Minutes of Cumberland Local Planning Panel Meeting

Cumberland Local Planning Panel Meeting

4 August 2022

Minutes of the Cumberland Local Planning Panel Meeting held at via Electronic Determination on Thursday 4 August 2022.

Present:

Elizabeth Kinkade (Chairperson), Wayne Carter, Dennis Loether and Irene Simms.

In Attendance:

Esra Calim, Harley Pearman, Michael Lawani, Jai Shankar and Lyndall Thompson.

The meeting opened at 10:30am

ACKNOWLEDGEMENT OF COUNTRY

Declarations Of Interest:

There were no declarations of interest.

APOLOGIES:

There were no apologies.

ITEM LPP038/22 - DEVELOPMENT APPLICATION - 15 NEIL STREET, MERRYLANDS

Summary:

Development Application 2021/0131 was referred to the Cumberland Local Planning Panel (the Panel) meeting on Wednesday 13 July 2022 for its determination and was deferred as follows.

1. That the Panel resolved to defer determination of the above application and requests the following information from the applicant:

i. A revised Clause 4.6 request that outlines how the proposed height variation is appropriate on environmental planning grounds.

ii. Updated plans and relevant elevation showing a revised location for the fire hydrant that is not in the REI zone. The new location for the fire hydrant should be appropriately integrated into the site layout and built form.

2. That the additional information be submitted to Council within 4 weeks of the date of these minutes being published and the matter may be determined by means of an electronic meeting by the Panel.

The applicant provided the information requested by the Panel and a supplementary report was prepared by Council officers. The Panel met electronically on Wednesday 4 August 2022 to consider and determine the application.

Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

PANEL DECISION:

1. That the applicants written request to contravene the development standard relating to building height as contained within Clause 4.3 of the Cumberland Local Environmental Plan 2021 is supported.

2. That Development Application No. DA2022/0131 for alterations and additions to an approved mixed use development including the provision of an additional 8 residential storeys accommodating an additional 30 residential apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development on land at 15 Neil Street Merrylands is approved subject to conditions (contained in Attachment A).

3. Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

4. That the Panel resolved to approve the Development Application, subject to Condition 3 being amended to remove “modification” and replace with “alteration and additions”.

Reasons for decision:

1. That the Panel is satisfied that the applicant’s initial and supplementary written request to contravene the Development Standard relating to building height as contained within Clause 4.3 of the Cumberland Local Environmental Plan 2021 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 zone.

2. The proposal is consistent with the objectives of the B6 Enterprise Corridor zone and in particular, will provide high density residential development as well as commercial development that will contribute to economic growth and employment within the Merrylands Town Centre.

3. The proposal is generally consistent with State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development.

4. The Panel has considered the matters raised in written submissions and has determined that these matters have either been adequately addressed in the design of the development or where not specifically addressed are not of such weight as to warrant refusal of the application.

5. Subject to the recommended conditions of consent, the proposal will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.

6. Taking into account the reasons above, approval of the application will be in the public interest.

7. The additional information provided by the applicant in response to the Panel’s decision of 13 July 2022 adequately addresses the issues raised.

8. The Panel notes the existing consents.

For: Elizabeth Kinkade (Chairperson), Wayne Carter, Dennis Loether and Irene Simms.

Against: Nil

The meeting terminated at 10:58am.

Signed:

Elizabeth Kinkade, Chairperson

ATTACHMENT A

Development Application
DRAFT CONDITIONS OF CONSENT

Under the Environmental Planning and Assessment Act, 1979

Application No:	DA2022/0131
Applicant:	HB & Sons Pty Ltd 70 Oxford Street GUILDFORD NSW 2161
Property Description:	15 Neil Street Merrylands Lot 1 DP 1225307
Development:	Alterations and additions to an approved mixed use development including the provision of an additional 8 residential storeys accommodating an additional 30 apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development.
Determined by:	IHAP or Independent Panel

CONDITIONS OF CONSENT

General Conditions

1. DAGCA01- General

This consent shall lapse five years after the date from which it operates unless building, engineering or construction work has physically commenced.

(Reason: Advisory)

2. DAGCA02 - Approved Plans and Supporting Documents

The development must be carried out in accordance with the following endorsed plans and documents, except as otherwise provided by the conditions of this consent.

Reference/Dwg No	Title/Description	Prepared By	Date/s
Drawing Number A01 Issue L	Basement Level 6 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A02 Issue K	Basement Level 5 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A03 Issue K	Basement Level 4 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A04 Issue K	Basement Level 3 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A05 Issue M	Basement Level 2 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A06 Issue O	Basement Level 1 Floor Plan	Architects Bererra	1/6/2022
Drawing Number A07 Issue R	Ground Floor Plan	Architects Bererra	14/7/2022
Drawing Number A08 Issue J	Level 1 Floor Plan	Architects Bererra	28/4/2022
Drawing Number A09 Issue H	Level 2 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A10 Issue I	Level 3 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A11 Issue H	Level 4 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A12 Issue H	Level 5 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A12A Issue H	Level 6 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A13 Issue H	Level 7 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A14 Issue H	Level 8 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A15 Issue H	Level 9 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A16 Issue H	Level 10 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A17 Issue H	Level 11 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A18 Issue I	Level 12 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A19 Issue I	Level 13 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A20 Issue I	Level 14 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A21 Issue I	Level 15 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A22 Issue H	Block A Roof Plan	Architects Bererra	13/5/2022
Drawing Number A23 Issue L	South Elevation	Architects Bererra	14/7/2022
Drawing Number A24 Issue J	North Elevation	Architects Bererra	10/5/2022
Drawing Number A25 Issue J	East Elevation	Architects Bererra	10/5/2022
Drawing Number A26 Issue J	West Elevation	Architects Bererra	10/5/2022
Drawing Number A27 Issue H	Section A-A	Architects Bererra	10/5/2022
Drawing Number A30 Issue B	Materials and Finishes	Architects Bererra	9/2/2022
Section A-A Issue H	Section A-A	Architects Bererra	10/5/2022
Drawing Number 0521.GD.01 Issue E	Landscape Plan Block A - Ground Floor	Greenland Design Landscape Architects	26/7/2022
Drawing Number 0521.GD.02 Issue E	Landscape Plan Block A - Roof	Greenland Design Landscape Architects	26/7/2022
Drawing Number 0521.GD.03 Issue E	Landscape Details and Specifications	Greenland Design Landscape Architects	26/7/2022
DWG No 000 Issue A	Cover Sheet Plan	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 101 Issue B	Stormwater Layout Plan Basement Level 6 Sheet 1 of 3	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 102 Issue A	Stormwater Layout Plan Basement Level 6 Sheet 2 of 3	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 102.1 Issue A	Stormwater Layout Plan Basement Level 6 Sheet 3 of 3	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 103 Issue B	Stormwater Layout Plan Basement Level 5	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 104 Issue B	Stormwater Layout Plan Basement Level 4	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 105 Issue B	Stormwater Layout Plan Basement Level 3	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 106 Issue B	Stormwater Layout Plan Basement Level 2	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 107 Issue B	Stormwater Layout Plan Basement Level 1	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 108 Issue C (Any written reference to a fire hydrant pump facing Dressler Court is deleted)	Stormwater Layout Plan Ground Level 1	Civil and Stormwater Engineering Services Pty Ltd	1/6/2022
DWG No 109 Issue A	On Site Detention Details and Calculations	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 110 Issue A	Catchment Plan and WSUD Results	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 111 Issue A	Sediment and Erosion Control Plan and Details	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 112 Issue A	Miscellaneous Details Sheet	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No A300 Rev C	Waste Management Basement	Architects Bererra	13/5/2022
DWG No A301 Rev C	Waste Management Ground Floor	Architects Bererra	13/5/2022
DWG No A302 Rev C	Waste Management Typical Floor	Architects Bererra	13/5/2022
DWG No A303 Rev C	Waste Management Details	Architects Bererra	13/5/2022
Number 1277513M	BASIX Certificate	Ecomaxhomes	14 February 2022
WG962-01F02(Rev1)	Pedestrian Wind Environment Statement	Windtech	April 21 2022
20E-22-0053-TRP-26627-0	DA Acoustic Assessment	VIPAC	3 March 2022
	Waste Management Plan	Architects Bererra	March 2022

(Reason: To confirm and clarify the details of the approval)

3. DAGCZ04 - Modification of Development Consent 2012/493/1

Development consent 2022/0131 related to 15 Neil Street Holroyd amends and changes various aspects of Development Consent 2012/493/1.

