31 hampden road, artarmon nsw 2064

WARD INSPECTION COMMITTEE

31 Hampden Road, ARTARMON NSW 2064. (Ward: Naremburn)

31 Hampden Road, ARTARMON NSW 2064.DA NO: DA-2015/196

ATTACHMENTS: 1. ARCHITECTURAL PLANS2. NOTIFICATION MAP

DATE: 27-JAN-2016

RECOMMENDATION: APPROVAL

LOCATION: 31 HAMPDEN ROAD, ARTARMON NSW 2064.

APPLICANT: SWA GROUP

OWNER: JSR DEVELOPMENT 4 PTY LTD

PROPOSAL: DEMOLISH EXISTING DWELLING AND CONSTRUCT A NEW FOUR STOREY RESIDENTIAL FLAT BUILDING COMPRISING 10 RESIDENTIAL UNITS WITH BASEMENT CAR PARKING.

DATE OF LODGEMENT: 29-MAY-2015

VALID APPLICATION DATE: 29-MAY-2015

REPORTING OFFICER: ARTHUR TSEMBIS (DEVELOPMENT PLANNER)

RESPONSIBLE OFFICER: IAN ARNOTT (PLANNING MANAGER)

DESCRIPTION OF PROPOSAL

The proposal is to demolish an existing two storey dwelling and construct a four storey residential flat building comprising 5 x 1 bedroom units, 5 x 2 bedroom units, basement car parking, communal open space areas, landscaping and associated works. The basement makes provision for 12 car parking spaces, including one disabled space, a garbage bin storage area, pump room, residential storage areas, and one bicycle locker.

One of the units (Unit 7) is described as a 1 bedroom + study. However, the study could be readily adapted as a second bedroom. Therefore, for the purpose of assessing the application, this unit will be regarded as a two bedroom unit.

The proposed development does not comply with the development standards relating to height and allotment size under the provisions of WLEP 2012. A written request to vary these development standards has been lodged with the application. The variation of the height limit and minimum allotment size are more than 10%, and more than three (3) submissions were received. Therefore, the development application is required to be referred to a Ward Councillor Committee meeting for determination.


31 Hampden Road, ARTARMON NSW 2064. (Cont.) (Ward: Naremburn)

Neighbour Notification

In accordance with Clause B9.9 (Category C) of WDCP the original application was notified to approximately 180 owners of adjoining and nearby properties for a period of twenty one (21) days, and seven (7) submissions were received. One submission is from the executive of the strata, and another two from unit owners of the north-western adjoining residential flat building at 33 Hampden Road. Submissions were also received from 14/2 McMillian Road,2/21 Hampden Road, and one from an address unknown. One other submission was received from a person who does not want to be identified.

Following receipt of additional information and amended plans, the application was renotified and except the owner of 5/33 Hampden Road, a further submission was received from all those that previousely lodged a submission.

The following is a précis of the issues raised in the submissions:

Anonymous

The person who did not want to be identified provided a lengthy 8 page submission which raised numerous issues and concerns under the following headings:

1. The Zone Objectives for R3 Medium density Residential are not met by this development.

2. The Floor Space Ratio exceeds the development standard of 0.9 by 112.2%. When measured as defined by CI 1.4, it Is 1.01.

3. Objectives of CI. 4.4 (a), (b), (c), (d), (h) and (i) for Floor Space Ratio are not met.4. The height of the building exceeds the maximum height of 12m. Objectives of CI. 4.3

(a) to (f) Inclusive, and (h), are not met as a direct consequence of the height limit being exceeded.

5. Lot size. The proposal does not meet WLEP 2012 Clause 6.10 (2) lot size for a residential flat building in an R3 zone, nor relevant Objectives.

6. Earthworks. The Objective of WLEP 2012 CI. 6.2. is not met.7. Flood Planning. The objective of the WLEP 2012 Cl. 6.3 (1) to minimise flood risk may

not be met. 8. The DA's Noise Impact Assessment has not considered adverse noise impact on

adjoining residents. 9. BCA Compliance and Access Matters. 10. Traffic Planning. 11. Water Management.12. D.2.7 Site Coverage.13. D.2.9 Open space.14. D.2.10 Landscaping.15. Nathers Report.16. Heritage Assessment. 17. The objective of 4.6(1) (b) of WLEP 2012, to "achieve better outcomes for and from

development by allowing flexibility in particular circumstances" has not been met. 18. The Applicant's written request in the SEE, seeking to justify contravention of at least

two development standards, has not adequately covered how strict compliance with the development standard is unreasonable or unnecessary, nor explained why.

19. It is not in the public interest

The second submission includes all the previous matters with some minor changes to reflect the amended plans.



The Executive of SP 85261 (33 Hampden Road)

The submission from ‘The Executive Team, C/- The Owners – SP 85261’ submitted a lengthy 6 page submission which raised numerous issues and concerns under the following headings:

1. 31 Hampden Road proposal is NOT COMPATIBLE with 33 Hampden Road building.2. Contamination risks exist from previous adjoining service station.3. The SEE's statement on page 15, that it is "reasonable to allow the redevelopment" so

it will not be left as an isolated lot because adjoining owners would not sell nor grant a rlght-of-way, is a not a sound or logical justification.

4. At least two of the trees proposed for demolition are partly on 33 Hampden Road property, where their trunks, at bases, intersect with the natural groundline.

5. What is proposed along 33 Hampden Road's eastern boundary with 31 Hampden Road?

6. Documentation shows insufficient information on context, and has internal inconsistencies.

7. The proposal DOES NOT MINIMISE the potential for adverse impacts on the amenity of adjoining neighbours and the public.

Similar to the above submission, the second submission includes all the previous matters with some minor changes to reflect the amended plans.

Unit owner (anonymous) within 33 Hampden Road

The main concern appears to be privacy issues. Other issues and concerns include: loss of trees; overlooking due to orientation of the proposed building; visual bulk; reflected glare; noise impacts, including air conditioning units; odours/smoke from BBQs; no washing lines; loss of solar access; scale and height of the proposed building; allotment too small; loss of views; devalue property; safety hazard due to steep driveway; impact on on-street parking; impact on streetscape; and, not in the public interest.

The second submission from this unit owner includes all the previous matters with some changes to the original submission to reflect the amended plans.

Unit 5/33 Hampden Road

This submission raised privacy issues and concerns about the height, bulk, and scale of the proposed building, and the removal of trees.

Unit 14/2 McMillian Road

The first submission raised privacy issues, not in keeping with the locality, impact on carparking in the locality, and noise and dust impacts. Concern was raised that the proposal ‘will further contribute to the over-crowding of Artarmon’.

The submission also raised concern about safety of children and overcrowding of the Artarmon Public School, and ‘the potential of more dumping in the area is increased with frequent renters moving out’.

The second submission states ‘my original concerns still exist and are not altered by any amendments’.



Unit 2/21 Hampden Road

The first submission raised concern about the bulk and scale of the proposed development and, non-compliance with the lot size and width of the street frontage.

