Agenda of Cumberland Local Planning Panel Meeting

Cumberland Local Planning Panel Meeting

10 December 2019

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

NOTICE OF DETERMINATION OF APPLICATION

11 December 2019

Dwell Designs Australia

PO Box 2294

NORTH PARRAMATTA NSW 1750

Dear Sir/Madam

Pursuant to Section 4.16(3) of the Act, Council has granted “deferred commencement” consent to your development application described as follows:

PROPERTY: Lot: 32 DP: 27474

STREET ADDRESS: 43 IRRIGATION ROAD SOUTH WENTWORTHVILLE

DEVELOPMENT CONSENT NO: 2019/254/1

DECISION: Cumberland Local Planning Panel

DATE FROM WHICH TO BE ADVISED UPON SATISFACTORY

CONSENT OPERATES: COMPLETION OF SCHEDULE ‘A’

DATE OF EXPIRY OF CONSENT: TO BE ADVISED UPON SATISFACTORY

COMPLETION OF SCHEDULE ‘A’

PROPOSED DEVELOPMENT: DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF AN ATTACHED TWO STOREY DUAL OCCUPANCY AND ASSOCIATED TORRENS TITLE SUBDIVISION INTO 2 LOTS

This Development Application is APPROVED in accordance with the Environmental Planning & Assessment Act 1979 and is subject to compliance with the requirements of Cumberland Council, the Building Code of Australia, the Local Government Act 1993, and the following conditions as set out hereunder and/or endorsed upon the attached plans.

THIS CONSENT DOES NOT OPERATE UNTIL COUNCIL IS SATISFIED THAT ALL SCHEDULE ‘A’ CONDITIONS HAVE BEEN SATISFIED.

SCHEDULE “A”

Consent to the demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots shall not operate until all of the following Schedule “A” conditions have been complied with to Council’s satisfaction.

Bus Stoppage

1. There is an existing seat at the street frontage of the site across the proposed driveway. The seat is associated with an existing bus stoppage at the front. The applicant shall contact the relevant bus authority/service provider to get their consent for relocating the seats. A written letter from the concerned authority shall be submitted to Council in this regard. The seats must be relocated if it is recommended by the concerned authority prior to schedule B conditions becomes operable.

Boundary fencing flood affected areas

2. The development site has been identified as a flood affected site in the 1% Annual Exceedance Probability (AEP) storm event. The boundary fences within the flood affected area(s) are therefore required to be constructed in accordance with Council’s standard detail SD8025. Owners’ consent from all affected property owner(s) stating that they consent to the new fence construction is required to be submitted to Council.

In accordance with clause 95(3) of the Environmental Planning and Assessment Regulation 2000, you must produce evidence to the Council within a period of 2 years, sufficient enough for Council to be able to be satisfied of the above matters.

If evidence is produced within the specified period, in accordance with Clause 95(5) of the Regulation, Council will notify you whether or not it is satisfied as to the above matters and whether or not the consent will operate.

* * * * * * * * * * * * * * * *

SCHEDULE “B”

This consent cannot operate until such time as Council is satisfied with the evidence produced in response to Schedule “A” and has notified the applicant in writing of the date from which the consent operates.

PRELIMINARY

1. This consent shall lapse if the above development is not physically commenced by the date of expiry shown on the front page of this consent.

2. The development is to be carried out in accordance with the following endorsed plans and documents:

· Architectural Plans prepared by Dwell Designs Australia, Job no. 1810536 – as amended to satisfy Condition 11 and Schedule ‘A’;

Title	Drawing no.	Revision/issue	Dated
Site Plan	3/18	A	27 June 2019
Ground floor plan	4/18	A	27 June 2019
First floor plan	5/18	A	27 June 2019
South & West elevations	6/18	A	27 June 2019
North & East elevations	7/18	A	27 June 2019
Building Sections	9/18	A	27 June 2019
Driveway section	10/18	A	27 June 2019
Front Fence Plan	13/18	A	27 June 2019
Demolition Plan	14/18	A	27 June 2019
Sediment Control Plan	15/18	A	27 June 2019
Subdivision Plan	16/18	A	27 June 2019

· Landscape Plan prepared by Monaco Designs, Job No. 5336, Sheet 1 of 2 and 2 of 2, dated 27 June 2019;

· Stormwater Layout Plans prepared by SGC Consulting Engineers (OSD Plan 2019-166), Sheets 1 of 4 to 4 of 4 (inclusive), all revision A, 28 June 2019;

· BASIX Certificate Numbers 1025965M, issued on 28 June 2019;

· Schedule of External Colours and Finishes, prepared by Dwell Designs Australia, job no. 180536, dated 27 June 2019;

· Waste Management Plan prepared by Dwell Designs Australia, dated 27 June 2019;

a) Except as otherwise provided by the conditions of this determination and/or marked in red.

3. All building work shall be carried out in accordance with the requirements of the Building Code of Australia. Fully detailed plans including fire safety details shall be submitted with the Construction Certificate application. No work is to commence until such time as a Construction Certificate is obtained for the work/building permitted by this Consent.

Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA)

4. Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 6.6 of the Act.

Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you.

Note: Once you have chosen either Council or a Private Certifier as the PCA, you cannot change from one to the other, or from one Private Certifier or another, without the approval of Department of Planning & Infrastructure.

5. The applicant shall consult with, as required:

(a) Sydney Water Corporation Limited

(b) Integral Energy

(d) A local telecommunications carrier

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s).

6. Building materials, builder’s sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip. Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians. Offenders will be prosecuted.

Demolition

7. In the event that demolition is to occur prior to the issue/release of a Construction Certificate, all relevant fees and bonds such as the demolition inspection fee, kerb & gutter and tree protection bonds shall be paid in full to Council prior to demolition commencing (as per the relevant conditions elsewhere in this Development Consent). Furthermore, the applicant/developer is to ensure that all relevant conditions in this Development Consent relating to the protection of the site, adjoining lands and trees are adhered to in full prior to commencement of any demolition works.

8. Permission is granted for the demolition of the existing structures on the property, subject to strict compliance with the following:-

a) Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS2601-2001 - Demolition of Structures. Note: Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications. a) The developer is to notify owners and occupiers of premises on either side, opposite and at the rear of the development site 5 working days prior to demolition. Such notification is to be a clearly written on A4 size paper giving the date demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side, immediately at the rear of, and directly opposite the demolition site. The demolition must not commence prior to the date stated in the notification.

b) 5 working days (i.e., Monday to Friday with the exclusion of Public Holidays) notice in writing is to be given to Cumberland Council for inspection of the site prior to the commencement of works. Such written notice is to include the date when demolition will commence and details of the name, address, business hours, contact telephone number and licence number of the demolisher. Works are not to commence prior to Council’s inspection and works must also not commence prior to the commencement date nominated in the written notice.

c) On the first day of demolition, work is not to commence until Cumberland Council has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until Council is satisfied that all measures are in place so as to comply with WorkCover’s document “Your Guide to Working with Asbestos”, a copy of which accompanies this Development Consent and demolition works must at all times comply with its requirements.

d) On demolition sites where buildings to be demolished contain asbestos cement, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers. Advice on the availability of these signs can be obtained by telephoning Council's Customer Service Centre during business hours on 8757 9000. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.

e) Demolition shall not commence until all trees required to be retained/transplanted are protected in accordance with those conditions stipulated under “Prior to Works Commencing” in this Consent.

f) All previously connected services are to be appropriately disconnected as part of the demolition works. The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services.

g) Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”.

h) Demolition is to be completed within 5 days of commencement.

i) Demolition works are restricted to Monday to Friday between the hours of 7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.

j) Protective fencing is to be installed to prevent public access to the site.

k) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Office of Environment and Heritage (OEH).

l) Before demolition operations begin, the property shall be connected to the sewer of Sydney Water to which a pedestal pan shall be temporarily connected for the use as the employees’ toilet service during demolition operations.

m) After completion, the applicant shall notify Cumberland Council within 7 days to assess the site and ensure compliance with AS2601-2001 – Demolition of Structures.

NOTE: The person responsible for disposing of the above asbestos waste is to telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02) 8757 9000 to determine the location of a tip licensed to receive asbestos. Within fourteen (14) days of the completion of demolition works, the applicant must lodge with Council, all original weighbridge receipts issued by the receiving tip as evidence of proper disposal.

n) Within 14 days of completion of demolition, the applicant shall submit to Council:

i) An asbestos clearance certificate carried out by a licensed asbestos assessor (normally a NATA accredited occupational hygienist), or a person who has the knowledge and skills to be a licensed assessor, regardless of whether or not they are licensed; and

ii) A signed statement verifying that demolition work and the recycling of materials was undertaken in accordance with the Waste Management Plan approved with this consent under Holroyd DCP 2013 Part A, Section 11.0. In reviewing such documentation Council will require the provision of original weighbridge receipts for the recycling/disposal of all materials; and

Note: To find a list of NATA accredited facilities visit the NATA website at www.nata.asn.au and under ‘Facilities and Labs’ click on ‘Facilities List by Field’, then click on ‘Chemical Testing’, then click on ‘Asbestos’ and finally click on ‘identification’. A list of laboratories will be produced which you can contact for the purpose of having a clearance certificate issued.

9. Payment of $482.00 fee for inspection by Council of the demolition site prior to commencement of any demolition works.

BASIX (Building Sustainability Index)

10. Under Clause 136D of the Environmental Planning & Assessment Regulation 2000, it is a condition of this Development Consent that all the commitments listed as per Condition 2 in relation to BASIX are fulfilled.

NOTE: FEES, BONDS & CONTRIBUTIONS INDICATED IN CONDITIONS OF THIS CONSENT MAY VARY IN ACCORDANCE WITH THOSE ADOPTED BY COUNCIL AT SUBSEQUENT ANNUAL REVIEWS OF ITS “FEES AND CHARGES” AND SUBSEQUENT CHANGES TO THE BUILDING PRICE INDEX. FEES CHARGED WILL BE THOSE CURRENT AT THE TIME OF PAYMENT.

PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE/PRELIMINARY CONDITIONS FOR DEMOLITION

The following conditions must be complied with prior to the issue of a Construction Certificate, or where relevant prior to demolition occurring. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate:

Amended Plans

11. Amended plans shall be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate addressing the following issues:

i. The unit 1 alfresco opening shall be fitted with a privacy screening along the west elevation to a minimum height of 1.5m from the finished floor level;

ii. The unit 2 alfresco opening shall be fitted with a privacy screening along the east elevation to a minimum height of 1.5m from the finished floor level;

iii. The internal door to the garage of both unit 1 and unit 2 shall be amended to provide either an outwards opening or sliding door to maintain a clear length and width for car parking;

iv. The subdivision plan shall be amended to reflect the sum of the all lots as a total of 615.9sqm;

v. Basix commitments including water tanks shall be consistently shown on all plans (including architectural plans and stormwater plans).

Payment of Bonds, Fees and Long Service Levy

12. The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes all Long Service Levy payments to be made to the Long Service Payments Corporation.

Section 7.11 Contribution

13. Prior to the issue of a Construction Certificate, a monetary contribution imposed under Section 7.11 of the Environmental Planning and Assessment Act 1979 and Holroyd Section 94 Development Contributions Plan 2013, for one (1) additional dwelling is to be paid to Council. At the time of this development consent, the current rate of the contribution is $12,318.00. The amount of the contribution will be determined at the time of payment in accordance with the relevant Contributions Plan in force at that time. A copy of the Holroyd Section 94 Development Contributions Plan 2013 can be viewed on Council’s website at www.cumberland.nsw.gov.au or inspected at Council’s Civic Centre located at 16 Memorial Avenue, Merrylands between the hours of 8am and 4.30pm Monday to Friday.

Damage Deposit

14. A cash bond/bank guarantee of $2,850.00 must be paid/lodged with Council to cover making good any damage caused to the property of Council, during the course of construction associated with the development. This will be held for ‘six (6) months after the completion of works’ or six (6) months 0fter the issue of ‘Final Occupation Certificate’ (whichever occurs last) to remedy any defects that may arise within this time.

Note:- The applicant/owner shall be held responsible for and may be required to pay the full reinstatement costs for damage caused to Council’s property unless the applicant/owner notifies Council in writing and provides photographic proof of any existing damage to Council’s property. Such notification shall occur prior to works/demolition commencing. However, if in the opinion of Council, during the course of construction existing damage has worsened, Council may require full reinstatement. If damage does occur during the course of construction, prior to reinstating any damage to Council’s property, the applicant/owner shall obtain design specifications of all proposed restoration works. Restoration/construction works within the road reserve shall be carried out by a licensed construction contractor at the applicant/owners expense and shall be inspected by Council prior to placement of concrete and/or asphalt.

Consistency with Endorsed Development Consent Plans

15. The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans.

Landscape Inspection Fee

16. Payment of a $343.00 fee for the inspection by Council of landscape works and/or trees to be retained at the key stages, where Council is the Principal Certifying Authority.

Engineering Fees and Bonds

17. Payment of a $626.00 fee for the inspection by Council of the stormwater drainage and Stormwater Detention System at the key stages, where Council is the Principal Certifying Authority.

18. The applicant shall lodge with Council a $1,500.00 cash bond or bank guarantee to cover the removal of redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

19. The applicant shall lodge with Council a $1,000.00 cash bond or bank guarantee for the satisfactory completion of the construction and/or reconstruction of the concrete footpath paving adjacent to the site. This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

20. The applicant shall lodge with Council a $6,290.00 cash bond to cover the registration of a Positive Covenant and Restriction as to User over the Onsite Stormwater Detention System. This bond is refundable upon the submission of proof of registration of the Restriction on Use and Positive Covenant with the Land and Property Information NSW.

Road Works

21. A Traffic Management Plan shall be lodged with Council for any road and drainage works to be carried out within public road reserves, or where construction activity impacts on traffic flow or pedestrian access, in strict compliance with the requirements of Australian Standard 1742.3 (Traffic Control Devices for Works on Roads). In this regard, the applicant shall pay Council a $201.00 fee for the assessment of the Traffic Management Plan by Council, prior to commencing works within the road reserves. A copy of the approved Traffic Management Plan shall be kept on site during the course of construction for reference and compliance.

Sight Distance

22. To maintain sight distance to pedestrians, all fencing and landscaping within 2m of a driveway shall have a maximum height of 1.0m and 50% transparent above a height of 0.5m. All solid posts higher than 0.5m (but lower than 1m) shall have a maximum width 0.35m and a minimum spacing of 1.2m. Details shall be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

On-Site Stormwater Detention

23. The development has been identified as requiring an on-site stormwater detention (OSD) system which has formed part of the development consent. Therefore, in order to satisfy the drainage requirements for the building, any construction certificate for the building shall include the construction of the OSD system. In this regard, design and construction details of the OSD system demonstrating compliance with the development consent, OSD plan number 2019-166 and Council’s on-site detention policy shall be submitted to the certifying authority prior to the issue of a construction certificate. The system shall generally be in accordance with the stamped approved drawings.

24. The OSDs for both the units are proposed within 1% AEP flood extent areas, which is not accepted by Council’s OSD policy. As such, both the OSDs shall be relocated to flood free areas preferably at the front.

25. Detailed design drawings and calculations shall be prepared by a practising Civil Engineer. Design and construction of the OSD system shall be in accordance with Council’s OSD policy and UPRCT handbook volume 3. The amended plan shall be submitted to Council for approval by the manager Engineering Services and Traffic.

26. The discharge pipes of both the OSDs shall be connected to Council’s stormwater pipe running through the rear boundary at a single point.

Proposed vehicular access

27. Final boundary location and levels at the driveway shall be approved by Council. A long section shall be provided at each driveway and include the public road and footpath profile, with relevant levels and dimensions shown.

Required Submissions to Certifying Authority

28. Retaining walls greater than 1.0m above finished ground level or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with any Construction Certificate application.

29. Structural engineer’s details prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority.

30. If the development likely to disturb or impact upon telecommunications infrastructure, written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first.

31. The arrangements and costs associated with any adjustment to telecommunications infrastructure shall be borne in full by the applicant/developer.

Salinity

32. The site has been identified as having a potential salinity hazard. To prevent moisture/salinity from entering the built structure, appropriate construction methods are to be incorporated for all dwellings/buildings.

Details of proposed methods of construction are to be detailed in the engineering plans and submitted to the PCA.

Note: Further information for building in a saline environment is available in the following documents:

“Building in Saline Environment” prepared by DIPNR 2003.

Water Sensitive Urban Design in the Sydney Regions “Practice Note 12: Urban Salinity”

Wagga Wagga City Council’s “Urban Salinity Action” October 1999

“Guide to Residential Slabs and Footings in Saline Environments” prepared by Cement Concrete and Aggregates Australia, May 2005.

Sydney Water

33. A building plan approval must be obtained from Sydney Water Tap In™ to ensure the development will not affect any sewer, water or stormwater mains or easements.

A copy of the building plan approval receipt from Sydney Water must be submitted to the certifying authority, prior to the issue of a construction certificate.

Please go to sydneywater.com.au/tapin to apply.

PRIOR TO DEMOLITION /WORKS COMMENCING

The following conditions are to be complied with prior to demolition / any works commencing on the site:

Appointment of Principal Certifying Authority and Notification of Commencement of Work

34. The person having the benefit of the development consent, not the principal contractor (builder), must:

a) Appoint a Principal Certifying Authority in accordance with Section 6.6 of the Act.

b) Have the Principal Certifying Authority complete the ‘Accredited Certifier Details’ on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

c) Notify Council of the appointment of the Principal Certifying Authority and of the intention to commence building work, such notification is to be given to Council at least two (2) working days prior to the proposed commencement date, and be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

If nominated, Council can provide this service for you and act as the Principal Certifying Authority.

N.B. The Principal Certifying Authority must also notify the person having the benefit of the Development Consent of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work such notification must comply with Clause 103A of the Regulations.

Notification of Principal Contractor (Builder)/Owner-Builder

35. The person having the benefit of the Development Consent must:

(a) Notify the Principal Certifying Authority that the person will carry out the work as an owner-builder, if that is the case;

(b) Appoint a Principal Contractor for the building work (who must be the holder of a contractor licence if any residential building work is involved), and notify the Principal Contractor of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work.

Where Council is the Principal Certifying Authority, such notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

Photographic Record of Council Property – Damage Deposit

36. The applicant shall submit to Council, for the purposes of the damage deposit bond lodged to cover making good any damage caused to the property of Council, a full and satisfactory photographic record of the condition of Council’s property (i.e., road pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the subject site. The purpose of the photographic record is to establish any pre-existing damage to Council’s property to ensure that you are not liable for any re-instatement works associated with that damage. However, if in the opinion of Council, the existing damage has worsened or any new damage is caused during the course of construction, the Council may require either part or full re-instatement.

Note: Failure to provide a full and satisfactory photographic record described above, is likely to render the applicant liable to rectify all damages unless satisfactory proof can be provided that the damage was pre-existing.

Required Submissions to Council or the Principal Certifying Authority

37. To facilitate a complete assessment and enable the Certifying Authority to check compliance on site, truss validation and design, details certified by a qualified practicing structural engineer shall be submitted to Council or the Principal Certifying Authority for examination and approval. Details shall include:

a) job address and builder’s name

b) design wind velocity

c) terrain category

d) truss spacing

e) roof pitch

f) material of roof

g) roof batten/purlin spacing

h) material of ceiling

i) job number

Notification to Relevant Public Authority

38. The applicant shall ensure that relevant public utility authorities are made aware of the salinity problems that have been identified within the subject site by the Department of Land and Water Conservation, such that their services are designed to take into consideration the effects the saline soils may have on their installations.

Fencing of Sites

39. Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric. All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway.

Signs to be Erected on Sites

40. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) Showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(b) Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours and at any time for business purposes, and

The sign must be rigid and durable and be read easily by anyone in any public road or other public place adjacent to the site.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

Note: Principal Certifying Authorities and Principal Contractors must also ensure that signs required by this clause are erected and maintained (clause 227A of the Regulations currently imposes a maximum penalty of $1,100).

Prohibited Signage

41. Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted.

Protection of Public Places

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

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

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

Site Control Measures

43. Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd’s “Erosion & Sediment Control Policy.”

Note: On-the-spot fines may be issued by council where measures are absent or inadequate.

Footpaving, Kerbing and Guttering

44. Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths.

45. Finished street levels shall not be assumed. The owner or builder must make application to Council’s Engineering Services Department for street levels.

Support for Neighbouring Buildings

46. If an excavation associated with the erection of a building extends below the level of the base of the footings of a building on an adjoining allotment of land (including a public road and any other public place), the person causing the excavation to be made:-

a) Must preserve and protect the building from damage, and

b) If necessary, must underpin and support the building in an approved manner, and

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

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (In this clause, allotment of land includes a public road and any other public place).

Toilet Facilities

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

Each toilet provided:

a) Must be a standard flushing toilet, and

b) Must be connected:

i) To a public sewer,

ii) If connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

iii) If connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

iv) The position of the toilet on the site shall be determined by Council’s Building Surveyor and/or Sydney Water.

Residential Building Work - Insurance

48. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Cumberland Council) has given Cumberland Council written notice of the following information:-

(a) In the case of work for which a Principal Contractor is required to be appointed:

(i) The name and licence number of the Principal Contractor, and

(ii) The name of the insurer by which the work is insured under Part 6 of that Act,

(b) In the case of work to be done by an owner-builder:

(i) The name of the owner-builder, and

(ii) If the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Cumberland Council) has given Cumberland Council written notice of the updated information.

The notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

Roadworks

49. The applicant is to submit to Council an application for a road opening permit when the drainage connection into Council’s system is within the road reserve. In this regard the applicant shall pay Council the relevant fee prior to the commencement of works. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) required within the road reserve.

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

Works within Council’s Reserve

51. All works within the Council reserve shall be completed within three (3) weeks of the date of commencement. Council’s Development Engineer shall be advised prior to the commencement of works.

52. Submission to Council of a Certificate of Currency of the contractor’s Workers’ Compensation Policy prior to the commencement of works.

53. All construction works shall be in accordance with the WorkCover safety requirements. Submission of insurance documentation demonstrating a minimum Public Liability cover of $20,000,000 is to be submitted prior to commencement of works. Cumberland Council shall be named on the Certificate of Currency as an interested party.

Property/Street Number

54. Council is the authority responsible for the allocation of all official property addresses. For ease of identification of your new development it is important that the allocated property numbers are used and displayed prominently. It is requested that you contact Council as soon as possible before construction is commenced to discuss proposed addressing for your development.

Please email your site plan to council@cumberland.nsw.gov.au or contact Council’s Rates Section by phone on 8757 9000.

DURING DEMOLITION / CONSTRUCTION

The following conditions are applicable during demolition / construction:

Endorsed Plans & Specifications

55. A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent, Construction Certificate and approved Traffic Management Plan are to be retained on site at all times.

Hours of Work & Display of Council Supplied Sign

56. For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited. Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours.

The yellow “Hours of Building Work” sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work.

Site Control

57. All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb.

58. Builder’s refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project.

59. Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land.

Asbestos Cement Sheeting

60. i) All asbestos cement sheeting must be removed by contractors with an appropriate licence issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:-

(a) Recladding or brick veneering of any building where the existing walls to be covered are currently clad with asbestos cement;

(b) Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.

Removal must be carried out strictly in accordance with WorkCover’s “Your Guide to Working with Asbestos” (copy attached).

ii) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Office of Environment and Heritage (OEH).

Note: The person responsible for disposing of the above asbestos waste is to telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02) 8757 9000 to determine the location of a tip licensed to received asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal.

iii) Within fourteen (14) days of completion of renovation or recladding or brick veneering works where asbestos cement sheeting was removed, the applicant shall submit to Council an asbestos clearance certificate prepared by a NATA accredited occupational hygienist.

Note: To find a list of NATA accredited facilities visit the NATA website at www.nata.asn.au and under ‘Find a Facility or Lab’ type in ‘asbestos identification’ in ‘keywords’ then click on ‘chemical testing’ in NSW then click on the search button. A list of laboratories will be produced which you can contact for the purpose of having a clearance certificate issued.

Waste Management Plan

61. The approved Waste Management Plan must be implemented and complied with during all stages of works on site.

62. Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council.

In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.

Compliance with Critical Stage Inspections and other Inspections nominated by the Principal Certifying Authority

63. Section 6.5 of the Act requires certain specific inspections (prescribed by clause 162A of the Regulations) and known as ‘Critical Stage Inspections’ to be carried out for building work. Prior to permitting commencement of the work your Principal Certifying Authority is required to give notice of these inspections pursuant to clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

Construction

64. The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has been supplied with a check survey report prepared by a registered surveyor certifying that the floor levels and external wall locations to be constructed, comply with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies. The slab shall not be poured, nor works continue, until the Principal Certifying Authority has advised the builder/developer that the floor level and external wall setback details shown on the submitted survey are satisfactory.

In the event that Council is not the Principal Certifying Authority, a copy of the survey shall be provided to Council within three (3) working days.

On placement of the concrete, works again shall not continue until the Principal Certifying Authority has issued a Certificate stating that the Condition of approval has been complied with and that the slab has been poured at the approved levels.

Salinity

65. The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has confirmed that all required construction measures addressing salinity, as required by this Consent and its accompanying Construction Certificate have been carried out.

Landscaping/Site Works

66. All turfed areas shall be finished level with adjoining surfaces and also fall evenly to approved points of drainage discharge.

67. New 1.8m high lapped and capped timber paling or colorbond fences (colour to be sympathetic with the development) determined in consultation with adjoining property owner(s), are to be erected along and within the side and rear boundaries and between courtyards at full cost to the developer, such fencing to be constructed on or within the property boundary. In situations where the boundary fence is proposed on top of a retaining wall, the height of the fence shall not exceed a maximum of 2.4m as measured from the lower adjacent ground level. A Statutory Declaration or other documentary evidence of such consultation is to be submitted to the Principal Certifying Authority.

Tree Protection

68. The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment. If any tree/s are not shown on the endorsed plan or are required to be retained and protected but are threatened by demolition/construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to cease until the matter is resolved to the satisfaction of Council. Council’s Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered.

Pruning of Branches

69. Branches of trees to be retained/transplanted within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with Australian Standard AS4373-1996 ‘Pruning of Amenity Trees’ to enable demolition/construction works to occur.

Note: Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities.

Inspection of Works

70. The stormwater drainage works are to be inspected during construction, by the Council or by a suitably qualified Civil Engineer. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

(a) Initial inspection to discuss concept and site conditions/constraints prior to commencement of the construction of the detention basin/tank.

(b) Prior to landscaping of the detention basin or pouring of the roof of the detention tank.

(d) Final Inspection.

Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.

71. The stormwater drainage works connecting into the Council stormwater pipe shall be inspected by Council during construction. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

· Initial inspection to discuss concept and site conditions/constraints prior to commencement of the drainage connection.

· Prior to backfilling of the trench following the laying and connection of the storm water pipe.

· Final Inspection.

Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.

Note: A private certifier or PCA cannot be engaged to do this inspection.

Road Works and Footpaving

72. Pedestrian access, including disabled and pram access, is to be maintained as per Australian Standard AS1742.3 “Part 3 – Traffic Control Devices for Works on Roads”.

73. All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction.

Underground Cabling

74. All communications cabling shall be installed underground as per relevant authority requirements (including broadband and Category 5).

Power Connection

75. Where power connection is not available on the same side of the street an intermediate power pole (one power pole per development site) can be provided within the front setback of the property to allow above-ground connection from the existing power lines (for dwellings, secondary dwellings and dual occupancy developments only).

Connection from the intermediate power pole to each dwelling must be underground.

Rainwater Tank

76. The design of any aboveground rainwater tank(s) should allow a horizontal clearance of at least 450mm for pedestrian movement. The tank(s) must not exceed 2.4 metres in height above ground level, including any stand for the tank(s).

Vehicle Cleansing

77. Concrete trucks and trucks used for the transportation of building materials shall not traffic soil, cement or similar materials onto the road. Hosing down of vehicle tyres shall be conducted in a suitable off-street area where wash water is prevented from entering the stormwater system or adjoining property.

Importation of Fill

78. All imported fill shall be validated in accordance with Council’s Contaminated Land Policy to ensure that it is suitable for the proposed land use from a contamination perspective.

Additional Information during Demolition/ Construction

79. Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to Council immediately.

PRIOR TO ISSUE OF A FINAL OCCUPATION CERTIFICATE

The following conditions are to be complied with prior to the issue of a final occupation certificate:

Certificates/Documentary Evidence

80. A final clearance is to be obtained from Integral Energy if such clearance has not previously been issued.

Sydney Water

81. A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.

Application can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

Go to sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised Water Servicing Coordinator or Sydney Water.

Following application, Sydney Water may issue a Notice of Requirements letter detailing all requirements that must be met prior to the issue of the section 73 certificate.

The section 73 compliance certificate must be submitted to the Principal Certifying Authority prior to the issue of a final occupation certificate.

82. A Structural Engineer’s certificate from the supervising structural engineer responsible for the design shall be submitted to the Principal Certifying Authority and shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer’s requirements and the relevant SAA Codes.

Note: Any such certificate is to set forth the extent to which the engineer has relied on relevant specifications, rules, codes of practice or publications in respect of the construction.

Landscaping/Tree Protection

83. Certification is to be provided to the Principal Certifying Authority (PCA), from the designer of the landscape proposal, that all tree planting/landscape works have been carried out in accordance with the endorsed plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate.

84. Two (2) Acer Palmatum trees are to be planted in a suitable location within the property in the front rear yard. The trees are to come from a minimum 45L container and be planted, so as not to affect existing services, and in accordance with the attached guidelines.

Fencing

85. Boundary and courtyard fences must be erected and finished in a professional manner.

86. The development site has been identified as a flood affected site in the 1% Annual Exceedance Probability (AEP) storm event. In this regard, the entire northern fence and half of eastern and western fence on the northern side shall need to be constructed in accordance with Council’s standard detail SD8025. The pool type fencing shall need to be provided at the base of the boundary fence to the extent of the 1% AEP post development flood level. The fencing shall need to be constructed in consultation with adjoining affected property owners at full cost of the owner of this development prior to the issue of any occupation certificate.

Certification

87. The On-site Stormwater Detention design summary calculation sheet using the Works-as-Executed levels shall be provided to Council.

On-Site Stormwater Detention, Certification, Covenant and Maintenance Schedule

88. A copy of the as approved stormwater drainage and On Site Detention plan showing work as executed details shall be submitted to Council. The work as executed plan shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention.

89. A certificate of compliance in accordance with Council’s standards and specifications for stormwater and On Site Detention plan shall be issued to the Principal Certifying Authority by a suitably qualified Civil Engineer.

90. Documents giving effect to the creation of a Positive Covenant and Restriction on Use over the as constructed On Site Detention shall be submitted to the authority benefited for approval prior to lodging with the Land and Property Information NSW. The wording of the terms of the Positive Covenant and Restriction On Use shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention. The documents shall be approved by the benefiting authority for registration with Land and Property Information NSW.

Note: Prior to release of the documents creating the Restriction on Use and Positive Covenant, the benefiting authority shall be satisfied that the as-constructed On Site Detention is in accordance with the approved drawings and Council requirements.

The Positive Covenant and Restriction on Use documents shall be registered with the Land and Property Information NSW within six (6) months from the date of release by the benefiting authority.

91. A maintenance schedule for the stormwater and On-Site Detention system including a sketch plan of the components forming the sites stormwater and On-Site Detention system shall be submitted. The maintenance schedule shall be prepared by a qualified hydraulic engineer and shall be in accordance with the Upper Parramatta River Catchment Trust requirements.

On-site Stormwater Detention Plate

92. An On-site Stormwater Detention plate shall be installed within the detention basin or tank. The plate shall be located in or near the Discharge Control Unit to alert future owners of their obligations to maintain the facility and its restrictions. The wording and plate shall be in accordance with Council’s standard requirements.

93. The applicant shall provide a standard OSD sign within the aboveground basin area in accordance with Clause 7.1 (i) of the Council’s OSD policy.

Inter-allotment drainage

94. Stormwater pipe running through a lot while serving another lot shall be covered by a one meter wide easement. The easement shall be shown on the linen plan and noted on section 88B instrument specifying burdened and benefiting lots. Documents relative to the creation of the easement to be lodged with the NSW Land Registry Services with registration being effected prior to subdivision certificate is issued.

Parking/Driveway

95. The vehicle crossing between the street and front boundary shall be constructed of plain concrete with no colour or stencilling.

Road Works

96. Any works requiring levels within the road reserve will require the submission of Council’s Vehicle Crossing application form.

97. A full width medium duty vehicular crossing shall be provided opposite the shared vehicular entrance for the development, with a minimum and maximum width of 5m at the boundary line. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

98. The reconstruction of cracked and/or damaged concrete footpath, kerb and gutter, and any associated works along all areas of the site frontage. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD 8100 and issued level sheets.

99. The reconstruction of concrete footpath paving and associated works along all areas of the site fronting at Irrigation Road, South Wentworthville. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8100 and issued level sheets.

100. Removal of all redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing number SD-8100.

101. A certificate of compliance for the construction of the vehicular crossing/s, footpath paving, kerb and guttering, roadworks and stormwater drainage shall be obtained from Council and be submitted to the Principal Certifying Authority.

House/Street Number

102. A house/street number must be displayed on all newly developed properties

The unit /dwelling numbers are as follows:

· Unit/Lot 1: 43B Irrigation Road, South Wentworthville; and

· Unit /Lot 2: 43A Irrigation Road, South Wentworthville.

General

103. Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent and its accompanying Construction Certificate.

PRIOR TO RELEASE OF LINEN PLAN

The following conditions are to be complied with prior to the Release of the Linen Plan:

Linen Plan

104. The linen plans for the subdivision when lodged for final approval must be accompanied by four (4) copies and linen plan release fee of $200.90.

88B Instrument

105. As per condition 90 of this Development Consent a restriction on the use of the land and a positive Covenant are to be created for the protection and ongoing maintenance of the On Site Detention. The Section 88B instrument required is to be created in association with the subdivision and is to be in accordance with Cumberland Council’s standard wording. The instrument should also be used to create any Right of Carriageway and easement required. Provision is to be made for the General Manager of the Council or his/her designate to sign the document and it is to be appropriately noted on the linen plan of strata subdivision.

Public Utilities

106. The Principal Certifying Authority is to be provided with a current Section 73 Certificate for the property from Sydney Water.

107. Public utility services (including water, sewer, electricity and telephone) shall be provided and any easements necessary created to the satisfaction of the relevant servicing authorities.

Evidence of such is to be submitted prior to release of the linen plan of subdivision.