Pursuant to Section 4.17(1)(b) of the Environmental Planning and Assessment Act 1979, development consent 2012/493/1 related to 13 to 15 Neil Street must be modified in the following manner:

The following conditions of development consent 2012/493/1 related to 13 to 15 Neil Street are amended to read as follows:

Condition 2 is amended to read as follows:

Development shall take place in accordance with the following endorsed plans:

Architectural Plans Job No 2016 and prepared by Architex:

Drawing No	Issue	Date	Drawing No	Issue	Date
DA01	E	29/01/2015	DA12	E	29/01/2015
DA02	E	29/01/2015	DA13	E	29/01/2015
DA03	E	29/01/2015	DA14	E	29/01/2015
DA04	E	29/01/2015	DA15	E	29/01/2015
DA05	E	29/01/2015	DA16	E	29/01/2015
DA06	E	29/01/2015	DA17	E	29/01/2015
DA07	E	29/01/2015	DA18	E	29/01/2015
DA08	E	29/01/2015	DA19	E	29/01/2015
DA09	E	29/01/2015	DA22	E	29/01/2015
DA10	E	29/01/2015	DA23	E	29/01/2015
DA11	E	29/01/2015	DA24	E	29/01/2015

· Stormwater plans generally prepared in accordance with the following drawings, Job No. 12474 and prepared by Erbas:

Drawing NoIssueDateDrawing NoIssueDate
SW00	4	09/03/2015	SW06	5	09/03/2015
SW01	3	09/03/2015	SW07	4	09/03/2015
SW02	3	09/03/2015	SW08	4	09/03/2015
SW03	3	09/03/2015	SW09	5	09/03/2015
SW04	3	09/03/2015	SW10	1	09/03/2015
SW05	3	09/03/2015	SW11	1	09/03/2015

· Landscape plans prepared by Greenland Design Pty Ltd Drawing No. 0521.L.01 and 0521.L.02, Issue D, dated 6 March 2015;

· Waste Management Plan prepared by Architex dated 3 December 2012;

· Acoustic Report No. 20C-12-0263-TRP-267536-0, prepared by Vipac dated 10 December 2012;

· Schedule of External Colours and Finishes prepared by Architex;

· Amended BASIX Certificate to satisfy Condition 18 and generally prepared in accordance with BASIX Certificate No. 455994M dated 4 December 2012;

· Social Impact Comment prepared by Jo Manion & Associates, dated December 2012;

· Traffic and Parking Assessment Report, Ref No. 12442, prepared by Varga Traffic Planning dated 4 December 2012, and Traffic Parking Assessment Report, prepared by Varga Traffic Planning Pty Ltd, Ref No. 15031, dated 3 March 2015;

· Access and Compliance Report, prepared by PSE Access Consulting dated 5 December 2012;

· Arboricultural Impact Assessment report reference No. 8059, prepared by Redgum Horticultural dated 9 November 2012;

· Comments and conditions as imposed by Roads and Maritime Services in their concurrence letter, reference SYD13/00124/03, dated 7 August 2013 (copy attached); and comments and conditions as imposed by Roads and Maritime Services in their concurrence letter, reference SYD13/00124/04, dated 15April 2015 (copy attached).

· Comments and recommendations of NSW Police Force, Holroyd Local Area Command, Reference No. D/2013/00549 dated 2 May 2013 (copy attached);

· Erosion and Sediment Control Plan, prepared by Erbas, Job No. 12474, Drawing No. ES01, Issue 3 dated 9 March 2015;

· Demolition Plan prepared by Landform Surveys, Plan No. GNN413, dated 2 November 2011;

· Staged 2 Detailed Contamination Assessment & Remediation Action Plan, Report No. 12864/1-AA, prepared by Geotechnique Pty Ltd, dated 17 April 2013; and

· Subdivision Plans submitted to satisfy Condition 16.

As amended by the following plans approved by modification application 2012/493/3:

· Architectural Plans prepared by Becerra Architects, Dwg. No.’s A50 to A56 (inclusive) and A80 to A84 (inclusive) and A57 and A85, Issue A, dated 17 March 2016.

As amended by the following plans approved by modification application 2012/493/4:

· Architectural Plans prepared by Becerra Architects, Project No. 1524, Dwg. No.’s A05 and A21, Issue F, dated 25 July 2016, Dwg. No.’s A12, Issue E, dated 27 May 2016 and Dwg. No.’s A16 to A19 (inclusive), Issue E, dated 1 June 2016.

As amended by the following plans and documents approved for application 2012/493/5:

Architectural plans (listed below) prepared by Architects Becerra, Project Number 1524, listed below:

Drawing No	Drawing Title	Rev	Dated
A00	Drawing List and BASIX Commitments	G	4 October 2017
A02	Basement Level 3 Floor Plan	J	4 October 2017
A03	Basement Level 2 Floor Plan	I	4 October 2017
A04	Basement Level 1 Floor Plan	I	4 October 2017
A20	Section A-A	H	4 October 2017
A21	Section B-B	G	4 October 2017
A22	Section C-C	G	4 October 2017

Stormwater plans (listed below) prepared by Australian Consulting Engineers Pty Ltd, Job Number 120652, OSD Plan Number 2013-122, listed below:

DWG	Drawing Title	Rev	Dated
D00	Cover Sheet, Legend and Drawing Schedule	B	11 July 2016
D01	Basement Level 6 Stormwater Drainage Plan	B	4 November 2016
D02	Basement Level 5 Stormwater Drainage Plan	A	3 February 2016
D03	Basement Level 4 Stormwater Drainage Plan	E	28 November 2017
D04	Basement Level 3 Stormwater Drainage Plan	D	28 November 2017
D05	Basement Level 2 Stormwater Drainage Plan	C	11 July 2016
D06	Basement Level 1 Stormwater Drainage Plan	C	11 July 2016
D07	Basement Stormwater Drainage Details	E	28 November 2017
D08	Ground Level Stormwater Drainage Plan	C	18 September 2017
D09	Catchment Plan	A	27 April 2015
D10	Pipe Long Sections	A	23 September 2015
D11	OSD Plan and Sections Details OSD Calculation Sheet 1	C	11 July 2016
D12	OSD Plan and Sections Details OSD Calculation Sheet 2	D	18 September 2017
D13	Site Stormwater Drainage and GPT Details	C	11 July 2016
D14	Water Treatment Plan and Result	B	11 July 2016
D15	Erosion and Sediment Control Plan	B	11 July 2016
D16	Erosion and Sediment Control Plan Details	B	11 July 2016

As amended by the following plans approved by modification application 2012/493/8:

Staging Plan prepared by Architects Becerra, Project Number 1524, Drawing Number A35, Revision B, dated 25 September 2019.