The second submission states ‘My comments in relation to the amended DA remain the same as in my previous submission.’

Address unknown

The first submission raised concerns about: privacy issues; the removal of trees; structural damage to the north-western adjoining property as a result of removing trees; height, bulk and scale of the proposed building; overshadowing; lack of car parking; and, the location of the bin storage area.

The second submission is essentially the same as the first submission with some minor changes to reflect the amended plans.

Existing Building and Site Context

The subject site is located on the north-eastern side of Hampden Road, between McMillan Road and Barton Road. It is located approximately 330m from the pedestrian entrance into the Artarmon Railway Station and approximately 180m from the south-eastern end of the Artarmon Shopping area.

The property is an irregular shaped parcel of land having a narrow street frontage of 12.23m, a rear boundary of 32.055m, and north-western and south-eastern side boundaries of 34.285 and 43.455m, respectively. The site is occupied by a vacant two storey dwelling. The rear of the site adjoins the north shore railway line.

There is a three (3) storey residential flat building on the north-western adjoining property and a two (2) storey residential flat building on the south-eastern adjoining property. The immediate surrounding area predominantly consists of medium and high density residential flat buildings.

Background

Following a preliminary assessment the applicant was advised that additional information was required to address; vehicular access, car parking, flooding, lot size, and urban design issues. The applicant was further advised that the location of the on-site detention (OSD) tank prevented the opportunity to provide deep soil planting in the front yard area. The applicant was separately advised that Sydney Trains requires additional information to address RailCorp’s requirements before it can provide its concurrence to the proposed development.

The applicant lodged additional information to address stormwater/flooding, and correspondence to justify a variation of the development standard relating to the minimum lot size. The amended plans relocated the OSD, and incorporated changes to improve the internal layout, vehicular access, and the car parking layout.



The revised plans show the location of adjacent windows and the relationship between the adjoining residential flat buildings and the proposed development. To address the privacy concerns the amended plans deleted some balconies and included additional privacy screens. A detailed summary was provided in response to the urban design issues raised in the Urban Design Assessment Report. This matter is further addressed in the ‘assessment’ section of this report.

Following receipt of additional information to satisfy its requirements, Sydney Trains provided its concurrence by letter dated 17 February 2016.

Controls

i) Willoughby LEP 2012: Yesi) Conservation Area: Noii) Zoning: R3 Medium Density Residentialiii) Applicable DCP (SEPPs, REPs): SEPP BASIX, SEPP 55 (Remediation of Land),

SEPP 65 (Design Quality of Residential Flat Buildings), SEPP (Infrastructure) 2007; SREP (Sydney Harbour) 2005 and associated DCP, and WDCP.

iv) Other Relevant Policies (Council Resolutions, Draft DCPs): N/Av) Developer’s Contribution Plans: S94Avi) Applicable rate (%): 1%vii) The cost of development: $2,725,000.00viii) Date of accepted cost of development: 01/06/2015ix) The total contribution payable (subject to Building Price Indexing (Enterprise

Bargaining Agreement): $27,250

Development Statistics

Existing Proposed Standard Compliancea) Site Area (Clause 6.10 WLEP 2012)

813m2 No change 1,100m2 No(1)

b) Gross Floor Area 712.01m2 731.7m2 Yesc) Floor Space Ratio(Clause 4.4 WLEP 2012) 0.87:1 0.9:1 Yesd) Height(Clause 4.3 WLEP 2012) 14.5m 12.0m No(2)

e) Transport requirements(Part C.4. WDCP)

Car Spaces 12 12 Yesf) Access, Mobility and Adaptability (Part C.6 WDCP)Adaptable unitsAdaptable car spaces

31

5 (50%)2

No(3)

No(3)

g) Density & Height(Part D.2.5 WDCP)

<60% 4th storey no greater than 60%

of floor below

Yes

h) Site coverage(Part D.3.7 WDCP)

273.16m2

(33.6%)227.64m2

(28%)No(4)



Existing Proposed Standard Compliancei) Setbacks:(Part D.2.8 WDCP)Front:All levelsSide (north-west):Ground First floorSecond floorThird floorSide (south east):Ground First floorSecond floorThird floorRear:GroundFirst floorSecond floorThird floor

7.5m

3.2-12.0m4.2-10.8m4.2-12.6m3.8-9.2m

4.4-7.0m4.4-5.8m4.4-5.8m4.4-7.0m

3.0-7.8m3.0-7.8m3.2-7.8m

13.0m

7.5m

3.0m4.2m5.4m6.6m

3.0m4.2m5.4m6.6m

3.0m4.2m5.4m6.6m

Yes

YesYesNo(5)

No(5)

YesYesNo(5)

No(5)

YesNo(5)

No(5)

Yesj) Open space(Part D.2.9 WDCP)Recreational open space

Court yards:Unit 1Unit 2Unit 3Balconies

Communal open space

446.55m2

(54.9%)

44.52m2

54.28m2

69.66m2

10.0-21.37m2

174.37m2

439.02m2

(54%)

35m2

50m2

50m2

10m2

210m2

(7x30m2)

Yes

YesYesYesYes

No(6)

k) Landscaping(Part 2.10 WDCP)Soft landscaping

Recreation open space (soft landscape area)

285.85m2

(35.16%)159.0m2

284.55m2

(35%)142.27m2

(50%)

Yes

Yes

Compliance with Plans or Policies

(1) The site does not comply with the minimum lot size of 1,100m2 for a residential flat building in the R3 Medium Density Zone. A written request to vary this development standard has been submitted in accordance with Clause 4.6 of WLEP 2012.

(2) The height does not comply with the 12m height limit. A written request to vary this development standard has been submitted in accordance with Clause 4.6 of WLEP 2012.

(3) In accordance with Part C6 of WDCP, five adaptable units and two adaptable car parking spaces are required. Only three adaptable units and one adaptable car space have been nominated on the plans. This matter is addressed in the ‘assessment’ section of this report.

(4) The site coverage exceeds 28% of the site area in accordance with Part D.2.7.3 of WDCP. This matter is addressed in the ‘assessment’ section of this report.



(5) The proposal does not fully comply with the setback requirements in accordance with Part D.2.8 of WDCP. This matter is addressed in the ‘assessment’ section of this report.

(6) The proposal does not fully comply with the area required for communal open space in accordance with Part D.2.9 of WDCP. This matter is addressed in the ‘assessment’ section of this report.

Internal Referrals

Building:

Council’s Building Surveyor assessed the amended plans and provided standard building conditions which are included in the attached ‘Schedule of Conditions’.

Engineering:

Council’s Development Engineer advised that additional information was required to address vehicular access, car parking, and flooding.

Following receipt of the additional information, Council’s Development Engineer advised that the applicant has not fully addressed matters relating to stormwater drainage and driveway grades. Council’s Development Engineer advised that should the application be supported from a planning perspective, conditions should be included that require these matters to be addressed prior to an application for a Construction Certificate. These requirements and other standard engineering conditions are included in the attached ‘Schedule of Conditions’.