Easements

108. A reciprocal easement for support over proposed Unit/Lot 1 and proposed Unit/Lot 2 shall be created and submitted to the Principal Certifying Authority prior to the release of the subdivision certificate.

General

109. Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent and its accompanying Construction Certificate.

CONDITIONS RELATING TO USE

The following conditions are applicable to the use of the development:

Safety and Amenity

110. Where an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

Noise

111. The operation of the pump from the rainwater tank shall not give rise to an equivalent continuous (LAeq) sound pressure level at any point on any residential property greater than 5dB(A) above the existing background LA90 level (in the absence of the noise under consideration). Council may require an Acoustic Report to be submitted, prepared by a suitably qualified person, to ensure this requirement is met in the event of Council receiving complaints.

112. The operation of all plant and equipment shall not give rise to an equivalent continuous (LA_eq) sound pressure level at any point on any residential property greater than 5dB(A) above the existing background L_A90 level (in the absence of the noise under consideration).

113. Noise and vibration from the use of the air conditioning system (if any installed) shall not exceed the background level by more than 5dB(A) and shall not be audible in any premises of a different occupancy between 10:00pm and 7:00am on weekdays and 10:00pm and 8:00am on weekends and public holidays.

General

114. All privacy measures as required by this development consent shall be maintained for the life of the development and shall not be altered without prior approval of Council.

ADVISORY NOTES

Other Necessary Approvals

A. The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:

(a) Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council’s Tree Preservation Order protects trees by definition taller than 3.5m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council’s Tree Management Officer.

(b) Any fencing located forward of the proposed building and exceeding the limitations specified in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.

B. If you carry out building work as an owner builder and sell your home within seven (7) years from the date of completion (date of final occupation certificate), then a Certificate of Insurance must be attached to your Contract of Sale.

C. Modifications to the approved plans will require the lodgement and consideration by Council of a modification application pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979.

D. Section 8.7 of the Act provides that an applicant who is dissatisfied with the Council’s determination of the Development Application may appeal to the Land and Environment Court within six (6) months of the date of determination, or as otherwise prescribed.

E. Section 8.3 of the Act provides that an applicant may request, within six (6) months of the date of determination of the Development Application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

It should also be noted that an application under Section 8.3 of the Act cannot be reviewed/determined after 6 months of the date of determination. Therefore, the submission of a Section 8.3 Application must allow sufficient time for Council to complete its review within the prescribed time frame, including the statutory requirement for public notification.

F. DIAL BEFORE YOU DIG

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

G. A Construction Certificate shall be obtained in accordance with Section 6.7 of the Act, prior to the commencement of any work on site. Council can provide this service for you.

H. An Occupation Certificate is to be issued by the Principal Certifying Authority prior to the occupation of the building.

I. DEMOLITION

(a) Demolition is to be carried out in such a way and with such control measures as are necessary to prevent the occurrence of any dust, noise, runoff or other nuisance.

(b) All sediment/soil is to be prevented from entering Council's stormwater drainage system.

(c) The public footpath and roadway is to be protected against damage as a result of demolition activities and is to be kept clean and free of all soil and other materials.

(d) On completion of demolition the site is to be left in a clean and tidy condition.

(e) Cumberland Council has a Tree Management Order which applies to the entire Cumberland Council. No ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees exceeding 3.5m in height and 3m in branch spread shall take place without the prior written consent of Cumberland Council.

(f) There shall be no burning of any waste, as this is prohibited within the Cumberland Council.

(g) Demolition material can be recycled saving the environment and also tipping costs. For more information, contact the Environment Protection Authority’s Recycling hotline on 9325 5555.

(h) Public roads shall be kept clean and free of any materials which may fall from vehicles or plant to ensure safety and amenity of the area.

J. CONSTRUCTION/OCCUPATION CERTIFICATE FEES

An administration fee per certificate (in accordance with Council’s adopted fees and charges) is payable to Council on lodgement of Construction and Occupation Certificates from Principal Certifying Authorities.

K. BANK GUARANTEES

Bank guarantees will be accepted from list of banks which have at least an “A” rating from Standard and Poors and at least an “A2” or “Prime-1” standard from Moodys Investor Services.

To enable the bank guarantee to be enforceable during an entire project with consideration for delays, the guarantee must not contain a facility expiry date.

To get to Standard and Poors www.standardpoors.com then from Ratings Action choose Ratings Lists. Then click on Financial Institutions followed by clicking on Financial Institutions Counterparty Ratings List. Go to “Banks” and download to Australian Banks.

To get to Moodys www.moodys.com then look up Ratings and then Banking and then Bank Ratings list. It will take you to Bank Credit Research page. Look at the table of contents and choose Global Bank Ratings by Country. Look up Australian Banks.

L. SMOKE DETECTORS

A system of self-contained smoke alarms complying with the requirements of AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products being installed in the dwelling, connected to the mains power supply and provided with a standby power supply. Alarms are to be positioned on the ceiling and setback a minimum distance of 300mm from any wall. Alarms are to be placed in the vicinity of each area containing bedrooms with a minimum of one (1) alarm required for each storey of the dwelling.

M. TERMITE PROTECTION

Structural members are to be protected from attacked by subterranean termites in accordance with the requirements of AS3660.1-2000 Protection of building from subterranean termites and a durable notice must be affixed within the metre box indicating the type of protection, its date of installation, life expectancy of any chemical barrier used, and system maintenance and inspection requirements. A certificate of compliance of the approved system must be submitted to Council or the Principal Certifying Authority on completion of the system installation. With respect to chemical protection, a pipe system shall be installed beneath the slabs plastic membrane to allow re-application of the chemical border.

N. WET AREAS

Wet areas in the dwelling are to be waterproofed in accordance with AS3740 Waterproofing of wet areas within residential buildings.

Where Council is the Principal Certifying Authority for the works, the submission of evidence of suitability for the waterproofing product used will be required at the wet area inspection stage. The evidence of suitability is to be in the form of:-

1. A current Certificate of Accreditation for the product.

AND

2. A certificate from the person responsible for the installation of the product advising that the product was applied in accordance with the relevant manufacturers specifications.

Note: Any copy of documentary evidence submitted, must be a complete copy of the original report or document.

O. LANDINGS

A landing having a minimum length of 750mm and a grade no steeper than 1.50, must be provided where the sill of a threshold of a doorway opens onto a stair that provides a change in floor level or floor to ground level greater than 3 risers or 570mm in accordance with Clause 3.9.1.3 (Stair Construction) of the Building Code of Australia.

P. SOUND TRANSMISSION AND INSULATION

To ensure the amenity of occupants in attached residential development (Class 1 buildings), separating walls must be constructed in accordance with Part 3.8.6 of the Building Code of Australia.

Q. GLAZING CERTIFICATION

A certificate shall be submitted to the Principal Certifying Authority stating that safety glazing has been used in the building in accordance with AS1288 - “Glass in Buildings - Selection and Installation”.

R. TELECOMMUNICATIONS ACT 1997 (COMMONWEALTH)

Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution.

Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact Telstra’s Network Integrity Team on Phone Number 1800810443.

S. DIVIDING FENCES

Please be advised that arrangements concerning existing or proposed fences between properties are a civil matter determined by the involved parties under the Dividing Fences Act. You are therefore required to consult with the owners of neighbouring properties if fences are to be removed or constructed.

The Dividing Fences Act is administered by the Department of Lands who can act as a mediator in disputes.

Yours faithfully

Jai Shankar

COORDINATOR - DEVELOPMENT ADVISORY SERVICES

Cumberland Local Planning Panel Meeting

10 December 2019

ATTACHMENT 6

Holroyd Development Control Plan 2013

The relevant objectives and provisions of Holroyd Development Control Plan 2013 have been considered in the following assessment table:

Part A – General Controls

Subdivision

Comment

Yes

N/A

Torrens title subdivision is proposed as part of the application and is compliant with Clause 4.1A of the Holroyd Local Environmental Plan 2013.

Roads and Access

Comment

Yes

N/A

Proposed vehicular crossing (VC) and driveway are centralised. The driveway width is 5 metres and will provide access to the single garages.

Car Parking

No.

Clause

Comment

Yes

N/A

3.1

Minimum Parking Spaces

2 car parking spaces per dwelling (1 undercover)

The development proposes a single garage for each dwelling and an additional stacked parking space on the driveway.

Trees and Landscape Works

No.

Clause

Comment

Yes

N/A

Trees at rear to be removed. The tree advice received on 21 August 2019 suggests the removal of the trees is satisfactory.

Biodiversity

No.

Clause

Comment

Yes

N/A

There is no evidence of any terrestrial biodiversity on the site. Therefore, these provisions are not applicable.

As shown on Council’s Biodiversity Map, the site is not affected by ‘biodiversity’.

Soil Management

No.

Clause

Comment

Yes

N/A

6.2

Site Contamination and Land Filling

The site is not identified in Council’s records as being contaminated. A site inspection reveals the subject site is currently used for residential purposes ad that the site does not have any obvious history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated.

6.3

Erosion and Sediment Control

Submitted Erosion and Sediment Control Plan is considered to be satisfactory.

6.5

Salinity Management

The site is located on land identified as being affected by moderate salinity; appropriate conditions of consent have been included within the draft conditions of consent.

Stormwater Management

The submitted stormwater plan has been reviewed by Council’s Development Engineering department and is considered to be satisfactory.

Flood Prone Land

The subject site is subject to stormwater flooding. The submitted plans have been reviewed by Council’s Development Engineering department and are considered satisfactory.

Managing external road noise and vibration

The site is not located in or adjacent to a classified road or rail corridor.

10.

Safety and Security

The front entry and windows to habitable rooms address the street frontage to provide a high level of surveillance

Safety and security is satisfactory.

11.

Waste Management

The submitted Waste Management Plan is considered to be satisfactory.

12.

Services

Water, sewer, overhead electricity and underground telephone facilities are available to the proposed units.

Part B – Residential Controls

1.1

Building Materials

No.

Clause

Comment

Yes

N/A

Building materials for new residential development and for additions to existing residential development must be compatible with the streetscape and character of its locality.

Facades are well articulated for the character of the streetscape.

1.2

Fences

No.

Clause

Comment

Yes

N/A

Maximum height of 1.5m, maximum 1m solid.

1.2m front fence with solid to a maximum height of 471mm

1.3

Views

No.

Clause

Comment

Yes

N/A

Where significant and/or district views are currently enjoyed, or where views may be reasonably created, the design of development shall be designed to minimise the obstruction of such views.

The proposal does not obstruct the views of adjoining properties.

1.4

Privacy

No.

Clause

Comment

Yes

N/A

The windows of dwellings are to be located so they do not provide direct and close views into the windows of habitable rooms and private open spaces of adjoining dwellings.

Northern Elevation:

Views from the living/dining room windows and the alfresco area on the ground floor level will be minimised by the rear setback of more than 11m, additionally planting is proposed along the rear boundary to maintain visual privacy. First floor rear facing windows are bedrooms and do not impact the visual privacy of adjoining dwellings.

East Elevation

Ground floor east facing living room window is privacy treated to a height of 1.5m from the FFL. First floor east facing windows are privacy treated to a height of 1.5m from the FFL.

The first floor windows belong to bedrooms and a hallway and do not impinge on visual privacy.

West Elevation

Ground floor west facing living room window is privacy treated to a height of 1.5m from the FFL. First floor west facing windows are privacy treated to a height of 1.5m from the FFL.

The first floor windows belong to bedrooms and a hallway and do not impinge on visual privacy.

South Elevation

Street facing and will not cause any privacy impacts.

Window sills shall have a maximum height of 1500mm are required in ground floor living areas located higher than 1 metre above existing ground level and within 6 metres of the property boundary.

Note:

• The placing of windows shall be based on the detailed site analysis prepared for the development proposal.

• The use of windows which are narrow, translucent or obscured for upper floors and bathrooms is recommended.

The floor levels of the dwellings are less than 1 metre above the exiting ground level and do not require high sill windows.

Where a proposed deck overlooks outdoor living areas of adjacent dwellings, suitable screening is to be provided, at a minimum height of 1500mm.

The rear alfresco/terrace area of unit 1 and unit 2 will have overlooking impacts. A condition shall be imposed for the alfresco openings to be fitted with a privacy screening along the east and west elevations with a minimum height of 1.5m above the finished floor level.

Landscaping shall be designed to provide screening and filtering for control of privacy and to reduce overlooking of dwellings.

Adequate landscaping is provided throughout the site with garden beds along the rear boundaries within the courtyards to provide adequate screening.

Developments shall utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings.

Adequate building separation is proposed to maximise acoustic privacy. A minimum of 900mm setback from side boundaries is achieved.

Air conditioners, swimming pool pumps and the like are not to exceed 5dba above background noise levels and should not be audible from habitable rooms of neighbouring dwellings.

Note: Air conditioners, swimming pool pumps and the like shall comply with the protection of the environment operations act and noise regulation.

The development consent shall include relevant conditions to ensure the air conditioners do not exceed 5dba above background noise levels.

Balconies shall not extend beyond the required setback.

All balconies proposed are within the required setbacks.

All balconies and decks higher than 800mm above existing ground level shall incorporate

privacy measures to ensure that the privacy of surrounding residents is not unduly reduced,

Note:

Privacy measure may include (but are not limited to:)

• screening in the form of walls, screens or lourves

• landscape planting

• lattice or similar on top of side and rear fencing

A condition shall be imposed for the alfresco openings to be fitted with a privacy screening along the east and west elevations with a minimum height of 1.5m above the finished floor level.

1.5

Landscaping and open space

No.

Clause

Comment

Yes

N/A

Landscaped area shall be a minimum of 2 metres wide and is to be, where possible, at ground level.

The landscaped area for the proposed development has a minimum width of 2 metres.

No more than 50% of the provided landscaped area shall be forward of the front building line.

The landscaped area is predominantly in the rear yard of the proposed development.

Only hard paved areas for the purposes of driveways and pathways will be permitted within the front setback area, and shall be kept to a minimum. Hard paved areas shall not cover the entire front setback area.

The front setbacks of the proposed dwellings only include driveways and as hard paved area.

Where an access driveway is located on the side boundary or where an internal roadway is to be provided, a landscape strip of 1 metre shall be provided.

Central driveways are proposed, therefore >1m landscaping is proposed along the side boundary of the driveway

The % of the total site area to be provided as landscape area for each residential development

type shall be as follows:

• 25%- Dwelling house, dual occupancy and attached housing development on lots greater than

600m2.

The subject application proposes 32.3% of landscaped area for the subject site at a minimum width of 2 metres. (199.5m² landscaped area)

• Only be located at the rear or side of the dwelling

• Be at located ground level. Structures such as decks proposed to be included as private open spaces, which are equal to or less than 500mm above ground level dwelling, and complies with all other criteria, may be considered by Council based upon their merits.

• Minimise overlooking opportunities and shall not decrease the visual privacy of neighbouring development.

• Accommodate both passive and active recreation uses.

• Must be directly accessible from a main living area of the dwelling (i.e. lounge/dining/rumpus room).

• Provided for the exclusive use of the occupant(s) of the dwelling house;

• Include an area for external clothes drying with good solar access where possible, which is not visible from a public area.

• Shall not be steeper than a 1:8 gradient. For steeply sloping sites, Council may consider terrace type stepping, which must have a length to width ratio no greater than 3:1.

The proposed private open space area for each dwelling:

- Is located at the rear of the subject site;

- Is located at ground level;

- Does not impact on the privacy of adjoining properties;

- Is directly accessible from the main living area;

- Is for the use of the occupants of the dual occupancy units;

- Includes an area for clothes drying not visible from the street with adequate solar access; and

- Is not steeper than a 1:8 gradient.

Rear private open space areas are to have external access either through an associated garage or directly from a common area in order to facilitate maintenance of the private open space and storage of garbage bins.

The private open space area for each dwelling can be accessed directly from the side boundaries which can be utilised to maintain the area and for the storage of garbage bins.

Private open space shall be provided at ground level in a single tract with a minimum dimension of not less than 3.0 metres.

The proposed private open space area for each unit is at ground level with a minimum width of 3 metres.

Principal private open space shall have a minimum dimension of 4 metres, have direct access from a major living area of the dwelling and be clear of all structures, including posts.

The principal private open space for each dwelling has a minimum dimension of 4 metres, is directly accessible from the main living area and is clear of any structures.

15% of the total site area is to be provided as private open space for dwelling house, dual occupancy and attached housing developments and this shall include a principal area of 25m2.

The proposed private open space is approximately 38.8% (239.5m²) of the site area.

Proposed PPOS area for unit 1 is 85m² at min. 4m wide.

Proposed PPOS area for unit 2 is 83m²at min. 4m wide.

1.6

Safety and security

No.

Clause

Comment

Yes

N/A

The front door of a development should either be visible from the street or internal roadway, or overlooked by a window, and should be clearly visible from the driveway.

The front door is visible from the street for both the dwellings.

Blank walls along street frontages are prohibited.

No blank walls are proposed along the street frontage.

Landscaping that may allow would-be intruders to hide shall be avoided.

The landscaping within the front will not allow intruders the opportunity to hide.

1.7

Building and site sustainability

No.

Clause

Comment

Yes

N/A

Residential building designs should incorporate the following design principles for achieving a

more sustainable home:

• Effective building Orientation- attempt to take advantage of northerly aspects, where possible.

• Energy efficient building materials should be used

• Design to allow for cross ventilation- through window size, placement and ventilation.

• Create sustainable landscaping - deciduous trees on north side of dwelling and the planting of vegetable gardens.

• Window Protection- through external shading devices.

• Draught proofing and weather sealing- to prevent potential air leaks.

• Effective use of natural light- dwellings should be designed so that artificial lighting is not needed during the day.

The subject development is designed to achieve a sustainable home through:

- The placement of windows to improve natural lighting;

- The window placements to maximise natural ventilation;

- North facing living room for optimum solar access;

- Adequate landscaping; and

- The rainwater tanks to satisfy water sustainability.

A BASIX Certificate for the development accompanies the application detailing the compliance with the sustainable building design requirements under the BASIX Scheme.

The design and location of stormwater drainage structures, such as detention and rainwater tanks, is to be integrated with the landscape design and fencing for the site. Above ground structures should not be visually intrusive.

The proposed underground rainwater tanks are integrated with the landscape design and are not visually intrusive.

All roofing shall be provided with adequate gutter and downpipes connected to roof water drainage systems.

The proposed development is provided with adequate gutter and downpipes connected to drainage systems as assessed by Council’s Development Engineers.

Full details of proposed rainwater tanks shall be submitted with a Development Application for approval. Details are to include (as a minimum):

• Rainwater tanks shown on all plans, including floor plans and elevations,

• the configuration of inlet/outlet pipe and overflow pipe,

• the storage capacity, dimensions, structural details and proposed materials, and

• the purposes for which the tank is intended to be used, that is for washing machine use, toilet use and outdoor watering use.

Council shall impose a condition for Rainwater tanks to be shown on elevation plans prior to construction certificate. The details outlined in this provision have been detailed on the stormwater plans accompanying the application.

Rainwater tanks that are to be connected to toilets and washing machines and for outdoor water use are required (minimum 1 per dwelling) and must be located to the side or rear of the dwelling for single dwelling houses.

The proposal includes a 2000L (minimum) rainwater tank for each dwelling which are located to the side of the dwellings.

1.8

Sunlight access

No.

Clause

Comment

Yes

N/A

Residential development shall be designed to have as minimal impact as possible on the sunlight access and amenity obtained by existing adjacent properties and their dwellings.

The proposed development has been designed to have minimal impact on the sunlight access and amenity of the adjoining properties.

Applications for proposed dwellings shall demonstrate design mechanisms provided to ensure sunlight access to the proposed dwellings.

The proposed dwellings ensure sunlight access to the main living areas of the dwellings are achieved through the placement of east, north and west facing openings. The private open space of each dwelling has a direct north facing aspect which will receive adequate solar access.

New dwellings shall be designed to ensure direct sunlight access for a minimum of 3 hours between 9.00am and 4.00pm at the winter solstice (22 June) is provided to at least one main living area of the proposed dwelling/s.

Unit 1

The north facing living area openings will receive 3 hours solar access from 9am to 4pm in mid-winter.

Unit 2

The north facing living area openings will receive 3 hours solar access from 9am to 4pm in mid-winter.

The shadow effect from a proposed development on existing adjacent dwellings must be such that a minimum of 3 hours of direct sunlight between 9.00am and 4.00pm at the winter solstice (22 June) is to be provided to at least one main living area of existing dwellings.

The adjoining properties will continue to receive the required solar access to main living areas.

A minimum of 50% of the required private open space areas of the proposed dwellings and any adjacent dwellings shall have access to 3 hours of direct sunlight between 9.00am and 4.00pm at the winter solstice (22 June).

Unit 1 and unit 2 receive at least 3 hours solar access from 9am to 4pm in mid-winter. The neighboring properties at receive the required solar access to 50% of POS between 9am and 4pm.

Where sunlight is achieved through east and west facing windows, shading devices should be provided on those elevations for protection from the summer sun.

Solar access is mainly achieved through the north facing openings on each unit.

Proposed development should endeavour not to overshadow any existing solar panels on adjacent properties.

The southern adjoining properties do not include any solar panels.

1.9

Cut and fill

No.

Clause

Comment

Yes

N/A

Development is should be designed and constructed to integrate with the natural topography of the site.

The proposed dual occupancy development is integrated with the natural topography of the site with moderate cut and fill proposed.

Fill, up to 300mm, is permitted within 900mm of side or rear boundaries.

No fill proposed

Fill, 600mm or greater is to be contained within the building envelope.

Generally contained within the building envelope.

Cut is permitted to a maximum of 1 metre.

No cut proposed

Cut is to be limited to 450mm where it is within 900mm of the rear or side boundaries.

Maximum 450mm

1.10

Demolition

No.

Clause

Comment

Yes

N/A

Approval for the demolition of a dwelling, addition or outbuilding to a dwelling is required from Council.

Approval for the demolition of the existing structures is being sought under the subject application.

If the demolition involves removing asbestos, compliance with Council’s Asbestos Cement

Policy for the safe removal and disposal is required.

The proposed demolition works will be managed in compliance with Workcover’s Asbestos Cement Policy.

1.11

Car parking and roads

No.

Clause

Comment

Yes

N/A

Garages are to be a maximum of 6 metres clear width or 50% of the width of the buildings street elevation whichever is the lesser.

The garage widths are 3 metres which equates to 46.2% of the width of the building.

Garages and carports at grade are to be located a minimum of 1000mm behind the front wall of the building or 5.5 metres from the street boundary, whichever is greater.

The proposed garages are setback 8.3 and 7.939 metres from the street boundary

Where the width of the proposed dwelling house or detached dual occupancy is greater than 12 metres, garages and carports may extend 1.5m from the building façade.

Building width exceeds 12m; garages extend 270mm from building facade.

The size of any garage shall be no more than a maximum of 40m2. If the proposed garage is to be greater than 40m2, any area in excess of this will be considered to be floor space.

The garages have an area less than 20m² and therefore will not be considered as part of the floor space.

A lockable storage closet for each dwelling should be provided within the garage.

A storage space/open area in the garage can be provided for each dwelling.

For dwelling houses, dual occupancy and multi dwelling housing, parking in the case of each dwelling shall be separately accessible.

Separate accesses to the garages are provided for each dwelling.

Vehicular access points are to be minimised and should not break the continuity of the streetscape.

The vehicular access point proposed as part of the application is along 43 Irrigation Road which will not break the continuity of the streetscape.

Vehicle crossing/s shall be a minimum width of 3 metres (5 metres for single dwellings and dual occupancies that propose double or adjacent garages) and a maximum width of 5 metres at the boundary line. A width up to 6 metres can be considered for multi-unit complexes. Generally only one vehicular crossing will be permitted per site.

The proposed single vehicular crossing of 5.5m wide (conditioned) is compliant with the requirements

All new driveways should be located at least 1 metre away from the side property boundaries, or 1.5 metres in the case of Residential Flat Buildings.

The driveways are setback more than 1 metre from side boundaries.

The maximum gradient for a driveway should be 20%, or 1:5.

The proposed driveway gradients are less than 20% or 1:5.

1.12

Universal Housing and Accessibility

No.

Clause

Comment

Yes

N/A

Each unit provides for facilities on ground floor for people with a disability.

1.13

Subdivision

No.

Clause

Comment

Yes

N/A

Allotment orientation should ensure that living and private open space areas of any dwelling can be orientated to the north and that dwellings can be positioned so that the possible overshadowing impact on existing or future adjoining buildings can be minimised.

The orientation of the living areas and private open space areas maximises the solar access achieved for the development. The proposed dwellings have minimal impact on the solar access of the adjoining properties.

Council will allow the Torrens subdivision of dual occupancies and the strata subdivision of multi dwelling development subject to compliance with all other related controls contained in this DCP.

The subject application proposes the Torrens Title subdivision into 2 lots.

3.1

Specific requirements for attached dual occupancy development

No.

Clause

Comment

Yes

N/A

No more than one attached dual occupancy may be erected on a single allotment of land.

The minimum allotment size for an attached dual occupancy development is 500m2 in Zone R2 Low Density Residential and 450m2 in Zone R3 Medium Density Residential.

The minimum site frontage for an attached dual occupancy, as measured from the building line

is 15 metres.

Mirror reverse designs for attached dual occupancies are not permitted.

Architectural differentiation between the dwellings, such as variable setbacks is required.

Compatibility with the adjoining dwelling should be retained through roof pitch, colour

schemes, materials etc.

One attached dual occupancy proposed

Lot size=615.9sqm with 15.24m frontage

Architectural differentiation proposed

3.5

Site coverage

No.

Clause

Comment

Yes

N/A

The maximum site coverage for a dual occupancy is 50% of the site area.

The proposal achieves site coverage of 39.45% (243m²).

3.6

Setbacks

No.

Clause

Comment

Yes

N/A

The minimum setback from the principal streetscape frontage is 6 metres (with the exception of dwellings to rear laneways or secondary streets).

The minimum proposed front setback is 8.310m for unit 2 and 7.939m for unit 1.

Side setbacks are to be a minimum of 900mm.

The minimum side setbacks for the proposed dwellings are a minimum of 900mm on side boundaries.

Rear setbacks shall be a minimum 30% of the length of the site. This is irrespective of the location of private open space. This does not apply to corner lots.

The proposed rear setback is 14.993 metres which is 37.8% of the length of the site on the shortest boundary.

For corner lots, rear setbacks shall be a minimum of 4 metres. Rear setback relate to the proposed rear setback of the dwellings, not the existing rear setback.

The subject site is not a corner allotment.

An articulation zone shall be permitted in the front setback to the primary street frontage. The articulation zone is limited in width to 25% of the building width and 1.5 metres in length.

No encroachment into articulation zone of the 6m setback area.

3.7

Building height

No.

Clause

Comment

Yes

N/A

The maximum height of a dual occupancy dwelling is two (2) storeys.

The proposed dual occupancy is a maximum of 2 storeys in height (8.87m).

The minimum floor to ceiling height for a dual occupancy is 2.4 metres (Figure 26).

Each dwelling achieves the minimum floor to ceiling height of 2.4metres.

3.8

Building appearance

No.

Clause

Comment

Yes

N/A

Maximum length of walls along the first floor side boundaries shall be 10 metres without any indentations, offsets or other articulation features.

The first floor level side elevations exceed 10m east measuring 14.86m and west measuring 14.13m

Acceptable on merit as discussed within main report

At a minimum, the front façade of each dwelling in a dual occupancy shall orientate the front door and a window of a habitable room on the ground floor to address the principal street frontage.

Each dwelling includes a front door entry and a window on the ground floor level which addresses the street frontage.

Cumberland Local Planning Panel Meeting

10 December 2019

Item No: LPP079/19

Section 4.55(1A) Modification Application for 84-88 Warren Road,Smithfield

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA-2016/8/4

Application lodged	12 August 2019
Applicant	Planning Law Solutions Pty Ltd
Owner	K Q Thai, Q D Thai & T K Nguyen
Application No.	2016/8/4
Description of land	84-88 Warren Road, Smithfield
Proposed development	Section 4.55(1A) application to allow for permanent continuation of extended hours of operation and out of hours limited vehicle access to commercial laundry
Site Area	4186 m²
Zoning	IN2 – Light Industrial
Principal development standards	Floor Space Ratio – N/A Height of Buildings – N/A
Disclosure of political donations and gifts	Nil disclosure
Heritage	Site is not heritage listed and is not within a heritage conservation area.
Issues	· Hours of operation which do not comply with HDCP 2013 · Public submissions

Summary:

1. DA 2016/8/1 was approved under delegated authority for the use of an existing factory building as a commercial laundry on 31 May 2016. Condition 20 of that consent limited the hours of operation to 7 am to 4 pm Monday to Friday and 8 am to 12 pm Saturdays.

2. Modification application 2016/8/2 sought to change the hours of operation to 7 am to 7 pm, 7 days per week. That application was approved by the Cumberland Independent Hearing and Assessment Panel subject to amended trading hours of 7 am to 7 pm Monday to Saturday, no work Sundays or public holidays, subject to a 12 month trial period.

3. The applicant lodged a class 1 appeal against CIHAP’s determination of 2016/8/2 in the Land and Environment Court. Following a section 34 conference, an agreement was reached between the parties to modify the approved hours to include Saturdays 7 am to 7 pm and Sundays & public holidays 9 am to 4 pm.

4. DA 2016/8/3 was lodged with Council on 14 March 2018 and sought consent for additional truck movements outside the approved hours of operation as follows:

· Up to two delivery vehicles departing the site between 4 am and 7 pm on any day of the week, and

· Up to one delivery vehicle entering the site between 4 pm and 7 pm on a Sunday or Public Holiday.

That application also sought to end the trial period for the extended hours which was imposed under the previous modification application. DA 2016/8/3 was approved by the Cumberland Local Planning Panel on 14 November 2018, subject to a further 12 month trial period, and an additional condition requiring non-high frequency reversing beepers to be installed for the delivery trucks.

5. The subject application was lodged with Council on 12 August 2019, and notified for a period of fourteen days from 4 to 18 September 2019. Two public submissions were received as a result of the notification. Additional correspondence was received from the same objectors following conclusion of the notification period.

6. The application does not involve any new non-compliances with the relevant development standards or planning controls.

7. The application is being reported to the Cumberland Local Planning Panel for determination as the modification relates to a condition specifically imposed/altered by the Panel.

8. The application is recommended for approval subject to the conditions in the draft determination at attachment 3.

Report:

Subject Site And Surrounding Area

The subject site is known as 84-88 Warren Road, Smithfield. The legal description of the site is lot 42 in deposited plan 10958. The site is zoned IN2 – Light Industrial under the zoning provisions of the HLEP 2013.

The site has a splayed frontage of 46.448 m to the eastern side of Warren Road, and a total area of 4,186 m².

The site is located within an established light industrial area of Smithfield. The surrounding properties are predominantly industrial. However, there are residential properties to the north of the site on the opposite side of the Liverpool – Parramatta Transitway.

Aerial view of subject site and locality. Source: Cumberland Council 2019

Zoning map – subject site shown hatched. Source: Cumberland Council 2019

Description of The Proposed Development

The laundry operations are currently subject to a trial period for extended hours, and additional delivery vehicle movements outside the approved hours. This application seeks to conclude the trial period.

It was also identified during assessment of the application, that the wording of the condition regarding the additional vehicle movements requires refinement as it relates to vehicles departing the site on Sundays and public holidays.

The following table sets out the relevant site history.

Date	Action
31 May 2016	DA approved for the use of an existing factory building as a commercial laundry.
2 March 2017	Section 96(1A) modification application 2016/8/2 lodged with Council seeking approval to operate from 7 am to 7 pm, 7 days per week.
14 June 2017	DA 2016/8/2 approved by Cumberland Independent Hearing and Assessment Panel (CIHAP), subject to condition preventing any work from being carried out on Sundays or public holidays
27 July 2017	Applicant filed a class 1 appeal against the CIHAP determination
13 September 2017	Orders made to give effect to section 34 agreement between the parties to provide for the following hours of operation: · 7 am to 7 pm Monday to Saturday · 9 am to 4 pm Sundays and Public Holidays, subject to a 12 month trial period
14 March 2018	Modification application DA 2016/8/3 lodged with Council seeking to allow for additional truck movements outside the approved hours of operation.
14 November 2018	DA 2016/8/3 approved by CLPP, subject to a further 12 month trial period.
12 August 2019	DA 2016/8/4 (subject modification application) lodged with Council
4 October 2019	Application deferred, seeking additional information from the applicant
10 October 2019	Additional information submitted by the applicant
25 October 2019	Further clarification sought from the applicant regarding the early morning truck movements
7 November 2019	Additional information submitted by the applicant
10 December 2019	DA 2016/8/4 reported to CLPP for determination

Applicant’s Supporting Statement

A statement in support of the application prepared by Planning Law Solutions dated 5 August 2019 was submitted with the application.

Contact With Relevant Parties

The assessment officer has undertaken an inspection of the subject site and has been in contact with the applicant throughout the assessment process.

Internal Referrals

Environmental Health

The application was referred to Council’s Environmental Health Unit for comment. The response received 11 September 2019 indicates that the proposal is satisfactory, subject to an additional condition requiring annual review of the Plan of Management. The recommendation has been adopted in the draft determination at attachment 3.

Development Compliance

The application was referred to Council’s Development Compliance Officer for comment. The Development Compliance Officer provided the following comments:

· Development Compliance have received 35 complaints via e-mail (between 7/4/2019 – 12/5/2019) from 1 complainant [name redacted] regarding noise allegedly emanating from the Kong HWA Laundry.

· Development Compliance undertook covert surveillance of the Laundry on Sunday 14 and Monday 15 April 2019. During surveillance of the subject premises, it was observed that the laundry was not operating outside of their approved hours. This officer also noticed absence of activities and noise emanating from the subject premises. Officers are of the opinion that there are noises in the vicinity of the laundry; however cannot be directly assigned as coming from the laundry itself.

· Development Compliance is aware that on 19/4/2019, [name redacted] phoned the afterhour’s number to report a noise complaint at 6:34am; however also advised that Council not to attend due to lack of access to property.

· Development Compliance is aware that on 12/5/2019, [name redacted] phoned the afterhours number to report a noise complaint and a possible asbestos dump outside the laundry. A Council Ranger attended but was unable to substantiate noise from laundry, but identified a possible source from a nearby industrial estate.

· Development Compliance referred the issue to the NSW Environment Protection Agency (EPA), as the facility where the possible source was identified is operating under an Environment Protection Licence.

· Development Compliance has not had any complaints lodged since 12/5/2019.

