitable on-site detention systemin accordance with Ryde City Council’s Stormwater Management DevelopmentControl Plan “DCP 41”. The minimum capacity of the piped drainage system shallbe equivalent to the collected runoff from a 20 year average recurrence intervalstorm event. Overland flow paths are to be provided to convey runoff when thecapacity of the piped drainage system is exceeded up to the 100 year averagerecurrence interval and direct this to the on-site detention system. Runoff whichenters the site from upstream properties should not be redirected in a mannerwhich adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point ofdischarge in accordance with Councils Stormwater Management DevelopmentControl Plan “DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of RydeCity Council.

61. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across thefootpath. No drainage work shall be carried out on the footpath without thispermit being paid and a copy kept on the site.

62. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan(ESCP) shall be prepared by a suitably qualified consultant in accordance with theguidelines set out in the manual “Managing Urban Stormwater, Soils andConstruction“ prepared by the Department of Housing. These devices shall bemaintained during the construction works and replaced where considerednecessary.

The following details are to be included in drawings accompanying the Erosionand Sediment Control Plan

(a) Existing and final contours,(b) The location of all earthworks, including roads, areas of cut and fill,(c) Location of all impervious areas,(d) Location and design criteria of erosion and sediment control structures,

CITY OF RYDE


ITEM 5 (Continued)

(e) Location and description of existing vegetation,(f) Site access point/s and means of limiting material leaving the site,(g) Location of proposed vegetated buffer strips,(h) Location of critical areas (drainage lines, water bodies and unstable

slopes),(i) Location of stockpiles,(j) Means of diversion of uncontaminated upper catchment around disturbed

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

63. Traffic Management. Traffic management procedures and systems must be inplace and practised during the construction period to ensure safety andminimise the effect on adjoining pedestrian and vehicular traffic systems. Theseprocedures and systems must be in accordance with AS 1742.3 1985 andCouncil’s Development Control Plan for Construction Activities “DCP 42”.

64. Vehicle Footpath Crossings. Concrete footpath crossings shall beconstructed at all locations where vehicles cross the footpath, to protect it fromdamage resulting from the vehicle traffic. The location, design and constructionshall conform to the requirements of Council. Crossings are to be constructedin plain reinforced concrete and finished levels shall conform with propertyalignment levels issued by Council’s Engineering Services Division. Kerbs shallnot be returned to the alignment line. Bridge and pipe crossings will not bepermitted.

Engineering conditions to be complied with prior to Commencement ofConstruction

65. Sediment and Erosion Control. The applicant shall install appropriate sedimentcontrol devices in accordance with an approved plan prior to any earthworksbeing carried out on the site. These devices shall be maintained during theconstruction period and replaced where considered necessary. Suitable erosioncontrol management procedures shall be practiced. This condition is imposed inorder to protect downstream properties, Council's drainage system and naturalwatercourses from sediment build-up transferred by stormwater runoff from thesite.

CITY OF RYDE


ITEM 5 (Continued)

66. Compliance Certificate. A Compliance Certificate must be obtainedconfirming that the constructed erosion and sediment control measures complywith the construction plan and Ryde City Council’s Development Control Planfor Construction Activities “DCP 42”

67. Truck Shaker. A truck shaker ramp must be provided at the construction exitpoint. Fences are to be erected to ensure vehicles cannot bypass them.Sediment tracked onto the public roadway by vehicles leaving the subject site isto be swept up immediately.

68. Temporary Footpath Crossing. A temporary footpath crossing must beprovided at the vehicular access points. It is to be 4 metres wide, made out ofsections of hardwood with chamfered ends and strapped with hoop iron, and atemporary gutter crossing must be provided.

Engineering Conditions to be complied with Prior to Occupation Certificate

69. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal CertifyingAuthority [PCA] then the appropriate inspection fee is to be paid to Council) andsubmitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings areconstructed in accordance with the construction plan requirements andRyde City Council’s Environmental Standards Development Criteria -1999.

• Confirming that the constructed driveway is constructed in accordance withthe construction plan requirements and Ryde City Council’s EnvironmentalStandards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainagecomplies with AS 2890, the construction plan requirements and Ryde CityCouncil’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system (including the on-site detentionstorage system) servicing the development complies with the approvedconstruction plan requirements and Ryde City Council's StormwaterManagement Development Control Plan “DCP 41"

• Confirming that the on-site detention system will function hydraulically inaccordance with the approved design.