Traffic:

Council’s Traffic Engineer initially raised concern about the car parking layout and deficient car parking. The amended plans made provision for the required number of car parking spaces and included turning path templates which demonstrate that there is sufficient turning area within, and entry into and exit from the basement car parking area.

Open Space/Landscaping:

Council’s Landscape Officer provided, inter alia, the following advice in respect to the original plans:

‘No objections are raised to removal of trees as indicated in the report.’

‘At this stage it is recommended that the front landscape setback be redesigned to enable adequate soil depth for taller planting to the frontage of the site to provide some softening between the properties and amenity to streetscape.’

Following a review of the amended plans Council’s Landscape Officer provided the following advice:

‘Amended design plans relocating the OSD to above ground detention in the rear of the development is noted.

No amended landscape plan was noted, however, conditions have been included requiring submission to the Certifying Authority of an amended landscape plan with specific tree planting requirements prior to issue of the construction certificate to address landscape issues.’



These requirements and other standard landscaping conditions are included in the attached ‘Schedule of Conditions’.

Environmental Health:

Council’s Environmental Health Officer raised no objections to the proposal subject to a number of conditions relating to noise mitigation, building ventilation, disposal of any hazardous material, and dust control. These conditions are included in the attached ‘Schedule of Conditions’.

External Referrals

Sydney Trains

Following long and protracted negotiations between the applicant and Sydney Trains, Sydney Trains by letter dated 17 February 2016 provided its concurrence to the proposal in accordance with the provisions of Clause 86 of SEPP (Infrastructure) 2007. Concurrence was subject to a number of conditions, all of which are included in the attached ‘Schedule of Conditions’.

Urban Design:

An independent assessment of the urban design quality of the proposed development was undertaken by Ruker Urban Design in accordance with the provisions of SEPP 65 – Design quality of residential flat development. Details of the consultant’s report are discussed in the ‘assessment’ section of this report.

Matters for Consideration Under S.79C EP&A ActSatisfactory Unsatisfactory Not Relevant N/A

(a)(i) The provisions of any environmental planning instrument (EPI)State Environmental Planning Policies (SEPP) Regional Environmental Plans (REP) Local Environmental Plans (LEP) Comment: The proposed development satisfies all relevant SEPPs, including the provisions of SEPP 55 – Remediation of Land and SEPP 65 - Design Quality of Residential Flat Buildings. Matters relating to these SEPPs are addressed in the ‘assessment’ section of this report. The proposal is permissible in the R3 Medium Density Residential Zone; however, it does not comply with the height limit or the minimum lot size under the provisions of WLEP 2012. A written request to vary these development standards isaddressed in the ‘assessment’ section of this report.

(a)(ii) The provision of any draft environmental planning instrument (EPI)Draft State Environmental Planning Policies (SEPP) N/ADraft Regional Environmental Plans (REP) N/ADraft Local Environmental Plans (LEP) Comment: There are no items under Draft WLEP 2012 (housekeeping amendments) that apply to the subject land.

(a)(iii) Any development control plansDevelopment control plans (DCPs) Comment: There are several non-compliances with the numerical controls of WDCP relating to; number of adaptable units and car spaces; site coverage; setbacks; and, communal open space. These matters are discussed in the ‘assessment’ section of this report.




(a)(iv) Any matters prescribed by the regulationsClause 92 EP&A Regulation-Demolition Clause 93 EP&A Regulation-Fire Safety Considerations N/AClause 94 EP&A Regulation-Fire Upgrade of Existing Buildings N/AComment: The proposal involves demolition of the existing two storey dwelling. A standard condition which requires demolition to be carried out in accordance with the requirements of AS 2601 is included in the attached ‘Schedule of Conditions’.

(b) The likely impacts of the developmentContext & setting Access, transport & traffic, parking Servicing, loading/unloading Public domain Utilities Heritage Privacy Views Solar Access Water and draining Soils Air & microclimate Flora & fauna Waste Energy Noise & vibration Natural hazards (flooding) Safety, security crime prevention Social impact in the locality Economic impact in the locality Site design and internal design Construction Cumulative impacts Comment: Subject to appropriate conditions, it is considered that the proposed development will not have a significant impact on the public domain or unreasonable impacts on the amenity of adjoining and nearby residential properties.

(c) The suitability of the site for the developmentDoes the proposal fit in the locality? Are the site attributes conducive to this development? Comment: It is considered that the proposal is in keeping with the medium and high density residential character of the locality.

(d) Any submissions made in accordance with this Act or the regulationsPublic submissions Submissions from public authorities Comment: The issues raised in the public submission are addressed in the ‘assessment’ and ‘neighbourhood notification issues’ sections of this report. All requirements of Sydney Trains are included in the attached ‘Schedule of Conditions’.

(e) The public interestFederal, State and Local Government interests and Community interests




Comment: The proposed development contributes to increased residential density that is in keeping with the desired future character of the locality. As such, it is considered the proposed development is in the public interest.

Assessment

State Environmental Planning Policy 55 – Remediation of Land:

The object of State Environmental Planning Policy (SEPP) 55 – Remediation of Land is to provide a State wide planning approach to the remediation of contaminated land.

The north-western adjoining property (33 Hampden Road) is currently occupied by a three storey residential flat building; however, it was previously occupied by a service station. Council is required to consider whether the subject land is contaminated and any remediation measures required to make the land suitable for the proposed development.

DA 2001/297 for ‘Demolition of service station building and associated structures’ was granted approval in accordance with the Notice of Determination dated 18 April 2001. The proposed development included the removal of underground fuel storage tanks. The consent included conditions that required remediation works to be carried out in accordance with SEPP 55, and Council being notified of the validation of the site upon completion of the remediation works.

In accordance with letter dated 4 September 2002, Council was advised that the site remediation and validation report had been completed, and the report concluded that the property ‘is suitable for future residential land use’. A copy of the report dated October 2002 was forwarded to Council’s Environmental Health Officer on 23 September 2002.

Whilst remediation works were carried out on the adjoining property, it does not appear that any investigations were carried out at that time to determine if there were any fuel leakages from the former service station into the subject property. Therefore, it is considered that any development consent granted to the proposed development should include requirements for a site investigation to be carried out, and if necessary a remediation plan prepared by a suitably qualified land consultant. Conditions to reflect these requirements are included in the attached ‘Schedule of Conditions’.

State Environmental Planning Policy 65 – Design quality of residential flat development:

The provisions of State Environmental Planning Policy (SEPP) 65 – Design quality of residential flat development, apply to residential flat developments comprising 3 or more storeys and 4 or more self-contained dwellings. In accordance with Clause 50 of the Environmental Planning & Assessment Regulations a Design Verification Statement prepared by a registered architect was submitted with the application.

The proposed development is required to be assessed in accordance with the design quality principles outlined in SEPP 65 and in accordance with the provisions of the Residential Flat Design Code 2002 (RFDC). In this regard Ruker Urban Design provided an urban design assessment report. The executive summary included the following advice:



‘Generally the design of the building's footprint provides for apartments with high amenity as there are numerous orientations for sun access, ventilation and outlook.