External Referrals

The application was not required to be referred to any external agencies.

Planning Assessment

Section 4.55 (1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act)

Pursuant to section 4.55(1A), a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

Requirement	Comment
It is satisfied that the proposed modification is of minimal environmental impact	Council is satisfied that the proposed modifications involve minimal environmental impact. There is no change to the existing built form or the nature of the business being carried out. The extended hours of operation and additional vehicle movements have been in place for more than 12 months and information from Council’s Development Compliance Team indicates that the laundry has been complying with the approved hours.
It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and	The original application consented to the use of an existing factory building as a commercial laundry. The modification application proposes to conclude the trial period, which has now been in place for more than 12 months. There is no change to the existing built form or the nature of the business being carried out. Accordingly, the Panel can be satisfied that the development as proposed to be modified is substantially the same as that for which consent was originally granted.
It has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and	The application was notified in accordance with Part E of Holroyd Development Control Plan 2013.
It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.	Two submissions were received as a result of the notification. See discussion below regarding the issues raised in the submissions.
In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 as are of relevance to the development the subject of the application.	(a) The provisions of the applicable EPIs are discussed elsewhere in this report The provisions of the applicable DCP are discussed elsewhere in this report. There are no planning agreements or draft planning agreements related to this application. The regulations do not prescribe any matters for consideration. The likely impacts of the proposal are considered satisfactory. The site is considered to be suitable for the development as proposed to be modified. Two submissions were received as a result of the notification. See discussion below regarding the issues raised in the submissions. Approval of the subject application would not be contrary to the public interest.
The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.	(b) There were no reasons given by the consent authority for the grant of the original consent. (a) (b) See comments below regarding reasons provided for the determination of DA 2016/8/3.

The CLPP gave the following reason for its decision to approve DA 2016/8/3:

1. The Panel is of the opinion at this point in time that the trial period should not be eliminated but continue for a period expiring on 13 September 2019 in order to permit the Council to monitor and assess the noise impact of the premises on neighbours, as well as the noise impact of the additional truck movements outside the operating hours.

2. The additional condition 20B is imposed in order to minimise the noise impact on nearby properties outside normal operating hours.

The trial period has been in operation for more than 12 months, and whilst a number of complaints were received by Council in that period, none have been substantiated and Council’s Development Compliance Officer is of the view that the laundry operators are complying with their consent conditions. The complaints that have been received regarding the laundry operations allege that noise from washers and/or dryers is being emitted outside the approved hours. There have been no complaints received regarding the additional vehicle movements that were approved under the previous modification application.

Information submitted by the applicant indicates that a switch has been installed in each of the operator’s delivery trucks to silence the reversing beeper to address condition 20B. This is discussed in more detail at the HDCP 2013 section of this report.

Section 4.15 of the Environmental Planning and Assessment Act 1979

The provisions of any Environmental Planning Instruments (EP&A Act s 4.15(1)(a)(i)

The following Environmental Planning Instruments are relevant to the assessment of the subject application:

(a) State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55)

The requirement at clause 7 of SEPP 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development was considered under the original application. The proposed modification does not involve any physical works and does not raise any new concerns about potential contamination.

(b) Holroyd Local Environmental Plan 2013 (HLEP 2013)

The use is defined as ‘light industry’ under the provisions of HLEP 2013. Light industry is permitted with consent in the IN2 – Light Industrial land zone which applies to the land.

The Holroyd LEP 2013 defines light industry as “a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:

· high technology industry,

· home industry”

Holroyd LEP 2013 defines industrial activity as “the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.”

Subject to compliance with the conditions imposed on the original consent, and as modified by the previous modifications, the use will satisfy these LEP definitions.

There are no LEP non-compliances associated with the subject application. An HLEP 2013 compliance table is provided at attachment 1.

The provisions of any proposed instrument that is or has been the subject of public consultation (EP&A Act s4.15(1)(a)(ii))

No draft environmental planning instruments apply to the proposal.

The provisions of any Development Control Plans (EP&A Act s4.15(1)(a)(iii))

(a) Holroyd Development Control Plan 2013

The provisions of Part D – Industrial Controls of HDCP 2013 apply to the proposed modification application. Section 4, Part D of HDCP 2013 provides that industrial operations be limited to the following hours:

· 7am to 7pm Monday to Friday

· 7am to 12 noon Saturday and no work on Sunday.

The development as approved does not comply with the hours of operation specified in the DCP. The original approval provided for use of the site as a commercial laundry subject to the following hours of operation:

· Monday to Friday 7 am to 4 pm;

· Saturday 8 am to 12 pm;

· Sunday and Public Holidays No Work

DA 2016/8/2 (approved by the LEC on appeal) provided for the following amended hours of operation:

· 7 am to 7 pm Monday to Saturday

· 9 am to 4 pm Sundays and public holidays

DA 2016/8/3 was approved by CLPP on 14 November 2018, and provided for limited vehicular access to the site outside the approved hours of operation.

The extended hours and additional truck movements are currently subject to a trial period. The applicant seeks to delete references to the trial period as approved under previous modifications, and allow for permanent continuation of the extended hours and additional truck movements.

Council’s Development Compliance Team indicates that the operators have been generally complying with the conditions, and that the extended hours and additional truck movements are not having adverse noise or other impacts in the locality. Accordingly, it is considered appropriate to modify conditions 20, and 20A of the consent to remove references to the trial period.

Condition 20B was imposed by the Panel under the previous modification application (DA 2016/8/3). Condition 20B reads as follows:

20B. The vehicles mentioned in condition 20A shall be provided with a reversing warning system other than high frequency beepers to the satisfaction of Council’s Manager of Development Assessment.

Information submitted by the applicant indicates that switches have been installed in the delivery trucks to allow for silencing of the reversing beepers. This is not strictly in accordance with the terms of condition 20B. However, provided that the switch is utilised appropriately, it would have the desired effect of minimising the noise impact on nearby properties. It is recommended that condition 20B be modified to require the reversing beepers to be silenced for all truck movements that occur outside the approved operating hours, pursuant to condition 20A.

It is also recommended that condition 20A be amended to clarify the time for AM truck departures on Sundays and public holidays. As it currently reads, condition 20A allows for up to two delivery vehicles to depart the site between 4 am and 7 am on any day of the week. On Sundays and public holidays, the laundry operations are not to commence until 9 am. The applicant has requested that condition 20A be amended to provide for up to two vehicle departures between 4 am and 9 am. This is considered acceptable given there are no additional truck movements proposed, and as such there would not be any increase in noise emissions beyond that which has already been assessed and approved. This is reflected in the amended condition set provided at attachment 2.

Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4 (EP&A Act s4.15(1)(a)(iiia))

There is no planning agreement or draft planning agreement associated with the subject application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

The regulations do not prescribe any relevant matters for consideration.

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b))

The likely environmental, social and economic impacts of the development have been assessed and are considered satisfactory.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

The site is considered suitable for the development as proposed to be modified.

Submissions made in accordance with the Act or Regulation

In accordance with Part E - Public Participation of HDCP 2013, the proposal was publicly notified for a period of 14 days from 4 to 18 September 2019. As a result of the notification, Council received two public submissions.

The issues raised in the submissions are addressed in the following table:

Concern	Response
Ongoing non-compliance with approved hours – trucks leave well before 7 am and arrive well after 7 pm	The laundry is currently operating subject to a trial period for extended hours of operation. The conditions that currently apply provide for up to two truck movements between 4 am and 7 am, and one truck movement between 4 pm and 7 pm. Council has no record of any complaints regarding trucks arriving at the site after 7 pm. However, this would constitute a non-compliance with the consent.
Over 40 complaints made to Council since September 2017 regarding operation outside approved hours, resulting in 6 infringement notices being issued by Council	Since the determination of the previous modification application (DA 2016/8/3) by the CLPP in November 2018, Council has received a number of complaints regarding noise from the premises. This includes 35 complaints via email between 7 April 2019 to 12 April 2019. However, none of those complaints have been substantiated by Council, and no penalty notices have been issued.
Acoustic reports indicate that noise increases overnight	Acoustic impacts of the hours of operation and additional vehicle movements were assessed under previous modifications, and were considered satisfactory subject to conditions. No new acoustic report was submitted with this application.
Majority of machinery at the laundry is operated by gas and as such electricity data does not prove that the laundry isn’t operating overnight.	According to Council’s Environmental Health Officer, gas is used to generate hot water and steam and is not used as a motive power source (to drive washing machine and/or dryer baskets/drums) and therefore, gas would not be consumed independent of the washing machine or dryer being used. All machines other than a boiler are operated by electricity. Council requested electricity data from the provider in October 2017 to assist in investigating allegations that the laundry was operating outside the approved hours. Council officers were satisfied, following their review of the electricity data, and other available information, that the laundry is not operating outside the approved hours.
EPA investigation established that noise is not emanating from an operation in Herbert Place, Smithfield.	Council has requested, but as yet has not received, confirmation from EPA regarding whether the identified operation at Herbert Place, Smithfield, is complying with the conditions of its EPA licence.
Trucks associated with the laundry continue to use high frequency reversing beepers.	Information provided by the applicant indicates that low frequency reversing beepers have not been installed as required by condition 20B. However, switches have been installed to silence the reversing beepers, and this has been confirmed by Council’s Development Compliance Officer. It is recommended that condition 20B be modified to require that the silencing switches be engaged when truck movements permitted by condition 20A are occurring. High frequency reversing beepers can still be utilised when truck movements occur within the standard operating hours, or if the truck is being used at a different location.
Out of hours water usage	The mains water supply pressure is inadequate for the laundry during the normal operating times. Therefore, it is necessary to fill the water tanks at a time when other nearby businesses are closed and/or not drawing water. The automatic filling of water tanks is not considered to be an ‘activity’ for the purposes of condition 20, and as such, water usage (in the absence of electricity data) is not considered to constitute evidence that the laundry is ‘operating’ outside its approved hours.
Request for the application to be referred to the Cumberland Local Planning Panel for determination.	The application is being reported to the CLPP for determination in accordance with State and local policies.

The public interest (EP&A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis, it is considered that approval of the application would not be contrary to the public interest.

Disclosure of Political Donations And Gifts

The application and notification process did not result in disclosure of any political donations or gifts.

Conclusion:

The subject modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013. There is no evidence that the extended hours of operation, or the additional truck movements are resulting in any adverse impacts in the locality. Accordingly, it is considered appropriate to approve this application and allow for permanent extension of the hours of operation and additional out of hours truck movements.

Consultation:

There are no consultation processes for Council associated with this report.

Financial Implications:

There are no financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

Report Recommendation:

1. That DA 2016/8/4 which seeks approval for permanent continuation of extended hours of operation and out of hours, limited vehicle access to commercial laundry, be approved subject to the conditions within the draft notice of determination provided at attachment 3.

2. That the persons who lodged a submission in respect of the application be notified of the determination.

Attachments

1. HLEP 2013 Compliance Table

2. HDCP 2013 Compliance Table

3. Draft Notice of Determination

4. Applicant's Planning Statement

5. Redacted Public Submissions

Cumberland Local Planning Panel Meeting

10 December 2019

Item No: LPP080/19

Section 4.55(2) Modification Application for 127-129 Great Western Highway, Mays Hill

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA 2016/490/4

Application lodged	23 August 2019
Applicant	Baini Design Pty Ltd
Owner	Dardas (Aust) Pty Ltd
Application No.	2016/490/4
Description of Land	127-129 Great Western Highway Mays Hill
Proposed Development	Section 4.55(2) modification application for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements
Site Area	1085.7 m²
Zoning	B6 – Enterprise Corridor
Principal development standards	Height of Buildings – 23 m & 17 m Floor Space Ratio – 2.0:1
Disclosure of political donations and gifts	Nil disclosure
Heritage	Subject site is not within the vicinity of any heritage item or heritage conservation area
Issues	· Height non-compliance · Streetscape presentation · Design quality

Summary:

1. The subject application was lodged on 23 August 2019 and notified to surrounding properties from 18 September to 9 October 2019. No submissions were received as a result of the notification.

2. The application was deferred on 17 October 2019 and amended plans were submitted on 31 October 2019.

3. The application is being reported to the Cumberland Local Planning Panel (CLPP) for determination as it involves a variation to the height of buildings development standard.

4. The subject application has been assessed against the relevant provisions of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Infrastructure) 2007, Holroyd Local Environmental Plan (HLEP) 2013 and Holroyd Development Control Plan (HDCP) 2013.

5. The proposed modification application seeks consent for additional structures within the rooftop communal open space area that would exceed the applicable height of buildings standard. These variations are not supported, as discussed in detail in the report. The proposal also results in a minor increase in the overall height to the top of the lift overrun which is considered supportable. The extent of the variation proposed is as follows:

Control	Required	Proposed	% Variation
Height of building	23 m max	25.485 m	10.8%

6. The application is recommended for part approval subject to the conditions set out in the draft determination at attachment 4.

Report:

Introduction

The subject site is known as 127-129 Great Western Highway Mays Hill, and is legally described as lot 1 in DP 433208, and lot 332 in DP 13239. The site has an area of 1014.91 m², frontage of 47.245 m to Great Western Highway and 39.985 m to Burnett Street. The site currently contains two detached dwellings with associated outbuildings and a number of established trees. Demolition of existing structures and removal of trees was approved under the original application.

The site is zoned B6 – Enterprise Corridor, as are the majority of the surrounding sites. The land to the south east is zoned R2 – Low Density Residential.

There is current approval for a seven storey mixed use development with ground floor business space, and 31 residential units on the subject site. The locality is undergoing transition to higher density developments in line with the planning controls that currently apply.

Aerial view of the locality with subject site shown hatched. Source: Cumberland Council 2019

Zoning map with subject site shown hatched. Source: Cumberland Council 2019

Subject site – Great Western Highway frontage. Source: Google maps 2019

Subject site – Burnett Street frontage. Source: Google maps 2019

Description of The Proposed Development

Proposed amendments as identified in the planning statement submitted with the application are as follows:

· Inclusion of cleaner’s storage and WC at upper basement level

· Reconfiguration of unit 31 layout on sixth floor

· Additional pool/spa, toilet and outdoor entertaining area to roof top terrace

· Change of brick finish to Hebel system for external and internal walls

· Amendment to façade to remove ‘birds nest’ treatment

· Adjustment to planter boxes to adopt potted plants

· Provision of roof awning to the top floor lift entries

· Adjustment to awning to construct it of concrete instead of steel

· Change the deferred commencement condition to remove Roads and Maritime as an approval agency for the median strip works as this is a matter for Council.

· Median strip condition to be moved to prior to OC instead of deferred commencement.

There is no change to the unit mix under this modification application. The development as approved provides for 4 x 1 bedroom units (12.9%), 24 x 2 bedroom units (77.4%), 3 x 3 bedroom units (9.6%).

Application History

Date	Action
3 October 2017	DA 2016/490 approved under delegated authority for 7 storey mixed use development with 27 residential units and 41 car spaces under SEPP ARH.
18 December 2018	DA 2016/490/2 approved by CLPP for internal and external modifications including an additional 4 x 1 bedroom units.
24 July 2019	DA 2016/490/3 rejected due to insufficient information being submitted with the application
23 August 2019	DA 2016/490/4 (subject modification application) lodged with Council.
18 September to 9 October 2019	DA 2016/490/4 placed on public notification. No submissions were received as a result of the notification.
17 October 2019	Application deferred seeking additional information and amended plans.
31 October 2019	Amended plans and additional information submitted by the applicant.
10 December 2019	Application referred to CLPP for determination.

Applicant’s Supporting Statement

A Statement of Environmental Effects prepared by Think Planners dated 20 August 2019 was submitted with the application.

Contact With Relevant Parties

The assessing officer has undertaken an inspection of the subject site and has been in contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineering

The application was referred to Council’s Development Engineer for comment. The response received 20 November 2019 indicates that the proposal is satisfactory, subject to some minor amendments to the proposed conditions.

The applicant seeks to move condition 2 of schedule A, to the ‘prior to the issue of an occupation certificate’ section of the consent. Condition 2 requires that the applicant obtain approval from RMS, City of Parramatta Council and from the Cumberland Local Traffic Committee for the design of the median strip to be constructed in Burnett Street.

Burnett Street is a local road under the control of Council, with Cumberland having responsibility for the western half, and City of Parramatta for the eastern half of the street. Specific approval from RMS is not required for works in a local road. It is noted that, following consideration by the City of Parramatta Traffic Committee, the matter was reported to the Cumberland Local Traffic Committee (LTC) on 6 November 2019. Final approval will be obtained when the matter is reported to Council on 4 December 2019.

It is not considered necessary to move condition 2 to the ‘prior to the issue of an occupation certificate’ section of the consent, as the LTC approval will have already been obtained prior to the commencement of works. Conditions 183 to 186 on the original consent require the median strip works to be completed, and documentation submitted to Council prior to the issue of an occupation certificate. There is also a condition requiring payment of a $20,000 bond for the satisfactory completion of the works, prior to the issue of a construction certificate. Accordingly, it is recommended that condition 2 of schedule A be deleted.

External Referrals

The application was not required to be referred to any external agencies. However, it is noted that the applicant has provided written confirmation from RMS with the application that there are no concerns with the proposed modification, and that RMS has no approval role in the design or construction of a median strip in Burnett Street. Accordingly, it is recommended that references to any RMS approval for the median strip be deleted from the conditions. This is reflected in the draft determination at attachment 5.

Planning Assessment

Section 4.55 of the Environmental Planning and Assessment Act 1979 (EP & A Act)

Pursuant to section 4.55(2) of the Act, a consent authority may, on application being made by the applicant or any other person entitled to act on a consent and subject to and in accordance with the regulations, modify the consent if:

Requirement	Comment
It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and	The Panel can be satisfied that the development will be substantially the same as that for which consent was originally granted in terms of the building envelope, mix of uses, nature and extent of environmental impact.
It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and	No Minister, public authority or other approval body was required to be consulted.
It has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and	The application was notified in accordance with Holroyd Development Control Plan 2013.
It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.	No submissions were received as a result of the notification.
In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application.	i) The provisions of the applicable EPIs are discussed elsewhere in this report. The provisions of the applicable DCP are discussed elsewhere in this report. There are no planning agreements or draft planning agreements related to this application. There are no relevant matters prescribed by the regulations. The likely impacts of the development as proposed to be modified are considered satisfactory. The site is considered to be suitable for the development as proposed to be modified. No submissions were received as a result of the notification. Approval of the subject application would not be contrary to the public interest.
The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.	(a) There were no reasons given for the grant of the original consent. The reason given for the approval of the previous modification application is not relevant to the subject modification application.

Section 4.15 of the Environmental Planning and Assessment Act 1979

Environmental Planning Instruments

The following Environmental Planning Instruments are relevant to the assessment of the subject application:

(a) State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55)

The requirement at clause 7 of SEPP 55 for the consent authority to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development was considered under the original application. The proposed modifications do not raise any new concerns about site contamination.

(b) State Environmental Planning Policy (Infrastructure) 2007

The relevant provisions of the SEPP (clauses 45, 101, 102, 103) were considered in assessment of the original application. The proposed modification do not raise any new concerns regarding the impact of the proposal on the Great Western Highway, or the impact of road noise on the proposed development. The application was not required to be notified to any public authority.

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

BASIX certificate 933380M_02 dated 19 July 2018 was submitted with the amended plans. The certificate achieves target scores and is generally consistent with the architectural plans.

A condition was imposed on the original consent to require that 3 star gas instantaneous hot water systems be shown on the architectural plans prior to the issue of a construction certificate. The amended BASIX certificate provided with this application requires a central hot water system for connection to all dwellings. The draft determination at attachment 5 provides for the relevant condition to be amended to reflect the updated BASIX commitment.

The BASIX certificate also requires an 8 kwh photovoltaic system. Amended plans provided by the applicant show some of the required PV cells on the roof over the eastern lift overrun and communal toilet. As the toilet is recommended to be deleted, this will reduce the amount of roof area available. As such, a condition is included in the draft determination to require the location of the PV system to be clearly shown on the plans prior to the issue of a construction certificate.

(d) State Environmental Planning Policy (Affordable Rental Housing) 2009

The subject development is defined as ‘in-fill affordable housing’ under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

The provisions of the SEPP were considered in the assessment of the original application, and the proposed modification results in a reduction in the total amount of landscaped area provided. The application has not been made by a social housing provider. As such, 30% of the site (minimum 325.71 m²) is required to be landscaped.

Amended plans show a total of 163.2 m² of landscaped area which equates to 15% of the site. This is less than the required minimum, and less than the 23% approved under the previous modification. However, given the location of the site within the B6 zone and the DCP setback controls that apply, the variation is considered supportable.

The proposed modifications do not affect compliance with any of the other relevant standards of the SEPP. A comprehensive assessment is provided at attachment 1.

(e) State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65)

The proposal is classified as a residential apartment development and SEPP 65 applies. A design verification statement was submitted with the amended application. The statement does not address the requirement of the Regulation (115(3A)(c)) to verify that the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted. It also fails to specifically address the amendments to the design that are proposed under this modification application. However, subject to amendments as set out in the draft conditions, Council is satisfied that the design quality of the development will be maintained.

The approved schedule of finishes includes a mix of face brick, Alucobond cladding, and rendered painted surfaces. The subject application seeks to replace the Alucobond and brick elements with rendered Hebel. This is considered satisfactory, as the proposed finishes schedule still contains a mixture of different colours, and the facades are well articulated.

The proposed deletion of the ‘birds nest’ element is not supported. This is considered to be an important element of the approved design that contributes significantly to the visual interest of the development from both frontages. A condition is included in the draft determination to require that this element be reinstated.

A comprehensive assessment against the Apartment Design Guide (ADG) controls is provided at attachment 2.

(f) State Environmental Planning Policy (Coastal Management) 2018

The subject site is not identified as a coastal wetland nor is it ‘land identified as “proximity area for coastal wetlands”’ as per Part 2, Division 1 of the SEPP Coastal Management 2018.

(g) Holroyd Local Environmental Plan 2013 (HLEP 2013)

The proposal is defined as ‘shop top housing’ (one or more dwellings located above ground floor retail premises or business premises) under the provisions of HLEP 2013. Shop top housing is permitted with consent in the B6 – Enterprise Corridor zone which applies to the land.

The proposed modifications do not result in any new non-compliances with the relevant LEP standards. However, the proposal does increase the volume and extent of the height exceedance. An assessment against all relevant LEP provisions is provided at attachment 3. The height variation is discussed in detail below.

Height of buildings

In accordance with the Height of Buildings Map accompanying HLEP 2013, a maximum height of 23 m applies to the majority of the site. The southern portion that is to be developed for the purpose of a laneway connecting Burnett and Robilliard Streets has a height limit of 17 m.

The development as approved includes a height variation of approximately 2 m at the easternmost lift overrun. The western lift overrun, and the majority of the balustrading surrounding the rooftop COS also exceeds the height limit.

The subject modification application seeks to introduce the following additional building elements above the maximum height limit:

· spa pool

· feature wall and shade sail

· BBQ

· communal toilet and sink

· cabana

The spa pool, feature wall, and cabana proposed under this application will exceed the maximum height limit are not considered supportable in this instance for the following reasons:

· the proposed structures will result in additional visual bulk, as viewed from the public domain and from surrounding properties.

· the development as approved already provides for sufficient communal open space for residents of the building.

· the approved height variation relates only to the common circulation spaces and balustrading, which are required to provide access and safety to the rooftop area.

· approval of the proposed structures would set an undesirable precedent for other development in the locality.

· sufficient environmental planning grounds to justify the departure have not been advanced by the applicant.

A condition is included in the draft determination to require that those additional rooftop elements be deleted.

Having communal toilet facilities on the rooftop is considered generally desirable, as these facilities will make it possible for a wider range of residents to make use of the rooftop communal open space area, and to spend more time enjoying that space. Without a communal toilet, elderly residents or people with young children may find it impractical to use the rooftop terrace. However, in this case the proposed facilities would result in a non-compliance with both the FSR and height of buildings standards. Council is not satisfied that the location of the toilet as shown on the plans is the most appropriate for minimising impacts on the streetscape and neighbouring properties. Furthermore, no information was submitted by the applicant to support a variation to the FSR standard. Accordingly, the toilet facilities are recommended to be deleted.

The proposal also seeks to increase the overall height of the building at the roof over the communal toilet to 25.485 m. This represents a 10.8% variation to the height standard of 23 m. Although this is a modification application and clause 4.6 does not apply, the applicant provided a written request to vary the standard to allow for the additional structures, as listed above. However, the applicant’s request does not accurately detail the extent of the variation, nor does it provide any specific environmental planning grounds that would justify the contravention of the standard.

The applicant’s variation request is included in the SEE, provided at attachment 7 to this report.

The provisions of any proposed instrument that is or has been the subject of public consultation (EP&A Act s4.15 (1)(a)(ii))

No draft Environmental Planning Instruments apply to the proposal.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

(a) Holroyd Development Control Plan 2013

HDCP 2013 contains general controls which relate to all developments under Part A, residential controls under Part B, Transit way station precinct controls under Part N, and commercial controls under Part C.

A comprehensive HDCP compliance table is attached to this report at attachment 4. Subject to compliance with the draft conditions, there are no new DCP non-compliances as a result of the proposed modifications.

The following table provides a summary of the proposed modifications that have not been addressed elsewhere in this report.

Proposed modification	Comment
Inclusion of cleaner’s storage and WC at upper basement level	Basement storage is specifically excluded from the definition of Gross Floor Area. However, the proposed WC has been included in the FSR calculation.
Reconfiguration of unit 31 layout on sixth floor	As proposed to be modified, apartment 31 will comply with all relevant ADG controls including internal storage, living room size. The reconfiguration of this unit is supported.
Adjustment to planter boxes to adopt potted plants	The proposed adjustment from planter boxes to potted plants is considered satisfactory. Details of the pot design have been provided on the amended landscape plan.
Adjustment to awning to construct it of concrete instead of steel	Council has no concerns with the proposal to construct the awning from concrete instead of steel.

The provisions of any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4 (EP&A Act s4.15(1)(a)(iiia))

There is no planning agreement or draft planning agreement associated with the subject application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

The regulations do not prescribe any relevant matters for consideration.

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b)

The likely environmental, social and economic impacts of the development have been assessed and are considered satisfactory.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

The site is considered suitable for the development as proposed to be modified.

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

In accordance with Part E - Public Participation of HDCP 2013, the proposal was publicly notified from 18 September to 9 October 2019. No submissions were received as a result of the notification.

The public interest (EP&A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis, it is considered that approval of the proposed development, as amended by the conditions included in the draft determination, would not be contrary to the public interest.

Section 7.11 (Formerly S94) Contribution Towards Provision or Improvement of Amenities or Services

The subject development requires the payment of contributions in accordance with Holroyd Section 94 Development Contributions Plan 2013. A condition was imposed on the original consent requiring the payment of contributions prior to the issue of a construction certificate. The proposed modifications do not affect the value of the required contributions.

Disclosure of Political Donations And Gifts

The application and notification process did not result in any disclosure of any political donations or gifts.

Conclusion:

The modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Affordable Rental Housing) 2009, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is considered to be satisfactory.

Consultation:

There are no consultation processes for Council associated with this report.

Financial Implications:

There are no financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper.

Report Recommendation:

That DA 2016/490/4 which seeks consent for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements, be approved in part, subject to the conditions within the draft notice of determination provided at attachment 5.

Attachments

1. SEPP (ARH) 2009 Compliance Table

2. ADG Compliance Table

3. HLEP 2013 Compliance Table

4. HDCP 2013 Compliance Table

5. Draft Notice of Determination

6. Architectural Plans

7. Applicant's SEE

8. Original Consent- DA 2016/490/1

Cumberland Local Planning Panel Meeting

10 December 2019

10 December 2019

Baini Design

PO Box 1750

NORTH PARRAMATTA NSW 1750

Dear Sir/Madam

Premises: 127-129 Great Western Highway Mays Hill

Section 4.55(2) modification to development consent no. 2016/490/1

Modification no. 2016/490/4

I refer to your application lodged on 23 August 2019 seeking amendment to DA 2016/490/1 issued for demolition of existing structures; construction of a 7 storey mixed use development comprising 27 residential units; ground floor commercial space above basement parking accommodating 41 car parking spaces under Affordable Rental Housing SEPP 2009. The modification application seeks approval for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements.

Pursuant to section 4.55(2) of the Environmental Planning & Assessment Act 1979, Council grants approval for the modifications sought, subject to the following conditions:

Development Consent 2016/490/1 is amended as follows:-

Schedule A

Condition 2 of schedule A is deleted.

~~Median Island~~

2. The median island on Burnett Street shall be extended to Napier Street subject to consultation and approval of the City of Parramatta Council, Roads and Maritime Services and Cumberland Councils’ Traffic Committee.

A plan of the proposal and supporting documentation including traffic reports/studies is required to be submitted two weeks prior to the Cumberland Traffic Committee meeting date. It is also noted that the traffic consultant, applicant or representatives will generally be required to present and answer questions at the Cumberland Traffic Committee meeting.

Schedule B

Condition 2 of schedule B is amended to read as follows:

2. Development shall take place in accordance with the following plans and information, except where amended by the conditions of this consent:

· Architectural plans prepared by DA Designworx, Project Number 15-029, listed below:

Drawing No. DA-01	Site Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-03	Lower Basement Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-04	Upper Basement Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-05	Ground Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-06	First Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-07	Second Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-08	Third Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-09	Fourth Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-10	Fifth Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-11	Sixth Floor Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-12	Roof Plan	Iss. C	Dated 10/07/2017
Drawing No. DA-13	Section A-A / Streetscape Elevations	Iss. C	Dated 10/07/2017
Drawing No. DA-14	Section B-B, C-C, D-D, E-E / Driveway Section	Iss. C	Dated 10/07/2017
Drawing No. DA-15	North Elevation	Iss. C	Dated 10/07/2017
Drawing No. DA-16	East Elevation	Iss. C	Dated 10/07/2017
Drawing No. DA-17	South Elevation	Iss. C	Dated 10/07/2017
Drawing No. DA-18	West Elevation	Iss. C	Dated 10/07/2017

· Landscape plans prepared by Vision Dynamics Pty Ltd, listed below:

Drawing No. 16060 DA 1-2	Rev. C	Dated 07/04/2017
Drawing No. 16060 DA 2-2	Rev. C	Dated 07/04/2017

· Stormwater plans prepared by Umbrella Consulting Engineers, Project Number ACE151163.SW.DA, OSD Plan Number 2016-335, listed below:

Drawing No. 101	Stormwater Layout Plan Lower Basement Level Sheet 1 of 2	Iss. F	Dated 05/04/2017
Drawing No. 102	Stormwater Layout Plan Basement Level Sheet 2 of 2	Iss. F	Dated 05/04/2017
Drawing No. 103	Stormwater Layout Plan Upper Basement Level	Iss. F	Dated 05/04/2017
Drawing No. 104	Stormwater Layout Plan	Iss. F	Dated 05/04/2017
Drawing No. 105	Stormwater Layout Plan Level 1, 2 & 3	Iss. F	Dated 05/04/2017
Drawing No. 106	Stormwater Layout Plan Level 4 & 5	Iss. F	Dated 05/04/2017
Drawing No. 107	Stormwater Layout Plan Level 6 & Roof Plans	Iss. F	Dated 05/04/2017
Drawing No. 108	On-Site Detention Details and Calculation Sheets	Iss. F	Dated 05/04/2017
Drawing No. 109	Catchment Plan & Miscellaneous Details Sheet	Iss. F	Dated 05/04/2017

· Annexure “A” to Transfer Granting Easement prepared by Peter Terence Wright, Undated;

· Waste Management Plan, dated August 2016;

· External Materials and Finishes prepared by Design Cubicle, Job Number 160778, Undated;

· BASIX Certificate Number 718366M_02, dated 26 October 2016;

· Acoustic Report prepared by Rodney Stevens Acoustics, Report Number 150520R1, Revision 0, dated 18 January 2017;

· Correspondence from Roads and Maritime Services, Reference Number SYD15/01288/03, dated 12 December 2016 (copy attached), and all conditions contained therein;

· Correspondence from NSW Police Force – Holroyd Local Area Command Correspondence, Police Reference Number D/2016/679416, dated 17 January 2017(copy attached), and all conditions contained therein; and

· All details, including plans and reports, approved by Council in accordance with the conditions in Schedule 'A';

a) As amended in red by Council. All amendments are to be incorporated in the Construction Certificate plans.

As amended by the following plans and documents approved by application 2016/490/2, dated 18 December 2018:

Architectural Plans prepared by Baini Design, Project No. 18051
Dwg No.	Issue	Title	Date
01	H	Cover Sheet	Nov 2018
02	H	Lower Basement Floor Plan	Nov 2018
03	H	Upper Basement Floor Plan	Nov 2018
04	G	Site Plan/Ground Floor Plan	Oct 2018
05	E	First Floor Plan	May 2018
06	E	Second Floor Plan	May 2018
07	E	Third Floor Plan	May 2018
08	E	Fourth Floor Plan	May 2018
09	E	Fifth Floor Plan	May 2018
10	G	Sixth Floor Plan	Oct 2018
11	E	Roof Terrace Plan	May 2018
12	E	North Elevation, West Elevation	May 2018
13	E	South Elevation, East Elevation	May 2018
14	E	Section A-A	May 2018
15	E	Section B-B	May 2018

· Landscape plans prepared by Vision Dynamics Pty Ltd, Drawing Nos. 16060 S96 1-2 &16060 S96 2-2, Revision C, dated 3 April 2018;

· Stormwater plans prepared by Australian Consulting Engineers, Project Number 151163, OSD Plan Number 2016-335, listed below:

Drawing No.	Title	Revision	Date
000	Cover Sheet, Notes & Legend	G	09/03/2018
101	Stormwater Layout Plan, Lower Basement Level, Sheet 1 of 2	G	09/03/2018
102	Stormwater Layout Plan, Basement Level, Sheet 2 of 2	G	09/03/2018
103	Stormwater Layout Plan, Upper Basement Level	G	09/03/2018
104	Stormwater Layout Plan, Ground Level	G	09/03/2018
105	Stormwater Layout Plan, Level 1	G	09/03/2018
106	Stormwater Layout Plan, Level 2	G	09/03/2018
107	Stormwater Layout Plan, Level 3	G	09/03/2018
108	Stormwater Layout Plan, Level 4	G	09/03/2018
109	Stormwater Layout Plan, Level 5	G	09/03/2018
110	Stormwater Layout Plan, Level 6	G	09/03/2018
111	Stormwater Layout Plan, Roof Plan	G	09/03/2018
112	On-Site Detention Details and Calculation Sheets	G	09/03/2018
113	Catchment Plan & Miscellaneous Details Sheet	G	09/03/2018

· BASIX Certificate Number 921961M, dated 27 April 2018;

· Correspondence from Roads and Maritime Services, Reference Number SYD15/01288/06, dated 18 June 2018 (copy attached), and all conditions contained therein.