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

As amended by the following plans approved by DA2022/0131 approved by the Panel

Reference/Dwg No	Title/Description	Prepared By	Date/s
Drawing Number A01 Issue L	Basement Level 6 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A02 Issue K	Basement Level 5 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A03 Issue K	Basement Level 4 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A04 Issue K	Basement Level 3 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A05 Issue M	Basement Level 2 Floor Plan	Architects Bererra	10/5/2022
Drawing Number A06 Issue O	Basement Level 1 Floor Plan	Architects Bererra	1/6/2022
Drawing Number A07 Issue R	Ground Floor Plan	Architects Bererra	14/7/2022
Drawing Number A08 Issue J	Level 1 Floor Plan	Architects Bererra	28/4/2022
Drawing Number A09 Issue H	Level 2 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A10 Issue I	Level 3 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A11 Issue H	Level 4 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A12 Issue H	Level 5 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A12A Issue H	Level 6 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A13 Issue H	Level 7 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A14 Issue H	Level 8 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A15 Issue H	Level 9 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A16 Issue H	Level 10 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A17 Issue H	Level 11 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A18 Issue I	Level 12 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A19 Issue I	Level 13 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A20 Issue I	Level 14 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A21 Issue I	Level 15 Floor Plan	Architects Bererra	14/1/2022
Drawing Number A22 Issue H	Block A Roof Plan	Architects Bererra	13/5/2022
Drawing Number A23 Issue L	South Elevation	Architects Bererra	14/7/2022
Drawing Number A24 Issue J	North Elevation	Architects Bererra	10/5/2022
Drawing Number A25 Issue J	East Elevation	Architects Bererra	10/5/2022
Drawing Number A26 Issue J	West Elevation	Architects Bererra	10/5/2022
Drawing Number A27 Issue H	Section A-A	Architects Bererra	10/5/2022
Drawing Number A30 Issue B	Materials and Finishes	Architects Bererra	9/2/2022
Section A-A Issue H	Section A-A	Architects Bererra	10/5/2022
Drawing Number 0521.GD.01 Issue E	Landscape Plan Block A - Ground Floor	Greenland Design Landscape Architects	26/7/2022
Drawing Number 0521.GD.02 Issue E	Landscape Plan Block A - Roof	Greenland Design Landscape Architects	26/7/2022
Drawing Number 0521.GD.03 Issue E	Landscape Details and Specifications	Greenland Design Landscape Architects	26/7/2022
DWG No 000 Issue A	Cover Sheet Plan	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 101 Issue B	Stormwater Layout Plan Basement Level 6 Sheet 1 of 3	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 102 Issue A	Stormwater Layout Plan Basement Level 6 Sheet 2 of 3	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 102.1 Issue A	Stormwater Layout Plan Basement Level 6 Sheet 3 of 3	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 103 Issue B	Stormwater Layout Plan Basement Level 5	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 104 Issue B	Stormwater Layout Plan Basement Level 4	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 105 Issue B	Stormwater Layout Plan Basement Level 3	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 106 Issue B	Stormwater Layout Plan Basement Level 2	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 107 Issue B	Stormwater Layout Plan Basement Level 1	Civil and Stormwater Engineering Services Pty Ltd	24/5/2022
DWG No 108 Issue C (Any written Any written reference to a fire hydrant pump facing Dressler Court is deleted).	Stormwater Layout Plan Ground Level 1	Civil and Stormwater Engineering Services Pty Ltd	1/6/2022
DWG No 109 Issue A	On Site Detention Details and Calculations	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 110 Issue A	Catchment Plan and WSUD Results	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 111 Issue A	Sediment and Erosion Control Plan and Details	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No 112 Issue A	Miscellaneous Details Sheet	Civil and Stormwater Engineering Services Pty Ltd	17/2/2022
DWG No A300 Rev C	Waste Management Basement	Architects Bererra	13/5/2022
DWG No A301 Rev C	Waste Management Ground Floor	Architects Bererra	13/5/2022
DWG No A302 Rev C	Waste Management Typical Floor	Architects Bererra	13/5/2022
DWG No A303 Rev C	Waste Management Details	Architects Bererra	13/5/2022
Number 1277513M	BASIX Certificate	Ecomaxhomes	14 February 2022
WG962-01F02(Rev1)	Pedestrian Wind Environment Statement	Windtech	April 21 2022
20E-22-0053-TRP-26627-0	DA Acoustic Assessment	VIPAC	3 March 2022
	Waste Management Plan	Architects Bererra	March 2022

Condition 37 is amended to read as follows

Acoustic Measures

Plans and/or specifications indicating how compliance with the recommendations outlined under Acoustic Consultant’s Noise Report, (referred in Condition 2 of this consent) will be achieved, are to be submitted to the Principal Certifying Authority.

For the development at 15 Neil Street:

Prior to the issue of a Construction Certificate, the construction drawings and construction methodology must be assessed and certified by a suitably qualified Acoustic Consultant to be in accordance with any requirements and recommendations of the approved acoustic report prepared by VIPAC Engineers and Scientists Limited with reference number 20E-22-0053-TRP-26627-0 dated 3 March 2022.

Note: Suitably qualified Acoustic Consultant means a consultant who holds a current member grade of the Australian Acoustics Society.

Condition 79C is amended to read as follows

Required Submissions to Certifying Authority

Amended Architectural plans shall be submitted to the Certifying Authority, prior to the issue of a Construction Certificate, which detail the following design changes applicable to Block B:

· A minimum of 63 resident parking spaces;

· A minimum of 12 accessible parking spaces allocated to residents of the accessible units;

· A minimum of 12 visitor parking spaces; and

· The parking spaces identified as V7 on Basement Level 1, R23 on Basement Level 2, and R55 & R57 on Basement Level 3, shall be changed to shared areas, to service the adjoining accessible parking spaces.

And

Off Street car parking for 15 Neil Street

No less than 91 car parking spaces are required to be provided on site as follows:

• Minimum of 60 and Maximum of 71 residential spaces.

• Minimum of 12 visitor spaces as shown on the plans.

• Minimum 6 and a maximum of 8 commercial spaces.

a) All car spaces shall be allocated and marked according to this requirement.

b) If the development is to be strata subdivided, the car park layout must reflect the above allocation and shall be part of the entitlement of that strata lot.

c) Each space shall have minimum dimensions in accordance with the relevant Australian Standard.

d) Visitor spaces shall only be used by persons visiting residents of the property or persons with a legitimate legal reason to be upon the land.

e) A sign shall be erected at the vehicular entrance indicating the availability of visitor parking. Such spaces shall be clearly marked.

Details are to be submitted to Council or Registered Certifier prior to the issue of a Construction Certificate showing compliance with this condition.

(Reason: To confirm and clarify the details of the approval)

4. DAGCA03 - Conditions Endeavour Energy

The following Endeavour Energy conditions shall be complied with.

a) The construction of any building or structure connected to or in close proximity to the electrical network must be properly earthed.

b) No activities shall occur in easements and minimum safety requirements must be adhered to.

c) The integrity of the nearby electricity infrastructure shall not be placed at risk by the carrying out of excavation work.

d) Electricity infrastructure should not be subject to flood inundation or stormwater runoff.

e) Electricity infrastructure shall be designed for safety and environmental compliance consistent with safe design lifecycle principles.

f) The applicant shall submit an appropriate application based on the maximum demand for electricity for connection of load to service the building.

g) Development should avert the possible risk to health from exposure to emissions from electricity infrastructure such as electric and magnetic fields (EMF) and noise.

h) Any building or structure must comply with the minimum safe distances / clearances for the applicable voltage/s of the overhead power lines.

i) Any required pad mount substation will need to be located within the property (in a suitable and accessible location) and be protected (including any associated cabling) by an easement and associated restrictions for fire rating and swimming pool or spa, benefiting and gifted to Endeavour Energy.

j) Additionally, satisfactory arrangements have been made for the connection of electricity and the design requirements for the substation, prior to the release of the Construction or Subdivision Certificate / commencement of works.