In many regards the proposal is well designed. However there are a number of design issues with the floor plans that require resolution including:

There is no useable or readily accessible communal space. Ground level pedestrian circulation, corridor widths and the entry are very

narrow and circuitous. Apartments should not have bedrooms and bathrooms directly off Iiving areas

and kitchens.

The most significant issue requiring attention concerns the privacy issues between neighbouring apartments to the north and proposed apartments to the front of the building. Generally all the apartments to the front of the building require redesign and possibly reorientation to eliminate overlooking onto the existing neighbouring building.’

The report provided a summary of the SEPP 65 assessment and identified a number of issues that required further attention. The report also included design solutions to resolve the following matters:

A. Site configuration and Slope, Orientation and Sebacks

1. Re-orient units 4 and 7 to the street and re-orient balconies to face the street where the entry is also reconfigured (refer to Pedestrian Access, Vehicular Access and Circulation).

2. Delete balconies: unit 4, the middle balcony (4.71 m2 in areas), Unit 7, the middlebalcony (4.47m2 in area), unit 10, the balcony outside B2.

3. Seek to push the basement level further into the ground to ensure the basement is at least half underground to the rear ideally no more than 1.2m out of the ground.

Comment:

The amended plans incorporate the suggested changes identified in 1 & 2 above.

With respect to the third item, the applicant advised that the basement level was dictated by the minimum flood level required in accordance with the flood study. This was confirmed by Council’s Development Engineer.

B. Apartment layouts

1. Internal layout of apartments should be redesigned to ensure that bathroom and bedroom doors do not open directly into living areas, dining areas and kitchens.

2. Further utilise western, eastern and southern external walls to provide an outlook other than north and to provide good size windows to more than one wall within a room.



Comment:

The internal layout has been amended and except for units 7 & 8, all other units do not have bedrooms or bathrooms opening directly onto living areas and kitchens. It is considered that the design of units 7 & 8 is acceptable as they provide reasonable amenity for futureresidents.

With respect to the second item, the applicant states that the ‘comment is not valid since there are already adequate size windows currently proposed on east and southern walls.’The applicant provided computer generated 3D model images to substantiate this position.

Having regard to privacy issues, internal layout and orientation of the proposed building, it is considered that the size and location of windows along the south, east and western elevations provide reasonable amenity for future residents in terms of outlook.

C. Pedestrian Access, Vehicular Access and Circulation

1. Provide direct visual connection between the street entry and the lift lobby. Avoid dog legs and ensure corridors are at least 2m in width and the lobby is at least 2.4m wide. To achieve this unit 1 will need to be reduced in size from a two bed to a one bed.

2. Relocate the bins within the basement carpark away from the entry and the street front.

3. Where a stair lift is to be provided ensure the stair is able to also allow people to walk up the stairs beside the lift, ideally the stairs should be generous in width at 2m or more.

4. Ensure all corridors are at least 2m in width.

5. Flip the stair and the lift so that the stair is closer to the street entry.

6. Redesign apartments 1 and 4 and/or reposition the entry area so that apartment windows are not looking onto any entry areas.

7. Check the configuration of the driveway with Councils Traffic Engineer.

8. Redesign units 1 and 4 so that windows do not look out onto the entry area. This may require unit 1 to be a one bed unit and unit 4 to have its main bedroom windows facing south. A secondary high level street facing window may be acceptable.

9. Apartment entries require further separation from the lift lobby area by the use of small indented vestibule areas in front of each door and ensure front doors are not directly in front of the lift doors.



Comment:

The amended plans have incorporated the suggested changes in items 1, 2, 3, 6 and 8.

With respect to item 4, the external corridor width has been increased from 1200mm to 1550mm. The applicant states that the design solution in item 5 is not suitable because the basement carpark entry will not work. In accordance with item 7, the amended plans have incorporated a new driveway design which has been assessed by Council’s Development Engineer. With respect to item 9 the applicant states:

‘For development of this scale, this is not possible due to limitations of the site area. Further reduction in unit areas will create non-compliance to SEPP 65 requirements.’

For the most part the applicant has incorporated the design changes to improve the internal layout. Those changes not included are relatively minor and not considered to be critical to the proposed development.

D. Communal open space

1. Push the basement carpark further underground by at least a half level to reduce the height of the wall facing the deep soil area and remove all basement windows facing onto the space.

2. Allow the deep soil area/communal space to be incorporated into unit 3's external garden area as private open space, ie. no access from the carpark.

3. Provide a communal space on the roof area of the building positioned to the rear of the building that is well sized and proportioned to allow for a range of passive recreational activities.

Comment:

The applicant advised that pushing the basement carpark further underground cannot be achieved due to the need to maintain the FFL to satisfy the flood level. This was confirmed by Council’s Development Engineer.

Due to the significant change in levels it is considered that it would be difficult to incorporate that area identified in item 2 as a courtyard for unit 3. It is considered that that area would be better used as communal open space to provide dense landscaping to screen the proposed building from the adjoining railway.

In accordance with item 3, the amended plans include an open roof top communal area.

State Environmental Planning Policy (Infrastructure) 2007:

Clause 85 relates to development immediately adjacent to rail corridors. Clause 86 relates to excavation in, above or adjacent to rail corridors. Sydney Trains has provided its concurrence to the proposed works and their requirements are included in the attached ‘Schedule of Conditions’.

Clause 87 relates to the impact of rail noise or vibration on non-rail development. This provision requires Council to be satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:



(a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

A condition to reflect this requirement is included in the attached ‘Schedule of Conditions’. These noise levels also form part of the Sydney Train requirements.

Willoughby Local Environmental Plan (WLEP) 2012:

The proposed development satisfies the specific objectives of the R3 Medium Density Residential Zone. However, the proposal does not comply with the height limit and minimum lot size under Clause 4.3 and Clause 6.10 of WLEP 2012.

Clause 4.6 (Exceptions to development standards) of WLEP 2012 provides a degree of flexibility to achieve a better outcome for a proposed development. In accordance with Clause 4.6(3) the applicant lodged a written request that seeks to demonstrate that the development standards are unreasonable or unnecessary in the particular circumstances, and that there are sufficient planning grounds to justify a variation of the height limit and minimum lot size.

Height of Building:

The highest point at the top of the lift overrun of the proposed building is 14.5m above the existing ground level. This is 2.5m or 20.8% over the 12m height limit in accordance with Clause 4.3 of WLEP 2012.

The relevant objectives of the height control under Clause 4.3 are:

to ensure that new development is in harmony with the bulk and scale of surrounding buildings and the streetscape,

to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,

to ensure a high visual quality of the development when viewed from adjoining properties, the street, waterways, public reserves or foreshores,

to minimise disruption to existing views or to achieve reasonable view sharing from adjacent developments or from public open spaces with the height and bulk of the development,

to set upper limits for the height of buildings that are consistent with the redevelopment potential of the relevant land given other development restrictions, such as floor space and landscaping,

to use maximum height limits to assist in responding to the current and desired future character of the locality,

to achieve transitions in building scale from higher intensity business and retail centres to surrounding residential areas.