CITY OF RYDE


ITEM 5 (Continued)

• Confirming that after completion of all construction work and landscaping,all areas adjacent the site, the site drainage system (including the on-sitedetention system), and the trunk drainage system immediatelydownstream of the subject site (next pit), have been cleaned of all sand,silt, old formwork, and other debris.

• Confirming that the vehicular crossing has been removed and the kerb andgutter have been constructed in accordance with Council’s EnvironmentalStandards Development Criteria

70. Disused Gutter Crossing. All disused gutter and footpath crossings shall beremoved and the kerb and footpath reinstated to the satisfaction of Council.

71. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements onthe subject property, a Certificate from a Registered Surveyor is to besubmitted to the PCA certifying that the subject drainage line/s and pitsservicing those lines lie wholly within the proposed easements.

72. On-Site Stormwater Detention System - Marker Plate. Each on-sitedetention system basin shall be indicated on the site by fixing a marker plate.This plate is to be of minimum size: 100mm x 75mm and is to be made fromnon-corrosive metal or 4mm thick laminated plastic. It is to be fixed in aprominent position to the nearest concrete or permanent surface or accessgrate. The wording on the marker plate is described in Council’s StormwaterManagement DCP. An approved plate may be purchased from Council'sCustomer Service Centre on presentation of a completed City of Ryde OSDcertification form.

73. Positive Covenant. The creation of a Positive Covenant under Section 88E ofthe Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems" andto the satisfaction of Council.

CITY OF RYDE


ITEM 5 (Continued)

74. Dilapidation Report: The applicant is to submit a dilapidation report on existingpublic infrastructure in the vicinity of the proposed development. The report is toinclude a description of the location and nature of any existing observabledefects to the following infrastructure including a photographic record.

A. Road pavementB. Kerb and gutterC. Constructed footpathD. Drainage pitsE. Traffic signsF. Any other relevant infrastructure.

The report is to be submitted to Ryde Council prior to the issue of theConstruction Certificate. The report shall be used by Council as the roadsauthority under the Roads Act 1993, to assess whether restoration works arerequired prior to the issue of the Occupation Certificate.

75. Public Infrastructure: Any damage to the public infrastructure in the vicinity ofthe development, including kerb and gutter, drainage pits, traffic signs causedas a result of the development is to be restored to the satisfaction of City ofRyde Council as Roads Authority under the Roads Act 1993. Documentationwhich demonstrates this to Council’s satisfaction is to be provided prior to theissue of the Occupation Certificate.

Engineering Conditions to be complied with Prior to Subdivision Certificate

76. Existing Easements and Restrictions: The applicant must acknowledge allexisting easements and restrictions of the use of land on the final plan ofsubdivision.

77. 88B Instrument. The submission of an instrument under Section 88B of theConveyancing Act 1919 plus 2 copies, creating any Easements PositiveCovenants and restrictions on use, the Ryde City being the authorityempowered to release vary or modify the same

78. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5copies suitable for endorsement by the General Manager pursuant to Section327 of the Local Government Act.

79. Certification Documents. The submission of all certification as required underLocal Development Consent 499/2004 prior to the release of the SubdivisionCertificate.

CITY OF RYDE


ITEM 5 (Continued)

80. Certification of Building Works. If Council is not the PCA then certificationthat all building works as detailed in Local Development Consent No 499/2004have been completed in accordance with that consent is to be submitted withthe application for the Subdivision Certificate.

81. On-site Stormwater Detention Certification. The submission of certificationby a suitably qualified Civil Engineer for the on-site stormwater detentionsystem, attesting the storage volume, discharge rate and satisfactory operationof the system prior to the release of the Subdivision Certificate.

Subdivision Conditions

82. The subdivision being carried out substantially in accordance with the designshown on the preliminary Strata Plan submitted to Council with the developmentapplication.

83. The payment of $200.00 for the approval of the final plan under the terms ofDivision 4 of Part II of the Strata Titles Act.

84. The submission of a subdivider certificate under Section 73 of the Water Board(Corporatisation) Act, 1994.

85. Compliance with any order or notice given under Section 121 of theEnvironmental Planning & Assessment Act prior to approval of the final planunder terms of Division 4 of Part of the Strata Titles Act.