k) As the restriction for fire rating for the padmount substation (which usually extends 3 metres horizontally from the base of the substation footing / plinth and 6 metres vertically from the same point) affects the proposed building and the adjoining property, the applicant will need to provide Endeavour Energy with an engineer’s certificate for the proposed fire wall identifying that all the parts of the building within the fire rating zone and the adjoining property are either sheltered by the fire wall or meet the appropriate fire rating as per Endeavour Energy’s terms for the restriction.

l) As an alternative, Endeavour Energy’s Mains Design Instruction MDI 0028 ‘Underground distribution network design’ for certain types of urban multi residential load (UML) (mixed use) developments allows for the use of an indoor substations where a padmount substation is not practicably possible.

m) As the restriction for fire rating for the padmount substation (which usually extends 3 metres horizontally from the base of the substation footing / plinth and 6 metres vertically from the same point) affects the proposed building and the adjoining property, the applicant will need to provide Endeavour Energy with an engineer’s certificate for the proposed fire wall identifying that all the parts of the building within the fire rating zone and the adjoining property are either sheltered by the fire wall or meet the appropriate fire rating as per Endeavour Energy’s terms for the restriction.

n) The applicant shall engage an Accredited Service Provider (ASP) of an appropriate level and class of accreditation to assess the electricity load and the proposed method of supply for the development.

o) Any planting situated close to the substation must achieve Endeavours Energy vegetation management requirements.

p) Screening vegetation around a padmount substation should comprise vegetation growing a minimum distance of 800mm plus half of the mature canopy width from the substation easement and have shallow / non-invasive roots. This is to avoid trees growing over the easement as falling branches may damage the cubicle and tree roots the underground cables. All vegetation is to be maintained in such a manner that it will allow unrestricted access by electrical workers to the substation easement all times.

(Reason: Statutory compliance.)

5. DAGCD04 - Vehicle Washing

(a) Washing of vehicles must be conducted inside a roofed and bunded designated vehicle wash bay as indicated on the approved plans to exclude rainwater. This area is to be suitably designed and located to ensure all wastewater is appropriately discharged to the sewer, in accordance with a Trade Waste Agreement with Sydney Water. This may require the installation of a pre-treatment device.

(b) The means of disposal shall comply with:

i. EPA's Environment Protection Manual for Authorised Officers: Technical Section (Car Washing Waste)

ii. EPA's Managing Urban Stormwater: treatment techniques

i. 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.

ii. 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.

iii. Must not under any circumstances allow spillages and wastewater to be discharged to the stormwater system or surrounding environment.

Must not under any circumstances allow degreasing, engine washing or mechanical work to be undertaken in the vehicle wash bay, unless explicitly permitted under the trade waste agreement with Sydney Water.

(Reason: To protect the environment)

6. DAGCZ01 - Surface Runoff

Allowances shall be made for surface runoff from adjacent properties, and to retain existing surface flow path systems through the site. Any redirection or treatment of these flows shall not adversely affect any other property.

(Reason: to prevent adverse impact on adjoining properties.)

7. DAGCZ02 - Sediment Control

Temporary measures shall be provided in accordance with the NSW Department of Housing, Managing Urban Stormwater, Soils and Construction Manual dated March 2004 and regularly maintained during demolition, excavation and construction to prevent sediment and polluted waters discharging from the site.

(Reason: to ensure sediment and erosion controls are maintained during the construction process to prevent water pollution from occurring.)

Conditions which must be satisfied prior to the issue of a Construction Certificate

8. DACCA01 - Amendments to Approved Plans

Amended plans/documents shall be submitted to the Council or Registered Certifier prior to the issue of a Construction Certificate addressing the following matters:

a) The removal of that part of the awning facing Neil Street that crosses over into the public domain. The remainder of the awning within the property boundary may remain as per the approved plans.

(Reason: To confirm and clarify the terms of Council’s approval)

9. DACCA02 - Application for a Construction Certificate

Construction work must not commence until a Construction Certificate has been obtained from Council or a Registered Certifier.

(Reason: Statutory requirement)

10. DACCA03 - Disabled Access & Facilities

Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the National Construction Code (for all new building work) and in addition, with the relevant requirements of the ‘Disability (Access to Premises - Building) Standards 2010’. Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans/specifications submitted with the construction certificate application.

(Reason: To ensure compliance with the requirements of the National Construction Code)

11. DACCB02 -Payment of Bonds, Fees and Long Service Levy

The Council or Registered Certifier is to ensure and obtain written proof prior to the issue of a Construction Certificate that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes payment of a long service levy as required under part 5 of the Building and Construction Industry Long Service Payments Act 1986.

(Reason: To ensure that the applicable bonds, fees and levies are paid)

12. DACCB04 - Section 7.12 Contribution

Prior to the issue of a Construction Certificate, a monetary contribution imposed under Section 7.12 of the Environmental Planning and Assessment Act 1979 and Cumberland Local Infrastructure Contributions Plan 2020 is to be paid to Council. The amount of the contribution is calculated at $826,479.80. A copy of the Cumberland Local Infrastructure Contributions Plan 2020 can be viewed on Council’s website

(Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new developments)

13. DACCB05 - Fees to be paid to Council

Types of fees	Amount	Payment timing
Sect. 7.12 Contributions	$826,479.80 + CPI	Prior to issue of CC

Payment of the above fees shall be paid to Council in accordance with timing stipulated above. Please note that other fees and charges may be applicable to the proposal, and the total fees calculated at the time of payment may exceed the figures detailed above. Further, fees to be paid to Council will be determined at the time of payment in accordance with Council’s current adopted Fees and Charges Policy and therefore may exceed the fee amount quoted above.

(Reason: Statutory requirement and information)

14. DACCC02 - Protection of Public Places

The adjoining or adjacent public area is not to be obstructed by any materials, vehicles, refuse skips and the like under any circumstances unless approved in writing by Council.

If the work involved in the demolition or construction of a building is likely to disrupt or obstruct pedestrian or vehicular traffic in a public place, or the building involves the closure of a public place, a barrier, fence or hoarding shall be erected prior to the commencement of any work subject to approval of a Traffic Management Plan by Council.

15. DACCC03 - Submission of Plans for Works within the Road Reserve

The applicant shall submit to Council three (3) copies and an electronic copy of the Civil Engineering drawings for the design of all works within the road reserve required adjacent to 15 Neil Street Merrylands including long and cross sections, details of proposed structures, ancillaries (e.g. footpaths, signage etc.) and specifications.

The drawings must be approved by Council in writing and all fees and charges.

Such design shall be:

a) Prepared and submitted in electronic format, undertaken by a consulting Civil Engineer,

b) Approved in writing by Council under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate, and

c) All Civil Engineering works is to be fully supervised by Council. A maintenance period of six (6) months or as specified by Council shall apply to the work after it has been completed and approved. In that period the Applicant shall be liable for any part of the work which fails to perform in the manner outlined in Council’s specifications, or as would reasonably be expected under the design conditions, and

d) Upon completion of the works, the Applicant is to provide to Council two (2) copies of “work as executed plans”. The plans are to show relevant dimensions and finished levels and are to be certified by a registered surveyor. Also the Applicant is to provide to Council, in an approved format, details of all public infrastructure created as part of the works, including certification from the Design Engineer.

Note: Driveway construction will require a separate approval vehicular crossing and road works.

(Reason: To ensure compliance of engineering works/Council assets are constructed to acceptable standards for engineering works.)

16. DACCC05 - Hoardings

A separate Hoarding approval for the erection of a Class A (fence type) or Class B (overhead type) hoarding along the street frontage(s) must be obtained from Council. The relevant application form shall be submitted to Council with a footpath occupancy fee based on the area of footpath to be occupied according to Council's Schedule of Fees and Charges, and the application shall be approved before the commencement of work.