In accordance with Clause 4.6, the applicant addressed the zone and height control objectives and provided a written request to justify contravening the development standard for the following reasons:



The height of the proposed building is consistent with other three/four storey residential flat buildings along Hampden Road and similar development in the nearby streets.

The front portion of the building complies with the 12m building height control and is compatible with the overall height of the adjoining building at No. 33 Hampden Road.

The front portion of the proposed building is well articulated and provides various architectural elements including feature vertical blades, different building materials, recessed balconies, and sliding privacy screens to reduce the visual bulk and creates visual interest when viewed from the street.

The non-compliance only relates to a small portion of the building towards the rear of the site and the non-compliance is mainly due to the sloping nature of the site and also the need to raise the floor level to comply with the flood requirement of the site.

The additional height is considered acceptable within the context of the site and represents reasonable bulk to the adjoining development and does not unreasonably overshadow or dominate the adjoining sites.

Appropriate setbacks are provided to the top floor level with staggered walls on all elevations to further reduce the visual bulk of the development and minimises the extent of shadow impact on the neighbouring properties.

The additional height associated with the stair and lift shaft is limited to a small area of the building and this area of the building has been appropriately treated so as to provide visual interest and architectural relief.

The variation is considered to be minor and will not result in any significant adverse impacts upon the amenity of neighbouring properties in terms of overshadowing, loss of privacy and views, or visual bulk and scale. In addition, the proposed flat roof form has also been designed to minimise the potential impact on the neighbouring properties and the character of the streetscape.

The proposal provides a high quality contemporary residential development that is sympathetic to the existing and desired future character of the locality.

The urban design report prepared by the independent consultant on behalf of Council states that the scale difference between the surrounding three storey and proposed four storey residential flat building does not result in any major urban design issues.

The shadow diagrams indicate that the additional height will not contribute to any significant or unreasonable additional overshadowing of adjoining properties.

Notwithstanding the non-compliance with the height limit it is considered that the objectives of the height controls are satisfied because the height of the proposed building is in harmony with the bulk and scale of surrounding buildings, and it will not have a significant or unreasonable impact in terms of overshadowing, loss of views, loss of privacy or visual intrusion. An assessment of the information demonstrates to Council’s satisfaction that the building height control is unreasonable and unnecessary, and there are sufficient planning grounds to justify a variation of the 12m height control in the particular circumstances.

Lot Size:

The site has an area of 813m2. This is 287m2 or 26% below the minimum allotment size of 1,100m2 in accordance with Clause 6.10 of WLEP 2012.



The objectives of Clause 6.10 are:

(a) to achieve planned residential density in certain zones by: (i) enabling development sites to be of sufficient size to provide adequate area for drainage, landscaping, and separation between buildings for privacy and solar and vehicular access, and(ii) reducing the instances of isolated lots being left with reduced development potential, and

(b) to increase the efficiency and safety of the road network by minimising the number of driveway crossings.

In accordance with Clause 4.6, the applicant addressed the zone and minimum lot size objectives and provided a written request to justify contravening the development standard for the following reasons:

The adjoining property to the northwest at No. 33 Hampden Road is occupied by a three storey residential flat building comprising 7 strata title units over basement carparking.

The property to the southeast at No. 29 Hampden Road is a two storey building comprising 4 residential units under one title owned by Land and Housing Corporation.

The owner's legal representative has made representation to the Owners Corporation for 33 Hampden Road seeking to encumber the driveway with a Right of Way access benefiting the subject site for the purpose of ingress and egress to and from the basement of the subject development. The Executive Committee of No. 33 Hampden Road had considered the request and rejected the request on the grounds that it would cause undue noise and inconvenience to owners and residents of 33 Hampden Road.

In addition, the owner's legal representative has also made representation to Land and Housing Corporation seeking to determine the likelihood of purchasing the property at No. 29 Hampden Road and was advised that the Land and Housing Corporation has no desire to sell the property at this stage.

For the above reasons, it is consider reasonable to allow for the redevelopment of the subject site on its own.

In addition, the proposed residential flat development achieves the relevant objectives of the Willoughby local Environmental Plan 2012 in respect to provide a variety of dwelling types within an established medium density residential environment, which will contribute positively to the housing stock within the Willoughby LGA and remain compatible with the scale of surrounding development.

The applicant provided documentary evidence that all reasonable attempts were made to either obtain a ROW over 33 Hampden Road, or acquire 29 Hampden Road. It is considered that the applicant has satisfied the Planning Principles identified by the Land & Environment Court in respect to matters dealing with amalgamation of sites.

Notwithstanding the non-compliance with the minimum allotment size, it is considered that the proposal satisfies the objectives of the zone and is consistent with the objectives of the minimum lot size provision. It is also considered that the proposed development of an undersized allotment will not impact on adjoining residents. As such, it is considered that strict compliance with the minimum allotment size is unreasonable and unnecessary in the particular circumstances.



Willoughby Development Control Plan (WDCP)

Access, Mobility and Adaptability:

Part C.6 of WDCP requires 50% of the apartments to comprise adaptable units. The proposal nominates 3 adaptable units; however, there is no reason why two additional units cannot be designed to create adaptable units.

The proposal complies with the number of car parking spaces required under Part C4 of WDCP; however, 2 adaptable spaces are required in accordance with Part C6 of WDCP. Only one adaptable car space is provided in the basement car parking area. A review of the amended plans indicates that a shared area can be provided adjacent to car space R1 to enable the provision of a second adaptable space.

An appropriate condition is included in the attached ‘Schedule of Conditions’ that requires the applicant to provide the Private Certifying Authority with ‘as built’ drawings showing two additional pre-adaptation and post-adaption units prior to release of the Construction Certificate. The car parking condition also requires car space R1 to be provided as an adaptable car parking space.

Controls for residential flat buildings:

Part D2 of WDCP provides controls for residential flat buildings. The proposal does not fully comply with the site coverage, setback, and communal open space requirements. Non-compliance with these controls is symptomatic of the site constraints of an undersized allotment. However, they do not result in any unreasonable impacts on adjoining and nearby residents in respect to privacy, bulk and scale, and solar access. The amended proposal achieves a good urban design outcome and meets the primary objective to provide medium density housing that is compatible with the scale and character of surrounding residential development. As such, it is considered that non-compliance with the numerical controls relating to the site coverage, setback, and communal open space requirements under Part D2 of WDCP are acceptable for the proposed development.