Conditions relating to Energy Efficiency

87. For the purpose of child safety and energy conservation all new or replacementhot water systems shall include a mixing device/valve that will deliver hot waterto a maximum 500 C at the outlet of all taps, shower roses and the like inbathrooms, ensuites and similar areas used for personal hygiene.

CITY OF RYDE


ITEM 5 (Continued)

88. For the purpose of water conservation the following shall be carried out inaccordance with the manufacturers specifications:

(a) Water closets installed within the building are to have a maximum 6/3 litredual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices; and(c) Shower heads, toilets and aerators on bathrooms and kitchen hand basins

and sinks shall be at least AAA rated water efficient.

89. A hot water system with a minimum 3.5 star Greenhouse score is to be providedfor each dwelling. Hot water pipes should be appropriately insulated.

90. R.3.0 or equivalent insulation is to be installed to ceilings under the roof area. R1.5or equivalent insulation is to be installed in walls (cavity walls excepted).

Crime Prevention Conditions.

91. Where security lighting is provided within the development, it should notilluminate observers or vantage points. Light should be projected outwardstowards pathways and gates, not towards windows and doors. Passingmotorists, police and pedestrians will be the likely observers.

Landscaping

92. Landscaping of the development site is to be carried out in accordance with thelandscape plan submitted with the development application (Plan No. 0429-1-Bprepared by Jocelyn Ramsay & Associates Pty Limited), except as amended bythe following conditions:-

a) The density of hedge and screen planting should be increased from thecurrent 2m to 1.5m centres.

b) The Camphor growing on the eastern boundary of the site appears to begrowing on the neighbour’s property, until the ownership of the tree is confirmed, it should be retained and protected from development.

c) The landscaping on the southern boundary adjoining the 2 dwellings at 16Trelawney Street should be reviewed having regard to impact on solaraccess to the private courtyards. The height and density of these treesshould be reconsidered to address this concern.

CITY OF RYDE


ITEM 5 (Continued)

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia

(a) All building work ( other than work relating to the temporary building ) mustbe carried out in accordance with the requirements of the Building Code ofAustralia ( as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made).

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

2. Residential Building Work

1) Building work that involves residential building work (within the meaning ofthe Home Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:

a) in the case of work to be done under the Act:i) has been informed in writing of the licensee’s name and

contractor licence number, andii) is satisfied that the licensee had complied with the requirements

of Part 6 of the Act; or

b) the case of work to be done by any other person:i) has been informed in writing of the persons name and owner-

builder permit number; orii) has been given a declaration, signed by the owner of the land,

that states that the reasonable market cost of the labour andmaterials involved in the work is less than the amount prescribedfor the purposes of the definition of “owner builder work” inSection 29 of that Act, and is given appropriate information anddeclarations under paragraphs (a) and (b) wheneverarrangements for the doing of work are changed in such amanner as to render out of date any information or declarationpreviously given under either of those paragraphs.

CITY OF RYDE


ITEM 5 (Continued)

A certificate purporting to be used by an approved insurer under Part 6 of theHome Building Act 1989 that states that a person is the holder of an insurancepolicy issued for the purposes of that Part is, for the purpose of this clause,sufficient evidence that the person has complied with the requirements of thatPart.

3. Excavations and backfilling

i) All excavations and backfill associated with the erection or demolition of abuilding must be executed safely and in accordance with appropriateprofessional standards.

ii) All excavations associated with the erection or demolition of a building must beproperly guarded and protected to prevent them from being dangerous to lifeor property.

4. Retaining walls and drainage


i) retaining walls associated with the erection or demolition of a building orother approved methods of preventing movement of the soil must beprovided, and

ii) adequate provision must be made for drainage

5. Support for neighbouring buildings


1) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on anadjoining allotment of and, the person causing the excavation to bemade:

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

manner, andc) must, at least 7 days before excavating below the levels of the footings

of a building on an adjoining allotment of land, give notice of intention todo so to the owner of the adjoining allotment of land and furnishparticulars of the excavation to the owner of the building being erectedor demolished.

CITY OF RYDE


ITEM 5 (Continued)

2) The owner of the adjoining allotment of land is not liable for any part of thecost of work carried out for the purposes of this clause, whether carried outon the allotment of land being excavated or on an adjoining allotment ofland.