As amended by the following plans and documents approved under the subject modification application dated 10 December 2019:

Architectural Plans prepared by Baini Design, Project No. 18051
Dwg No.	Issue	Title	Date
01	B	Cover Sheet	Jun 2019
02	C	Lower Basement Floor Plan	Oct 2019
03	C	Upper Basement Floor Plan	Oct 2019
04	B	Site Plan/Ground Floor Plan	Jul 2019
05	B	First Floor Plan	Jul 2019
06	B	Second Floor Plan	Jul 2019
07	B	Third Floor Plan	Jul 2019
08	B	Fourth Floor Plan	Jul 2019
09	B	Fifth Floor Plan	Jul 2019
10	B	Sixth Floor Plan	Jul 2019
11	C	Roof Terrace Plan	Oct 2019
12	C	North Elevation, West Elevation	Oct 2019
13	C	South Elevation, East Elevation	Oct 2019
14	B	Section A-A	Jul 2019
15	B	Section B-B	Jul 2019
16	C	Roof plan	Oct 2019

· Landscape plans prepared by Vision Dynamics Pty Ltd, Drawing Nos. 16060 S4.55 1-2 & 16060 S4.55 2-2, revision E, dated 23 October 2019;

· BASIX certificate number 921961M_02, dated 15 August 2019;

Condition 46 is amended to read as follows:

46. The location and specifications of the central hot water system shall be clearly shown on the architectural plans, and submitted to the certifying authority for approval prior to the issue of a construction certificate.

Condition 46A is added to read as follows:

46A. The location of the 8kwh solar PV system as required by BASIX certificate number 921961M_02 is to be clearly shown on the architectural plans, and submitted to the certifying authority for approval prior to the issue of a construction certificate.

Condition 51 is amended to read as follows:

51. The boom gate alongside car parking spaces R1, R10 and C5 at upper basement level shall be redesigned to allow a vehicle to enter and exit those car parking spaces in accordance with AS2890.1 – 2004.

Swept path diagrams shall be submitted to demonstrate that a vehicle can enter and exit accessible parking space R21 for unit 6 in accordance with AS2890.6-2009.

Details shall be submitted to the certifying authority for approval, prior to the issue of a construction certificate.

Condition 51A is added to read as follows:

51A. The spa pool, surrounding feature wall, toilet, cabana and shade sail at rooftop level are to be deleted. Amended plans demonstrating compliance with this condition are to be submitted to the certifying authority for approval prior to the issue of the relevant construction certificate.

Condition 51B is added to read as follows:

51B. The architectural ‘birds nest’ treatment as detailed on architectural plans prepared by DA Designworx, project no. 15-029, drawing numbers DA-15 and DA-16, issue C, dated 10 July 2017, is to be reinstated. Amended plans demonstrating compliance with this condition are to be submitted to the certifying authority for approval prior to the issue of the relevant construction certificate.

Condition 62 amended to read as follows:

62. Fully detailed engineering construction drawings for the proposed median island extension within Burnett Street shall be submitted to the satisfaction of Council’s Manager Engineering and Traffic prior to the issue of a construction certificate.

Condition 68 is deleted

68. ~~All line marking proposed on the public road shall be thermoplastic.~~

Condition 69 is amended to read as follows:

69. Any changes to the median island design are subject to consultation with City of Parramatta Council, and approval by Cumberland Local Traffic committee.

All other conditions of Development Consent 2016/490/1 remain unchanged.

As there are no more deferred commencement conditions to be satisfied, this consent is now operative. The date from which the consent operates is 10 December 2019. The date of expiry is 10 December 2024.

Note: This determination is strictly for the changes sought under the modification application 2016/490/4. No approval is granted or implied for any other works/changes to the subject development.

Section 8.9 of the Environmental Planning & Assessment Act 1979 confers upon an applicant, dissatisfied with Council’s determination of an application made pursuant to Section 4.55(2) a right of appeal to the Land and Environment Court.

Section 8.3 of the Act provides that an applicant may request, within 28 days of the date of determination of the section 4.55(2) application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

If you have any further enquiries please contact Miss S Pritchard of Council’s Environment and Planning Department on 02 8757 9959, Monday to Friday.

Yours faithfully,

Sohail Faridy

COORDINATOR DEVELOPMENT ASSESSMENT

Cumberland Local Planning Panel Meeting

10 December 2019

Item No: LPP081/19

Section 4.56 application for 44-46 Pegler Avenue, South Granville

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA-454/2017/B

Application lodged	Thursday 22 August 2019.
Applicant	Unity Link (Vic) Pty Ltd.
Owner	Pegler Street Pty Ltd.
Application No.	DA-454/2017/B.
Description of Land	44 to 46 Pegler Avenue South Granville being Lot 62 Sec 1 in DP 5121 and Lot 4 in DP 36280.
Proposed Development	Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.
Site Area	1,539.88 Square metres.
Zoning	B1 Neighbourhood Centre Zone.
Disclosure of political donations and gifts	Nil disclosure.
Heritage	The site is not listed as a heritage item within the Parramatta Local Environmental Plan 2011. The nearby Dellwood Street shops situated at 12 Delllwood Street to the north is listed as a heritage item in the Parramatta Local Environmental Plan 2011 - Heritage Item I605.
Principal Development Standards	Floor Space Ratio Permissible: - 2:1. Proposed: - 1.893:1 which is reduced from 1.924:1. And Height of Building Permissible: - 15 metres. Proposed: - 16.5 metres at the lift overrun which is an increase of 700 mm and a variation of 10% to the control.
Issues	Height of the two lift over runs. New Level 1 balconies.

Summary:

1. As per a Section 34 Agreement under Section 34(3) of the Land and Environment Court Act 1979, consent orders for demolition of the existing dwellings and structures and construction of a five storey mixed use building complex comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles was issued by the Land and Environment Court as deferred commencement consent on 9 July 2018, subject to conditions.

The deferred commencement consent has given two years for the deferred commencement consent conditions DC1 to be complied with.

2. A Section 4.56 modification application was received on Thursday 22 August 2019 for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.

3. The application was publicly notified to occupants and owners of the adjoining properties including previous objectors for a period of fourteen (14) days between Tuesday 3 September and Tuesday 17 September 2019. There were no submissions to the modification sought.

4. The variations are as follows:-

Control	Required	Provided	% variation
Clause 4.3 - Height of buildings of the Parramatta Local Environmental Plan 2011.	15 metres.	16.5 metres at one of the lift overruns.	10% variation to the control but an increase of 700 mm from the Court approval.

5. The application is recommended for conditional approval subject to the conditions as provided in the attached schedule.

6. The application is referred to the Panel as the proposal contravenes a development standard by 10%.

Report:

Subject Site And Surrounding Area

The site is located at 44 to 46 Pegler Avenue South Granville and comprises two allotments that have different size and dimensions. As a combined entity, the site has dimensions of 51.82 metres x 29.716 metres and a total area of 1,539.88 square metres.

Both allotments are used for residential purposes with both sites comprising a dwelling house with outbuildings such as sheds, a carport and awnings.

There is one tall eucalyptus tree situated across 44 Pegler Avenue. There are smaller trees scattered across the site including palms which are not significant species. The trees are approved to be removed as per the original approval.

The site has a fall towards Pegler Avenue by between 1.99 metres and 2.17 metres with the lowest point of the site situated at the south east corner.

The land uses within the locality vary considerably as follows:-

· Single storey and two storey dwelling houses across various nearby allotments.

· A dual occupancy development situated at 47 Pegler Avenue.

· A Strata Title two storey townhouse development situated at 48 to 50 Pegler Avenue.

· A medium density villa and townhouse development situated at 6 to 14 Adam Street and 284 Blaxcell Street.

· A medical centre situated at 42 Pegler Avenue including a car park with vehicle access from a laneway.

· A heritage listed group of shops with shop top housing above situated at 12 Dellwood Street (Dellwood Street shops). The shops act as a neighbourhood centre group of shops.

· A TAB situated at 288 Blaxcell Street.

· Parklands situated on the northern side of Dellwood Street at 11 Dellwood Street.

· A car park situated adjacent to the parkland.

The site is shown on the aerial photo.

Photos of the site are provided below.

Site inspection 010 Site inspection 008

Site inspection 006 Site inspection 007

Site inspection 009

History

As per a Section 34 Agreement under Section 34(3) of the Land and Environment Court Act 1979, consent orders for demolition of the existing dwellings and structures and construction of a five storey mixed use building complex comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles was issued by the Land and Environment Court as deferred commencement consent on 9 July 2018, subject to conditions.

Modification Application 454/2017/B

The Section 4.56 modification application was received by Council on Thursday 22 August 2019 for various modifications to the approved mixed use development. The application is the subject of the report to the Panel for determination.

Description of The Modified Development

Council has received a Section 4.56 modification application to undertake changes to the mixed use development. In detail the changes are:-

Basement car park

No changes are proposed to the basement car park and hence no formal assessment of the car park is required.

Ground floor

A number of alterations are proposed to the layout of the service rooms including the store room, pump room, bin stores and mechanical rooms. The alterations are:-

· The bin store rooms are relocated and there is one bin store for the shops and one bin store for the residents.

· The pump room is relocated from the northern side of the foyer and corridor to the southern side of the foyer and corridor.

· A gas heating room and mechanical room is provided.

· There is a slight change to the shops as shown in the table below.

Retail Tenancy	Approved size	Modified size
G01	49.44 square metres	46.07 square metres (A reduction of 3.37 square metres.
G02	133.43 square metres.	133.43 square metres (No change).
Total retail floor area	182.87 square metres.	179.5 square metres. A reduction of 3.37 square metres.

· An electricity substation is provided to the southern side of the building to provide an adequate electricity supply to the development.

· A fire hydrant is incorporated into the front of the approved development which impacts on the size of retail tenancy G01.

· The bin collection zone is mostly removed. The previous approval included a bin collection zone which would have required a garbage truck to be manoeuvred between two stairs which would have been difficult to achieve. Part of the zone is retained to allow for garbage collection within the driveway area. There is adequate room within the driveway to allow vehicles to pass safely.

There are minor changes to on site landscaping which is the result of the addition of the electricity substation to the development. In this regard, there is a minor reduction of landscaping at the south eastern corner of the development and a pathway is altered.

Level 1

The alterations to Level 1 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

· The main bedroom of apartment 101 and 109 are provided with small balconies that occupy areas of 4.34 and 3.36 square metres respectively. In addition, the balconies are provided with planter boxes to allow for the planting of vegetation to act as privacy screens. It is considered appropriate not to support the additional balconies for apartments numbered 101 and 109 because they do not provide additional amenity to the bedrooms. There is no outlook from the bedrooms given the proposed planter boxes at the front of the balconies. Furthermore, there is an erosion of privacy within the affected bedrooms and limited opportunity to relocate windows. A condition is provided addressing the matter.

· A blade wall is extended 800 mm for the main bedroom for apartments 101 and 109.

· A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 109 (Note: - The size of the approved window remains the same).

· An area situated on the southern side of the building and above the car park ramp is now roofed rather than being left open. The roofed area is not accessible to residents.

Level 2

The alterations to Level 2 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

· A blade wall is extended 800 mm for the main bedroom for apartments 201 and 209.

· A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 209 (Note: - The size of the approved window remains the same).

· A rainwater concrete hob is provided for a non-trafficable roofed area at the front of the development to allow for improved stormwater drainage.

Level 3

The alterations to Level 3 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

· A blade wall is extended 800 mm for the main bedroom for apartments 301 and 309.

· A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 309 (Note: - The size of the approved window remains the same).

Level 4

The alterations to Level 3 are minor in extent and there are minor alterations to apartments numbered 401, 402 and 405. In this regard:

· A blade wall is extended 800 mm for the main bedroom for apartments 401 and 405.

· The ensuite for the main bedroom of apartment 405 is relocated and modified in layout.

· Apartment numbered 401 is reduced in size by 1.4 square metres to 98.3 square metres.

· Apartment numbered 402 is increased in size by 1.5 square metres to 81.62 square metres. The increase affects a bedroom facing the rear.

· Service ducts are provided to a corridor which is a minor addition to the plans.

· The bathroom of apartment 403 is rearranged to improve its functionality.

· A rainwater concrete hob is provided for two non-trafficable roofed areas along the southern side of the building to allow for improved stormwater drainage.

Other changes to the development

Lift over runs

The lift over runs of the development are increased in height by 700 mm to accommodate the supplier minimum requirements. As such, the development has a maximum height of 16.5 metres above the natural ground level which results in a variation to Clause 4.3 (Height) of the Parramatta Local Environmental Plan 2011. The variation is as much as 1.5 metres from the development standard.

As part of the Section 34 Agreement and subsequent Court approval to the original development application, the Land and Environment Court was required to determine a Clause 4.6 variation request to Clause 4.3 (Height) of the Parramatta Local Environmental Plan. This was granted as part of the proceedings.

The development initially breached Clause 4.3 (Height) provision of the Parramatta Local Environmental Plan by as much as 800 mm (5.3% variation). The modification increases the variation by as much as 700 mm (4.7%) thus resulting in a variation of 10% to the development standard. The 10% variation is most pronounced for the lift over run closest to the street with the variation to the rear lift over run being less at 6.6%.

The height of the remainder of the building including levels remains the same as that approved and no assessment is required.

Building materials

There is one change to the building materials to be used within the development being the cladding to be used. In this regard, Equitone Vitrabond G2 finish cladding is replaced with Hebel Power pattern cladding.

Floor space ratio

The floor space ratio of the development has been reduced slightly from 1.92 to 1.89 which has occurred due to a reduction of retail floor area of 3.37 square metres and a rearrangement of the ground floor services. The change to floor space ratio is relatively minor.

Stormwater drainage, parking and aisle access

An amendment to the stormwater drainage system, parking and vehicle access and deletion of the deferred commencement consent Condition DC1 is proposed. The deferred commencement consent was issued with the following deferred commencement consent condition that reads as:-

DC1 - Amended plans

Amended plans (3 Sets) addressing following shall be submitted to and approved by Cumberland Council:-

Connection to Council’s pipe system

a) The proposed stormwater connection shall be redesigned in consultation with Cumberland Council’s stormwater engineers.

b) A longitudinal section of the proposed 375 mm diameter and 300 mm diameter pipes, showing the depth and location of all the services within the area of the proposed works shall be submitted.

ii)

c) Kerb inlet pit shall be a minimum 1.2m from the driveway / layback.

iii)

d) Existing pit and pipe levels shall be verified and annotated on the plan.

iv)

e) Overland flow from upstream site shall be maintained.

f) Amended final drainage plans shall be submitted. The details shall be prepared by a suitably qualified person and must be in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Stormwater drainage Guidelines and "Australian Rainfall & Runoff 1987".

Parking /Access

Aisle width between the 90 degree parking and parallel parking spaces shall be a minimum 6.3 metres in accordance with Section 2.4.4 (b) of Australian standard AS2890.1.

Width of the visitor parking spaces 15 and 38 shall be minimum 2.4m.

Reason: to ensure Connection to Council’s pipe comply with Council’s requirements and waste collection complies with Council’s requirements and the development control plan.

As per correspondence dated 6 May 2019 from SGC Engineering, the drainage condition cannot be complied with due to the Council kerb inlet pit in front of 52 Pegler Street being too shallow to make an appropriate connection and a clash with an underground sewer line. An alternate drainage system is proposed. The applicant seeks to have the Deferred Commencement Consent Condition DC1 deleted because the condition specific to stormwater drainage cannot be complied with.

The amended stormwater plans is showing stormwater connection and a discharge to the street at the south eastern corner of the site at RL 17.23 metres AHD.

Parking and access

The amended plans are showing the aisle width between the 90 degree parking and parallel parking spaces on basement levels 02 and 01 as being 6.3 metres as marked. Furthermore, the width of the visitor parking spaces 15 and 38 are 2.4 metres as marked on the plans.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Morphology Design Associates Design Associates Pty Ltd and dated May 2019, which was received as part of the modification application lodged on 22 August 2019.

Contact With Relevant Parties

The assessing officer has undertaken a site inspection of the subject site and surrounding properties and has been in regular contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineer

The modification application was referred to Council’s Development Engineer for comment who has advised that the changes sought are acceptable. Furthermore:-

· The stormwater component of Condition DC1 is no longer required and the car park requirement is complied with.

· Conditions 62 and 63 of the development consent may be deleted as they are no longer required.

The Council engineer did not raise any objection to the traffic arrangements including the change to the bin store and how collection would be achieved.

Furthermore, the second part of the deferred commencement consent condition relating to parking and access has been complied with. In general, there are no objections to the applicant’s request to have Condition DC1 removed.

External Referrals

The application was not required to be referred to any external government authorities for comment.

Planning Comments

The provisions of any Environmental Planning Instruments (EP&A Act s4.15 (1)(a)(i))

Section 4.56 of the Environmental Planning and Assessment Act 1979 (as amended) allows Council to modify a development consent granted by the Court if:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)

Comment

The modification seeks minor alterations to the development with the most substantial alterations occurring within the ground floor. Generally:

· The bulk, scale, mass, density and footprint of the development remains the same.

· The number of apartments, bedrooms and number of car parking spaces within the development remains the same as that approved.

· Other than a change to the height of the lift over runs, the levels and height of the building remains the same.

· There are no changes to the approved setbacks of the development across all five levels.

· The development remains generally the same as that approved being a five storey mixed use building comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles.

It is considered that the development is substantially the same as that initially approved.

(b) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent

vi)

Comment

The modification application was notified as per the requirements of the Parramatta Development Control Plan guidelines between Tuesday 3 September and Tuesday 17 September 2019. There were no submissions to the modification that is sought.

(c) it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person

vii)

Comment

There were four objections to the original development application. Council records show that the residents who previously objected were notified of the modification application. The residents who previously objected to the development did not object to the modification that is being sought.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment

There were no submission to the modification application.

State Environmental Planning Policies

The proposed development is affected by the following State Environmental Planning Policies:

(a) State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55)

Clause 7 of SEPP 55 requires Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development. Appropriate reports have been submitted addressing land contamination matters within the initial development application.

There are no changes to site conditions and there is no change to any environmental conditions attached to the development consent issued. As such, the matters addressing the State Policy do not require further review for the purpose of the modification application.

(b) Statement Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65)

State Environmental Planning Policy 65 “Design Quality of Residential Apartment Development” applies to the development as the building is 3 storeys or more and contains more than 4 dwellings. A design statement addressing the design quality principles prescribed by SEPP 65 has been prepared by the project architect and submitted with the modification application. Integral to SEPP 65 is the Apartment Design Guide (ADG) which sets benchmarks for the appearance, acceptable impacts and residential amenity of the development.

Following a detailed assessment of the proposal against the provisions of SEPP 65 and the ADG, the proposal is generally considered compliant and therefore performs satisfactorily with respect to building amenity, landscaping design, appearance and provision of services. A comprehensive assessment against SEPP 65 and the ADG is contained in Appendix 2.

(c) State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy “Infrastructure” 2007 has been reviewed because the site is located close enough to Blaxcell Street which carries reasonable traffic in the locality due to the presence of shops and bus stops. However Blaxcell Street is not identified as being a Classified Road. A detailed assessment using Clause 101 and 102 is not required. Furthermore, the development is one that does not fall under Schedule 3 “Traffic Generating Developments to be referred to RMS” because the development is considered as being too small for such referral to occur. No further assessment is required using the State Policy.

(d) State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

All trees on site are approved to be removed to facilitate the development. There is no change to the proposal in terms of tree removal or vegetation removal. The removal of all trees and vegetation on site is considered acceptable and no further assessment is required.

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

BASIX Certificate (Certificate Number 855924M-03) issued on 4 September 2019 prepared by Sustainable Thermal Solutions has been submitted with Council and is considered to be satisfactory.

Regional Environmental Plans

The proposed development is affected by the following Regional Environmental Plans:

(a) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The subject site is identified as being located within the area affected by the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. The modified development raises no issues as no impact on the catchment is envisaged.

Note: the subject site is not identified in the relevant map as ‘land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the plan is not directly relevant to the proposed development.

Local Environmental Plans

Parramatta Local Environmental Plan 2011

The development is determined as being a mixed use commercial / retail / residential apartment building.

The applicant previously argued that the development was defined as a mixed use development comprising a commercial premise with shop top housing which is permitted with consent within the B1 Neighbourhood Centre zone.

To qualify as “Shop top housing”, the relevant part of the building must be truly above the relevant retail or business parts. In this regard, all the dwellings must be situated above the ground floor business and there shall be no dwellings on the ground floor.

Shop top housing is defined by the Parramatta Local Environmental Plan 2011 as “One or more dwellings located above ground floor retail premises or business premises”.

The definition of the development was supported by Council officers and the Land and Environment Court during the Court proceedings for the original application. As such, there is no issue regarding permissibility and the form of development in terms of permissibility has not changed.

The relevant matters to be considered under the Parramatta Local Environmental Plan 2011 and the applicable clauses for the proposed development are summarised below. A comprehensive LEP assessment is contained in Appendix 3.

Parramatta Local Environmental Plan 2011 - Compliance table

DEVELOPMENT STANDARD	COMPLIANCE		DISCUSSION
Clause 4.3 Height of Buildings Maximum height 15 metres.	No	Propose 16.5 metres at one of the lift over runs which is a variation of 1.5 metres to the development standard (Variation is 10%). Propose 16 metres at another lift over run which is a variation of 1 metre to the development standard (Variation is 6.6%). There is no change to the height of the remainder of the building. The variation to the height of the building facing Pegler Avenue of 700 mm is approved by the Court and no change is proposed.
4.4 Floor Space Ratio Maximum 2:1.	Yes	Propose 1.893:1 which is reduced from 1.924:1.
4.6 Exceptions to development standards	Yes	A justification to a Clause 4.6 variation is provided and assessed below.

(a) Clause 4.6 - Exceptions to Development Standards of the Parramatta Local Environmental Plan

The clause will not be applicable to this application. In accordance with case law as outlined in the Land Environment Court Case of Gann & Anor v Sutherland Shire Council [2008], there is power to modify a development application where the modification would result in the breach of development standards. The court took the view that development standards within an LEP did not operate to prohibit the grant of consent if they were not complied with (and no objection pursuant to SEPP No. 1 (now cl 4.6) had been lodged). Notwithstanding, the court held that despite a SEPP No. 1 Objection not being required, Section 96(3) (now known as cl 4.55(3)) of the Environmental Planning and Assessment Act 1979 (The Act) still requires the consent authority to take into consideration those matters referred to in Section 79C (now Cl4.15) of the Act. The case law has been applied to Clause 4.6 of the Standard instrument on which the Parramatta Local Environmental Plan 2011 is derived.

Variation to building height

The maximum building height permitted on the site is 15 metres. The original development application was approved at 15.8 metres (five storeys). Under the S4.56 modification application, the number of storeys within the building remains the same and all five storeys including finished floor levels have not been altered. The only alteration to the height occurs at the two lift over runs.

The modification increases the variation by up to 700 mm (4.7%) thus resulting in a variation of 10% to the development standard. It should be noted that the 10% variation is most pronounced for the lift over run closest to the street with the variation to the rear lift over run being less at 6.6%.

The applicant has addressed the objectives of Clause 4.3 as follows:

Applicant’s comments

Objective (a):

The proposed additional 700 mm increase in height of the lift core will not affect the transition of the approved mix use development with existing and future land use on the adjoining B1 Neighbourhood Centre and R4 High Density residential zones.

Objective (b):

The additional 700 mm increase in the height of the lift core will have negligible impact on overshadowing and unlikely to be discernible from the public domain.

Objective (c):

This is not applicable to the modification application.

Objective (d):

This is not applicable to the modification application.

Objective (d):

The surrounding land use is zoned B1 Neighbourhood Centre and R4 High Density Residential. The envisaged character and scale is high density. There is no change proposed.

Objective (e):

The setbacks remain the same as that approved which will continue to provide towers with sufficient separation for residential amenity.

Further to the above:

a) The objectives of the development standard are achieved notwithstanding the non-compliance with the numerical standard. The development presents a suitable scale of development relative to surrounding development and future development within the locality given the provisions of the Parramatta Local Environmental Plan 2011.

b) Strict numerical compliance with the building height would result in the removal of the fifth storey and a consequential four storey development which would tend to thwart objectives (a) and (f).

c) The original consent has been granted with a variation of 800 mm.

d) The additional height is limited to the lift overrun given the realistic and functional specifications. The roof level remains the same as that approved being RL 33.36. The lift cores are located centrally and setback from street boundaries and other properties. There is no discernible additional overshadowing.

e) The modification proposed is to facilitate the construction phase of the development. Given the lift specification provided by Schindler, the required clearance is 4,100 mm above the finished floor level for the lift to be used on this building. The proposed 1,500 mm exceedance will enable a total of 4,500 mm height for the lift overrun including the finish above the structural slab, lift clearance, structural slab and rainwater hob on top.

f) The variation to the building height control does not impact on the ability of the proposal to accord with all other development standards and controls.

Planning comment

The discussion provided by the applicant is supported. In this regard, the development is consistent with the objectives of the height standard as the height of the approved bulk of the building is not changing. The change in height is limited to two lift overruns and of this, only one of the overruns reaches a height of 1,500 mm above the maximum height limit of 15 metres or 10%.

When considering the above, the variation sought is considered as being acceptable.

The provisions of any proposed instrument that is or has been the subject (EP&A Act s4.15 (1)(a)(ii))

(a) Draft State Environmental Planning Policy (Environment)

There are no draft State Environmental Planning Policies that will apply to the Section 4.56 modification application.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

The Parramatta Development Control Plan provides guidance for the design and operation of development to achieve the aims and objectives of the Parramatta Local Environmental Plan 2011.

A comprehensive assessment and compliance table is contained in Appendix 4.

The following table highlights the variations to the Parramatta Development Control Plan arising from the modification application. The variations sought are considered satisfactory on merit in this instance:

Clause

Control

Proposed

Complies

Height (Refer to the LEP table)

15 metres

16.5 metres at the lift over run closest to the street.

16 metres at the lift over run closest to rear.

No other changes to the approved building height occurs.

The variation to the height of the building facing Pegler Avenue of 700 mm is approved by the Court and no change is proposed.

Variation is 10% for one of the lift over runs.

The variation is 6.6% for the second lift over run.

(No

This is a Court approved variation and no change is proposed).

3.3.2 Private Open Space

Minimum of 10m² private open space with minimum dimensions of 2.5m per unit?

This provision is provided within the Apartment Design Guide which over rides the provision.

Studio apartment 4.16 square metres (As approved).

For the one bedroom apartments 11.26 square metres minimum.

For the two bedroom apartments 10 to 30.7 square metres.

Secondary balconies occupying 4.34 and 3.6 square metres are now provided to one of the bedrooms of Apartments 101 and 109 to improve amenity. This is acceptable.

For the three bedroom apartment 12 to 12.4 square metres.

No change from the Court approval and considered satisfactory.

Yes

No change.

Yes

No change.

Yes

No change.

Yes

No change.

As indicated in the compliance table above:

· The height variation is addressed earlier within the report

· The amount of private open space for each apartment is satisfactory. The matter is reassessed due to the inclusion of two additional balconies for apartments numbered 101 and 109 which improves amenity for the affected apartments. Generally, the balconies provided within the development are satisfactory.

South Granville Precinct - (Part 4.1.10)

The site is situated within the South Granville Precinct being a Special Precinct. The development control plan provisions allow for an expansion of retail and business uses with shop top housing above. Future developments will be centred around the Dellwood Shops. An improved interface to the existing laneway behind the Dellwood Shops while maintaining pedestrian and vehicular access is envisaged.

Comments

The development is consistent with the stated provisions and generally there is no change to the setbacks of the development that were approved as part of the Section 34 Agreement through the Land and Environment Court proceedings.

The modified development is compliant with the relevant provisions and no further assessment is required.

There is no draft planning agreement associated with the approved Development Application and or the S4.56 modification application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

The proposed development raises no concerns as to the relevant matters arising from the Environmental Planning and Assessment Regulations 2000 (EP&A Reg).

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b))

It is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

In accordance with Council’s Notification requirements contained within the Parramatta Development Control Plan 2011, the proposal was publicly notified for a period of fourteen (14) days between Tuesday 3 September 2019 and Tuesday 17 September 2019. There were no submissions to the modified development.

The public interest (EP&A Act s4.15(1)(e))

In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the recommendation below, will have no significant adverse impacts on the public interest.

Section 7.12 (Formerly S94a) Fixed Development Consent Levies

This part of the Act relates to the collection of monetary contributions from applicants for use in developing key local infrastructure.

Comments:

The matter is addressed as Condition 4 attached to the development consent issued with the amount being $98,408.55 (subject to indexation). The matter does not require further review on the account that the cost of works have not increased.

Disclosure of Political Donations And Gifts

The applicant and notification process did not result in any disclosure of Political Donations and Gifts.

Conclusion:

The modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy “Infrastructure” 2007, State Environmental Planning Policy “Remediation of Land”, State Environmental Planning Policy “Building Sustainability Index” 2004, State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development, the Parramatta Local Environmental Plan 2011 and the Parramatta Development Control Plan 2011. A variation to Clause 4.3 of the Parramatta Local Environmental Plan 2011 specific to height is sought.

Having regard to the assessment of the proposal from a merit perspective, the Panel may be satisfied that the development has been responsibly designed and provides for acceptable levels of amenity for future residents. It is considered that the modified proposal successfully minimises adverse impacts onto the amenity of neighbouring properties. Hence the development, irrespective of the departure noted above, is consistent with the intentions of Council’s planning controls and represents a form of development contemplated by the relevant statutory and non-statutory controls applying to the land.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and the modification may be approved subject to conditions.

Report Recommendation:

1. That the Development Application number 454/2017/B being a Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overrun, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design be approved subject to the attached modified conditions.

Attachments

1. List of Conditions of Consent

2. Architectural Plans

3. Variation To Height of Buildings Statement

4. Appendix 1- State Environmental Planning Policy

5. Appendix 2- Apartment Design Guide

6. Appendix 3-Paramatta Local Environmental Plan 2011

7. Appendix 4 - Paramatta Development Control Plan 2011

8. Original Deferred Commencement Consent

9. Original Architectural Plans

Cumberland Local Planning Panel Meeting

10 December 2019

CONDITIONS OF DEVELOPMENT CONSENT

DA No: DA-454/2017/B.

Property: 44 to 46 Pegler Avenue South Granville.

Description: Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.

A) Delete the following Conditions 1 (DC1), 62 and 63 that reads as

~~DC1 - Amended plans~~

~~Amended plans (3 Sets) addressing following shall be submitted to and approved by Cumberland Council:-~~

~~Connection to Council’s pipe system~~

~~a) The proposed stormwater connection shall be redesigned in consultation with Cumberland Council’s stormwater engineers.~~

a) A longitudinal section of the proposed 375 mm diameter and 300 mm diameter pipes, showing the depth and location of all the services within the area of the proposed works shall be submitted.

~~b) Kerb inlet pit shall be a minimum 1.2m from the driveway / layback.~~

~~c) Existing pit and pipe levels shall be verified and annotated on the plan.~~

~~d) Overland flow from upstream site shall be maintained.~~

e) Amended final drainage plans shall be submitted. The details shall be prepared by a suitably qualified person and must be in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Stormwater drainage Guidelines and "Australian Rainfall & Runoff 1987".

~~Parking /Access~~

~~Aisle width between the 90 degree parking and parallel parking spaces shall be a minimum 6.3 metres in accordance with Section 2.4.4 (b) of Australian standard AS2890.1.~~

~~Width of the visitor parking spaces 15 and 38 shall be minimum 2.4m.~~

~~Reason:- to ensure Connection to Council’s pipe comply with Council’s requirements and waste collection complies with Council’s requirements and the development control plan~~.

In accordance with clause 95(3) of the Environmental Planning and Assessment Regulation 2000, you must produce evidence to the Council within a period of 2 years, sufficient enough for Council to be able to be satisfied of the above matters.

B) Conditions to be satisfied throughout the term that the consent remains valid:-

~~Approved Plans - Deferred Commencement~~

~~The development is to be carried out generally in accordance with the following plans as numbered below, except as modified by the deferred commencement condition of approval:-~~

~~Plan Number~~	~~Prepared By~~	~~Revision No.~~	~~Dated~~
~~Drawing Number A.0000 Title Page~~	~~Ghazi Al Ali Architect Pty Ltd~~
~~Site Analysis~~ ~~Drawing Number A1000~~	~~Ghazi Al Ali Architect Pty Ltd~~	B	~~22/5/2018~~
~~Site Plan~~ ~~Drawing Number A1010~~	~~Ghazi Al Ali Architect Pty Ltd~~	B	~~22/5/2018~~
~~Demolition Plan~~ ~~Drawing Number A1101~~	~~Ghazi Al Ali Architect Pty Ltd~~	B	~~22/5/2018~~
~~Basement 01 Plan~~ ~~Drawing Number A1202~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Basement 02 Plan~~ ~~Drawing Number A1201~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Ground Floor Plan~~ ~~Drawing Number A1203~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Floor Level 01 Plan~~ ~~Drawing Number A1204~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Floor Level 02 Plan~~ ~~Drawing Number A1205~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Floor Level 03 Plan~~ ~~Drawing Number A1206~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Level 04 Plan~~ ~~Drawing Number A1207~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Roof Plan~~ ~~Drawing Number A1208~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Elevations~~ ~~Drawing Number A1301~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Elevations~~ ~~Drawing Number A1302~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Section BB~~ ~~Drawing Number A1401~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Section BB~~ ~~Drawing Number A1402~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Section CC-Ramp Detail~~ ~~Drawing Number A1403~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Storage Diagram~~ ~~Drawing Number A2040~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Material Schedule~~ ~~Drawing Number A2201~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Material Schedule~~ ~~Drawing Number A2202~~	~~Ghazi Al Ali Architect Pty Ltd~~	C	~~12/6/2018~~
~~Waste Management Plan~~	~~Ghazi Al Ali Architect Pty Ltd~~		~~August 2017~~
~~Building Code of Australia Report~~	~~Design Right Consulting~~		~~21 September 2017~~
~~Disability Access Report~~	~~Access Solutions NSW Pty Ltd~~		~~19 September 2017~~
~~Geotechnical Investigation Report~~	~~Geo Environmental Engineering~~		~~6 September 2016~~
~~Noise Assessment Reprt~~ ~~Report Number 160723-01L-DD~~	~~Acoustic Consulting Engineers~~	01	~~5 September 2017~~
~~Cover Sheet~~ ~~Drawing Number 20170206 SW100~~	~~SGC Engineering Value~~	A	~~20/9/2017~~
~~Stormwater Concept Design~~ ~~Basement 02 Plan~~ ~~Drawing Number 20170206 SW200~~	~~SGC Engineering Value~~	B	~~19/6/2018~~
~~Stormwater Concept Design~~ ~~Ground Floor Plan~~ ~~Drawing Number 20170206 SW201~~	~~SGC Engineering Value~~	B	~~19/6/2018~~
~~Stormwater Concept Design~~ ~~Level 01 Plan~~ ~~Drawing Number 20170206 SW202~~	~~SGC Engineering Value~~	B	~~19/6/2018~~
~~Stormwater Concept Design~~ ~~Roof Plan~~ ~~Drawing Number 20170206 SW203~~	~~SGC Engineering Value~~	B	~~19/6/2018~~
~~Stormwater Concept Design~~ ~~Drawing Number 20170206 SW300~~	~~SGC Engineering Value~~	A	~~19/6/2018~~
~~Erosion and Sediment Control~~ ~~Plan and Details~~ ~~Drawing Number 20170206 SW400~~	~~SGC Engineering Value~~	A	~~19/6/2018~~
~~Stormwater Concept Design~~ ~~Drawing Number 20170206 SW500~~	~~SGC Engineering Value~~	A	~~19/6/2018~~
~~Landscape Plan~~ ~~DWG LPDA17-365 P1~~	~~Concept Landscape Architects~~	E	~~21/6/2018~~
~~Specification and Detail~~ ~~DWG LPDA17-365 P2~~	~~Concept Landscape Architects~~	B	~~19/6/2018~~
~~BASIX Certificate Number 855924M-02~~			~~19 June 2018~~
~~Nationwide House Energy Rating Scheme~~ ~~Certificate Number 0002868300~~			~~19 June 2018~~
~~Revised Heritage Impact Statement Letter~~	~~Urbis~~		~~28 June 2018~~

~~The plans will not be “stamped” by Council until the modifications required by the deferred commencement condition have been incorporated into revised plans.~~

(Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 4.55 of the Environmental Planning and Assessment Act (as amended)).