(Reason: Safety & information)

17. DACCC06 - Separate Approval for Works in the Public Road (External Works) - Section 138 Roads Act

In accordance with Section 138 of the Roads Act 1993 and prior to the issue of any Construction Certificate, the applicant must submit a Road and Footpath Opening Permit application that is accompanied by detailed plans. Written approval must be obtained from the appropriate road authority under the Roads Act 1993 for any works in the road reserve prior to the commencement of works.

Where the work is likely to have an impact on the operation of an arterial road then a Road Occupancy Licence must be obtained from the relevant road authority. The application should be lodged at least 10 days prior to the planned commencement date.

(Reason: Protection of Public Assets and information)

18. DACCE03 - Construction Traffic Management Plan (CTMP)

Prior to the issue of any Construction Certificate, the applicant shall submit and have approved by Council, a detailed construction Traffic Management Plan (TMP). The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition, excavation and construction phase of the development. The plan shall be certified by a suitably qualified and experienced traffic consultant and all traffic associated with the subject development shall comply with the terms of the approved Construction Traffic Management Plan.

The following matters (at a minimum) must be addressed in the TMP:

a) A detailed description and route map of the proposed truck/construction vehicle access routes.

b) The locations of any proposed Construction Works Zones along the site frontage.

c) Provide a construction schedule.

d) Tradesperson parking (parking shall be provided on-site where possible).

e) Provide relevant Traffic Control Plans (must be certified by a suitably qualified RMS ticket holder).

f) Provide relevant Pedestrian Management Plans.

g) A site plan which indicates site entrances and exits, turning areas within the site for construction and spoil removal vehicles allowing a forward ingress and egress for all construction vehicles on the site (superimposed truck swept path diagrams). Site entrances and exits shall be controlled by a certified traffic controller.

(Reason: Traffic safety and amenity during construction phase)

19. DACCG09 - Speed Hump and Stop Sign on Exit

The applicant shall install a stop sign and a speed hump at the exit from the site. The stop sign must be accompanied by the associated line marking and the speed hump shall be set back by 1.5 metres from the boundary alignment. The devices shall be designed and constructed in accordance with the provision of Australian/New Zealand Standards AS/NZS 2890/1:2004. The building plans shall indicate compliance with this requirement prior to the issue of a Construction certificate.

(Reason: Traffic safety and management)

20. DACCG11 - Stop Signs

Appropriate sign(s) shall be provided and maintained within the site at the point(s) of vehicular egress to signal all vehicles to stop before proceeding onto any public road.

(Reason: Adequate access and egress)

21. DACCJ01 - Detailed Stormwater Drainage System Design

Prior to the issue of the Construction Certificate, a detailed stormwater drainage plan for the safe disposal of stormwater from the site shall be prepared in accordance with Council’s Development Control Plan and relevant policies. The plan shall be submitted and approved by the Council or Registered Certifier.

Should any changes be required to the approved stormwater drainage plan, the amended design shall achieve equivalent performance standards in accordance with Council's Development Control Plan and relevant policies.

Please note that where the proposed design extends within the public road area, separate approval under section 138 of the Roads Act 1993 must be obtained from Council prior to the commencement of works.

(Reason: Stormwater management)

22. DACCJ03 - Certification of the Stormwater Drainage System Design

The proposed stormwater design shall be certified by a suitably qualified person, in accordance with Council’s Development Control Plan and relevant policies and shall be submitted to the Council or Registered Certifier prior to the issue of the Construction Certificate.

Certification of the proposed stormwater design shall be obtained from a qualified practising professional engineer with the Engineers Australia membership and shall be submitted to the Council or Registered Certifier prior to the issue of the Construction Certificate.

(Reason: Adequate stormwater management)

23. DACCJ04 - Construction or Redirection of a Stormwater Drainage System

No line of natural drainage or any stormwater drainage channel, pipeline, pit or any other drainage infrastructure shall be filled in, relocated, diverted or otherwise interfered with, except by the construction of an overland flow path, pit, pipeline of a specific size, material and location, approved by Council.

Where consent is granted for the changes to a drainage line or system, Engineering Plans in accordance with Council’s Development Control Plan and relevant policies shall be submitted with the Construction Certificate application.

(Reason: Protection of existing drainage infrastructure)

24. DACCL05 - Compliance with Acoustic Report

Note: Suitably qualified Acoustic Consultant means a consultant who holds a current member grade of the Australian Acoustics Society.

(Reason: To ensure appropriate noise attenuation measures are used)

25. DACCZ01 - Approval for works within the public reserve

Written approval shall be obtained from Council for the proposed works within Council’s public reserve (Lot 3 in DP 1225307).

The written verification shall be submitted to and approved by Principal Certifying Authority.

(Reason: to ensure appropriate approval is obtained for the works.)

26. DACCZ02 - Certification for design works under the public reserve

The design shall ensure that the terms of the restriction on the title are complied with.

The design shall ensure that any water, drainage, seepage, overflow or other water flows from the benefitted lot (Lot 3 in DP 1225307) into any structures erected on the burdened lot (Lot 1 in DP 1225307 and Pt Lot 1).

Written verification from suitably qualified engineer for the compliance of above shall be submitted to and approved by the Principal Certifying Authority.

(Reason: to ensure design complies with the restriction on the title.)

27. DACCZ03 - Hydraulic engineers design certification

A written verification from suitably qualified hydraulic engineer shall be obtained, stating that:

a) Construction certificate plans comply with the flood advice letter and Council’s Flood Risk Management Policy.

Note: Flood advice letter shall be obtained from Council. A separate application is required for a flood advice letter.

b) All the boundary fencing within flood affected area shall be in accordance with Council’s standard detail SD8025.

c) A flood evacuation plan has been prepared part of the flood risk management plan.

d) The development has no adverse impact on flood levels and/or adjoining properties.

The written verification shall be submitted to and approved by the Principal Certifying Authority

(Reason: to ensure construction plans comply with the flood report.)

28. DACCZ04 - Connection to Council’s stormwater system - Design

Detailed design for the proposed connection to existing Council’s stormwater pit/pipe shall be submitted and approved by Cumberland City Council. In this regard:

a) Longitudinal section of the proposed stormwater outlet and connection details within the easement, showing the depth and location of all the services within the area of the proposed works shall be submitted.

b) Depth of the Council pipe shall be verified and annotated on the plan.

(Reason: to ensure Council’s assets are designed to Council’s requirements.)

29. DACCZ05 - Stormwater Disposal

Stormwater runoff generated from the development shall be directed to the onsite detention system prior to being discharged by gravity system as per approved plans. In this regard:

a) The proposed stormwater system shall be generally in accordance with the stormwater concept plans 000 Issue A dated 17. 02. 2022, 101 issue B dated 24. 05. 2022, 102 & 102.1 issue A dated 17. 02. 2022, 103 to 107 issue B dated 24. 05. 2022, 108 issue C dated 01. 06. 2022, and 109 to 112 issue A dated 17. 02. 2022 prepared by Civil & Stormwater Engineering Services Pty Ltd.

b) 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 and Council’s DCP shall be submitted to the certifying authority prior to the issue of a construction certificate. The following shall also be addressed:

i. Grated drains shall be provided directly behind the flap as per Council’s standard Drawings.

ii. Onsite stormwater detention shall be clear of existing drainage easement.

iii. Backflow prevention shall be provided within the site.

iv. Water quality targets in Section 2.5 table 5, Part G of the Cumberland DCP shall be achieved. Detail Music model results showing the compliance of the above requirement shall be submitted.

v. Stormwater runoff from the manoeuvring area including access ways will have to undergo some form of industrial standard primary treatment/separation prior to disposal into existing stormwater systems. In this regard, stormwater treatment device capable of removing litter, oil, grease, and sediment shall be provided prior to discharge to the stormwater system.