Neighbour Notification Issues:

The issues raised in the submissions such as height, car parking, open space, landscaping, earthworks, floor space ratio (FSR), flood planning, water management, contamination, etc, involve an assessment of the proposal, having regard to the development controls under the provisions of WLEP 2012, WDCP, SEPP 65 and other relevant plans and policies. Matters relating to BCA compliance are addressed upon application of a Construction Certificate. Other matters such as privacy, noise impacts, solar access, traffic, heritage values, character, bulk and scale, urban design, etc, also require a merit based assessment. For the most part all these issues have been addressed in the ‘assessment’ section of this report and/or can be resolve as conditions of any development consent that may be granted. It is considered that the proposal will not impact on the nearby Artarmon Heritage Conservation Area and there is no evidence to suggest that the proposed development will affect property values of adjoining or nearby dwellings. It is also considered that other issues such as overcrowding of the Artarmon Public School and dumping of rubbish are not matters for consideration in dealing with this application under the provisions of 79C of the EP&A Act 1979.



One submission claims that some of the trees identified for removal are partially located on 33 Hampden Road. The Arboricultural Assessment Report indicates that all the trees along the north-western boundary are in poor condition and recommends that they be removed and ‘replaced with alternate trees, shrubs and ground covers as part of the final landscape works’. This is supported by Council’s Open Space Officer.

The survey plan submitted with the application and inspection of the site indicates that all the trees appear to be located on the subject property. Notwithstanding, appropriate conditions are included in the attached ‘Schedule of Conditions’ which state that no approval is given for the removal or pruning of trees on neighbouring private land, and a survey is required along the north-western boundary to ensure any trees that are not located entirely within the subject site are not removed without approval.

CONCLUSION

The application has been assessed under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. The proposed development to construct a four storey residential flat building is permissible and consistent with the objectives of the R3 Medium Density Residential Zone.

Notwithstanding the non-compliances with the development standards relating to height and allotment size under WLEP 2012, and non-compliance with various controls under WDCP, it is considered that the proposal, as amended, is acceptable and appropriate as the proposed development does not result in any unreasonable impacts on adjoining and nearby residents.

OFFICER’S RECOMMENDATION

1. That Council support the application to vary the height limit and minimum allotment size in accordance with Clause 4.6 of WLEP 2012 as it is considered that strict compliance with the development standards under Clauses 4.3 and 6.10 of WLEP 2012 are unreasonable and unnecessary in the particular circumstances for the following reasons:

i) Height:

The proposed building is in harmony with the bulk and scale of surrounding buildings, and it will not have significant or unreasonable impacts in terms of overshadowing, loss of views, loss of privacy or visual intrusion. Therefore, it is considered that the proposal satisfies the objectives of the height control.

ii) Minimum lot size:

The applicant has demonstrated to Council’s satisfaction that neighbouring landowners are unwilling to be a party to consolidation of lots to achieve compliance with the minimum allotment size; and, the proposal will not isolate adjoining allotments from future development potential. Therefore, it is considered that the proposal satisfies the objectives of the minimum lot size control.



2 That DA 2015/196 for a four storey residential flat building at 31 Hampden Road, Artarmon be approved and delegated authority granted to the General Manager to issue the development consent notice subject to the attached conditions, noting the special circumstances for the building height and allotment size variation under WLEP 2012, being those outlined in the Clause 4.6 application above, and the special circumstances for the variation of the site coverage, setbacks, and communal open space requirements under WDCP, being:

Non-compliance with these controls is symptomatic of the site constraints on an undersized allotment and they do not result in any unreasonable impacts on adjoining and nearby residents in respect to privacy, bulk and scale, and solar access.



SCHEDULE

Conditions of Consent: (including reasons for such conditions)

CONSENT IDENTIFICATION

The following condition provides information on what forms part of the Consent.

1. Approved Plan/Details

The development must be in accordance with the following plans:

Type Plan No. Revision/ Issue

No

Plan Date (as

Amended)

Date Stamped by

Council

Prepared by

Site Plan DA-03 B 09/10/15 16 Nov 2015 SWA Architects

Basement

Plan

DA-04 B 09/10/15 16 Nov 2015 SWA Architects

Ground Floor

Plan

DA-05 B 09/10/15 16 Nov 2015 SWA Architects

Level 1 Plan DA-06 B 09/10/15 16 Nov 2015 SWA Architects



Roof Plan DA-09 B 09/10/15 16 Nov 2015 SWA Architects

Sections DA-10 B 09/10/15 16 Nov 2015 SWA Architects

Elevations DA-011 B 09/10/15 16 Nov 2015 SWA Architects

Landscape

Plan

L01/1-

K19804

15 April 15 29 May 2015 Michael Siu Landscape

Architects

the application form and any other supporting documentation submitted as part of the application, except for:

a) any modifications which are “Exempt Development” as defined under S76(2) of the Environmental Planning and Assessment Act 1979;

b) otherwise provided by the conditions of this consent.(Reason: Information and ensure compliance)



2. Transport –Sydney Trains

Concurrence from Sydney Trains was provided in accordance with its letter dated 17 February 2016. Concurrence is subject to full compliance with the following requirements:

A 1. Unless amendments are required by Sydney Trains as part of the review and approval/certification of the documentation listed in Condition A2 all excavation and construction works are to be undertaken in accordance with the details, methodology, advice, undertakings and recommendations detailed in the following documents:

Geotechnical Investigation by Aargus Pty Ltd - Report No. GS6197-1A dated 1 June 2015.

Structural Report by Australian Consulting Engineers - Report No 140692.SRI dated 3 June 2015.

Correspondence from Mark Kiryakos Geotechnical Engineer dated 4 February 2016 - Ref No: G2015-04A

The following Structural Drawings prepare by Australian Consulting Engineers:

Site Plan with RailCorp Assets, Drawing No. SOOIO - Revision C dated 03/02/16

Sections with RailCorp Assets, Drawing No. SOOII - Revision C dated 03/02/16

Sections with Rai/Corp Assets, Drawing No. S0012 - Revision C dated 03/02/16

Footing Plan and Details, Drawing No. S0100 – Revision B dated 09/12/15

Footing Details, Drawing No. S0101 - Revision C dated 03/02116 Basement Slab Plan, Drawing No. S0200 - Revision B dated 09/12/15 Shoring Details Sheet 2, S0014 -Issue 1 dated 12/08/15

The following Stormwater Drawings prepare by Australian Consulting Engineers

Cover Sheet, Legend & Drawing Schedule, Drawing No 000 -Revision A dated 04/05/15

Basement Stormwater Orainage Plan, 001 - Revision F dated 01/12/15

Ground Floor Stormwater Drainage Plan, Drawing No. 002 - Revision G dated 29/01/16

Site Stormwater Drainage Detai/s (112), Drawing No.003- Revision F dated 01/12/15

Site Stormwater Drainage Details (212), Drawing No.004 - Revision C dated 21/10/15

Erosion and Sediment Control Plan & Detai/s2), Drawing No. E05 -Revision A dated 04/05/15

Stormwater Quantity Report prepared by Australian Consulting Engineers dated December 2015 (Ref No: 140692.SQR2)



The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that the documentation listed in this condition have not be superseded with the approval/certification of documentation in Condition A2. Should Sydney Trains advise that any of the documentation listed in this condition have not been superseded, then the measures detailed in those specific documents are to be incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

A2. Unless otherwise advised by Sydney Trains, the Applicant shall prepare and provide to Sydney Trains for approval/certification the following items: Machinery to be used during demolition, excavation and construction. Construction and Demolition plan listing the vibration generating equipment,

anticipated levels of vibration and proposed method of monitoring A vibration and movement monitoring plan for the affected rail infrastructure. Confirmation that the limitations outlined in the Correspondence from Mark

Kiryakos Geotechnical Engineer dated 4 February 2016 - Ref No: G2015-04A will not be exceeded.