~~Reason~~~~:- to confirm and clarify the terms of Council’s approval.~~

[Condition 1 (DC1) deleted by Section 4.56 modification DA454/2017/B]

~~62 On street drainage design~~

Prior to the issue of any Construction Certificate a detailed design for the proposed connection to existing Council’s stormwater pipe shall be submitted to and approved by Cumberland Council’s Manager Engineering and Traffic. In this regard:-

· ~~A longitudinal section of the proposed 375 mm diameter and 300mm diameter pipes, showing the depth and location of all the services within the area of the proposed works shall be submitted.~~

· ~~Existing pit and pipe levels shall be verified and annotated on the plan.~~

~~Reason:- to ensure Council’s assets are designed to Council’s requirements~~.

[Condition 62 deleted by Section 4.56 modification DA454/2017/B]

~~63 On street drainage construction~~

~~Prior to the commencement of any works, the street drainage works shall be completed to Council’s satisfaction at no cost to Council. In this regard:-~~

~~a) Separate construction approval shall be obtained from Council’s Engineering Section.~~

~~b) Inspections will be required for the works related to the proposed connection to Council’s storm water drainage system at following stages:~~

· ~~After the excavation of pipeline trenches.~~

· ~~After the laying of all pipes prior to backfilling.~~

· ~~After the completion of all pits and connection points.~~

~~c) A minimum of 48 hours’ notice shall be given to Council to inspect works. Inspections may be arranged by telephoning Council’s Works and Services Section during office hours.~~

~~d) Work is not to proceed until the works are inspected and approved by Council.~~

~~Reason:- to ensure Council’s assets are constructed to Council’s requirements.~~

[Condition 63 deleted by Section 4.56 modification DA454/2017/B]

B Add a new condition 1, 124, 125 and 126 to read as:-

1 Approved Plans

The development is to be carried out in accordance with the approved stamped plans as numbered below:

Plan Number	Prepared By	Revision No.	Dated
Drawing Number A.0000 Title Page	Ghazi Al Ali Architect Pty Ltd		5/4/2019
Site Plan Drawing Number A1010	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Demolition Plan Drawing Number A1101	Ghazi Al Ali Architect Pty Ltd	B	22/5/2018
Basement 02 Plan Drawing Number A1201	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Basement 01 Plan Drawing Number A1202	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Ground Floor Plan Drawing Number A1203	Ghazi Al Ali Architect Pty Ltd	B	23/10/2019
Floor Level 01 Plan Drawing Number A1204	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Floor Level 02 Plan Drawing Number A1205	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Floor Level 03 Plan Drawing Number A1206	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Level 04 Plan Drawing Number A1207	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Roof Plan Drawing Number A1208	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Elevations Drawing Number A1301	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Elevations Drawing Number A1302	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Section AA Drawing Number A1401	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Section BB Drawing Number A1402	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Section CC-Ramp Detail Drawing Number A1403	Ghazi Al Ali Architect Pty Ltd	C	12/6/2018
Builders Work / Layout - Lift 1	Schindler	B	22/2/2019
Storage Diagram Drawing Number A2040	Ghazi Al Ali Architect Pty Ltd	C	12/6/2018
Material Schedule Drawing Number A2201	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Material Schedule Drawing Number A2202	Ghazi Al Ali Architect Pty Ltd	A	5/4/2019
Waste Management Plan	Ghazi Al Ali Architect Pty Ltd		August 2017
Building Code of Australia Report	Design Right Consulting		21 September 2017
Disability Access Report	Access Solutions NSW Pty Ltd		19 September 2017
Geotechnical Investigation Report	Geo Environmental Engineering		6 September 2016
Noise Assessment Reprt Report Number 160723-01L-DD	Acoustic Consulting Engineers	01	5 September 2017
Cover Sheet	SGC Engineering Value	A	Undated
Stormwater Concept Design Specifications Sheet Drawing Number 20170206 SW101	SGC Engineering Value	A	2/5/2019
Stormwater Concept Design Basement 02 Plan Drawing Number 20170206 SW200	SGC Engineering Value	A	2/5/2019
Stormwater Concept Design Ground Floor Plan Drawing Number 20170206 SW201	SGC Engineering Value	A	3/5/2019
Stormwater Concept Design Level 01 Plan Drawing Number 20170206 SW202	SGC Engineering Value	B	19/6/2018
Stormwater Concept Design Roof Plan Drawing Number 20170206 SW203	SGC Engineering Value	B	19/6/2018
Stormwater Concept Design Details Sheet Drawing Number 20170206 SW300	SGC Engineering Value0.	A	3/5/2019
Erosion and Sediment Control Plan and Details Drawing Number 20170206 SW400	SGC Engineering Value	A	3/5/2019
Stormwater Concept Design Music Catchment Plan Drawing Number 20170206 SW500	SGC Engineering Value	A	3/5/2019
Landscape Plan DWG LPS4.56 17-365 P1	Concept Landscape Architects	G	23/5/2019
Specification and Detail DWG LPS4.56 17-365 P2	Concept Landscape Architects	C	26/4/2019
BASIX Certificate Number 855924M-03			4 September 2019
Nationwide House Energy Rating Scheme Certificate Number 0002868300			19 June 2018

except as otherwise provided by the conditions of this determination (Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 4.55 of the Environmental Planning and Assessment Act (as amended)).

Reason:- to confirm and clarify the terms of Council’s approval.

[Condition 1 added by Section 4.56 modification DA454/2017/B]

124.

Waste collection

The applicant shall use a private contractor for all waste collection from the building. All private contractors shall undertake waste collection from adjacent to the bin storage areas and vehicles may use the turning bay for manoeuvring within the site.

Furthermore, all waste collection shall occur during the early morning period between 6 am and 8 am to minimise conflict between garbage trucks and vehicles entering and leaving the basement.

Reason:- to ensure there is minimal impact to the development during garbage collection times.

[Condition 124 added by Section 4.56 modification DA454/2017/B]

125.

Exit doors facing the garbage bin collection zone

The exit doors facing the garbage collection area along the northern driveway area (Ground level) shall be modified as follows:-

· The exit door of the “Bin Area Residential” shall be modified to either a roller shutter door or a sliding door.

· The door to the “mechanical room” and “gas room” shall be modified to a roller shutter door (One roller shutter door per room).

· The exit doors to the two fire isolated stairs shall be relocated. In this regard, the exit doors shall be repositioned 1 metre to the south of their present suggested positions to prevent the swing of the doors from crossing into the garbage collection zone.

Details shall be shown in the construction certificate plans for approval by Council or the Accredited Certifier.

Reason:- to ensure the garbage collection zone functions in a satisfactory manner.

[Condition 125 added by Section 4.56 modification DA454/2017/B]

126.

New Level 1 balconies of apartments Numbered 101 and 109

The new Level 1 balconies of apartments numbered 101 and 109 attached to the Master bedrooms of the respective apartments (The two new balconies) shall be deleted to improve the degree of privacy to the bedrooms to the immediate south of the new structures.

Amended plans shall be submitted to Council or the Private Certifier for inclusion into the construction certificate for approval showing the balconies removed.

Reason:- to maintain a satisfactory level of privacy to the bedrooms of apartments numbered 101 and 109.

[Condition 126 added by Section 4.56 modification DA454/2017/B]

Cumberland Local Planning Panel Meeting

10 December 2019

Item No: LPP082/19

Development Application for 284 - 288 Great Western Highway, Wentworthville

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA 2019/285/1

Application lodged	18 July 2019
Applicant	Zhinar Architects
Owner	Skyblue Developments
Application No.	2019/285/1
Description of Land	284-288 Great Western Highway, Wentworthville
Proposed Development	Demolition of existing structures and construction of a six storey residential flat building containing 49 units (6 x 1 bedroom units, 39 x 2 bedroom units and 4 x 3 bedroom units) over 1.5 level of basement car parking pursuant to State Environmental Planning Policy ( Affordable Rental Housing ) 2009
Site Area	2,069.4m²
Zoning	R4 High Density Residential
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Principal Development Standards	FSR Permissible: 1.91:1 (including 1.5:1 under HLEP 2013 and bonus 0.41:1 under ARHSEPP) Proposed: 1.91:1 Height of Building Permissible: 18m Proposed: 18.5m
Issues	Submission and Height non-compliance

Summary:

1. Development Application No. 20119/285/1 was received on 18 July 2019 for the demolition of existing structures and construction of a six storey residential flat building containing 49 units (6 x 1 bedroom units, 39 x 2 bedroom units and 4 x 3 bedroom units) over 1.5 level of basement car parking pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009.

2. The application was publicly notified to occupants and owners of the adjoining properties for a period of 21 days between 21 August 2019 and 11 September 2019. In response, 2 submissions were received.

3. The submission raised concerns regarding oversupply in affordable housing within the area and along Great Western Highway.

4. The application was deferred on 24 September and amended plans were submitted on 24 October 2019. The amended plans did not require re-notification.

5. The application has been assessed against the relevant provision of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development; Holroyd Local Environmental Plan 2013 and Holroyd Development Control Plan 2013.

6. The application involves the following numerical non-compliances with the relevant planning controls which are considered supportable as discussed elsewhere in the report.

Control	Required	Provided	% Variation
Height of building (HELP 2013)	18m	18.5m	2.78%
Number of storeys (HDCP 2013)	5 storeys	6 storeys	20%

7. The application is being reported to the Cumberland Local Planning Panel (CLPP) for determination due to the proposal being more than 4 storey and to which SEPP 65 applies.

8. The application is recommended for deferred commencement approval, subject to the conditions as provided in the attached schedule.

Report:

Subject Site And Surrounding Area

The subject site consists of two lots, Lot 182 in DP 1079320 and Lot 17 in DP 10054 and SP42943; known as 284-288 Great Western Highway, Wentworthville. It has a combined area of approximately 2,069.4m² and a frontage of 50.29m to Great Western Highway. The site is generally levelled with a slight fall of approximately 690mm from the rear northeast corner to the front southwest corner.

The subject site is zoned R4 High Density Residential pursuant to Holroyd Local Environmental Plan 2013.The proposal is defined as a “residential flat building” and is considered to be permissible in the R4 zone. The site is within the Finlayson Transit way Station Precinct under Part N of Holroyd Development Control Plan 2013.

The site inspection on 28 August 2019 confirmed the site is free of vegetation with only one vacant detached dwelling left on site.

The existing developments adjoining the site consists single and 2 storey residential dwellings to the north facing Essington Street, 5 storey residential flat building to the east at 280-282 Great Western Highway and another 5 storey residential flat building to the west at 288A-290 Great Western Highway. The subject allotment is zoned R4 – High Density Residential under the Holroyd Local Environmental Plan 2013.

Figure 1 – Locality Plan of subject site

Figure 2 – Aerial view of subject site

Figure 3 – Street view of subject site

(Subject site and the western adjoining new RFB at 288A-290 Great Western Highway, Wentworthville)

Figure 4 – Street view of subject site

(Subject site and the western adjoining new RFB at 280-282 Great Western Highway, Wentworthville)

Description of The Proposed Development

Council has received a development application for demolition of existing structures and construction of a six storey residential flat building containing 49 units (6 x 1 bedroom units, 39 x 2 bedroom units and 4 x 3 bedroom units) over 1.5 level basement car parking pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009. Specific details as provided within are provided below:

· Demolition of existing structures;

· Consolidation of 3 lots into 1 lot;

· Construction of a 6 storey residential flat building in 2 blocks (Block 1 contains 24 units and Block 2 contains 25 units) comprising:

o 6 x 1 bedroom units;

o 39 x 2 bedroom units;

o 4 x 3 bedroom units;

· One and a half levels of basement parking accommodating 48 car parking spaces, 1 car wash bay and 36 storage compartments;

· 30 at grade bicycle parking spaces;

· At grade communal open space;

· Vehicular access ramp from Great Western Highway;

· Two pedestrian accesses from Great Western Highway;

· Two lifts connecting the basement with upper floors;

· Garbage storage room and bulky waste storage room; and

· Associated earthworks and landscaping works.

The building will have a height of 18.5m from the natural ground level to the topmost part of the building, being the lift overrun setback from the building façade.

The application is proposed to provide 22 affordable rental units with a total floor area of 1,564m² under the State Environmental Planning Policy (Affordable Rental Housing) 2009.

The proposal includes a communal open space at the ground level of the development occupying an area of approximately 628.9m² and partial shade created by a pergola.

History

*Date*	*Action*
11 April 2019	Pre lodgement meeting seeking Council’s planning advice in relation to construct a 6 storey residential flat building with 49 units over 1 level of basement parking for 49 vehicles pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 at 284A-288 Great Western Highway, Wentworthville.
18 July 2019	DA 2019/285/1 (subject application) for the construction of a 6 storey residential flat building with 49 units over 1.5 level of basement parking for 49 vehicles pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 at 284-288 Great Western Highway, Wentworthville was lodged with Council.
14 August 2019	DA 2019/285/1 referred to the following sections for comment: Internal: · Engineering · Waste Management · Environmental Health · Landscaping External: · NSW Police · Endeavour Energy (Clause 45 of State Environmental Planning Policy (Infrastructure) 2007) · TransGrid (Clause 45 of State Environmental Planning Policy (Infrastructure) 2007)
21 August – 11 September 2019	DA 2019/285/1 was placed on public notification for 21 days. Council received two submissions in respect of the proposal during the notification period.
24 September 2019	The application was deferred seeking additional information and amended plans.
29 October 2019	Amended plans and additional information submitted to Council. The amended plans were not required to be renotified.
11 December 2019	Application referred to CLPP for determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Think Planner dated 15 July 2019 and a SEPP 65 Design Verification Statement prepared by Zhinar Architects dated July 2019 (Issue A) were received by Council on 19 July 2019 in support of the application.

Contact With Relevant Parties

The assessing officer has undertaken a site inspection of the subject site and surrounding properties and has been in regular contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineer and Traffic Engineer

The development application was referred to Council’s Development Engineer and Traffic Engineer for comment. The composited response received on 13 November 2019 indicates that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

Environment and Health

The development application was referred to Council’s Environment and Health Officer for comment. The comment received on 27 August 2019 confirmed the application is considered satisfactory and therefore can be supported, subject to recommended conditions of consent.

Landscape Architect/Officer

The development application was referred to Council’s Landscape Architect/Officer for comment. The response received on 8 November 2019 indicates that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

Waste Management

The development application was referred to Council’s Waste Management Officer for comment. The response received on 30 October 2019 indicates that the development proposal is satisfactory and therefore can be supported.

External Referrals

Roads and Maritime Services (RMS)

The application was referred to RMS for comment in accordance with Clause 101 of the State Environmental Planning Policy (Infrastructure) 2007. The comment received on 26 November 2019 confirmed RMS raised no objection to the proposed development subject to the imposition of the conditions.

TransGrid

The application was referred to TransGrid for comment in accordance with Clause 45 of the State Environmental Planning Policy (Infrastructure) 2007. The comment received on 20 August 2019 confirmed TransGrid raised no objection to the proposed development.

Endeavour Energy

The development application was referred to Endeavour Energy for comment in accordance with Clause 45 of the State Environmental Planning Policy (Infrastructure) 2007. The comment received on 28 August 2019 confirmed Endeavour Energy raised no objection to the proposed development.

NSW Police

The application was referred to the NSW Police for comment. Cumberland LAC has provided a general assessment against the Crime Prevention Guidelines and Crime Prevention Through Environmental Design (CPTED) principles in their letter dated 12 November 2019. Relevant conditions provided have been included in conditions of consent.

Planning Comments

The provisions of any Environmental Planning Instruments (EP&A Act s4.15 (1)(a)(i))

State Environmental Planning Policies

The proposed development is affected by the following State Environmental Planning Policies:

(a) State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

Clause 7 of SEPP 55 requires Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development. The matters listed within Clause 7 have been considered in the assessment of the development application.

Figure 5 SEPP 55 Table

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes No
4. Does the application involve re-development of the site or a change of land use?	Yes No
In the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes No
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation	Yes No
Is the site listed on Council’s Contaminated Land database?	Yes No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes No
Does the site adjoin any contaminated land/previously contaminated land?	Yes No
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?	Yes No
Details of contamination investigations carried out at the site: 5. The site has been used for residential purposes for many years and contamination is not expected. The site is not identified in Council’s records as being contaminated. A site inspection reveals the site does not have any obvious history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated. No further investigation is considered necessary in the circumstances.

(b) Statement Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65)

SEPP 65 applies to the development as the building is 3 storeys or more, and contains more than 4 dwellings. A design statement addressing the design quality principles prescribed by SEPP 65 was prepared by the project architect. Integral to SEPP 65 is the Apartment Design Guide (ADG), which sets benchmarks for the appearance, acceptable impacts and residential amenity of the development.

Figure 6 SEPP 65 Design Quality Principles Table

Design Quality Principle	Response
1. Context and neighbourhood character	The proposal reflects the desired character of the existing precinct which lies in an area undergoing transition. The proposal generally meets the requirements of the Holroyd Local Environmental Plan 2013 (HLEP) with respect to the density and scale, as well as being a permissible land use. The context of the building is appropriate for its location given the future desired character defined by HLEP 2013.
2. Built form and scale	The design generally achieves an appropriate built form for the site and the building’s purpose, in terms of building alignments, proportions, type and the manipulation of building elements to ensure reasonable spatial separation is established between existing neighbouring residential buildings and proposed buildings within the site. It is noted that the development will introduce a height in breach of the HLEP 2013 which specifies an 18m height limitation. However, as discussed within this report, the breach primarily relates to the lift overrun and as such is not considered to create a significant impact. It is noted that the development is compliant with the floor space ratio (FSR) of the area given the floor space bonus provided by State Environmental Planning Policy (Affordable Rental Housing) 2009. The scale of the building in itself is considered suitable within the future desired character of its locality and it generally meets the envelope and footprint controls contained under the ADG and Holroyd Development Control Plan 2013 (HDCP).
3. Density	The development will contribute 49 apartments within the residential flat building (including 22 affordable rental units) that will contribute to the redevelopment of the area. The proposal is within the total allowable FSR. The development is also compliant with ADG recommendations regarding building separation, ventilation and solar access. The proposal has a density that corresponds with the desired future character of the area, in terms of floor space yield. The proposed density is considered to respond to the availability of infrastructure, public transport, community facilities and environmental quality.
4. Sustainability	A BASIX Certificate and relevant reports have been submitted with the development application. The certificates require sustainable development features to be installed into the development. The design and construction of the development will incorporate features relating to sustainable design such as water efficient fixtures and energy saving devices. The development achieves a good level of cross ventilation throughout the development with a majority of the proposed units having dual aspects or diagonal cross ventilation.
5. Landscape	A landscape plan was submitted with the proposal. The landscaping options are considered to be adequate. The ground level perimeter landscaping will provide suitable visual amenity for the future building occupants.
6. Amenity	Generally, the proposal is considered to be satisfactory in this regard. The internal amenity of each apartment is optimised through appropriate room dimensions and efficient layouts, access to sunlight, natural ventilation; visual and acoustic privacy and storage. Suitable access is provided to all parts of the building, through the provision of lift to access all levels of the residential flat building. The development provides sufficient setbacks and building separation between the proposals and adjoining uses to mitigate privacy impacts.
7. Safety	The residential flat building addresses the street and has clear legible pedestrian and driveway entrances. Passive surveillance of public space is maximised through orientation of units. The position and orientation of the various building elements allow balconies and habitable rooms of apartments to overlook the streets and communal open space. Lift foyer and basement car parking can be appropriately secured.
8. Housing diversity and social interaction	This principle essentially relates to design responding to the social context and needs of the local community in terms of lifestyles, affordability and access to social facilities and optimising the provision of housing to suit the social mix and provide for the desired future community. The building will introduce an appropriate mix of 1, 2 and 3 bedroom residential apartments in accordance with the zoning of the site and future desired character of a locality undergoing transition. The proposal also incorporates 22 affordable units to provide for affordable rental housing, as well as a compliant number of adaptable units. The proposal is located within close proximity to the B2 Local Centre and B6 Enterprise Corridor zoning of the Finlayson Transitway Station precinct. It is seen to be suitably located near local business and local transport systems.
9. Aesthetics	The proposed development is considered to be appropriate in terms of the composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the building. The proposed building has a contemporary appearance that does not compromise the streetscape or detract from the appearance of existing surrounding development. The building provides an appropriate response to the existing and likely future character of the locality.

Apartment Design Guide

Pursuant to clause 28(2)(c) of SEPP 65, a consent authority must consider the provisions of the Apartment Design Guide (ADG) in the assessment of a residential flat development. The proposal complies with key provisions within the ADG. A comprehensive assessment against the ADG controls is provided at Attachment 1.

(c) State Environmental Planning Policy (Affordable Rental Housing) 2009

The proposed development is defined as an ‘infill development’ under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP). The proposal complies with the relevant provisions of the ARHSEPP 2009, as detailed in the compliance table provided in Attachment 2.

Character of the Local Area

Clause 16A the ARHSEPP requires Council to consider whether the design of the development is compatible with the character of the local area.

Whilst the ARHSEPP does not contain any guidance for assessing whether a proposal is compatible with the character of the local area, a planning principle for assessing compatibility in the urban environment was established by Senior Commissioner Roseth of the Land and Environment Court in the judgement for Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191. This involves asking the following two questions:

· Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

· Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

A merit assessment of the character of the local area should consider the following 3 steps:

· Step 1 – Identify the ‘local area’.

· Step 2 – Identify the character of the ‘local area’.

· Step 3 – Determine whether the design of the proposed development is compatible with the character of the ‘local area’.

An assessment against each step is provided below:

Step 1 – Identify the ‘local area’

The local area is identified in the map below as the area within the blue lines.

Step 2 – Identify the character of the ‘local area’.

The identified character area is within the zone R4 High Density Residential under Holroyd Local Environmental Plan 2013 (HLEP) and contains primarily high density residential developments on large blocks. The emerging building form in the locality is 5 storey residential flat buildings interspersed with older single and two storey housing stock .Whilst there are a number of one and two storey dwellings within the locality, the area is transitioning to higher density developments in accordance with the planning controls that currently apply. The area is subject to a maximum height limit of 18 m and maximum floor space ratio (FSR) of 1.5:1. The emerging character of the area is generally that of small to medium sized (5 storey) residential flat buildings.

Step 3 – Determine whether the design of the proposed development is compatible with the character of the ‘local area’

The following questions assist in determining whether a building is compatible with its surroundings:

· Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include noise, overlooking, overshadowing and constraints on the development potential of surrounding sites.

In terms of the physical impacts of the development, the following points are made:

o Noise impacts are reduced through siting usable communal areas on the ground level and mostly located to the rear of the site away from the road traffic areas.

o Privacy impacts are mitigated through the use of adequate building separation and privacy treatment where warranted.

o The proposal will not impact on the development potential of adjoining sites by isolating as they have all been developed already for residential flat buildings.

o Given the north-south orientation, shadows cast by the proposed development will fall mainly to Great Western Highway street frontage.

o The proposed residential flat building complies with the applicable FSR and the height non-compliance of 340mm (1.8%) is limited to lift overrun only.

Therefore, it is considered the proposed development will not impose negative impacts to the neighbouring developments.

· Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

The scale of the proposed building is consistent with the anticipated character of residential buildings in the area. The predominant building types within the local area are residential flat buildings with a small number of low density dwelling houses. Given that predominant future character of the area is for high density residential use in terms of usage and building type, with the majority of the proposed development containing high density residential it is considered that the proposal with the higher density residential flat building portion facing the street is in harmony with the emerging surrounding development.

To be considered compatible, a development should contain or at least respond to the essential elements that make up the character of the surrounding area. The proposed flat roof flat building is consistent with the architectural style of newer flat development in the vicinity. The proposed front setback is also consistent with immediately adjoining development. Building separation for the flat building facing the street is also consistent with the Apartment Design Guide (ADG) which guides future development. The proposal is also considered to be in keeping with the future desired character of the area as defined in the planning controls that apply to the site, as discussed elsewhere in this report.

The setback to Great Western Highway is compliant with the 3m control as required in Figure 17 Part N of the HDCP 2013 for Finlayson Transitway Station Precinct and the relationship of the building to the site is consistent with that of the surrounding developments. Whilst the proposal is one storey higher than surrounding developments, the main body of the proposed development is compliant with the height of buildings standard with the lift overrun setback from the edges of the proposed development exceeding the maximum allowable building height by 500mm (2.78%) only.

The proposal provides for horizontal and vertical articulation to both façades, with window shades, small balconies, and the level 5 terrace adding visual interest and depth to the building.

In this regard, the design and presentation of the proposed development is considered to be visually compatible within this context and in harmony with the high density character of the surrounding environment.

(d) State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

The provisions of the ISEPP 2007 have been considered in the assessment of the development application.

Clause 45 - Development likely to affect an electricity transmission or distribution network

The relevant energy providers raised no objections to the proposed development.

Clause 101 – Frontage to classified road

The application is subject to clause 101 of the ISEPP 2007 as the site has frontage to Great Western Highway which is identified as a classified road.

The proposal is considered to meet the objectives of clause 101. The proposal is not considered to compromise the effective and ongoing operation and function of Great Western Highway and will not have a negative impact on adjoining development in terms of traffic noise and vehicle emission. The proposal is considered to be satisfactory in this regard.

Clause 102 – Impact of road noise or vibration on non-road development

The application is subject to clause 102 of the ISEPP 2007 as the annual average daily traffic volume is greater than 40,000 vehicles.

An Acoustic Report prepared by Acouras Consultancy dated 16 July 2019 (reference no. SYD2019-1033-R001B) was submitted with the application and reviewed by Council’s Environmental Health Officer. Section 3 of the report outlines the recommended glazing requirements, external wall and roof/ceiling requirements for the proposed development. The author also notes that some dwellings may require further mechanical services. In addition, the author notes that the choice of mechanical services will only be determined at the Construction Certificate stage, therefore further information in this regard will be conditioned.

(e) State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

The proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable. Please refer to the DCP compliance table for further discussion.

(f) State Environmental Planning Policy (Coastal Management) 2018

The subject site is not identified as a coastal wetland and is not or land identified as “proximity area for coastal wetlands”.

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

BASIX certificate 1020010M dated 8 July 2019 was submitted with the amended application. The proposal achieves the target scores for energy, water and thermal comfort and relevant commitments are shown on the architectural plans.

Regional Environmental Plans

The proposed development is affected by the following Regional Environmental Plans:

(a) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The subject site is identified as being located within the area affected by the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. The proposed development raises no issues as no impact on the catchment is envisaged.

(Note: - the subject site is not identified in the relevant map as ‘land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the SREP is not directly relevant to the proposed development).

(b) Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment

The subject site is not affected by acid sulphate soils, does not disturb the bank or foreshore along the Georges River tributaries, and the proposed development will not increase flooding or stormwater runoff, will not discharge industrial waste and will not cause land degradation by way of erosion, sedimentation, pollution, salinity or acidity. The proposed development will not cause adverse impacts to the sensitive natural environments within the Catchment area and sewer is proposed to be connected directly into the Sydney Water sewerage system.

Local Environmental Plans

Holroyd Local Environmental Plan 2013 (HLEP)

The provision of the HLEP 2013 is applicable to the development proposal. The proposed development is defined as a “Residential Flat Building and is permissible in the R4 High Density Residential zone with consent. A comprehensive assessment against the relevant provisions of the HLEP 2013 is detailed in the compliance table provided at Attachment 3.

The development achieves compliance with the permissible Floor Space Ratio (FSR) on site with the bonus FSR credited by the ARHSEPP and the objectives of the R4 High Density Residential zone.

However, the proposal seeks a variation to Clause 4.3 – Height of Buildings that stipulates that the height of building is not to exceed 18m on the subject site. The proposed building has an overall height of 18.5m (RL45.35) to the lift overrun. The proposal breaches the maximum overall height by 500mm representing a maximum variation of 2.78%.

Figure 7 3D Height study plan

Figure 8 Section plan

Figure 9 Northern elevation plan

Clause 4.6 – Variation to Building Height

Clause 4.6 allows the consent authority to vary development standards in certain circumstances and provides an appropriate degree of flexibility to achieve better design outcomes. The consent authority may grant the exception as the Secretary’s concurrence can be assumed where clause 4.6 is adopted as per the Department of Planning Circular PS 18-003, dated 21 February 2018.

The applicant has submitted a written request to vary the development standards for Clause 4.3 Height of Building of the HLEP 2013. Based on various case laws established by the Land and Environment Court of NSW such as Four2five P/L v Ashfield Council [2015] NSWLEC 9, Randwick City Council v Micaul Holdings P/L [2016] NSW LEC7 and Zhang and anor v Council of the City of Ryde [2016] NSWLEC 1179 and recent case law in RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130, a 3 part assessment framework for a variation request proposed under clause 4.6 has been considered and an assessment of the proposed variance, following the 3 part test is discussed in detail below.

The 3 preconditions which must be satisfied before the application can proceed are as follows:

1. Is the proposed development consistent with the objectives of the zone?

Applicant’s justification:

In accordance with the provisions of Clause 4.6(4) Council can be satisfied that this written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3).

As addressed the proposed development is in the public interest as it remains consistent with the objectives of the building height control. In addition, the proposal is consistent with the objectives of the R4 zone, being:

· To provide for the housing needs of the community within a high density residential environment.

· To provide a variety of housing types within a high density residential environment.

· To enable other land uses that provides facilities or services to meet the day to day needs of residents.

The proposal is consistent with the objectives of the R4 zone, insofar as the development is not antipathetic to the zone objectives (per Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21).

The development is consistent with the zone objectives noting that:

· The development will provide for the housing needs of the community within a high density environment;

· The development contributes to a variety of housing types in a high density environment;

· The development will maximise public transport patronage by providing residential accommodation in an accessible location;

· The development is designed to respond to the context and setting of the locality and the development is consistent with the desired future character of the locality;

· The development is designed to minimise impact on the amenity of the area and adjoining properties.

Planner’s comment:

Residential Flat Building development is a permitted land use and the locality is undergoing a transition particularly to support the increasing demand of housing within the close proximity of public transport hub and commercial centre. The proposed development is considered to be consistent with the objectives of the R4 High Density Residential zone.

2. Is the proposed development consistent with the objectives of the development standard which is not met?

Applicant’s justification:

The development seeks to depart from the height control noting that the proposal remains consistent with the objectives of the clause and is a more appropriate outcome on the site because of the following:

· The overall height of the development presents as a compatible form of development with only a small component of the lift cores exceeding the height limit. This upper level of the building is recessed in so that the top of the building will be less visually prominent when viewed from the street level and the height protrusion will not be visible from the adjoining properties which aligns with the intent of the planning controls contained within Holroyd LEP 2013;

· Non-compliance is minor in nature with the majority of the building being compliant with the building height control and with the lift overruns recessed, their impact to the streetscape is negligible as it will be visually unnoticeable when viewed from the street level;

· Due to the minor nature of the variation it will not have any adverse amenity impacts. In this regard, it is noted:

o The variation will be visually unnoticeable and will have no adverse impact on the physical bulk, height or scale of the development.

o The variation will not lead to a reduction in solar penetration on site or to adjoining properties nor will it lead to sunlight loss or overshadowing.

o The proposed variation will not lead to view loss or interrupt views to and from the site.

o The proposed variation will not lead to a reduction in privacy afforded to existing residents or future residents of the proposal.

· The proposal has been designed to ensure that privacy impacts are mitigated and that the proposal will not obstruct existing view corridors;

· The proposed development will permit the site to develop to its full zoning potential whilst complementing the future vision envisioned for the site by providing an attractive mixed use building that provides good address to the street frontage and complying with other key planning controls applying to the proposal;

· The scale of the proposed development will be appropriate and will be visually consistent with the permitted building height with the upper level recessed and designed using a lighter design style to ensure a positive streetscape presentation.

The above discussion demonstrates that there are sufficient environmental planning grounds to justify the departure from the control. This also satisfies Wehbe Test 1.

Planner’s comment:

The objectives of the building height standard are to enable appropriate development density to be achieved and to ensure that the height of the building is compatible with the existing and desired future character of the locality. The proposal is compliant with the maximum FSR standard, deep soil zone and communal open space requirement. The proposal is considered to be of an appropriate bulk, scale and height for the subject site, which has been amended to address concerns raised by Council in relation to the provision of terraced built form to provide an appropriate transition with the adjoining residential developments.