(Reason: to prevent localised flooding)

30. DACCZ06 - Parking Layout

Parking lay out shall comply with Australian standard AS2890.1 and AS2890.6. In this regard detail plan showing all necessary dimension shall be submitted to and approved by the Principal Certifying Authority.

Copy of the approved plan shall be submitted to Council.

(Reason: to ensure Parking layouts comply with Australian Standard AS28890.1:2004.)

31. DACCZ07 - Driveway ramp design

Gradient of the access driveway within the site shall comply with section 2.5.3 of the Australian Standard AS2890.1:2004. Driveway/ramp grades and transitions shall comply with Australian standard AS2890.1. In this regard detail longitudinal section along ramp to a scale shall be submitted to and approved by the Principal Certifying Authority. Following matter shall also be addressed:

a) Circular ramp internal radius shall be minimum 4.0m as per the Australian standard AS2890.1. Details shall be updated and annotated on the plans.

b) A compliance certificate shall be obtained from suitably qualified engineer for the access ramp, circulation roadway, and parking module design.

Copy of the approved plan and engineer’s certification shall be submitted to Council.

(Reason: to ensure the parking module and access ramps comply with Australian Standard AS28890.1:2004.)

32. DACCZ08 - Swept path analysis

A B99 and B85 cars should be able to simultaneously pass each other along the circular and straight access ramps. In this regard:

a) Detail swept path analysis showing the compliance of above requirement shall be submitted to and approved by Principal Certifying Authority.

b) Separation of lanes shall be provided in circular access ramps.

(Reason: to ensure the access ramps comply with Australian Standard AS28890.1:2004.)

33. DACCZ09 - Headroom clearance

Headroom clearance shall comply with section 5.3 of the Australian Standard AS2890.1:2004. In accordance with AS2890.1:2004 minimum 2.2m headroom clearance shall be provided.

Headroom clearance within accessible parking shall be minimum 2500mm to comply with AS2890.6 requirements. Headroom shall be measured clear of any beams and service ducts.

Sectional plans to comply with these headroom requirements showing all beams and service ducts shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.

(Reason: to ensure the access ramps comply with Australian Standards AS2890.1 and AS2890.6.)

34. DACCZ10 - Basement drainage system

Basement drainage is to comply with Council’s development control plans. In this regard:

i) Two pump units being installed, the capacity of each being calculated on the basis of a hundred year storm recurrence interval and a storm duration of 5 (five) minutes, one pump acting in reserve capacity.

ii) The two pumps being designed to work on an alternate basis to ensure that both pumps receive equal usage and neither pump remains continuously idle.

iii) A holding well being provided within the basement, of sufficient capacity to store the discharge based on a hundred year storm recurrence interval and storm duration of (90) ninety minutes. In addition to this an above ground storage shall be provided up to a hundred year storm recurrence interval and storm duration of twelve (12) hours. The holding well is to be designed so that a minimum volume of water is retained in the well for health reasons when the pumps are in the “off” position or if there is a break in electrical supply.

iv) A storm of two hours’ duration has been adopted as a basis for determining the size of the well, the assumption being that electrical supply will be reinstated within this period.

v) The pump out system is to be independent of any gravity drainage lines, except at the property boundary where a grated surface pit is to be constructed from which a connection will be permitted to the gravity drainage system. The invert levels of the pipes in the grated surface pit are to be such that the outlet from the pump out system is above the inlet of the gravity system.

vi) Storage areas and areas used for purposes other than car parking or access aisles are to be constructed a minimum of 100mm above the top water level.

vii) The contributing catchment area to the pump out system is to be limited to the access ramp area only and subsoil drainage.

(Reason: to prevent localised flooding.)

Conditions which must be satisfied prior to the commencement of any development work

35. DAPCA03 - Site Safety Fencing

Site fencing to a minimum height of 1.8m shall be erected before the commencement of any work and be maintained throughout the duration of works to exclude public access to the site.

(Reasons: Statutory requirement and health and safety)

36. DAPCA04 - Principal Certifier Sign

Prior to commencement of any work, signage must be erected in a prominent position on the work site that:

· shows the name, address and telephone number of the Principal Certifier;

· shows the name and address of the principal contractor (if any) and a telephone number on which that person may be contacted outside of work hours.

· stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained whilst ever the work is being carried out and must be removed when the work has been completed.

(Reason: Statutory requirement)

37. DAPCA05 - Sydney Water Tap in Approvals

The approved plans must be submitted through the Sydney Water ‘Tap in’ portal to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Sydney Water ‘Tap in’ customers will receive an approval receipt. For further details please refer to Sydney Water’s web site at www.sydneywater.com.au/tapin or call1300 082 746.

The Principal Certifier must ensure that the plans have been approved through the Sydney Water ‘Tap in’ process and an approval receipt is issued prior to the commencement of works.

(Reason: Statutory requirement)

38. DAPCZ01 - Appointment of Principal Certifier

No work shall commence in connection with this Development Consent until:

a) A construction certificate for the building work has been obtained from a Certifier.

b) the person having the benefit of the development consent has:

(i) appointed a principal certifier for the building work, and

(ii) given at least 2 days’ notice to the Council, and the principal certifier if not the Council, of the person's intention to commence the erection of the building, and

c) The principal certifier has, no later than 2 days before the building work commences:

(i) notified the Council of his or her appointment, and

(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

d) The person carrying out the building work has notified the principal certifier that the person will carry out the building work as an owner-builder, if that is the case

e) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and

(ii) notified the principal certifier of such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(Reason: Statutory requirements.)

39. DAPCZ02 - Drainage construction Council’s drainage within the subject site

Connection to Council’s pipe drainage system shall be completed to Council’s satisfaction at no cost to Council. In this regard:

a) A separate construction approval shall be obtained from Council’s Engineering Section.

b) Council’s inspections will be required for the works related to the proposed connection to Council’s stormwater drainage system at following stages:

i) After the excavation of culvert/pipeline trenches.

ii) After the laying of all culvert/pipes prior to backfilling.

iii) After the formwork for pits prior to pouring concrete.

iv) 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 Engineering 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.)

Conditions which must be satisfied during any development work

40. DADWA01 - Construction Hours

Construction and all related activities including the delivery of materials to the site may only take place between the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. No work is to occur on Sundays and public holidays.

Where the development involves the use of jackhammers / rock breakers and the like or other heavy machinery, such equipment may only be used between the hours of 7.00am and 6.00pm Monday to Friday, excluding public holidays.

Note: Construction hours may also be regulated through State Legislation and Policies, and any works need to comply with these requirements.

(Reason: To minimise impacts on neighbouring properties)

41. DADWA06 - Stamped Plans

Stamped plans, specifications, documentation and the consent shall be available on site at all times during construction.

(Reason: To ensure compliance with approved plans)

42. DADWA20 - Road and Footpath Opening Permit

Section 138 of the Roads Act 1993 provides that a person must not carry out a work in, on or over a public road (which includes the verge / footpath area); dig up or disturb the surface; remove or interfere with a structure, work or tree on a public road; or pump water into a road without the consent or the appropriate roads authority Should such work be required within a road for which Council is the roads authority, the applicant is to apply for Road and Footpath Opening Permit. A permit is to be obtained prior to any works within the public road taking place.

Road and Footpath Opening Permits do not include driveways, laybacks and major stormwater drainage construction, which are covered by a separate application process.

(Reason: Maintain public asset)

43. DADWC01 - Obstruction of Road or Footpath

The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved by Council.

(Reason: Protection of infrastructure, safety & information)

44. DADWC02 - Compliance with the National Construction Code

All building work must be carried out in accordance with the provisions of the National Construction Code (NCC).