Confirmation that shotcrete anchors (dowels) will not extend info rail corridor. Confirmation that the slope will be stabilised with shotcrete as quickly as possible

following excavation. Confirmation that post development flow is less than or equal to pre development

flow and that all revised calculations/reports must be submitted to confirm the engineer's statement.

Confirmation that the drainage pit near the rail corridor has been relocated and RL of the pit increased to RL74. 70.

Confirmation that the pressure pipe is drained to a separate pit which will then drain to the OSD by gravity. The pressure pipe to be fitted with non-return flap valve to prevent back flow into pit.

Any conditions issued as part of Sydney Trains approval/certification of any of the above documents will also form part of the consent conditions that the Applicant is required to comply with. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming which of the documentation listed in this condition are to now apply and supersede the documentation in Condition A1. The measures detailed in the documents approved/certified by Sydney Trains under this Condition are to be incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

A3. All piling and excavation works with 25m of the rail corridor are to be supervised by a geotechnical engineer experience with such excavation projects.

A4. No rock anchors/bolts are to be installed into Sydney Trains property or easements.



A5. Prior to the commencement of works the Applicant shall peg-out the common property boundary with RailCorp's land. This work is to be undertaken by a registered surveyor.

A6. The Applicant is to submit to Council, for its records, copies of any certificates, drawings or approvals given to or issued by Sydney Trains.

A 7. During all stages of the development extreme care shall be taken to prevent any form of pollution entering the railway corridor. Any form of pollution that arises as a consequence of the development activities shall remain the full responsibility of the Applicant.

A8. Drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from Sydney Trains.

A 10. Sydney Trains and Transport for NSW, or any persons authorised by them for this purpose, are entitled to inspect the site of the approved development and all structures to enable it to consider whether those structures on that site have been or are being constructed and maintained in accordance with these conditions of consent, on giving reasonable notice to the principal contractor for the approved development or the owner or occupier of the part of the site to which access is sought.

A 11. Prior to the commencement of works, on the completion of works, or at any time during the works period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

A 12. An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads- Interim Guidelines".

A 13. Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

A 14. The Applicant is to ensure that the development incorporates appropriate anti-graffiti measures acceptable to Sydney Trains.



A 15. Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (eg roof terraces and external fire escapes) that are within 20m and face the rail corridor, the Applicant is required to install measures (eg awning windows, louvres, enclosed balconies, window restrictors etc) which prevent the throwing of objects onto the rail corridor. These measures are to comply with Sydney Trains requirements. The Principle Certifying Aulhority is not to issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

A 16. The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A 17. Prior to the issue of a Construction Certificate a Risk Assessment, Rail Safety Management Plan, and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail. The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A 18. Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

A 19. The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to the issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

A20. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. It should be noted that Sydney Trains may not permit any craneage or aerial operations over the 33kV wires located within Arthur Street. The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A21. Prior to the issue of a Construction Certificate the Applicant is to submit to Sydney Trains the demolition, excavation and construction methodology and staging for review and endorsement. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.



A22. No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and catenary, contact and pull-off wires of the adjacent tracks, and to any aerial power supplies within or adjacent to the rail corridor.

A23. Prior to the undertaking of works or the issuing of a Construction Certificate (whichever occurs first), the Applicant must hold current public liability insurance cover for a sum to be determined by Sydney Trains. This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

A24. Prior to the undertaking of works or the issuing of a Construction Certificate (whichever occurs first), the Applicant is to contact Sydney Trains Rail Corridor Management Group to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the entire works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to the issuing of the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

A25. Prior to the issuing of an Occupation Certificate the Applicant is to submit the as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easement. The Principal Certifying Authority is not to issue the Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A26. The Applicant must provide a plan of how future maintenance of the development facing the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of the Occupation Certificate. The Principle Certifying Authority is not to issue an Occupation Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

A27. No scaffolding is to be used facing the rail corridor unless prior written approval has been obtained from Sydney Trains. To obtain approval the proponent will be required to submit details of the scaffolding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor. Unless agreed to by Sydney Trains in writing, scaffolding shall not be erected without isolation and protection panels.

A28. No work is permitted within the rail corridor, or its easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains. Where the Applicant proposes to enter the rail corridor, the Principal Certifying Authority shall not issue a Construction Certificate until written confirmation has been received from Sydney Trains confirming that its approval has been granted.



A29. There is a need to ensure that the roots and foliage of trees being planted beside the rail corridor do not have an impact on the rail corridor. The development landscaping and planting plan should be submitted to Sydney Trains for review.(Reason: Compliance with Sydney Train requirements)

PRIOR TO MAKING AN APPLICATION FOR A CONSTRUCTION CERTIFICATE

The following conditions are to be complied with before any Construction Certificate Application is made to the Certifying Authority.

3. Submit the Following Information to Willoughby City Council

Prior to the lodgement of an application for a construction certificate, the applicant shall submit plans and specifications satisfying the following requirements to Willoughby City Council for approval. A letter confirming the documentation is approved by Willoughby City Council, shall then be submitted to the certifying authority for the application of a construction certificate.

The following issues shall be submitted to Council for approval:

1. Submit documentary evidence by way of title documents and the associated instruments showing that the subject property legally benefits from a drainage easement over the downstream property. The applicant shall acquire a drainage easement over the downstream property by contacting Sydney Trains Finance and Corporate Services on 02 8575 0780 for the acquisition of a drainage easement.

2 Submit certificate from a suitably qualified and experienced civil engineer certifying that the existing drainage system over the downstream property has sufficient capacity to cater for uncontrolled stormwater runoff generated from the subject property for all storm event up to 1 in 100 Year ARI.

3 In order to ensure that no scraping to vehicles would occur as they pass over the new vehicular crossing, the applicant shall submit longitudinal sections along each side/edge of the proposed vehicular accesses path drawn at 1:20 Scale. The driveway is to be designed using Council’s standard vehicle profile. The longitudinal sections shall be prepared by a suitably qualified person and shall include the following: -

-Horizontal distance from the centreline of the road to the proposed parking slab, including provision of Council’s standard layback as per Council’s standard drawing SD105 which is available from Council’s website. Council’s standard layback is 500mm deep and the back of layback is 100mm above the gutter invert.

-Both existing and proposed levels (in AHD) and gradients represented in percentage of the vehicular crossing and driveway.