The departure sought is considered to be modest and does not unreasonably impact on adjoining properties. The additional height does not result in the appearance of bulk when viewed from the existing streetscape and would not impinge on the changing streetscape that is anticipated for the immediate area. Given that the proposed development responds to the site and does so without compromising relationships with adjoining developments, the proposal is considered to be consistent with the objectives of height requirements and development within the R4 High Density Residential zone.

3. a) Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

Applicant’s justification:

· The development is lodged pursuant to the ARHSEPP 2009. Objective 3(b) of the ARHSEPP states that an objective of the ARHSEPP 2009 is to facilitate the effective delivery of new affordable rental housing by providing by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards.

· Given the height control is based on a modelled building envelope that has regards to ADG setbacks, it is inevitable that 'something has to give' in order to give effect to the provisions in the ARHSEPP 2009 relating to bonus FSR. It is not that this is without merit limitation, it is of course, however, those are to be guided by the other provisions in the ARHSEPP 2009 as well as looking at other general merit matters. The variation to the height control is consistent with the objective of the ARHSEPP 2009;

· The upper levels of the building is recessed from the front setback. This enables there to be a 6th level or useable floorspace as permitted by the maximum floors pace ratio under the HLEP 2013/ ARHSEPP 2009 while at the same time minimising the visual impact of this level of the building; and

· The proposal is not located within a low-density area and the proposal represents an appropriate built form on the site.

As outlined above, the proposal remains consistent with the underlying objectives of the control and as such compliance is considered unnecessary or unreasonable in the circumstances. The above discussion demonstrates that there are sufficient environmental planning grounds to justify the departure from the control.

Planner’s comment:

Council officers are satisfied that the proposed variation has been appropriately justified and can be supported in this instance. The height breach is limited to the height of RL 45.35 for the top of the lift core. This additional height of the lift overrun is setback from the building façade and will not be visually distracting from the adjacent streets and properties. The departure sought is considered to be modest and does not unreasonably impact on adjoining properties. It is considered, therefore, that the non-compliance with the Development Standard is not unreasonable or unnecessary in the circumstances of the case.

b) Are there sufficient environmental planning grounds to justify contravening the development standard and therefore is the applicant’s written justification well founded?

Applicant’s justification:

As outlined above, the proposal remains consistent with the underlying objectives of the control. In addition to the above, it is noted that the development, including the departure to the height control enables the following to occur which demonstrates environmental planning grounds to support the numerical non-compliance.

· Adopt an appropriate Urban Form: The proposal provides for a variety of building heights and building modulations, with the development to be viewed within a high density urban setting at the front of the site and a landscaped setting at the rear that exceeds the required levels of landscaped area, deep soil, and common open space.

· Articulate / Undulated Roof Form: The roof form reflects the emerging rhythm in this high density precinct. The roof form will provide visual interest to the proposal whilst having negligible impact on the amenity of neighbouring properties in terms of overshadowing or privacy.

It demonstrates that there are sufficient environmental planning grounds to justify the departure from the control.

Planner’s comment:

The additional height does not result in the appearance of bulk when viewed from the existing streetscape, does not result in additional overshadowing to the adjoining properties because of the appropriate separation and staggered built form and would not impinge on the desired future character of the area.

Given that the proposed development responds to the site and does so without unduly compromising relationships with adjoining development, and does not unduly compromise other relevant controls, the proposal is considered to be consistent with the objectives of building height, and development within the R4 High Density Residential zone. In this regard, the exception is well founded and can be supported.

Conclusion

Council is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6 subclause (3). Council is further satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

It is the view of Council officers that justification provided is satisfactory and, having considered the application on its merit, the exception to the maximum building height development standard is considered acceptable in this instance.

The provisions of any proposed instrument that is or has been the subject (EP&A Act s4.15 (1)(a)(ii))

(a) Draft State Environmental Planning Policy (Environment)

There are no draft SEPPs applicable to the proposed development.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

The Holroyd Development Control Plan (2013) (HLEP) contains general controls which relate to all developments under Part A General Controls, Part B Residential Controls and Part N Transitway Station Precincts are relevant to the assessment of the subject application in that they establish the desired character of the area with regard to building form and the relationship of buildings to the site.

Whilst majority of the HDCP 2013 controls have been overridden by the SEPP 65 and ADG controls, the proposal still demonstrates non-compliance with the site coverage, maximum number of storeys and the location of bin storage area requirements for residential flat building under Part B Section 6.2, Section 6.4 and Part N Section 2.3 of the HDCP 2013 respectively. The following table highlights the relevant non-compliances with the HDCP 2013, and the variations sought are considered satisfactory on merit in this instance:

A comprehensive HDCP 2013 compliance table is attached to this report at Attachment 4. A summary of the non-compliances with the relevant HDCP 2013 provisions is provided in the following table.

Figure 10 Holroyd Development Control Plan 2013 Compliance Table

Clause

Control

Proposed

Part A – General Controls

3.1 Minimum Parking Spaces

Car Parking

Residential

Studio/1 bedroom unit = 0.8 spaces

2 bedroom unit = 1 space

3bedroom unit = 1.2 space

Visitor = 0.2 spaces per unit

The proposal is not located within 800m of a railway station or light rail station. Therefore, the HDCP car parking rates shall apply in general.

The proposed RFB is designed to provide 49 residential dwelling with the following arrangement:

- 6 x 1 bedroom dwellings

- 39 x 2 bedroom dwellings

- 4 x 3 bedroom dwellings

Accordingly, the proposal shall provide a total of 49.8 car parking spaces in accordance with the HDCP 2013 car parking rates.

However, given the development triggers an assessment against the ARHSEPP 2009, the HDCP 2013 car parking rates will be superseded by the relevant car parking rates in accordance with the ARHSEPP 2009.

The Clause 14(2)(a)(ii) of the ARHSEPP 2009 car parking rates:

- 0.5 parking space per 1 bedroom dwellings

- 1 parking space per 2 bedroom dwellings

- 1.5 parking space per 3 bedroom dwellings

In this regard, the proposal will require 48 car parking spaces to service the proposed 49 residential dwellings.

As shown on the proposal plan, the development will provide 48 car parking spaces plus 1 car wash bay within the proposed 1.5 level basement car park which complies with the requirement.

Part B – Residential Controls

1.5 Landscaping and Open Spaces

Minimum 30% of the total site area to be provided as landscape area for residential flat buildings.

Note: landscaped area shall be a minimum of 2m wide.

Proposed 22.39% (463.5m²).

The proposal fails to achieve the minimum landscaping requirement for RFB and the proposal present a shortfall of 157.32m² (7.61%) of landscaped area.

These landscaped area figures differ from those in the ARHSEPP 2013 due to the different minimum dimension requirements.

Whilst the proposal fails to provide the required landscaped area in accordance with the HDCP 2013, the proposal provides sufficient building separation from the property boundary to protect the amenity of the residents.

In addition, Council cannot refuse this application based on the non-compliance given the proposal has been designed to provide 32.78% of the site as landscaped area. In accordance with clause 14(1)(c) of the ARHSEPP 2009, the consent authority must not refuse consent to development that provides at least 30% of the site area is to be landscaped. Therefore, clause 14(1)(c) ARHSEPP 2009 prevailed landscaped area requirement of the HDCP 2013.

6.2 Site Coverage

Maximum site coverage of any residential flat development shall not exceed 30% of the site area

Proposed 33.37% (690.6m²).

The proposal exceeds the maximum allowable site coverage for RFB. However, the proposed development satisfies the deep soil planting, landscaping and setback requirements as required in the HDCP 2013.

The additional front setback from Great Western Highway increases the openness of the street and pedestrian footpath. This also minimise the visual impact from the proposed RFB and the proposed communal open space and landscaping on the ground level will screen and soften the scale of the proposed development from street view.

The development also complies with the building separations as required in the HDCP 2013 and the ADG which protect the amenity of the adjoining residential properties.

It is considered the proposed development has been designed to satisfy the objectives of the site coverage for RFB and therefore, that the non-compliance with the site coverage is acceptable in this instance.

6.4 Height

Maximum building height in storeys shall be provided in accordance with the table below:

Permitted Height (storeys)
Height	Storeys
9m	1
11m	2
12.5m	3
15m	4
18m	5
21m	6
24 m	7

6 storey building proposed.

The proposal exceeds the maximum number of storeys for RFB. As discussed above, the main body and all habitable floors of the development maintain within the 18m height of building control pursuant to the HLEP 2013 and the bulk and scale of the development is compatible with the future character and desired outcome of the local area as R4 High Density Residential Zone.

It is considered the variation of this numerical requirement will not add unwanted bulk of the development

The top 2 levels (5th and 6th floor) are setback from the building’s edge and site boundary to minimise the visual impact as viewed from the street and surrounding development. Privacy impacts are not considered to be unreasonable as adequate building separation has been provided and access to the non-habitable spaces is likely to be infrequent. Solar impacts to adjoining development are assessed as satisfactory elsewhere in the report.

It is considered, therefore, that the non-compliance with the number of storeys for height of building is acceptable in this instance.

Part N – Transitway Station Precinct

2.3 Building Height

The maximum building storey limit of 5 storeys applies to the subject site. (Figure 16)

See discussion above regarding non-compliance with maximum number of storeys.

As indicated in the compliance table above, the proposed development departs from the site coverage and in number of storey provisions of Council’s HLEP 2013.

These non-compliances are considered acceptable as the proposal will protect the amenity of adjoining sites, permit adequate solar access and minimise overshadowing, and will provide for a landscaped residential setting including generous communal and private open space proposed as part of this development.

There is no draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

Pursuant to clause 92 of the regulation, the provisions of AS2601 – Demolition of structures must be considered in the case of a development application involving the demolition of a building. Standard conditions are included in the draft determination to require that demolition be carried out in accordance with AS 2601.

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b))

The likely environmental, social and economic impacts of the development have been considered in the assessment of the application. As discussed in detail elsewhere in the report, the impacts in the locality are considered acceptable.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

The subject site and locality is not known to be affected by any natural hazards or other site constraints likely to have a significant adverse impact on the proposed development. Accordingly, the site can be said to be suitable to accommodate the proposal. The proposed development has been assessed in regard it its environmental consequences and having regard to this assessment, it is considered that the development is suitable in the context of the site and surrounding locality.

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

The proposal was publicly notified for a period of 21 days from 21 August until 11 September 2019 in accordance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and Part E Public Participation of HDCP 2013. As a result of the notification, Council received two public submissions. The issues raised in the public submissions are addressed in the following table:

Figure 11 Submissions summary table

Issue	Response
Inappropriate percentage of units assigned for affordable rental housing	The proposal complies with the required number of affordable housing units as per the provisions of the ARHSEPP.
Decrease in property value	No evidence have been provided to support this claim. In addition, it is considered the change in property value is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

The public interest (EP&A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of land users. In view of the foregoing analysis, it is considered that approval of the proposed development would not be contrary to the public interest.

Section 7.11 (Formerly S94) Contribution Towards Provision or Improvement of Amenities or Services

This part of the Act relates to the collection of monetary contributions from applicants for use in developing key local infrastructure.

Comments:

The development requires the payment of contributions in accordance with Holroyd Section 94 Contributions Plan 2013.

In accordance with the currently indexed rates (September 2019) for the South Wentworthville Centre contribution area, the following contributions apply:

· 6 x 1 bedroom dwellings = $57,228.00

· 39 x 2 bedroom dwellings = $629,070.00

· 4 x 3 bedroom dwellings = $80,000.00

As at 30 October 2019, the fee payable is $706,298.00 with the inclusion of the contribution credit for the existing 3 x 3 bedroom dwellings. This figure is subject to indexation as per the relevant plan. The draft determination attached includes a condition requiring payment of the contribution prior to issue of a Construction Certificate.

Disclosure of Political Donations And Gifts

The applicant and notification process did not result in any disclosure of Political Donations and Gifts.

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Affordable Rental Housing) 2009, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is considered to be satisfactory for deferred commencement subject to conditions.

The proposed development is appropriately located within the R4 High Density Residential zone under the relevant provisions of the Holroyd Local Environmental Plan 2013. The proposal is consistent with all statutory and non-statutory controls applying to the development. Minor non-compliances with Council’s controls have been discussed in the body of this report. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and the development may be determined, subject to imposition of the deferred commencement conditions.

Financial Implications:

There are no financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

Report Recommendation:

1. That the Local Planning Panel approve the variation to the Development Standard relating to building height as contained within Clause 4.3 of the Holroyd Local Environmental Plan 2013 as the applicant’s Clause 4.6 objection has adequately addressed the matters required to be demonstrated by Clause 4.6(3) and the development will be in the public interest because it is consistent with the objectives of the Height Standard and the objectives of the R4 High Density Residential zone.

2. That Development Application 2019/285/1 for demolition of existing structures and construction of a six storey residential flat building containing 49 units (6 x 1 bed/studio units, 39 x 2 bed units and 4 x 3 bed units) over a level of basement car parking pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 be approved via deferred commencement, subject to the attached conditions provided at Attachment 5.

3. Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

Attachments

1. ADG Compliance Table

2. ARHSEPP Compliance Table

3. HLEP 2013 Compliance Table

4. HDCP 2013 Compliance Table

5. Draft Notice of Determination

6. Locality Map

7. Architectural Plans

8. Landscape Plans

9. Stormwater/Engineering Plans

10. Clause 4.6 Variation Request

11. Submissions Received

Cumberland Local Planning Panel Meeting

10 December 2019

Our Reference: 2019/285/1

Contact: Mrs E Chan

Phone: 02 87579932

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

NOTICE OF DETERMINATION OF APPLICATION

14 November 2019

Zhinar Architects

Suite 1 Level 2

2 Rowe Street

EASTWOOD NSW 2122

Dear Sir/Madam

Pursuant to Section 80(3) of the Act, Council has granted “deferred commencement” consent to your development application described as follows:

PROPERTY: Lot: 0 SP: 42943, PLt: 17 DP: 10054, Lot: 182 DP: 1079320,

STREET ADDRESS: 284 - 288 GREAT WESTERN HIGHWAY WENTWORTHVILLE

DEVELOPMENT CONSENT NO: 2019/285/1

DECISION: Cumberland Local Planning Panel

DATE FROM WHICH To Be Advised Upon Satisfactory

CONSENT OPERATES: Completion of Schedule ‘A’

DATE OF EXPIRY OF CONSENT: To Be Advised Upon Satisfactory

Completion of schedule ‘a’

PROPOSED DEVELOPMENT: Demolition of Existing Structures and Construction of a 6 Storey Residential Flat Building containing 49 Units (6 X 1 Bedroom Units, 39 X 2 Bedroom Units and 4 X 3 Bedroom Units) Over 1.5 level of Basement Car Parking for 48 vehicles and provision of 1 car wash bay pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009

This Development Application is APPROVED in accordance with the Environmental Planning & Assessment Act 1979 and is subject to compliance with the requirements of Cumberland Council, the Building Code of Australia, the Local Government Act 1993, and the following conditions as set out hereunder and/or endorsed upon the attached plans.

SCHEDULE “A”

Consent to the Demolition of Existing Structures and Construction of a 6 Storey Residential Flat Building containing 49 Units (6 X 1 Bedroom Units, 39 X 2 Bedroom Units and 4 X 3 Bedroom Units) over 1.5 level of Basement Car Parking pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 shall not operate until all of the following Schedule “A” conditions have been complied with to Council’s satisfaction.

Stormwater Design

1. Stormwater is to be disposed of into Roads and Maritime Services drainage system, subject to Sydney Water’s approval. Sydney Water’s written approval shall be submitted to the Principal Certifying Authority in conjunction with the stormwater drainage plans.

On Site Detention Design

2. Four (4) copies of plans and calculations for the design shall be submitted to Council, together with the payment of a $234.00 checking fee. Inadequately prepared drawings and calculations will incur an additional checking fee of $234.00

On Site Detention – Easement Creation

3. A drainage easement of 1.25m wide (minimum) being created in favour of the property to be developed over downstream properties, to permit the disposal of stormwater to Great Western Highway, Wentworthville. Documents relative to the creation of the easement to be lodged with Land and Property Information NSW with registration being effected prior to Schedule “B” conditions becoming operational. All costs associated with piping, relocation and creation of easements shall be borne by the applicant.

* * * * * * * * * * * * * * * *

SCHEDULE “B”

PRELIMINARY

1. This consent shall lapse if the above development is not physically commenced by the date of expiry shown on the front page of this Consent.

2. Development shall take place in accordance with the attached endorsed plans:

Title	Prepared by	Job No. / Dwg No.	Issue	Date
Development Summary	Zhinar Architects Pty Ltd	8583 – DA001	B	23 Oct 2019
Site plan – Demolition Plan	Zhinar Architects Pty Ltd	8583 – DA003	A	12 Jul 2019
Basement 1 plan	Zhinar Architects Pty Ltd	8583 – DA101	B	23 Oct 2019
Ground floor plan	Zhinar Architects Pty Ltd	8583 – DA102	B	23 Oct 2019
Typical Floor 1-3	Zhinar Architects Pty Ltd	8583 – DA103	B	23 Oct 2019
L4 Floor Plan	Zhinar Architects Pty Ltd	8583 – DA104	B	23 Oct 2019
L5 Floor Plan	Zhinar Architects Pty Ltd	8583 – DA105	B	23 Oct 2019
Roof plan	Zhinar Architects Pty Ltd	8583 – DA106	B	23 Oct 2019
Elevation (South & West)	Zhinar Architects Pty Ltd	8583 – DA201	B	23 Oct 2019
Elevation (East & North)	Zhinar Architects Pty Ltd	8583 – DA202	B	23 Oct 2019
Section (1, 2 & Ramp)	Zhinar Architects Pty Ltd	8583 – DA301	B	23 Oct 2019
Materials schedule	Zhinar Architects Pty Ltd	8583 – DA405	B	23 Oct 2019
Landscape Plan – Ground floor plan	Paul Scrivener	19/2085 – 1 of 3	C	28 Oct 2019
Planting plan & Level 4 Plan	Paul Scrivener	19/2085 – 2 of 3	C	28 Oct 2019
Planting plan & Level 4 Plan	Paul Scrivener	19/2085 – 3 of 3	C	28 Oct 2019
Title page, notes and drainage details drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW001	A	4 Jul 2019
Basement Level 1 Stormwater Drainage Layout Drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW002	B	25 Oct 2019
Ground Floor / Site Stormwater Drainage Layout and On Site Detention Drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW003	A	4 Jul 2019
Ground Floor / Site Stormwater Drainage Layout and On Site Detention Drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW004	B	25 Oct 2019
OSD and Overland Flow Channel Sections and Details Drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW005	A	25 Oct 2019
Roof Level Stormwater Drainage Layout Drawing	Mance Arraj Civil & Structural Engineers	2618-DA – SW006	A	4 Jul 2019
Traffic and Parking Assessment Report	Varga Traffic Planning Pty Ltd	19151	-	28 Jun 2019
Traffic and Parking Matters	Varga Traffic Planning Pty Ltd	19151	-	28 Oct 2019
Waste Management Plan	-	8583	-	28 Oct 2019
BASIX Certificate	Ecoinnovate	1020010M	-	8 Jul 2019
Arborist Report	Redgum Horticultural	4799	-	13 Jun 2019
Acoustic Assessment	Acouras Consultancy	SYD2019-1033-R001B	-	16 Jul 2019
Access Report	Vista Access Architects	19102	A	15 Jun 2019
Police Recommendations	NSW Police Force	-	-	12 Nov 2019
Roads and Maritime Services Concurrence	RMS	SYD19/01436/01	-	26 Nov 2019

As amended in red by Council. All amendments are to be incorporated in the Construction Certificate plans.

Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA)

4. Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 109E of the Act.

Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you.

5. The applicant shall consult with, as required:

(a) Sydney Water Corporation Limited

(b) Integral Energy

(d) A local telecommunications carrier

6. Building materials, builders sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip. Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians. Offenders will be prosecuted.

Demolition

8. Permission is granted for the demolition of existing structures on the property, subject to strict compliance with the following:-

(a) Demolition is to be carried out in accordance with the applicable provisions of AS2601-2001 - Demolition of Structures.

Note: Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications. The developer is to notify owners and occupiers of premises on either side, opposite and at the rear of the development site 5 working days prior to demolition. Such notification is to be a clearly written on A4 size paper giving the date demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side, immediately at the rear of, and directly opposite the demolition site. The demolition must not commence prior to the date stated in the notification.

(b) 5 working days (i.e., Monday to Friday with the exclusion of Public Holidays) notice in writing is to be given to Cumberland Council for inspection of the site prior to the commencement of works. Such written notice is to include the date when demolition will commence and details of the name, address, business hours, contact telephone number and licence number of the demolisher. Works are not to commence prior to Council’s inspection and works must also not commence prior to the commencement date nominated in the written notice.

(c) On the first day of demolition, work is not to commence until Cumberland Council has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until Council is satisfied that all measures are in place so as to comply with WorkCover’s document “Your Guide to Working with Asbestos”, a copy of which accompanies this Development Consent and demolition works must at all times comply with its requirements.

(d) On demolition sites where buildings to be demolished contain asbestos cement, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers. Advice on the availability of these signs can be obtained by telephoning Council's Customer Service Centre during business hours on 9840 9840. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.

(e) Demolition shall not commence until all trees required to be retained/transplanted are protected in accordance with those conditions stipulated under “Prior to Works Commencing” in this Consent.

(f) All previously connected services are to be appropriately disconnected as part of the demolition works. The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services.

(g) Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”.

(h) Demolition is to be completed within 5 days of commencement.

(i) Demolition works are restricted to Monday to Friday between the hours of 7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.

(j) Protective fencing is to be installed to prevent public access to the site.

(k) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA).

(l) Before demolition operations begin, the property shall be connected to the sewer of Sydney Water to which a pedestal pan shall be temporarily connected for the use as the employees’ toilet service during demolition operations.

(m) After completion, the applicant shall notify Cumberland Council within 7 days to assess the site and ensure compliance with AS2601-2001 – Demolition of Structures.

Note: The person responsible for disposing of the above asbestos waste is to telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02) 9840 9715 to determine the location of a tip licensed to receive asbestos. Within fourteen (14) days of the completion of demolition works, the applicant must lodge with Council, all original weighbridge receipts issued by the receiving tip as evidence of proper disposal.

(n) Within 14 days of completion of demolition, the applicant shall submit to Council:

ii) A signed statement verifying that demolition work and the recycling of materials was undertaken in accordance with the Waste Management Plan approved with this consent under Holroyd Development Control Plan 2013, Part A, Section 11. In reviewing such documentation Council will require the provision of original weighbridge receipts for the recycling/disposal of all materials; and

9. Payment of $445.80 fee for inspection by Council of the demolition site prior to commencement of any demolition works.

BASIX (Building Sustainability Index)

10. Under Clause 136D of the Environmental Planning & Assessment Regulation 2000, it is a condition of this Development Consent that all the commitments listed as per Condition 2 in relation to BASIX are fulfilled.

Substations/ Fire hydrant booster pumps

11. No approval is granted or implied for installation of any substation. If a substation is required, it must only be proposed as an internal chamber with consent from Council by way of a Section 4.55 modification application.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

Affordable Rental Housing

12. A minimum of twenty-two (22) units, being units 101, 103, 111, 114, 115, 121, 124, 125, 135, 142, 152, 201, 203, 204, 211, 214, 215, 221, 224, 225, 235 and 242 on the endorsed architectural plans, shall be nominated for the purpose of affordable housing prior to the issue of Construction Certificate.

Amended plans

13. Amended plans are required to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate, indicating the following changes:

(a) The bin layout redesigned to allow access to each bin (no stacking of bins against each other).

(b) A gate provided along eastern side of the property, as indicated in red on the approved plans.

(c) The balconies associated with Units 401, 402 & 403 on Level 4 modified to have a minimum setback of 9m, as indicated in red on the approved plans. (Note. The modification requires minor internal modifications to Unit 401. No changes are permitted to the number and sizes of the windows within the eastern elevation).

(d) Clothes drying facilities provided on the balcony of each unit and appropriately screened.

Traffic – Access and Parking

14. Aisle width between the 90 degree parking and parallel parking spaces shall be minimum 6.3 metres in accordance with Section 2.4.4 (b) of AS2890.1.

15. The development shall be designed to comply with the Disability Discrimination Act and the Access to Premises Standards. Plans showing compliance shall be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

16. Boundary alignment levels shall not be assumed. The owner or builder must make application to Council’s Engineering Services Department to obtain the boundary line levels prior to issue of construction certificate.

17. Any required adjustment to utility services, trees, signs and other street furniture requires approval of the appropriate authority shall be undertaken by the applicant. All cost associated with the proposed works shall be borne from the applicant and at no cost to Council.

18. Any works requiring closure of any road or footway closure will require submission of a Council’s Temporary Road Closure application form and payment of fees.

19. Details of any control device for the roller gates (if proposed) shall be shown on the plans. The control device shall not reduce the width of the access driveway/ramp, shall not impact on the flow of traffic and road safety and shall be demonstrated with swept path analysis.

Car Parking

20. The car park is to be designed to comply with AS/NZS 2890.1:2004: Parking facilities – Off-street car parking and AS/NZS 2890.6:2009: Parking facilities – Off-street parking for people with disabilities. Full details shall be included in documentation for a Construction Certificate application.

21. Signs and line marking plans shall be prepared prior to the issue of Construction Certificate and to be in accordance with AS2890.1-2004, AS2890.6-2009 and the endorsed plans. Detail is to be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

22. Disabled parking spaces shall be provided with a shared area and bollard in accordance with AS2890.6-2009. The shared area shall not be shared with any other parking spaces. In this regard, the disabled parking space adjacent to the loading bay shall be provided with a bollard and shared area.

External Walls and Cladding Flammability

23. The external walls of the building including attachments must comply with the relevant requirements of the National Construction Code (NCC). Prior to the issue of a Construction Certificate, the Certifying Authority and Principal Certifying Authority must:

(a) Be satisfied that suitable evidence is provided to demonstrate that the products and systems proposed for use or used in the construction of external walls including finishes and claddings such as synthetic or aluminium composite panels comply with the relevant requirements of the NCC; and

(b) Ensure that the documentation relied upon in the approval processes include an appropriate level of detail to demonstrate compliance with the NCC as proposed and as built.

Payment of Bonds, Fees and Long Service Levy

24. The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes all Long Service Levy payments to be made to the Long Service Payments Corporation.

Section 7.11 Contribution

25. Prior to the issue of a Construction Certificate, a monetary contribution imposed under section 7.11 of the Environmental Planning and Assessment Act 1979 and Holroyd Section 94 Development Contributions Plan 2013, for 49 units are made up of 6 x 1 bedroom units, 39 x 2 bedroom units and 4 x 3 bedroom units (minus a credit for the 3 x 3 bedroom dwellings). At the time of this development consent, the current rate of the contribution is $706,298.00. The amount of the contribution will be determined at the time of payment in accordance with the relevant Section 94 Contributions Plan in force at that time. A copy of the Holroyd Section 94 Development Contributions Plan 2013 can be viewed on Council’s website at https://www.cumberland.nsw.gov.au/development/strategic-planning-and-legislation/development-contributions or inspected at Council’s Civic Centre located at 16 Memorial Avenue, Merrylands between the hours of 8am and 4.30pm Monday to Friday.

Damage Deposit

26. A cash bond/bank guarantee of $5,701.10 must be paid/lodged with Council to cover making good any damage caused to the property of Council, during the course of construction associated with the development. This will be held for ‘six (6) months after the completion of works’ or six (6) months after the issue of ‘Final Occupation Certificate’ (whichever occurs last) to remedy any defects that may arise within this time.

Note: The applicant/owner shall be held responsible for and may be required to pay the full reinstatement costs for damage caused to Council’s property unless the applicant/owner notifies Council in writing and provides photographic proof of any existing damage to Council’s property. Such notification shall occur prior to works/demolition commencing. However, if in the opinion of Council, during the course of construction existing damage has worsened, Council may require full reinstatement. If damage does occur during the course of construction, prior to reinstating any damage to Council’s property, the applicant/owner shall obtain design specifications of all proposed restoration works. Restoration/construction works within the road reserve shall be carried out by a licensed construction contractor at the applicant/owners expense and shall be inspected by Council prior to placement of concrete and/or asphalt.

Consistency with Endorsed Development Consent Plans

27. The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans.

Landscape Inspection Fee

28. Payment of a $686.00 fee for the inspection by Council of landscape works and/or trees to be retained at the key stages, where Council is the Principal Certifying Authority.

Landscaping

29. An Arborist qualified to at least Australian Qualifications Framework (AQF) Certificate Level 4 shall be retained throughout all demolition/construction work to ensure the proper protection and management of the tree/s required to be retained/transplanted and that any necessary pruning work within 1m of the building/s approved, is carried out in accordance with AS4373-1996 – Pruning of Amenity Trees. This includes on site supervision of the erection of tree protection measures and, where necessary, any works that are required within tree protection zones.

30. The tree/s identified on the endorsed plans as being retained/transplanted shall be protected against damage throughout the demolition/construction process in accordance with the report issued by Redgum Horticultural dated 13 June 2019 (ref: 4799), the attached Guidelines for the Protection of Trees On and Adjacent to Demolition/Building Sites and relevant conditions of this Consent.

31. Protective fencing is to be installed in line with the dripline of the tree/s to be retained/transplanted which overhangs the site and no further than 0.5m from any buildings. This fencing is to be constructed of chainwire mesh 1.8m high, which is supported by steel stakes or piping and braced to resist impacts. Where appropriate the trunk/s of the tree/s on the site and any street tree/s (which are not to be fenced other than as mentioned above), shall also be protected by vertical timber boards, installed by or under the supervision of a suitably qualified person or the arborist (as appropriate) engaged to ensure the proper protection and management of the trees required to be retained/transplanted to accepted horticultural and TAFE standards.

Note: Removal of the protective fencing or timber boards during construction work, will affect the Bonds and may result in legal proceedings being instigated by Council against the applicant and builder.

Engineering Fees and Bonds

32. Payment of a $626.00 fee for the inspection by Council of the stormwater drainage and Onsite Stormwater Detention System at the key stages, where Council is the Principal Certifying Authority.

33. The applicant shall lodge with Council a $2,000.00 cash bond or bank guarantee to cover the removal of redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

34. The applicant shall lodge with Council a $5,000.00 cash bond or bank guarantee for the satisfactory completion of the construction and/or reconstruction of the concrete footpath paving adjacent to the site. This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

35. The applicant shall lodge with Council a $6,290.00 cash bond to cover the registration of a Positive Covenant and Restriction as to User over the Onsite Stormwater Detention System. This bond is refundable upon the submission of proof of registration of the Restriction on Use and Positive Covenant with the Land and Property Information NSW.

36. The Sites stormwater drainage connection to the proposed new gully pit in the Great Western Highway shall be in accordance with the RMS Works Specification and standard Drawings.

On-site Stormwater detention

37. The development has been identified as requiring an on-site stormwater detention (OSD) system which has formed part of the development consent. Therefore, in order to satisfy the drainage requirements for the building, any construction certificate for the building shall include the construction of the OSD system. In this regard, design and construction details of the OSD system demonstrating compliance with the development consent, OSD plan number 2019-288 and Council’s on-site detention policy shall be submitted to the certifying authority prior to the issue of a construction certificate.

Traffic Management Plan

38. A Traffic Management Plan shall be lodged with Council for any road and drainage works to be carried out within public road reserves, or where construction activity impacts on traffic flow or pedestrian access, in strict compliance with the requirements of AS1742.3 (Traffic Control Devices for Works on Roads). In this regard, the applicant shall pay Council a $201.00 initial fee for the assessment of the Traffic Management Plan by Council, prior to commencing works within the road reserves. A copy of the approved Traffic Management Plan shall be kept on site during the course of construction for reference and compliance.

39. The applicant shall also provide a Construction and Traffic Management Plan, prepared by a suitably qualified consultant and submitted to Council for approval. A fee $238.00 initial fee for the assessment of the plan shall also be lodged to Council. The following matters must be specifically addressed in the Plan:

a) A plan view (min 1:100 scale) of the entire site and frontage roadways indicating:

· Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways;

· Signage type and location to manage pedestrians in the vicinity;

· The locations of any proposed Work Zones in the frontage roadways – note: Work Zone fees apply in accordance with Council’s Fees and Charges;

· Locations and type of any hoardings proposed along all street frontages;

· Area of site sheds and the like;

· Location of any proposed crane standing areas;

· A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries;

· Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected;

· The provision of an on-site parking area for employees, tradesperson and construction vehicles as far as possible; and

b) A Traffic Control Plan for the site must be prepared for approval by Council incorporating the following:

i) Traffic control devices proposed in the road reserve must in accordance with the RMS publication “Traffic Control Worksite Manual” and designed by a person licensed to do so (minimum RMS ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures are to be identified and specific traffic control measures identified for each.

ii) A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided detailing:

· Light traffic roads and those subject to a load or height limit must be avoided at all times; and

· A copy of this route is to be made available to all contractors, and shall be clearly depicted at a location within the site.

iii) Evidence of RMS concurrence where construction access is provided directly or within 20m of an Arterial Road.

iv) A schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of the construction management obligations. These must specify that construction-related vehicles to comply with the approved requirements;

v) For those construction personnel that drive to the site, the Applicant shall provide on-site parking so that their personnel’s vehicles do not impact on the area.

c) Council’s adopted fee for certification of compliance with this condition shall be payable on lodgement, or in any event, prior to the issue of the relevant approval.

d) Any use of Council property shall require appropriate approvals and demonstration of liability insurances prior to such work commencing.

e) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction and Traffic Management Plan be lodged with Council as early as possible.

f) Dependent on the circumstances of the site, Council may request additional information to that detailed above.

g) Subject to an application for the occupation of public roadway or footway
(Section 138, Local Govt. Act 1993), and Covered by a $20 million public
liability insurance policy, with the policy noting Council as an interested party.

Required Submissions to Principal Certifying Authority

40. If the development is likely to disturb or impact upon telecommunications infrastructure, written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first.

41. The arrangements and costs associated with any adjustment to telecommunications infrastructure shall be borne in full by the applicant/developer.

42. Retaining walls greater than 1.0m above finished ground level or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with any Construction Certificate application.

43. Structural engineer’s details (in duplicate) prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority.

Construction Management Plan

44. A Construction Management Plan shall be prepared and adopted to address traffic control and the safe removal and delivery of materials. Detail is to be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

Storage

45. Secured storage areas for each unit shall be provided at the following rates:-

· 1 bedroom units - 6m³

· 2 bedroom units - 8m³

· 3 bedroom units - 10m³

A minimum of 50% of the storage area shall be provided within the unit. Detail is to be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

Car Wash Bay

46. A vehicle wash bay shall be provided for residents of the development. Collection, reuse and ultimate disposal of water used in the vehicle wash bay shall be in accordance with Sydney Water’s requirements. The car wash bay shall be designed so that the following requirements are met:

· Have an adequate parking and washing floor space.