(Reason: Prescribed statutory control)

Conditions which must be satisfied prior to the issue of any Occupation Certificate relating to the use of the building or part

45. DAOCA01 - Occupation Certificate (section 6.9 of the Act)

A person must not commence occupation or use of the whole or any part of a new building or change the use of the whole building or any part of an existing building, unless an Occupation Certificate has been issued in relation to the building or part.

The Principal Certifier is required to be satisfied, amongst other things, that:

a) All required inspections (including each applicable mandatory critical stage inspection) have been carried out; and

b) Any preconditions to the issue of the certificate required by a development consent have been met.

Note: A new building includes an altered portion of, or an extension to, an existing building.

(Reason: Statutory requirement)

46. DAOCA03 - S73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained prior to the issue of the Occupation Certificate. Application must be made through Sydney Water or an authorised Water Servicing Coordinator (WSC). An assessment will be made to determine the availability of water and sewer services, which may require extension, adjustment or connection to Sydney Water mains. Please refer to Sydney Water's website to learn more about applying through an authorised WSC or Sydney Water.

(Reason: To meet Sydney Water’s requirements to adequately service the new subdivision with water, wastewater and stormwater facilities).

47. DAOCA04 - Engineers Certificate

A Structural Engineer’s certificate from the supervising structural engineer responsible for the design shall be submitted to the Principle Certifier. This certificate 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 standards/codes.

(Reason: Structural certification)

48. DAOCA05 - Height

The maximum height of the proposed development shall be A.H.D 72 metres. A survey report is to be provided to the Principal Certifier prior to the issue of any occupation certificate confirming that the building does not exceed this height.

(Reason: To ensure that the structure as built does not exceed the approved height.)

49. DAOCA08 - Certification of Engineering Works

Prior to occupation, the following documents must be submitted to the Accredited Certifier.

a) A Certificate from a Chartered Professional Engineer with Institution of Engineers, Australia Corporate Membership and registered on the National Engineers Register (NER) under the appropriate professional category,

b) The as built On-Site Detention (OSD) storage volumes are to be presented in a tabular form (depth verses volume table

c) OSD Works-As-Executed dimensions form (refer to UPRCT Handbook).

d) Certificate of Hydraulic Compliance from a qualified drainage / hydraulic engineer (refer to UPRCT Handbook).

e) Approved verses installed Drainage Design (OSD) Calculation Sheet. And

f) “Work - As - Executed” drawings of the engineering works prepared by a Registered Surveyor or equivalent.

The abovementioned Certificate is to certify that:

(i) the stormwater drainage system, and/or

(ii) the car parking arrangement and area including circulating ramps, and/or

(iii) any related footpath works, and/or

(iv) the basement mechanical pump and well system, and/or

(v) the proposed driveway and layback, and/or

(vi) other civil works have been constructed in accordance with the Council approved plans and details and satisfies the design intent and complies with the appropriate SAA Codes relevant Standards and Council’s Policies and Specifications.

Where Council is not the Principal Certifier, copies of the above documents are to be provided to Council prior to the issue of any Occupation Certificate.

The above requirement shall be submitted to and approved by Council prior to Council endorse the Positive Covenant documents.

(Reason: Asset management.)

50. DAOCA11 - Civil Works on the Footway

The following works are to be carried out at the applicant’s expense and to Council’s satisfaction prior to the issue of any occupation certificate:

a) Reconstruct sections of cracked or defective footpath along the full frontage of the site, and/or

b) Reconstruct existing public drainage pit/pipe system, and/or

c) Construct a new vehicular crossing, and/or

d) Remove any redundant vehicular crossings and replace with kerb and gutter to match the adjoining.

Where the Applicant nominates Council to undertake the civil and stormwater works, they must contact Council in order to obtain an estimated cost for construction and contract to undertake the works.

(Reason: To preserve Council’s assets and amenity)

51. DAOCA12 - Construction of Concrete Footpath

A concrete footpath shall be constructed adjacent to the front and side of the property as per Council’s requirements at no cost to Council.

Footpath surface treatment and paving details shall comply with relevant Council’s standards. Details shall be obtained from Council Engineering Section.

Full width footpath shall be provided in Neil Street.

The above works must be constructed prior to the release of any Occupation Certificate.

Note: The above works will require the submission of the relevant application for the works to be undertaken.

(Reason: To preserve Council’s assets and amenity.)

52. DAOCB04 - Acoustic Verification Report

Prior to the issue of the Occupation Certificate, a suitably qualified acoustic consultant* must prepare an acoustic verification report to the satisfaction of the Principal Certifier that confirms the following:

a) All recommendations contained in the DA acoustic report prepared by VIPAC Engineers and Scientists Limited, Reference number 20E-22-0053-TRP-26627-0 and dated 3 March 2022 have been implemented, and

b) The project specific noise criteria established in the DA acoustic report and any other noise and vibration criteria specified in this consent are being complied with.

*Note: Suitably qualified Acoustic Consultant being a consultant who holds a current member grade of the Australian Acoustical Society.

(Reason: To protect residential amenity)

53. DAOCD01 - Fire Safety Certificate

A final Fire Safety Certificate shall be obtained in accordance with Part 11 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, prior to the issue of the Occupation Certificate for the building.

A copy of the Fire Safety Certificate and fire safety schedule shall be:

1) Forwarded to the Commissioner of the New South Wales Fire Brigade; and

2) Prominently displayed in the building.

(Reason: Fire safety)

54. DAOCH02 - Covenant & Restriction as to User for Stormwater Controlled Systems

Prior to the issue of an Occupation Certificate, a positive covenant and/or a restriction as to user shall be created under section 88B and/or section 88E of the Conveyancing Act 1919 to the satisfaction of Council for requiring the ongoing retention, maintenance and operation of the stormwater system inclusive of any on-site stormwater detention, together with any related compensatory flood storage, overland flowpath, pollution control device, mechanical pump-out system or charged line system. Council shall be identified as the authority with power to release, vary or modify the covenant / restriction.

(Reason: Compliance and adequate maintenance of drainage system.)

55. DAOCH03 - OSD Identification Plate

Prior to the issue of an Occupation Certificate, the applicant shall install an identification plate near or on the control structure of the on-site stormwater detention (OSD) system that advises the registered proprietor of their responsibility to maintain the OSD facility and to not tamper with it in any manner without the written consent of Council. The wording and plate shall be in accordance with Council’s requirements.

(Reason: To promote the ongoing maintenance of the OSD system)

56. DAOCZ01 - Compliance with previous development consent

All other conditions attached to the following development consent Number 2012/493/1 shall be complied with during the excavation and construction phase.

(Reason: To ensure all conditions attached to the previous development consent are complied with)

57. DAOCZ02 - Hydraulic engineers flood certification

A written verification from suitably qualified hydraulic engineer shall be obtained, stating that:

a) Development complies with Council’s flood advice letter and Flood Risk Management Policy.

b) The development has no adverse impact on flood levels and/or adjoining properties.

c) A flood evacuation plan has been prepared part of the flood risk management plan.

d) All the boundary fencing within flood affected area shall be in accordance with Council’s standard detail SD8025.

The written verification shall be submitted to and approved by Principal Certifying Authority.

(Reason: to ensure construction comply with the flood study.)

58. DAOCZ03 - Structural engineers certificate

The applicant shall submit a structural engineer’s certificate of adequacy verifying that the works as detailed on the approved plans for the storage tank have been completed under his/her supervision and that the design is adequate to support the anticipated design loads. The certificate shall be submitted to Council with the works-as-executed plan.

(Reason: to ensure the construction is structurally adequate.)

59. DAOCZ04 - Maintenance Schedule

Prior to the issue of the occupation certificate, a maintenance schedule of the proposed on-site detention facility shall be submitted to Council for approval with the stormwater work-as executed plan. This maintenance schedule shall be registered as part of the positive covenant.