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

6. Protection of Public Places

1) If the work involved in the erection or demolition of a building:

a) is likely to cause pedestrian or vehicular traffic in a public place to beobstructed or rendered inconvenient, or

b) building involves the enclosure of a public place, a hoarding or fence mustbe erected between the work site and the public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substancefrom, or in connection with, the work falling into the public place.

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

4) Any such hoarding, fence or awning is to be removed when the work has beencompleted.

7. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Act, 1979 are to be complied with:-

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

ii) A Principal Certifying Authority is to be appointed and Council is to be notifiedof the appointment in accordance with Section 81A (2)(b) of the Act and Form7 of Schedule 1 to the Environmental Planning and Assessment Regulation2000.

iii) Council is to be notified at least two (2) days of the intention to commencebuilding works, in accordance with Section 81A (2)(c) of the Act and Form 7 ofSchedule 1 to the Environmental Planning and Assessment Regulation 2000.

CITY OF RYDE


ITEM 5 (Continued)

8. The applicant may apply to the Council or an accredited certifier for the issuing ofa Construction Certificate and to be Council or an accredited certifier tomonitor compliance with the approval and issue any relevant documentaryevidence or certificate/s.

Council Officers can provide these services and further information can beobtained from Council by telephoning 9952 8222 (Customer Services).

9. The applicant is advised that the Construction Certificate plans and

specifications must comply with the provisions of the Building Code of Australiaand details of compliance with the Building Code of Australia are to be providedin the Construction Certificate plans and specifications.

10. City of Ryde will not accept the Construction Certificate without evidence of HomeOwners Warranty / Owner Builder’s Permit being submitted to Council.

11. Energy Australia: Underground and overhead electric cables may exist in thisarea. In your own interest and for safety, telephone Energy Australia on 131525 before excavating or erecting structures.

12. Telephone Installations: Conduits with draw in wires should be laid in concretefloors to the points where telephone services are required. Consult the localTelecommunications Sales Office for advice.

13. Australia Post: Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

(b) That the persons who made submissions be advised of the decision.


CITY OF RYDE


ITEM 5 (Continued) Indicates submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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ITEM 5 (Continued)

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ITEM 5 (Continued)

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ITEM 6

16 FRANCES ROAD, PUTNEY, LOT 8 DP: 21193. Local Development Applicationfor the demolition of a dwelling and a construction of a new storey dwelling withbasement car park, gazebo, in ground swimming pool and 1.8m high front fence.LDA No. 1265/2003. Applicant: New Age Constructions.

INSPECTION 4.55PM

Group Manager Environmental Planning reports 23 September 2004

File No. LDA 03/1265

SUMMARYCouncil at its meeting of 24 August 2004 resolved that consideration of the DevelopmentApplication for 16 Frances Road be deferred to enable the owner and the applicant tomeet with the Group Manager Environmental Planning to discuss non-complianceissues referred to in the officer’s report. This meeting was held on 20 September 2004.

REPORT

BACKGROUNDCouncil considered a Development Application for a new dwelling at 16 Frances Road,Putney on the 24 August 2004. At that time the Council resolved the matter be deferredto enable the applicant to meet with the Group Manager Environmental Planning todiscuss the non-compliance issues, which had been outlined in the officer’s report. Thekey areas of non-compliance related to the height of the building as it exceeded the 9mand 7m height limits specified in the Dwelling House DCP, the floor space ratio as itexceeded the 0.5:1 limit of the DCP and the side setbacks.

A copy of the previous report is ATTACHED.

At the meeting with the applicant on the 20 September 2004 the applicant agreed tomake the following changes:

1. Increase the side setback to the north from 1m to 1.2m (the side setbackrequirements of the DCP are 1.5m).

2. Reduce the width of the garage door from 4.5m to 3.5m as this would reduce theimpact of the basement garage on the streetscape.

CITY OF RYDE


ITEM 6 (Continued)

These amendments are an improvement over the current development but there arestill significant non-compliances with the DCP.

The applicant has lodged an appeal with the Land and Environment Court againstCouncil’s failure to determine the application within the specified time.

RECOMMENDATION:

For the consideration of the Council.

Sue WeatherleyGroup ManagerEnvironmental Planning

CITY OF RYDE


ITEM 6 (Continued) PREVIOUS REPORT

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