· Provide a water supply.

· Minimise water use with appropriate devices (e.g. such as a gun-type nozzle which closes when released and a timer operative valve, collection and use of rainwater).

· Have a water supply cut out system/fail-safe mechanisms provided to ensure that mechanical failure; drainage blockage or lack of maintenance cannot result in wastewater surcharge into the stormwater system.

· Be designed to ensure that over spray, drift of water or detergent does not cause a nuisance to persons, vehicles, residences, other buildings, neighbouring properties or the environment.

· Be located so that washing can occur with minimal disturbance to other residents.

Details to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

Air Conditioning

47. Details and specifications for the mechanical ventilation system complying with the Australian Standard are to be submitted and approved by the Principal Certifying Authority.

Design Verification Statement

48. In accordance with Environmental Planning and Assessment Regulation 2000 and State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65), the subject development must be undertaken or directed by a “qualified designer” (i.e., a “registered architect” under the Architects Act). In this regard, a design verification statement shall be submitted to the Principal Certifying Authority (PCA). The PCA shall ensure that the statement prepared by the qualified designer provides the following:-

(a) A valid and current chartered architect’s certificate number (as issued by the Board of Architects of NSW);

(b) That the qualified designer has designed or directed the design of the subject development;

(c) That the plans and specifications lodged with the Construction Certificate achieve or improve the design quality of the development for which the subject development consent was granted, having regard to the design principles set out in Part 2 SEPP 65.

Note: The design verification statement must provide an explanation of the design in terms of the design quality principles set out in Part 2 of SEPP 65.

Salinity

49. The site has been identified as having a potential salinity hazard. To prevent moisture/salinity from entering the built structure, appropriate construction methods are to be incorporated for all dwellings/buildings.

Details of proposed methods of construction are to be detailed in the engineering plans and submitted to the PCA.

Note: Further information for building in a saline environment is available in the following documents:

· “Building in Saline Environment” prepared by DIPNR 2003.

· Water Sensitive Urban Design in the Sydney Regions “Practice Note 12: Urban Salinity”

· Wagga Wagga City Council’s “Urban Salinity Action” October 1999

· “Guide to Residential Slabs and Footings in Saline Environments” prepared by Cement Concrete and Aggregates Australia, May 2005

Acoustic Measures

50. Plans and/or specifications demonstrating how all engineering assumptions, performance parameters, and recommendations in the DA approved Acoustic Report prepared by Acouras Consultancy, dated 16 July 2019, report ref. SYD2019-1033-R001B, will be complied with are to be submitted to the satisfaction of the Principal Certifying Authority prior to the issuing of the Construction Certificate.

Sight Distance

51. To maintain sight distance to pedestrians, all fencing and landscaping within 2.0m of a driveway shall have a maximum height of 1.0 m and 50% transparent above a height of 0.5m. All solid posts higher than 0.5m (but lower than 1m) shall have a maximum width 350mm and a minimum spacing of 1.2m.

Roads and Maritime Services

52. All buildings and structures, together with any improvements integral to the future use if the site are to be wholly within the freehold property (unlimited in height or depth), along the Great Western Highway boundary.

53. The design and construction of the new gutter crossing on Great Western Highway shall be in accordance with Roads and Maritime requirements. Details of these requirements should be obtained by email to DeveloperWorks.Sydney@rms.nsw.gov.au

54. Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works. Please send all documentation to development.sydney@rms.nsw.gov.au. A plan checking fee and lodgement of a performance bond is required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

55. The proposed development should be designed such that road traffic noise from Great Western Highway is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007. As such, prior to the issuing of the Construction Certificate, the developer must demonstrate to Council that road traffic noise from Great Western Highway has been mitigated to comply with the above and has regard for the applicable requirements in the NSW Government’s Development Near Rail Corridors and Busy Roads – Interim Guideline, 2008 with applicable requirements being details on the Construction Certificate plans.

56. A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for approval prior to the issue of a Construction Certificate.

PRIOR TO WORKS / DEMOLITION COMMENCING

The following conditions are to be complied with prior to any works / demolition commencing on the site:

Appointment of Principal Certifying Authority and Notification of Commencement of Work

57. The person having the benefit of the development consent, not the principal contractor (builder), must: -

(a) Appoint a Principal Certifying Authority in accordance with Section 81A(2)(b) of the Act.

(b) Have the Principal Certifying Authority complete the ‘Accredited Certifier Details’ on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

(c) Notify Council of the appointment of the Principal Certifying Authority and of the intention to commence building work, such notification is to be given to Council at least two (2) working days prior to the proposed commencement date, and be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

If nominated, Council can provide this service for you and act as the Principal Certifying Authority.

Note: The Principal Certifying Authority must also notify the person having the benefit of the Development Consent of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work such notification must comply with Clause 103A of the Regulations.

Notification of Principal Contractor (Builder)/Owner-Builder

58. The person having the benefit of the Development Consent must:-

(a) Notify the Principal Certifying Authority that the person will carry out the work as an owner-builder, if that is the case;

Required Submissions to Council or the Principal Certifying Authority

59. To facilitate a complete assessment and enable the Certifying Authority to check compliance on site, truss validation and design, details certified by a qualified practicing structural engineer shall be submitted to Council or the Principal Certifying Authority for examination and approval. Details shall include:

(a) job address and builder’s name

(b) design wind velocity

(d) truss spacing

(e) roof pitch

(f) material of roof

(g) roof batten/purlin spacing

(h) material of ceiling

(i) job number

Photographic Record of Council Property – Damage Deposit

60. The applicant shall submit to Council, for the purposes of the damage deposit bond lodged to cover making good any damage caused to the property of Council, a full and satisfactory photographic record of the condition of Council’s property (i.e., road pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the subject site. The purpose of the photographic record is to establish any pre-existing damage to Council’s property to ensure that you are not liable for any re-instatement works associated with that damage. However, if in the opinion of Council, the existing damage has worsened or any new damage is caused during the course of construction, the Council may require either part or full re-instatement.

Hazardous Materials Survey

61. A Hazardous Materials Survey Report must be prepared by a certified Occupational Hygienist (Australia Institute of Occupational Hygienists) and submitted to the satisfaction of Council’s Environmental Health Manager prior to commencement of any demolition work commencing at the site. The report must identify and record the type, location and extent of any hazardous materials on the site and make recommendations as to their safe management and/or removal to ensure the site is made safe for demolition, construction and future use/occupation.

Alterations or Removal of Services

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

Notification to Relevant Public Authority

63. The applicant shall ensure that relevant public utility authorities are made aware of the salinity problems that have been identified, such that their services are designed to take into consideration the effects the saline soils may have on their installations.

Fencing of Sites

64. Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric.

All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway.

Signs to be Erected on Sites

65. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours and at any time for business purposes, and

The sign must be rigid and durable and be read easily by anyone in any public road or other public place adjacent to the site.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

Prohibited Signage

66. Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted.

Protection of Public Places

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

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

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

Site Control Measures

68. Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd City Council’s “Erosion & Sediment Control Policy.”

Note: On-the-spot fines may be issued by council where measures are absent or inadequate.

Works Within Council’s Reserve

69. All works within the Council reserve shall be completed within three (3) weeks of the date of commencement. Council’s Development Engineer shall be advised prior to the commencement of works.

70. Submission to Council of a Certificate of Currency of the contractor’s Workers’ Compensation Policy prior to the commencement of works.

71. All construction works shall be in accordance with the WorkCover safety requirements. Submission of insurance documentation demonstrating a minimum Public Liability cover of $20,000,000 is to be submitted prior to commencement of works. Holroyd City Council shall be named on the Certificate of Currency as an interested party.

Footpaving, Kerbing and Guttering

72. Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths.

73. Finished street levels shall not be assumed. The owner or builder must make application to Council’s Engineering Services Department for street levels.

Road Opening Permit

74. The applicant is to submit to Council an application for a road opening permit when the drainage connection into Council’s system is within the road reserve. In this regard the applicant shall pay Council an applicable fee and charges prior to the commencement of works. Additional road opening permits and fees may be necessary where there are connections to public utility services (eg. telephone, electricity, sewer, water or gas) required within the road reserve.

Surveying - Boundaries

75. All footings and walls proposed within 1 metre of a boundary must be set out by a registered surveyor, a boundary survey and report shall be prepared indicating the true boundaries and position of the external walls that adjacent to the boundaries of the development site. The survey/report shall be submitted to the principal certifying authority.

Support for Neighbouring Buildings

76. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land (including a public road and any other public place), the person causing the excavation to be made:

(a) must preserve and protect the building from damage, and

(b) if necessary, must underpin and support the building in an approved manner, and

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

77. A dilapidation report of adjoining properties/allotments and details of the proposed excavation works in excess of 2m or within the zone of influence of neighbouring building foundations and required underpinning and supportive measures shall be submitted to the Principal Certifying Authority. Any required underpinning and supportive measures shall be designed by a practising structural engineer and details shall be submitted to the Principal Certifying Authority for approval prior to construction works commencing.

Toilet Facilities

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

Each toilet provided:

(a) Must be a standard flushing toilet, and

(b) Must be connected:

i) To a public sewer,

ii) If connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

iii) If connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

iv) The position of the toilet on the site shall be determined by Council’s Building Surveyor and/or Sydney Water.

Residential Building Work - Insurance

79. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Cumberland Council) has given Cumberland Council written notice of the following information:-

(a) in the case of work for which a Principal Contractor is required to be appointed:

i) the name and licence number of the Principal Contractor, and

ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

i) the name of the owner-builder, and

ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

The notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

Property/Street Number

80. Council is the authority responsible for the allocation of all official property addresses. For ease of identification of your new development, it is important that the allocated property numbers are used and displayed prominently. It is requested that you contact Council as soon as possible before construction is commenced to discuss proposed addressing for your development.

Please email your site plan to Cumberland Council’s Rates Section.

Council’s ‘Allocation of Property Numbers’ policy is available on Council’s website www.holroyd.nsw.gov.au.

Roads and Maritime Services

81. Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system that impact onto Great Western Highway are to be submitted to Roads and Maritime for approval, prior to the commencement of any works. Please send all documentation to development.sydney@rms.nsw.gov.au. A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued.

82. The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime. Please send all documentation to development.sydney@rms.nsw.gov.au.

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work. A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued.

DURING DEMOLITION / CONSTRUCTION

The following conditions are applicable during demolition / construction:-

Endorsed Plans & Specifications

83. A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent, Construction Certificate and approved Traffic Management Plan are to be retained on site at all times.

Hours of Work & Display of Council Supplied Sign

84. For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited.

Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours.

The yellow “Hours of Building Work” sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work.

Site Control

85. All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb.

86. Builder’s refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project.

87. Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land.

Asbestos Cement Sheeting

88. All asbestos cement sheeting must be removed by contractors with an appropriate licence issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:-

(a) Recladding or brick veneering of any building where the existing walls to be covered are currently clad with asbestos cement; OR

(b) Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.

Removal must be carried out strictly in accordance with WorkCover’s “Your Guide to Working with Asbestos”.

89. All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA).

Note: The person responsible for disposing of the above asbestos waste is to telephone the EPA on 02 9995 5000 or Council’s Waste Officer on 02 9840 9715 to determine the location of a tip licensed to receive asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal.

90. Within fourteen (14) days of completion of renovation or recladding or brick veneering works where asbestos cement sheeting was removed, the applicant shall submit to Council an asbestos clearance certificate prepared by a NATA accredited occupational hygienist.

Waste Management Plan

91. The approved Waste Management Plan must be implemented and complied with during all stages of works on site.

92. Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council.

In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.

Compliance with Critical Stage Inspections and other Inspections nominated by the Principal Certifying Authority

93. Section 109E(3)(d) of the Environmental Planning and Assessment Act 1979 requires certain specific inspections (prescribed by clause 162A of the Environmental Planning and Assessment Regulation 2000) and known as ‘Critical Stage Inspections’ to be carried out for building work. Prior to permitting commencement of the work your Principal Certifying Authority is required to give notice of these inspections pursuant to clause 103A of the Environmental Planning and Assessment Regulation 2000.

Note: An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

Construction

94. The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has been supplied with a check survey report prepared by a registered surveyor certifying that the floor levels and external wall locations to be constructed, comply with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies. The slab shall not be poured, nor works continue, until the Principal Certifying Authority has advised the builder/developer that the floor level and external wall setback details shown on the submitted survey are satisfactory.

In the event that Council is not the Principal Certifying Authority, a copy of the survey shall be provided to Council within three (3) working days.

Salinity

95. The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has confirmed that all required construction measures addressing salinity, as required by this Consent and its accompanying Construction Certificate have been carried out.

Landscaping/Site Works

96. All turfed areas shall be finished level with adjoining surfaces and also fall evenly to approved points of drainage discharge.

97. The tree/s identified on the endorsed plans as being retained/transplanted shall be protected against damage throughout the demolition/construction process in accordance with the report prepared by Redgum Horticulatural dated 13 June 2019 (ref: 4799), the attached Guidelines for the Protection of Trees On and Adjacent to Demolition/Building Sites and relevant conditions of this Consent.

98. A report is to be prepared and submitted to Council by the Arborist engaged to ensure the proper protection and management of the tree/s required to be retained/transplanted that:

(a) Sets out maintenance work carried out on tree/s; and

(b) Assesses the health and condition of the tree/s required to be retained/transplanted and protected.

The report should also provide documentary evidence that the tree protection conditions are being complied with in the form of site notes and photographs and be provided at three monthly intervals during construction works that are within 5m of any tree.

99. The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment. If any tree/s are not shown on the endorsed plan or are required to be retained/transplanted and protected but are threatened by demolition/construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to cease until the matter is resolved to the satisfaction of Council. Council’s Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered.

100. Branches of trees to be retained/transplanted within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with AS4373-1996 – Pruning of Amenity Trees to enable demolition/construction works to occur.

Note: Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities.

101. No works are to occur within the fenced tree protection zone. All authorised works/activities within the fenced tree protection zone/s are to be undertaken by hand held equipment under the supervision of the consulting Arborist. No roots over 50mm in diameter are to be cut within the tree protection zone without prior consultation with Council officers or the consulting Arborist.

All roots over 50mm in diameter which are encountered outside the fenced tree protection zone/s are to be cleanly cut and not ripped.

102. New 1.8m high lapped and capped timber paling or colorbond fences (colour to be sympathetic with the development) determined in consultation with adjoining property owner(s), are to be erected along the side boundaries at full cost to the developer, such fencing to be constructed on or within the property boundary unless otherwise stated on consent. In situations where the boundary fence is proposed on top of a retaining wall, the height of the fence shall not exceed a maximum of 2.4m as measured from the lower adjacent ground level. A Statutory Declaration or other documentary evidence of such consultation is to be submitted to the Principal Certifying Authority.

103. A single master T.V. antenna is to be installed to service each building and provision made for connection to each dwelling within that building.

Works within Council’s Reserve

104. All works within the Council reserve shall be suitably fenced to prevent public access to the work site during construction of the stormwater drainage.

Inspection of On Site Detention Works

105. The stormwater drainage works are to be inspected during construction, by the Council or by a suitably qualified Civil Engineer. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

(a) Initial inspection to discuss concept and site conditions/constraints prior to commencement of construction of the detention basin/tank;

(b) Prior to landscaping of detention basin or pouring of the roof of the detention tank;

(c) After completion of storage but prior to installation of fittings (e.g. orifice plates, screens, flap valves etc.); and

(d) Final Inspection.

Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.

Surveying – Footing/Wall

106. A survey certificate is to be submitted to the Principal Certifying Authority at footing/or formwork stage of structure where adjacent to the site boundary(s). The certificate must indicate the location of all structures (e.g. Retaining wall, Footing) in relation to all boundaries, and must confirm the structure has constructed within the boundary lines in accordance with the endorsed plan and no structure encroachment within the adjacent properties and/or Council’s land prior to any further work proceeding on the site.

Road Works and Footpaving

107. Pedestrian access, including disabled and pram access, is to be maintained as per AS1742.3 “Part 3 – Traffic Control Devices for Works on Roads”.

108. All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction.

Underground Cabling

109. All communications cabling shall be installed underground as per relevant authority requirements (including broadband and Category 5).

Underground Power Connection

110. Power connection to the site is to be underground. No intermediate power pole is permitted even where electricity reticulation cannot be obtained directly from the street.

Alarms

111. The developer/builder shall not install any audible intruder alarms within the units. If the building is to be provided with a burglar alarm system, this shall incorporate back to base monitoring such that residents can connect thereto from each individual unit.

112. With regard to the basement level pump out system, a suitable audible alarm with flashing light system shall be positioned at the first floor level of each common property stairwell within the building and a flashing light only shall be positioned at each common property entrance to the car parking area to provide a flood warning in the case of pump failure. The alarm system shall be to the satisfaction of Council’s Engineer.

Basement Parking

113. A convex mirror is to be provided so that drivers can see up the driveway from within the basement.

114. An intercom device is to be located within the basement foyer so that disabled persons can contact any unit if the lift is not working.

Rainwater Tank

115. The design of the rainwater tank(s) should allow a horizontal clearance of at least 450mm for pedestrian movement. This tank must not exceed 2.4 metres in height above ground level, including any stand for the tank.

Vehicle Cleansing

116. Concrete trucks and trucks used for the transportation of building materials shall not traffic soil, cement or similar materials onto the road. Hosing down of vehicle tyres shall be conducted in a suitable off-street area where wash water is prevented from entering the stormwater system or adjoining property.

Importation of Fill

117. All imported fill shall be validated in accordance with Council’s Contaminated Land Policy to ensure that it is suitable for the proposed land use from a contamination perspective.

Additional Information during Demolition/Construction

118. Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to Council immediately.

Line Marking

119. Directional arrows for internal circulation shall be prominently displayed on the pavement on approaches to, and within, the carpark area.

Acoustic Measures

120. The recommendations provided within the Acoustic Report prepared by Acouras Consultancy (Ref: SYD2019-1033-R001B) dated 15 June 2019, shall be implemented.

Cranes

121. No approval is granted or implied for the installation of any crane on the premises that has the potential to swing beyond the boundaries of the subject site. Separate necessary approvals, including but not limited to Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993, must be obtained from Council prior to installation of any such cranes.

Roads and Maritime Services

122. All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Great Western Highway.

123. A Road Occupancy Licence (ROL) shall be obtained from Transport Management Centre for any works that may impact on traffic flows on Great Western Highway during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf

124. Sight distances from the proposed vehicular crossings to vehicles on Great Western Highway are to be in accordance with the Austroads 'Guide to Traffic Engineering Practice, Part 5: Intersections at Grade, Section 6.2 - Sight Distance' and AS2890. Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the vehicular crossings to motorists, pedestrians and cyclists.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

The following conditions are to be complied with prior to the issue of a final occupation certificate:-

General

125. Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent and its accompanying Construction Certificate.

126. The glass balustrading associated with the balcony areas of the development, facing the public domain, shall be maintained to opaque glass.

State Environmental Planning Policy (Affordable Rental Housing) 2009

127. To ensure compliance with State Environmental Planning Policy (Affordable Rental Housing) 2009, Council is to be notified on the day that an Occupation Certificate is issued. (This in turn will be considered as the day that the affordable housing 10 year dedication period commences).

128. For a period of at least 10 years from the date of the issue of the Occupation Certificate:

(a) A minimum of 40.59% of the gross floor area (being units 101, 103, 111, 114, 115, 121, 124, 125, 135, 142, 152, 201, 203, 204, 211, 214, 215, 221, 224, 225, 235 and 242 on the architectural plans prepared by Zhinat Architects in Condition 2) provided in the development scheme must be used for the purpose of affordable housing as defined in Part 1 Clause 6(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009; and

(b) All accommodation that is used for affordable housing shall be managed by a registered community housing provider. Details of the registered community housing provider agreement shall be provided to Council prior to occupation of the premises.

129. The rental amount of the affordable units is to meet the requirement of Part 1 Clause 6(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

130. A positive covenant being registered on the title to the property under Section 88E of the Conveyancing Act 1919, to give effect to part (a) of this condition. Such covenant shall not be revoked or modified without prior approval of Council. The covenant shall be registered before the issue of an Occupation Certificate.

Certificates/Documentary Evidence

131. A final clearance is to be obtained from Integral Energy if such clearance has not previously been issued.

132. A Section 73 Certificate (Sydney Water) must be submitted to the Principal Certifying Authority prior to occupation of the development.

133. A Structural Engineer’s certificate from the supervising structural engineer responsible for the design shall be submitted to the Principal Certifying Authority and shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer’s requirements and the relevant SAA Codes.

Note: Any such certificate is to set forth the extent to which the engineer has relied on relevant specifications, rules, codes of practice or publications in respect of the construction.

134. An Accredited Certifier shall submit to the Principal Certifying Authority a signed checklist as per Appendix A of AS4299-1995 confirming that Units 102, 112, 122, 132, 202, 212, 222 and 232 have achieved the desired level of adaptability (i.e. “Adaptable House Class A or B”).

Compliance with Hazardous Materials Survey Report Prior to Occupation

135. All of the recommendations for management and/or removal of hazardous materials on the site, as outlined in the Hazardous Materials Survey Report prepared prior to commencement of demolition works, must be complied with.

136. Prior to the Occupation Certificate, certification must be submitted to the Principal Certifier from a certified Occupational Hygienist (Australia Institute of Occupational Hygienists) confirming that all hazardous materials identified have been contained, managed or removed in accordance with the recommendations given in the approved Hazardous Materials Survey Report, and that the site is safe for future occupation in accordance with the approved use.

Fire Safety

137. Submission to Council of a Final Fire Safety Certificate pursuant to Clause 170 of the Environmental Planning and Assessment Regulation 2000 in respect of each essential fire or other safety measure listed on the Fire Safety Schedule attached to the Construction Certificate.

Note:

(a) Such Certificate shall state, pursuant to Clause 80E in relation to each essential fire safety measure mentioned in the certificate:

· that the service has been assessed by a properly qualified person (chosen by the owner of the building); and

· that the service was found to be, when assessed, capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.

(b) The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed, and must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedules for the building.

(c) The assessment must have been carried out within the three (3) months prior to the date on which the final fire safety certificate is issued.

Works as Executed

138. A copy of the as approved stormwater drainage and On Site Detention plan showing work as executed details shall be submitted to Council. The work as executed plan shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention.

Compliance Certificate

139. A certificate of compliance in accordance with Council’s standards and specifications for stormwater drainage and On Site Detention shall be issued to the Principal Certifying Authority by a suitably qualified Civil Engineer.

140. A certificate of compliance for the pump out drainage system of the basement level shall be issued to the Principal Certifying Authority by the pump installers stating that the pump out system has been installed to operate in accordance with the Council requirements and approved drawings.

141. Documents giving effect to the creation of a Positive Covenant and Restriction on Use over the as constructed On Site Detention shall be submitted to the authority benefited for approval prior to lodging with the Land and Property Information NSW. The wording of the terms of the Positive Covenant and Restriction On Use shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention. The documents shall be approved by the benefiting authority for registration with Land and Property Information NSW.

The Positive Covenant and Restriction on Use documents shall be registered with the Land and Property Information NSW within six (6) months from the date of release by the benefiting authority.

OSD Covenant and Maintenance Schedule

142. A maintenance schedule for the stormwater and On-Site Detention system including a sketch plan of the components forming the sites stormwater and On-Site Detention system shall be submitted. The maintenance schedule shall be prepared by a qualified hydraulic engineer and shall be in accordance with the Upper Parramatta River Catchment Trust requirements.

143. The applicant shall provide a standard confined space danger sign at all access points to the underground On-Site Detention storage tank in accordance with the Upper Parramatta River Catchment Trust On-Site Detention handbook.

144. An On-site Stormwater Detention plate shall be installed within the detention basin or tank. The plate shall be located in or near the Discharge Control Unit to alert future owners of their obligations to maintain the facility and its restrictions. The wording and plate shall be in accordance with Council’s standard requirements.

145. On-site Stormwater Detention design summary calculation sheet/s using the WAE levels shall be submitted to Council.

Road Works

146. The reconstruction of cracked and/or damaged concrete kerb, gutter, and any associated works along all areas of the site frontage. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8100 and issued level sheets.

147. The removal of existing footpath and construction of a 2.5 metre wide concrete shared footpath paving and associated works along the entire site fronting Great Western Highway. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing SD-8100 and issued level sheets. All footpath areas within the road reserves that are not concrete shall be turfed with ST85 Buffalo or 'Sir Walter'.

148. The reconstruction of Council’s gully pit/s and associated works along all areas of the site fronting RMS gully pit. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8010.

149. Removal of all redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing number SD-8100.

150. Any works requiring levels within the road reserve will require the submission of Council’s Vehicle Crossing application form.

151. A full width heavy duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 6 metres and a minimum width of 5.5 metres at the boundary line. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

152. A certificate of compliance for the construction of vehicular crossings, footpath paving, kerb and guttering and roadworks shall be obtained from Council and be submitted to the Principal Certifying Authority.

Air Conditioning

153. At the completion of the installation of the mechanical ventilation system, the Principal Certifying Authority is to be provided with a certificate from the installer that includes:

154. All parking spaces shall be signposted and line-marked in accordance with the endorsed signs and line-marking plans and AS2890.1-2004 and 2890.6-2009.

155. The entry / exit driveway shall be indicated with appropriate signage and line-marking to avoid traffic conflict at the driveway

Air Conditioning

156. At the completion of the installation of the mechanical ventilation system, the Principal Certifying Authority is to be provided with a certificate from the installer that includes:

(a) Inspection, testing and commissioning details,

(b) Date of inspection testing and commissioning,

(d) Statement that the service has been designed, installed and is capable of operating to the above standard.

House/Street Number

157. A house/street number must be displayed on all newly developed properties in accordance with Council's "Policy on the Display of House Numbers" available from the Customer Services Counter or Council's website.

Design Verification Statement

158. In accordance with Environmental Planning and Assessment Regulation 2000 and State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, the subject development must be undertaken or directed by a “qualified designer” (i.e., a “registered architect” under the Architects Act). In this regard, a design verification statement shall be submitted to the Principal Certifying Authority (PCA) assessing the development, upon completion of all works subject of this consent and its accompanying construction certificate. The PCA shall ensure that the statement prepared by the qualified designer provides the following:-

a) A valid and current chartered architect’s certificate number (as issued by the Board of Architects of NSW);

b) That the completed development achieves the design quality of the development as shown in the plans and specifications submitted and approved with the Construction Certificate, having regard to the design quality principles set out in Part 2 SEPP 65.

Landscape

159. Certification is to be provided to the Principal Certifying Authority (PCA), from a suitably qualified person or the designer of the landscape proposal (as appropriate), that all tree planting/landscape works have been carried out in accordance with the endorsed plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate.

160. Certification is to be provided to the Principal Certifying Authority (PCA) from a suitably qualified and licensed contractor that the specified planter boxes have been waterproofed and drained in accordance with the requirements of the current relevant Australian Standards, any relevant authority regulations and current best work practices. If Council is not the PCA a copy of the certification is to be provided to Council with the Occupation Certificate.

161. The Arborist engaged to ensure the proper protection and management of the trees required to be retained/transplanted is to provide a report to Council concerning the health and condition of the tree/s and if necessary any remedial works required. The report should also provide documentary evidence that the tree protection conditions were complied with throughout the demolition/construction phases, in the form of site notes and photographs. Should the trees require remedial works which are not exempt under Council’s Tree Management Order, an application for General Tree Works will be required to be submitted and approved before the works are carried out and certified by the Arborist. Remedial works which are exempt under Council’s Tree Management Order will also be required to be completed and certified.

162. Certification is to be provided to the Principal Certifying Authority from a suitably qualified and licensed contractor that the specified fully automated commercial grade irrigation system has been designed and installed to all common planted areas in accordance with the requirements of the current relevant Australian Standards, any relevant authority regulations and current best work practices. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate.

163. Boundary and courtyard fences must be erected and finished in a professional manner.

164. As shown on the endorsed plan Tristaniopsis Laurina are to be planted in the footpath area/s of Great Western Highway. The trees are to come from a minimum 75L container and be planted, so as not to affect existing services, in accordance with the attached guidelines.

Noise Compliance Report

165. A noise compliance report shall be submitted to Council prior to the issuing of the Occupation Certificate. The report shall state that the noise reduction measures detailed Noise Report Reference SYD2019-1033-R001B prepared by Acouras Consultancy dated 16 July 2019, have been implemented, and confirm that the noise emissions from the premises complies with Council’s noise criteria specified in this consent.

Lot Consolidation

166. Lot 182 in DP 1079320, Lot 17 DP 10054 and Lot 0 SP 42943 shall be consolidated into one lot on title and all works shall be completed in accordance with this Development Consent.

CONDITIONS RELATING TO USE

The following conditions are applicable to the use of the development:-

State Environmental Planning Policy (Affordable Rental Housing) 2009

167. For a period of at least 10 years from the date of the issue of the Occupation Certificate:

168. The rental amount of the affordable units is to meet the requirement of Part 1 Clause 6(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Safety & Amenity

169. Where audible intruder alarms are installed in the units by residents, they shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997. (Note: Condition No. 106 above, prevents the developer/builder from installing audible alarms).

170. Access to the residential areas of the development shall be limited to residents via an intercom swipe card system.

Traffic and Parking

171. At least 48 car parking spaces and 1 car wash bay numbered and line marked in accordance with the endorsed plan, are to be made available at all times for residents and visitors’ vehicles only in conjunction with the occupation of the building/premises.

172. All vehicles shall enter and leave the site in a forward direction.

173. The car wash bay shall be a common, independent area, and not serve as a visitor parking space.

Refuse & Trade Waste

174. Waste storage bins must be covered at all times to prevent entry of stormwater or dispersal by wind and must be sealed to prevent leakage.

Maintenance of Waste Storage Area

175. All waste and recycling containers shall be stored in the designated waste storage area. The body corporate shall be responsible for movement of the waste and recycling containers to the footpath for weekly collections, and the return of waste and recycling containers to the waste storage area. The Body Corporate shall clean the waste storage area, dry arrestor pit and waste collection containers.

176. In the event of Council receiving complaints regarding excessive odour from the garbage bay area, the person(s) in control of the premises shall at their own cost arrange for an environmental investigation to be carried out (by a suitably qualified person) and submit a report to Council specifying the proposed methods for the control of odour emanating from the garbage bay area.

Emergency Procedures

177. The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises to a standard not less than that specified in the Fire Safety Schedule.

Noise

178. The operation of all plant and equipment shall not give rise to an equivalent continuous (LA_eq) sound pressure level at any point on any residential property greater than 5dB(A) above the existing background L_A90 level (in the absence of the noise under consideration).

179. In the event of Council receiving complaints regarding excessive noise, the person(s) in control of the premises shall at their own cost arrange for an acoustic investigation to be carried out (by a suitably qualified person) and submit a report to Council specifying the proposed methods for the control of noise emanating from the premises.

180. Noise and vibration from the use of the air conditioning system (if any installed) shall not exceed the background level by more than 5dB(A) and shall not be audible in any premises of a different occupancy between 10:00pm and 7:00am on weekdays and 10:00pm and 8:00am on weekends and public holidays.

181. Noise and vibration from the use of the mechanical exhaust ventilation system shall not exceed the background level by more than 5dB(A) and shall not be audible in any premises of a different occupancy between 10.00pm and 7.00am on weekdays and 10.00pm and 8.00am on weekends and public holidays.

Mechanical Ventilation System

182. Any discharge to the atmosphere from the subject development shall not result in any odour or other air impurity being detected outside the boundaries of the property.

Car wash bay

183. The car wash bay shall be managed and maintained so that the following requirements are met:

· The Body Corporate or owner should advise all users of the car wash facilities how to operate, maintain and use the equipment so that good housekeeping practices can be adopted at all times.

· Have clearly visible sign(s) indicating that no degreasing, engine washing or mechanical work is to be undertaken in the car wash bay, informs car wash bay users of how to use and maintain the system, and encourages users to minimise the use of detergents and water.

184. Washing of vehicles shall be conducted in a car wash bay, which is roofed and bunded to exclude rainwater. The carwash bay shall be regularly cleaned and maintained. Alternative water management and disposal options may be appropriate where water is recycled, minimised or re-used on the site.

Clean Water Discharge

185. The operation of the premises shall be conducted in a manner, which does not pollute waters as defined by the Protection of the Environment Operations Act 1997.

Lighting

186. Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads, and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply AS4282-1997 Control of the obtrusive effects of outdoor lighting.

Landscaping

187. Landscaping adjacent to the driveway shall not restrict pedestrian and vehicular visibility in accordance with AS2890.1-2004. Regular maintenance shall be undertaken to ensure this requirement is satisfied.

General

188. All privacy measures shall be maintained at all times, throughout the lifetime of the development.

189. The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act 1997 and shall be controlled in accordance with the requirements of such Act.

ADVISORY NOTES

Other Necessary Approvals

A. The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:

(b) Any fencing located forward of the proposed building and exceeding the limitations specified in Local Environmental Plan 2013, Part 3 “Exempt and Complying Development”.

(d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.

Note: If you carry out building work as an owner builder and sell your home within seven (7) years from the date of completion (date of final occupation certificate), then a Certificate of Insurance must be attached to your Contract of Sale.

B. Section 97 of the Act provides that an applicant who is dissatisfied with the Council’s determination of the Development Application may appeal to the Land and Environment Court within 6 months of the date of determination, or as otherwise prescribed.

C. Section 82A of the Act provides that an applicant may request, within 6 months of the date of determination of the Development Application, that the Council review its determination (this does not apply to integrated or designated development). A fee is required for this review.

It should also be noted that an application under Section 82A of the Act cannot be reviewed/determined after 6 months of the date of determination. Therefore, the submission of a Section 82A Application must allow sufficient time for Council to complete its review within the prescribed time frame, including the statutory requirement for public notification.

D. The applicant and Owner are advised that the Commonwealth Disability Discrimination Act 1992 may apply to this particular proposal. Approval of this application does not imply or confer compliance with this Act. Applicants and owners should satisfy themselves as to compliance and make their own enquiries to the Australian Human Rights Commission. Attention is also drawn to the provisions of Parts 2, 3 and 4 of AS1428 - Design for Access and Mobility.