(Reason: to ensure the onsite detention facility is in good working order.)

60. DAOCZ05 - Annual maintenance inspection of OSD

Annual maintenance inspection summary of the onsite detention with associated certificates shall be sent to Council within the first month of every calendar year. In this regard:

• All critical inspections shall be carried out by a qualified person.

• A maintenance logbook shall be maintained as per the approved maintenance schedule on site and readily available for inspection by a Council officer.

• All associated cost shall be borne by the owner.

(Reason: to ensure the onsite detention facility is in good working order.)

Conditions which must be satisfied prior to the issue of any Subdivision Certificate

61. DASCA05 - Section 73 Compliance Certificate from Sydney Water

A section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained prior to the issue of the Subdivision Certificate confirming satisfactory arrangements have been made for the provision of water and sewer services. An application must be made through Sydney Water or an authorised Water Servicing Coordinator (WSC). Please refer to Sydney Water's website to learn more about applying through an authorised WSC or Sydney Water.

The original Section 73 Certificate must be provided to Council prior to the issue of Subdivision Certificate.

(Reason: To comply with statutory requirements)

Conditions which must be satisfied during the ongoing use of the development

62. DAOUA20 - Loading

All loading and unloading operations shall be carried out wholly within the confines of the site, at all times. All delivery vehicles shall enter and leave the site in a forward direction.

(Reason: Adequate servicing)

63. DAOUB01 - Annual Fire Safety Statement

Pursuant to Part 12 Clause 88 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the owner of the building shall furnish Council with an Annual Fire Safety Statement prepared by an accredited practitioner (fire safety). The Annual Fire Safety Statement shall be issued within 12 months of the date on which an annual fire safety statement was previously given, or if a Fire Safety Certificate has been issued within the previous 12 months, within 12 months after the Fire Safety Certificate was issued.

A copy of the Annual Fire Safety Statement shall also be:

· Forwarded to the Commissioner of Fire and Rescue NSW; and

· Prominently displayed in the building.

(Reason: Fire safety)

64. DAOUC14 - General Noise Emission Criteria

a) Cumulative noise from the development must not exceed any required project amenity/intrusiveness noise level or maximum noise level as determined in accordance with relevant requirements of the NSW EPA Noise Policy for Industry 2017 (NPfI).

b) Background noise monitoring for the purpose of ensuring compliance with the NPfI must be carried out in accordance with the long-term methodology in Fact Sheet B of the NPfI.

c) An LAeq,15 minute (noise level) emitted from the development must not exceed the LA90, 15 minute (background noise level) by more than 3dB when assessed inside any habitable room of any affected residence or noise sensitive commercial premises at any time. Further:

ii. The noise level and the background noise level shall both be measured with all external doors and windows of the affected residence closed.

iii. Background noise measurements must not include noise from the development but may include noise from necessary ventilation at the affected premise.

d) Consideration must be given to any annoying characteristics of the noise in accordance with Fact Sheet C of the NPfI.

(Reason: To protect residential amenity)

65. DAOUC15 - Noise - Residential buildings

The air conditioner/s / mechanical ventilation systems/rainwater tank pumps must comply with the requirements of Protection of the Environment Operations (Noise Control) Regulation 2017 and shall not:

a) emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

· before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

· before 7.00am and after 10.00pm on any other day; and

b) emit a sound pressure level when measured at the boundary of any other residential property, at a time other than those specified in (i) and (ii) above, which exceeds the background (LA90, 15minutes) by more than 5dB(A). The source noise level must be measured as a LAeq 15 minute.

(Reason: To protect residential amenity)

66. DAOUE04 - Vehicle Access

All vehicles are to enter and exit the site in a forward direction.

(Reason: Traffic and pedestrian safety)

67. DAOUZ01 - Flood risk management and flood evacuation

Flood risk management plan and flood evacuation plan shall be in force all the time. Copy of the plans shall be kept in the site.

(Reason: to ensure flood risk management plan and flood evacuation plan are in force.)

Advisory Notes

68. DAANN01 - 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 it is recommended that you contact Dial Before You Dig before excavating or erecting structures 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 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.

69. DAANN08 - Process for Modification

The plans and/or conditions of this Consent are binding and may only be modified upon approval of an application under s.4.55 of the Environmental Planning and Assessment Act, 1979. A modification application shall be accompanied by the appropriate fee, application form and required information. You are not to commence any action, works or the like on the requested modification until Council issues an amended consent.

70. DAANN09 - Review of Determination

In accordance with the provisions of Section 8.2 of the Environmental Planning and Assessment Act 1979, you can request a review of a determination not relating to a complying development certificate, application for designated development or application for Crown development. A review application may not be determined after the period within which any appeal may be made to the Court if no appeal was made. To determine a review application within that time limit, the application must be submitted well in advance of the appeal right timeframe. A fee as per Council's current Pricing Policy, Fees and Charges, is payable for a review application.

71. DAANN10 - Right of Appeal

Section 8.7 and 8.10 of the Environmental Planning and Assessment Act 1979, gives the applicant the right of appeal to the Land and Environment Court within six months after the date the decision appealed against is notified or registered on the NSW Planning Portal occurs.

72. DAANN13 - Work Health and Safety

For information regarding, codes of practice and guidelines regarding demolition and construction work, visit the SafeWork NSW.

73. DAANN16 - Compliance with Disability Discrimination Act

This approval does not necessarily protect or guarantee against a possible claim of discrimination (intentional or unintentional) under the Disability Discrimination Act 1992 and the applicant/owner is advised to investigate their liability under that Act.

(Reason: To inform of relevant access requirements for persons with a disability)

74. DAANN17 - Critical Stage Inspections - General

Work must not proceed beyond each critical stage until the Principal Certifier is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. 'Critical Stage Inspections' means the inspections prescribed by the Regulations for the purposes of section 6.5 of the Act or as required by the Principal Certifier and any Service Agreement.

Note: The Principal Certifier may, in addition to inspections, require the submission of Compliance Certificates, survey reports or evidence of suitability in accordance with Part A2.2 of the NCC in relation to any matter relevant to the development.

(Reason: Statutory requirement)

75. DAANN19 - Inspections for Building Work - Critical Stages (Classes 2, 3 or 4)

The following critical stage inspections must be carried out:

a) after the commencement of the excavation for, and before the placement of, the first footing;

b) prior to covering of fire protection at service penetrations to building elements that are required to resist internal fire or smoke spread, inspection of a minimum of one of each type of protection method for each type of service, on each storey of the building comprising the building work;

c) prior to covering the junction of any internal fire-resisting construction bounding a sole-occupancy unit, and any other building element required to resist internal fire spread, inspection of a minimum of 30% of sole-occupancy units on each storey of the building containing sole-occupancy units;

d) Prior to covering of waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building;

e) Prior to covering any stormwater drainage connections; and

f) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

The Principal Certifier may nominate additional inspections which need to be carried out.

Prior to issuing an Occupation Certificate or Subdivision Certificate the Principal Certifier must be satisfied that the work has been inspected on the above occasions.

The last critical stage inspection must be carried out by the Principal Certifier. Earlier critical stage inspections may be carried out by the Principal Certifier or, if the Principal Certifier agrees, by another certifier.

For each inspection the principal contractor or owner-builder must notify the Principal Certifier at least 48 hours before each required inspection needs to be carried out.

(Reason: Statutory Requirements)

76. DAANN22 - Obtaining a Construction Certificate for Building Work

This Development Consent does not constitute approval to carry out construction work. Construction work may only commence upon the issue of a Construction Certificate, appointment of a Principal Certifier, and lodgement of Notice of Commencement.

If demolition is associated with the erection of or extension to an existing building, then demolition must not commence prior to the issue of a Construction Certificate.

(Reason: Information)