E. A Construction Certificate shall be obtained in accordance with Section 81A (2)(a)of the Act, prior to the commencement of any work on site. Council can provide this service for you.

F. An Occupation Certificate is to be issued by the Principal Certifying Authority prior to the occupation of the building.

G. DEMOLITION

(a) Demolition is to be carried out in accordance with AS2601-2001, Demolition of Structures.

(b) Demolition is to be carried out in such a way and with such control measures as are necessary to prevent the occurrence of any dust, noise, runoff or other nuisance.

(d) The public footpath and roadway is to be protected against damage as a result of demolition activities and is to be kept clean and free of all soil and other materials.

(e) On completion of demolition the site is to be left in a clean and tidy condition.

(f) Cumberland Council has a Tree Management Order which applies to the entire City of Holroyd. No ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees exceeding 3.5m in height and 3m in branch spread shall take place without the prior written consent of Cumberland Council.

(g) There shall be no burning of any waste, as this is prohibited within the City of Holroyd.

(h) Demolition material can be recycled saving the environment and also tipping costs. For more information, contact the Environment Protection Authority’s Recycling hotline on 02 9325 5555.

(i) Public roads shall be kept clean and free of any materials which may fall from vehicles or plant to ensure safety and amenity of the area.

H. BANK GUARANTEES

Bank guarantees will be accepted from list of banks which have at least an “A” rating from Standard and Poors and at least an “A2” or “Prime-1” standard from Moodys Investor Services.

To enable the bank guarantee to be enforceable during an entire project with consideration for delays, the guarantee must not contain a facility expiry date.

I. SMOKE DETECTORS

A system of self-contained smoke alarms complying with the requirements of AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products being installed in the dwelling, connected to the mains power supply and provided with a standby power supply. Alarms are to be positioned on the ceiling and setback a minimum distance of 300mm from any wall. Alarms are to be placed in the vicinity of each area containing bedrooms with a minimum of one (1) alarm required for each storey of the dwelling.

J. TERMITE PROTECTION

Structural members are to be protected from attacked by subterranean termites in accordance with the requirements of AS3660.1-2000 Protection of building from subterranean termites and a durable notice must be affixed within the metre box indicating the type of protection, its date of installation, life expectancy of any chemical barrier used, and system maintenance and inspection requirements. A certificate of compliance of the approved system must be submitted to Council or the Principal Certifying Authority on completion of the system installation. With respect to chemical protection, a pipe system shall be installed beneath the slabs plastic membrane to allow re-application of the chemical border.

K. WET AREAS

Wet areas in the dwelling are to be waterproofed in accordance with AS3740 Waterproofing of Wet Areas within residential buildings.

(a) A current Certificate of Accreditation for the product.

AND

(b) A certificate from the person responsible for the installation of the product advising that the product was applied in accordance with the relevant manufacturers specifications.

Note: Any copy of documentary evidence submitted, must be a complete copy of the original report or document.

L. LANDINGS

M. SARKING

To reduce the risk of injury during works to the roof, sarking with fall arresting ability is to be provided to the underside of the roof. Manufacturers specifications for the sarking is to be submitted to Council prior to its installation.

N. MINIMISING WATER USE

Examples of ways water use can be minimised in the car wash facility are:

· the use of a gun type nozzle on the hose that closes when released and

· filter and recycle wash water where possible.

O. CONSTRUCTION/OCCUPATION CERTIFICATE FEES

P. SOUND TRANSMISSION AND INSULATION

To ensure the amenity of occupants in multi-residential development (Class 2 and 3 buildings and Class 9c Aged Care buildings), separating walls must be constructed in accordance with Part F5 of the Building Code of Australia.

Q. GLAZING CERTIFICATION

A certificate shall be submitted to the Principal Certifying Authority stating that safety glazing has been used in the building in accordance with AS1288 - Glass in Buildings - Selection and Installation.

R. DIAL BEFORE YOU DIG

S. TELECOMMUNICATIONS ACT 1997 (COMMONWEALTH)

T. DIVIDING FENCES

Please be advised that arrangements concerning existing or proposed fences between properties are a civil matter determined by the involved parties under the Dividing Fences Act 1991. You are therefore required to consult with the owners of neighbouring properties if fences are to be removed or constructed.

The Dividing Fences Act 1991 is administered by the Department of Lands who can act as a mediator in disputes. For further information please refer to the following information on Council’s website: https://www.cumberland.nsw.gov.au/sites/default/files/2019-08/dividing-fences-policy%20.pdf

Yours faithfully

Sohail Faridy

COORDINATOR DEVELOPMENT ASSESSMENT

Cumberland Local Planning Panel Meeting

10 December 2019

Item No: LPP083/19

Development Application for 11 Hilltop Road, Merrylands

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA 2019/227

Application lodged	24 June 2019
Applicant	Mr J Khouri
Owner	JKSD Holdings Pty Ltd
Application No.	2019/227
Description of Land	11 Hilltop Road Merrylands, Lot X in DP 405801
Proposed Development	Alterations and fit out of an existing building to facilitate a 70 place centre based child care centre with 22 at grade parking spaces
Site Area	1948 m²
Zoning	R2 – Low Density Residential
Disclosure of political donations and gifts	Nil disclosure
Heritage	Yes – subject site is listed as an item of local heritage significance
Principal Development Standards	Height – 9 m FSR – 0.5:1
Issues	· Public submissions (22, including a petition with 96 signatures) · Parking non-compliance · Suitability of the site

Summary:

1. DA 2019/227 was lodged on 24 June 2019 seeking consent for alterations to the existing dwelling to accommodate a centre based child care centre with 85 places at 11 Hilltop Road Merrylands.

2. The application was publicly notified to occupants and owners of neighbouring properties for a period of 14 days between 10 July and 24 July 2019. As a result of the notification, 17 submissions were received.

3. The application was deferred on 8 August 2019 and amended plans were submitted on 30 August 2019. The amended application provided for a reduction in the number of children to be cared for in the centre from 85 to 84 and introduced a waste storage area at the front of the site.

4. The application was renotified from 1 October 2019 to 8 October 2019. A further 5 submissions were received as a result of the renotification.

5. The application was again deferred on 15 October 2019, with final plans and documents submitted for assessment on 28 October 2019. The final set of plans provided for a reduction in the number of children to be cared for from 84 to 70. Renotification of the amended application was not required, as there would be no additional impact on any neighbouring properties as a result of the amendments.

6. The subject site is listed as an item of local heritage significance under HLEP 2013. The impacts of the proposal on the heritage item have been assessed as satisfactory.

7. The development as proposed by the applicant involves the following non-compliances:

Control	Required	Proposed	% Variation
Unencumbered outdoor space (CCPG)	490 m²	463.6 m²	5.3%
Car parking (HDCP)	23	21	8.6%
Transitional area dimensions (HDCP)	4 m min	3.6 m	10%
Acoustic fencing height	2 m max	2.1 m	5%

8. Subject to conditions limiting the number of children in the centre to 53, the development will comply with the unencumbered outdoor space and car parking requirements. The other variations listed above are considered satisfactory in the circumstances, as discussed in this report.

9. The application is recommended for approval subject to the conditions provided in the draft determination.

Report:

Subject Site And Surrounding Area

The subject site is known as 11 Hilltop Road Merrylands. The legal description of the site is Lot X in DP 405801. The subject site and all adjacent sites are zoned R2 – Low Density Residential. The properties on the opposite side of Hilltop Road are zoned B1 – Neighbourhood Centre (Hilltop Shops).

Figure 1 – Zoning map of subject site

Figure 2 – Aerial view of subject site

Figure 3 – Existing dwelling, view from Hilltop Road

The site has frontage of 26.415 m to Hilltop Road, and a total area of 1,948 m². The site falls approximately 3 m to the rear, and currently contains a split level dwelling house and associated outbuildings. The existing dwelling is listed as an item of local heritage significance in the Holroyd Local Environmental Plan 2013. There are no other heritage items in the vicinity of the site, and the site is not within a heritage conservation area.

Description of The Proposed Development

The proposal (as amended) is for alterations to the existing dwelling to accommodate a centre based child care facility with a maximum capacity of 70 places as follows:

· 0-2 years: 10 places;

· 2-3 years: 20 places; and

· 3-5 years: 40 places

Parking for 22 cars is to be provided at grade, at the front of the site. The centre includes 3 separate indoor play areas, kitchen, staff and administration areas. Outdoor play areas are provided to the rear of the site, and within the eastern setback. The proposal also involves transplanting of two established palm trees from within the front garden, to either side of the proposed vehicular access point.

Site History

Date	Action
1 June 2012	DA 2012/211 rejected by Council. Proposal was for ‘restoration of existing heritage home plus extension to the rear’.
20 July 2016	DA 2015/551 withdrawn by the applicant following a request for additional information and amended plans to address heritage issues.
1 May 2017	DA 2017/80 approved by Council for alterations and additions to the existing heritage listed dwelling house with detached alfresco and front fence.
21 August 2017	Order issued by Council, requiring the owner/applicant to cease work
20 September 2017	Modification application 2017/80/2 approved by Council for increase in storage area and height
14 February 2018	Modification application 2017/80/3 approved by Council for relocation of stairs at the rear of the dwelling
15 January 2019	DA 2018/473 rejected by Council. Proposal was for change of use of the existing dwelling to child care centre
18 February 2019	DA 2019/26 rejected by Council. Proposal was for change of use of the existing dwelling to child care centre.
24 June 2019	DA 2019/227 (subject application) lodged with Council
2 July 2019	DA referred to internal sections of Council for comment
10 to 24 July 2019	DA notified to owners and occupants of surrounding properties.
8 August 2019	DA deferred seeking additional information and amended plans.
30 August 2019	Amended plans and additional information submitted by the applicant.
1 to 8 October 2019	DA renotified to surrounding residents.
10 October 2019	Applicant advised that the proposal would not be supported due to parking and unencumbered outdoor area requirements. The applicant was invited to withdraw the application.
15 October 2019	Application deferred seeking additional information and amended plans.
28 October 2019	Additional information and amended plans submitted by the applicant.
10 December 2019	DA 2019/227 referred to CLPP for determination.

Applicant’s Supporting Statement

A Statement of Environmental Effects prepared by Think Planners, dated 30 November 2018 was submitted in support of the application. Additional correspondence from Think Planners, dated 9 September 2019 was submitted in support of the amended application.

Contact With Relevant Parties

The assessing officer has undertaken an inspection of the subject site and has been in regular contact with the applicant throughout the assessment process.

Internal Referrals

Traffic Engineer

The application was referred to Council’s Traffic Engineer for comment. The response received 17 July 2019 identifies the following concerns:

1. Unsuitability of the site for a child care centre, given its location on Hilltop Road.

2. Non-compliance with DCP parking requirements, including the provision of tandem car spaces.

3. Lack of separate entry and exit driveways (as required by Part I of the DCP).

4. The requirement for approval from the local traffic committee for any works within the public road, including new or adjusted traffic signs, linemarking, or traffic devices.

These matters have been considered as follows:

· The non-compliance with the DCP parking rate is addressed in part by conditions requiring a reduction in the number of children to be cared for in the facility to 53.

· It is considered reasonable to permit staff spaces to be provided in a stacked arrangement behind the visitor spaces as proposed.

· Council’s planning officer is satisfied that the site is suitable for a child care centre development with 53 places.

· The Traffic Engineer also recommended that right turn movements into and out of the property be restricted by construction of a median island within Hilltop Road. Conditions are included in the draft determination to require a median island to be constructed, subject to Local Traffic Committee approval prior to the issue of an operative consent.

ii)

Council’s Traffic Engineer also recommended that a condition be imposed to require a traffic study to be prepared and submitted to Council, identifying any required traffic calming measures.

Development Engineer

The application was referred to Council’s Development Engineer for comment. The response received 10 October 2019 indicates that the amended proposal is satisfactory, subject to deferred commencement conditions requiring registration of a drainage easement to discharge water to Essey Place. Conditions as recommended by the Engineer are included in the draft notice of determination at attachment 5.

Heritage consultant

The application was sent to Council’s external planning consultant for review. The response received 7 August 2019 recommended the following:

· That the Statement of Heritage Impact (SoHI) provided by the applicant be expanded to include an assessment of the setting and views of the heritage item, including how the siting, gardens and front fencing contribute to its significance; how the proposal adequately addresses its frontage to Hilltop Road; and how the proposal retains its overall external built form.

· That the SoHI provide mitigation recommendations.

· That an archival photographic recording be prepared to record any residual heritage values in their context.

iii)

These matters were addressed by the applicant’s heritage consultant in the revised heritage statement dated 27 August 2019, which is provided at attachment 8 to this report. Council is satisfied on the basis of the information provided by the applicant that the heritage impacts will be satisfactory. This is discussed in more detail at the HLEP 2013 section of this report.

Children’s Services

The application was referred to Council’s Children’s Services Team for comment. The comments received in relation to the original proposal have largely been addressed through various amendments to the proposal, and recommended conditions of consent.

Environmental Health Officer

The application was referred to Council’s Environmental Health Officer for comment. The response received on 19 July 2019 indicates that the proposal is satisfactory subject to conditions, including compliance with the recommendations of the Detailed Site Investigation submitted by the applicant. Conditions as recommended by the officer are included in the draft determination at attachment 5.

Tree Management Officer

The application was referred to Council’s Tree Management Officer for comment. The response received 15 July 2019 indicates that the proposal is satisfactory subject to conditions, including a requirement for details regarding the proposed tree transplantation to be submitted to Council for approval prior to the issue of a construction certificate.

Waste Management

The application was referred to Council’s Waste Management Officer for comment. The concerns raised regarding the waste storage arrangements have been addressed in the amended plans.

Building Services

The application was referred to Council’s Building Services Team for comment. The response received on 26 November 2019 recommends that the building be brought into conformity with the National Construction Code. Conditions to that effect are included in the draft determination.

External Referrals

The application was not required to be referred to any external agencies for comment.

Planning Comments

The provisions of any Environmental Planning Instruments (EP&A Act s4.15 (1)(a)(i))

The proposed development is affected by the following Environmental Planning Instruments:

(a) State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

Matter for Consideration	Yes	No
Does the application involve re-development of the site or a change of land use?
Is the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation
Is the site listed on Council’s Contaminated Land database?
Is the site subject to EPA clean-up order or other EPA restrictions?
Has the site been the subject of known pollution incidents or illegal dumping?
Does the site adjoin any contaminated land/previously contaminated land?
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?
Details of contamination investigations carried out at the site: Preliminary site investigation (PSI) and detailed site investigation (DSI) reports prepared by Geotechnical Consultants Australia were submitted with the application. The DSI recommends certain remediation work be carried out to make the site suitable for the proposed use as follows: · An Asbestos Removal Scope of Works (ARSW) should be prepared prior to the removal of any asbestos material from the site; · The ARSW will provide details of the methodology and procedures required for effective remediation of asbestos in fill material, which may include: · Providing the requirements and procedure for waste classification assessment, in order to enable classification of site soils to be excavated and disposed off-site during the remedial works, in accordance with the Waste Classification Guidelines: Part 1 Classifying Waste (NSW EPA, 2014). · Validate soils in accordance with the ARSW to ensure that any contamination is remediated or managed by assessing against the respective EPA thresholds and guidelines: · Preparation of a final site validation report by a qualified environmental consultant, concluding that the site has been remediated to allow the proposed development for use as a child care facility; and · An Asbestos Management Plan (AMP) and an associated Asbestos Register (AR) must be developed for the site to address the presence of ACM in fill material and potential ACM within onsite structures. The AMP will include an Unexpected Finds Protocol (UFP) which will detail the procedures for the discovery of any unanticipated suspected ACM. Conditions are included in the draft determination to require compliance with the recommendations of the DSI.

(b) State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

iv)

v) The relevant provisions of the SEPP are detailed in the following table:

vi)

Requirement	Comment
23 23 Centre-based child care facility—matters for consideration by consent authorities Before determining a development application for development for the purpose of a centre-based child care facility, the consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline, in relation to the proposed development.	The applicable provisions of the Child Care Planning Guideline are assessed in detail at attachment 1.
24 Centre-based child care facility in Zone IN1 or IN2—additional matters for consideration by consent authorities	N/A – subject site is zoned R2 – Low Density Residential
25 Centre-based child care facility—non-discretionary development standards (a) location—the development may be located at any distance from an existing or proposed early education and care facility, (b) indoor or outdoor space (i) for development to which regulation 107 (indoor unencumbered space requirements) or 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations applies—the unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of those regulations, or (ii) for development to which clause 28 (unencumbered indoor space and useable outdoor play space) of the Children (Education and Care Services) Supplementary Provisions Regulation 2012 applies—the development complies with the indoor space requirements or the useable outdoor play space requirements in that clause, (c) site area and site dimensions—the development may be located on a site of any size and have any length of street frontage or any allotment depth, (d) colour of building materials or shade structures—the development may be of any colour or colour scheme unless it is a State or local heritage item or in a heritage conservation area.	(a) Noted (b) Proposal complies with indoor space requirement. Non-compliance with outdoor space requirement will be resolved by condition to reduce the number of children. (c) noted (d) noted

(c) Holroyd Local Environmental Plan

The proposed development is defined as a centre-based child care facility, and is permitted with consent in the R2 – Low Density Residential zone which applies to the land. The proposal is considered to be not incompatible with the relevant zone objective, in that it could provide a facility and service to meet the day to day needs of residents.

The proposal complies with all applicable development standards under HLEP 2013. A detailed compliance table is provided at attachment 2. Assessment against the provisions of clause 5.10 is provided below.

Environmental heritage

The subject site is identified as an item of local heritage significance at schedule 5 of the LEP (I62 – late Victorian period cottage). There are no other heritage items in the vicinity of the site, and the site is not within a heritage conservation area. The statement of cultural significance from the 1993 Holroyd Heritage Study reads as follows:

“11 Hilltop Road has local historic significance as an early surviving cottage believed to have been erected on "Burda Park" (adjacent to the Estate of the same name). Dating the residence (stylistically) to the turn of the century, its architectural character and siting provide evidence of an almost semi-rural development, this evidence surviving subsequent subdivisions of adjacent areas. The building also has local aesthetic significance as a good representative example of suburban Federation house with a mix of "Bungalow" and "Queen Anne" elements which, despite some alterations, retains important original features and detail, most notably the weatherboard cladding profiled to resemble ashlar. The historic and aesthetic significance of the site is enhanced by its retention of a spacious "open" quality and mature tree planting.”

Objectives of clause 5.10

Clause 5.10 of the LEP details heritage conservation requirements. The objectives of clause 5.10 are as follows:

(a) to conserve the environmental heritage of Holroyd

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

Objectives (c) and (d) are not relevant to the subject application as the site is not identified as having any archaeological or Aboriginal heritage significance. The proposal provides for the conservation of a listed heritage item, including the fabric, setting and views associated with the item. As such, the proposal is considered to be consistent with objectives (a) and (b) of clause 5.10.

The subject application seeks consent for alterations to the existing dwelling and ancillary structures, as required by clause 5.10(2) of the LEP.

Assessment of impact

Clause 5.10(4) requires that the consent authority consider the effect of the proposed development on the heritage significance of the item or area concerned.

The applicant submitted a heritage impact statement, and supplementary information prepared by Greg Patch of Archnex Designs. The applicant’s report was reviewed by Council’s heritage consultant and planning officer.

The proposed works largely consist of internal alterations and fit out works, which will have minimal impact on the significance and setting of the item. The proposed car park will have an impact on the garden setting of the existing dwelling. However, the proposal involves retention of two established trees within the site, and a large portion of the front setback has already been converted to hard stand. As such, the formalisation of the car park as proposed under this application will have limited additional impact on the item. The amended proposal allows for retention of an existing garden bed along the southern edge of the front verandah, which provides for better physical separation between the dwelling and the car park.

The proposed waste storage area between the dwelling and garage structures will restrict the reading of the dwelling as a separate structure. This aspect of the proposal also was not documented or assessed in the applicant’s statement of heritage impact. Accordingly, a condition is included in the draft determination to require that the waste storage area be provided within the southern portion of the existing garage structure.

Conservation management plan

Clause 5.10(6) provides that the consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent. A Conservation Management Plan was prepared for the subject site as part of a previous application. It is not considered necessary to obtain a new or updated Conservation Management Plan, due to the limited scope of the physical works proposed within the existing heritage dwelling. Conditions are included in the draft determination to require the works to the heritage item to be appropriately planned, supervised and documented.

The provisions of any proposed instrument that is or has been the subject of public consultation (EP&A Act s4.15 (1)(a)(ii))

No draft environmental planning instruments apply to the proposal.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

(a) Holroyd Development Control Plan 2013

Holroyd Development Control Plan (HDCP) 2013 provides guidance for the design and operation of development to achieve the aims and objectives of HLEP 2013.

The following table highlights the DCP non-compliances. A comprehensive compliance table is provided at attachment 3.

No	Clause	Comment	Yes	No	N/A
PART A – GENERAL CONTROLS
3	Car Parking
3.1	Minimum Parking Spaces
3.1	1 per 4 children & 1 per two employees. For visitors - 70 /4 = 17.5 (18) For staff - 11/2 = 5.5 (6) Total Required: 24	22 spaces proposed. However, this includes visitor spaces in a tandem arrangement. Based on the number of children proposed by the applicant, there is a deficiency of 2 spaces. When the tandem visitor spaces are excluded, the deficiency is 5 spaces. With a total of 53 children (30 x 3-5, 15 x 2-3, and 8 x 0-2), the centre will require 8 staff and 4 staff parking spaces. For 53 children, 14 visitor parking spaces would be required, giving a total of 18 parking spaces. Conditions have been included in the draft determination to require the number of children to be reduced to 53, to ensure that there is adequate car parking available on site to meet the demand of the centre.
PART B – RESIDENTIAL CONTROLS
1	GENERAL RESIDENTIAL CONTROLS
2.3	Setbacks
	The front setback area shall be landscaped area except allowing for driveway and pathway leading to the dwelling.	Proposal involves conversion of front landscaped area to hardstand parking. As detailed above, the proposal (as amended) requires a minimum of 18 car parking spaces. There is no opportunity to provide these at the side or rear of the site. It is also considered impractical to provide basement parking in a situation where the existing heritage listed dwelling is to be retained.
PART H – HERITAGE AND CONSERVATION
2	Conservation and Development Works on Heritage Items
	*Landscaping and gardens*
	Significant gardens should be retained in any curtilage redevelopment.	The garden is mentioned in the statement of significance. However, a significant portion of the garden was converted to hardstand prior to the lodgement of the subject application. The proposal provides for transplanting of the existing Phoenix palms within the site which is considered satisfactory.
PART I – CHILDCARE CENTRES
1	Size and Density
C7	Child care centres should not be located having frontage to any road, which in the opinion of Council, is unsuitable for the establishment of a child care centre having regard to:- (a) prevailing traffic conditions; (b) pedestrian and traffic safety; and (c) the likely impact of development on the flow of traffic on the surrounding street system.	Hilltop Road is generally considered to be an unsuitable location for a child care centre in accordance with the Holroyd Development Control Plan 2013, however, subject to a reduction in the number of children as recommended, Council is satisfied that the centre will perform adequately in terms of traffic and safety impacts.
	The roads identified in Appendix 2 are also considered by Council to be generally unsuitable for the establishment of child care centres	Hilltop Road is listed as an unsuitable Collector or Local Road at Appendix 2. Council has granted consent for child care centres on other sites along Hilltop Road, and subject to compliance with the recommended conditions, the subject site is considered suitable for use as a child care centre.
2	Vehicular Access and Parking
	Separate entry and exit driveways shall be provided. The design of such driveways shall ensure that inbound and outbound vehicles are separated and that vehicles enter and leave the site in a forward direction.	The proposal does not provide for separate entry and exit driveways as required by the DCP. However, the provision of two separate driveways would result in a loss of landscaping and car parking spaces which would not be desirable in the circumstances.
5	Outdoor Spaces
	Transitional Areas a) A transitional area between the building and the play area supporting space for both indoor and outdoor activities is to be provided. It is space additionally required for the building and the playground and may only be included as either the outdoor or indoor space requirement, not both. It may comprise of a verandah; b) The roof area of the transitional area must be a minimum of 4 meters in width to ensure sufficient activity zones with access space around them;	a) A covered outdoor area is provided along the northern edge of the building b) the covered outdoor area is 3.6 m deep. The proposal involves adaptive re-use of the existing structure and as such a minor non-compliance with this control is considered supportable.
	Acoustic fences should not be higher than 2m. If a fence higher than 2m is unavoidable it must be contained within the development site with a 1.8m traditional lapped and capped boundary fence and the remaining height to be of thick, transparent perspex to ensure any views are maintained.	The proposal includes 2.1 m high boundary fencing to the northern and eastern boundaries. A 1.8 m high fence is shown for the western boundary. The acoustic report also recommends a secondary acoustic barrier be provided, set 1 m inside the northern property boundary. This barrier is to have an overall height of 3 m, incorporating a 1.8 m high vertical component and 1.2 m horizontal component. Controls for dwellings in Part B of the DCP allow for 2.1 m fencing in residential areas, and as such the proposed fencing is considered satisfactory.

There is no planning agreement or draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

Pursuant to clause 94, the measures to protect persons using a building to egress from the building, and to restrict the spread of fire from the building to other buildings nearby must be considered in the assessment of an application involving the rebuilding, alteration, enlargement or extension of an existing building.

The proposed internal alterations to the existing building engage clause 94 of the Regulation.

An access and BCA compliance report was submitted by the applicant, indicating that existing non-compliances with the relevant BCA requirements could be addressed with additional detail and minor design modifications.

Conditions are included in the draft determination to require the building to be brought into total conformity with the BCA. On this basis, the Panel can be satisfied that the measures contained in the building will be adequate to protect persons in the event of a fire, facilitate egress from the building, and restrict the spread of fire from the building to other buildings nearby.

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b))

The likely environmental, social and economic impacts in the locality have been assessed, and can be adequately minimised and managed through compliance with the draft conditions.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

The subject site is considered suitable for the proposed development, as modified by the conditions set out in the draft determination.

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

In accordance with Part E of Holroyd Development Control Plan 2013, the proposal was publicly notified for a period of 14 days between 10 July 2019 and 24 July 2019, and renotified from 1 October 2019 to 8 October 2019. As a result of the notification, 22 submissions were received, including a petition with 96 signatures. The issues raised in the submissions are discussed below.

Concern	Response
Impact on availability of parking for local shops	Subject to compliance with the recommended conditions, sufficient parking will be provided on site to meet the demand of the centre. This will ensure minimal impact on the local shops in terms of competition for parking spaces. It is noted that the existing on street parking spaces are subject to a 1/2 hour time limit to ensure turnover of those spaces.
Traffic congestion, and pollution impacts	Subject to compliance with the recommended conditions, the traffic generation rates associated with the proposal will be satisfactorily accommodated by the local road network.
Unsafe location – pedestrian fatalities and other accidents in the vicinity of the subject site	Council’s traffic crash data shows that there was one pedestrian fatality outside the subject site in May 2018, and a number of collision injuries in the vicinity of the site over the previous 5 years. Council’s traffic engineer has advised that collision incidents in the vicinity of a signalised intersection are not uncommon, and that pedestrian safety would not be comprised based on this development proposal including traffic and parking arrangements.
Unsafe driving · Drivers carry out U turns over double lines within Hilltop Road even though this is not permitted, impacting on safety of other road users. · Speeding traffic.	Conditions are included in the draft determination to require the design and construction of a median island within Hilltop Road. This will restrict right turn movements into and out of the site, thereby improving traffic safety in the vicinity. A condition is included in the draft determination to require an amended traffic report including recommendations for any traffic calming measures required to improve road safety in the vicinity of the subject site.
Size of centre (85 kids) inappropriate for the location	Council is recommending that the application be approved, subject to a condition to reduce the number of children in the centre to 53. This is considered to be an appropriately sized facility for the site, given the constraints in terms of parking, and the low density residential nature of the site.
Proposed development is for quick developer’s profits, not for the use of the community.	There is no requirement for public benefit to be provided in association with this form of development. The proposal is for a commercially operated child care centre which is a permissible form of development.
· Heritage impacts · Impact on heritage listed trees · Car park at front of site diminishes heritage value	The proposal involves limited changes to the existing heritage dwelling. The proposed works have been assessed by the applicant’s heritage consultant, and subject to compliance with the recommended conditions, Council is satisfied that the heritage impacts can be adequately managed. The proposal involves the retention and transplanting of the two existing phoenix palm trees within the site. The amended plans show the retention of the existing garden bed along the southern elevation of the front porch. These measures will minimise the impact of the proposed car park on the setting and significance of the item.
Pedestrian safety	The design of the vehicular and pedestrian access arrangements complies with the relevant Australian Standards and will not unreasonably impact on pedestrian safety. Pedestrians using the signalised intersection at the corner of Burnett Street to cross Hilltop Road will not be affected by the proposal.
Noise impacts on surrounding residences	The noise impacts of the proposed development were assessed by a suitably qualified acoustic consultant. Conditions are included in the draft determination to require implementation of the recommendations of the acoustic report. The acoustic impacts will also be reduced by limiting the number of children in the centre to 53.
Existing facilities have vacancies unnecessary, 3 child care centres on this road already	The State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 includes a number of non-discretionary development standards, including a specific clause stating that a child care centre can be located at any distance from an existing or proposed facility. Accordingly, the consent authority cannot refuse an application for a child care centre due to its proximity to other existing or proposed centres.
Birth rate is not increasing significantly	There are no planning controls or development standards that would require a consent authority to consider the birth rate of the local population in determining an application for a child care centre. Furthermore, the SEPP specifies that a DCP control is of no effect to the extent that it requires a demonstrated need or demand for child care services. The issue of whether additional child care facilities are required in the local area is considered to be a commercial decision for the developer/operator.
Insufficient on site parking	Conditions are included in the draft determination to require a reduction in the number of children to ensure compliance with the DCP parking rate.
Insufficient number of staff and staff parking spaces for the size of the centre	Council has calculated the number of full-time staff required to supervise 53 children in accordance with the Australian Children’s Education & Care Quality Authority. A minimum of 8 full time staff are required to supervise 53 children. In accordance with HDCP 2013, this results in a minimum of 4 off-street parking spaces. Subject to compliance with the recommended conditions, the development will satisfy this minimum requirement.
Inadequacies of the Traffic and Parking Impact Assessment	The Traffic and Parking Impact Assessment submitted with the DA sought to justify a non-compliance with the DCP parking rate, on the basis of comparison with other existing facilities and RMS data. As detailed above, Council is recommending that the application be approved, subject to a condition to ensure compliance with the DCP parking rate.
Inconsistency with objectives of the R2 – Low Density Residential zone	As detailed elsewhere in this report, the proposed development is permitted with consent in the zone, and is not inconsistent with the relevant zone objectives.
No notification site on the site	The application was notified in accordance with the requirements of Part E of HDCP 2013. This included a notice in the local paper, placement of a notice on the site, and letters to occupants and owners of properties adjoining and opposite the subject site.
Objection to child care centre + units at 14 Hilltop Road	DA 2018/416 for a mixed use development including ground floor child care centre at 14 Hilltop Road was approved by the CLPP on 12 June 2019.
Impact of waste storage location on adjacent dwelling	Condition included in draft determination to require enclosed waste storage area to be provided within the existing garage structure.

The public interest (EP&A Act s4.15(1)(e))

In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the draft determination, will not be contrary to the public interest.

Section 7.11 (Formerly S94) Contribution Towards Provision or Improvement of Amenities or Services

The proposed development does not attract the payment of development contributions.

Disclosure of Political Donations And Gifts

The application and notification process did not result in any disclosure of political donations or gifts.

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, SEPP (Education), HLEP 2013 and HDCP 2013 and is considered to be satisfactory, subject to conditions.

The proposal is consistent with all applicable development standards and, if the number of children is reduced, will comply with the DCP parking rate and outdoor area requirements of the SEPP. Subject to compliance with the recommended conditions, the proposal will have acceptable impacts in the locality.

Report Recommendation:

1. That DA 2019/227 be approved for alterations and fit out of an existing building to facilitate a 53 place centre based child care centre with 18 at grade parking spaces on land at 11 Hilltop Road Merrylands subject to the conditions provided in the draft determination.

2. That those persons who made a submission be notified of the determination.

Attachments

1. Child Care Planning Guideline 2017 Assessment

2. HLEP 2013 Compliance Table

3. HDCP 2013 Compliance Table

4. Architectural Plans

5. Draft Notice of Determination

6. Redacted Submissions

7. Statement of Heritage Impact

8. Revised Heritage Statement

ATTACHMENT 5
-Holroyd Local Environmental Plan (HLEP) 2013
Holroyd Local Environmental Plan 2013 Compliance Assessment
No.	Required/Permitted	Comment	Comply
Part 2 Permitted or prohibited development
	Zoning R2 Low Density Residential	The proposal meets the objective of the zone “to provide for the housing needs of the community within a low density residential environment”	Yes
	Permissible Uses/Development	‘Dual occupancies’ are permitted with consent in the R2 Zone	Yes
2.7	Demolition requires consent	Consent sought for demolition	Yes
Part 4 Principal development standards
4.1	Minimum subdivision lot size	However, complies with Clause 4.1A	No
4.1A	Exceptions to minimum lot sizes for certain residential development	Proposal is for the purpose of a dual occupancy development	Yes
4.3	Height of Buildings Max 9m	8.87m building height	Yes
4.4	Floor Space Ratio Max 0.5:1	Site Area: 615.9m2 FSR: 0.5:1 GFA: 307.9m²	Yes
4.6	Exceptions to Development Standards	N/A	N/A
Part 5 Miscellaneous provisions
5.10	Heritage	The development is not within the vicinity of a heritage item	N/A
Part 6 Additional local provisions
6.1	Acid Sulfate Soils	The site is not affected by potential acid sulfate soils.	N/A
6.4 & 6.7	Flood Planning and Stormwater Management	Flood levels and stormwater management is deemed satisfactory	Yes
6.5	Terrestrial Biodiversity	N/A	N/A
6.6	Riparian land and watercourses	N/A	N/A
6.8	Salinity	The site is located on lands identified as being affected by moderate salinity, conditions shall be imposed	Yes
6.9	Buffer between industrial and residential	The development is not in a buffer zone	N/A

Application lodged	28 June 2019
Applicant	DWELL DESIGNS AUSTRALIA
Owner	John Rahme & Belinda Rahme
Application No.	2019/254/1
Description of Land	43 Irrigation Road South Wentworthville (Lot 32, DP 27474)
Proposed Development	Demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots
Site Area	615.9m²
Zoning	R2 – Low Density Residential
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Issues	Relative of Councillor