The crossing is to be 5.5 metres wide with no splays and be to constructed at right angle to street kerb. The centreline of the new crossing shall be in-line with the centreline of the driveway. For the design levels of the vehicular crossing at the property boundary, the following shall be complied with:



The gutter invert level – remain as the existing gutter invert level -At back of layback – 100 mm above and parallel to the new gutter invert.-At property boundary – 180 mm above and parallel to the gutter invert

The footpath which forms part of the proposed crossing shall have a maximum crossfall of 2.5%. All driveway grades and transitions shall comply with AS 2890.1 -2004 and Council’s specifications. The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.(Reason: Ensure Compliance)

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a construction certificate.

4. Section 94A Contributions

A monetary contribution of $27,250.00 (subject to indexing as outlined below) is to be paid in accordance with Section 94A of the Environmental Planning and Assessment Act, 1979.

This contribution is based on 1% of the estimated development cost of $2,725,000.00 at 01/06/2015 and the adopted Section 94A Contributions Plan.

To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Building Price Index (Enterprise Bargaining Agreement) [BPI(EBA)] between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan.

To calculate the indexed levy, the formula used to determine the cash contribution is set out below.

NL = $Lo + $Lo x [current index – base index] base indexWhere:

NL is the new section 94A levy

Lo is the original levy

Current index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works available at the time of review of the contribution rate

Base index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works at the date of the proposed cost of development as above



In the event that the current BPI(EBA) is less than the previous BPI(EBA), the current BPI(EBA) shall be taken as not less than the previous BPI(EBA).

Prior to payment Council can provide the value of the indexed levy.

Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au(Reason: Statutory requirement)

5. Services - Energy Australia

The applicant should consult with Energy Australia to determine the need and location of any electrical enclosure for the development. Should such an electrical enclosure be required, the location and dimensions of the structure are to be detailed on all the plans issued with the Construction Certificate. In the event of Energy Australia requiring such a structure eg. a substation, the applicant is required to dedicate the land for the substation as public roadway. The Plan of Dedication shall be lodged to Council prior to issue of the Construction Certificate and registered at the Department of Lands prior to issue of the Occupation Certificate.(Reason: Compliance)

6. Sydney Water ‘Tap In’

The approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met.

An approval receipt will need to be obtained prior to release of the Construction Certificate.(Reason: Ensure compliance)

7. Fire Safety Schedule

Submission of the anticipated schedule of current and proposed fire safety measures to be implemented in the building, such fire safety schedule shall specify the minimum standard of performance for each fire safety measure.(Reason: Compliance)

8. Adaptable Units

The applicant shall provide ‘as built’ drawings for five (5) adaptable residential units for disabled persons (50% of total units) showing the housing unit in its pre-adaption and post-adaption stages at a scale of 1:50. A description of how the adaption is to be achieved shall also be provided. Each adaptable unit is to be nominated on the Construction Certificate drawings.(Reason: Amenity)



9. Damage Deposit

The applicant shall lodge a Damage Deposit of $30,000 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $200 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit.(Reason: Protection of public asset)

10. Detailed Stormwater Management Plan (SWMP)

Submit for approval by the Certifying Authority, detailed stormwater management plans in relation to the on-site stormwater management and disposal system for the development. The construction drawings and specifications shall be prepared by a suitably qualified and experienced civil engineer. All drawings shall comply with Part C.5 of Council’s Development Control Plan and Technical Standards, AS3500.3 –Plumbing and Drainage Code and National Construction Code.(Reason: Ensure compliance)

11. Basement Pumpout Drainage System

The applicant shall submit, for approval by the Certifying Authority, detailed stormwater management plans in relation to the pump-out drainage system. The construction drawings and specifications, shall be generally in accordance with the approved stormwater management plans with the following requirements:

The pumpout drainage system shall comprise with two (2) submersible type pumps. The two pumps shall be designed to work on an alternative basis to ensure both pumps receive equal use and neither remains continuously idle.

Each pump shall have a minimum capacity of 10L/s or shall be based on the flow rate generated from the 1 in 100 year ARI 5-minutes duration storm event of the area draining into the system, whichever is greater.

An alarm warning device (including signage and flashing strobe light) shall be provided for the pump-out system to advise the occupant of pump failure. The location of the signage and flashing strobe light shall be shown on the stormwater management plans.

The volume of the pump-out tank shall be designed with a minimum storage capacity equivalent to the runoff volume generated from of the area draining into the tank for the 1 in 100 year ARI 2-hours duration storm event.

All drawings shall be prepared by a suitably qualified and experienced civil engineer and shall comply with Part C.5 of Council’s Development Control Plan, AS3500.3 –Plumbing and Drainage Code and the National Construction Code.(Reason: Prevent nuisance flooding)



12. Overland Flow/Flood Level

A suitably qualified and experienced civil engineer must certify that the finished floor levels of the proposed building and carparking area have a minimum freeboard of 500mm and 150mm respectively above the 1:100 year ARI flood event.

The engineer must undertake an assessment of the critical flows as determined necessary to satisfy this condition. Where floor levels need to be raised or other flood protection measures are deemed necessary, details must be submitted and approved by the Certifying Authority.(Reason: Prevent property damage)

13. Construction Management Plan (CMP)

Submit, for approval by the Certifying Authority, detailed Construction Management Plan (CMP). The CMP shall address: (a) Construction vehicles access to and egress from the site(b) Parking for construction vehicles(c) Locations of site office, accommodation and the storage of major materials

related to the project(d) Protection of adjoining properties, pedestrians, vehicles and public assets(e) Location and extent of proposed builder’s hoarding and Work Zones(f) Tree protection management measures for all protected and retained trees.

(Reason: Compliance)

14. Traffic Management Plan

A detailed Traffic Management Plan shall be prepared for pedestrian and traffic management and be submitted to the relevant road authority for approval. The plan shall: -

a) Be prepared by a RTA accredited consultant.b) Implement a public information campaign to inform any road changes well in

advance of each change. The campaign shall be approved by the Traffic Committee.

c) Nominate a contact person who is to have authority without reference to other persons to comply with instructions issued by Council’s Traffic Engineer or the Police.

d) Temporary road closures shall be confined to weekends and off-peak hour times and are subject to the approval of Council. Prior to implementation of any road closure during construction, Council shall be advised of these changes and a Traffic Control Plan shall be submitted to Council for approval. This Plan shall include times and dates of changes, measures, signage, road markings and any temporary traffic control measures.

(Reason: Public safety and amenity)



15. Vehicle Access – Engineer’s Certification

The Applicant shall submit, for approval by the Principal Certifying Authority, certification from a suitably qualified and experienced traffic engineer. This certification must be based on the architectural drawings and the structural drawings, and must make specific reference to the following:

a) That finished driveway gradients and transitions will not result in the scraping of the underside of cars.

a) That the proposed vehicular path and parking arrangements comply in full with AS2890.1 – 2004 in terms of minimum dimensions provided,

b) All parking spaces for people with disabilities shall comply with Section 2.4 of AS2890.6.

(Reason: Ensure Compliance)

16. Design of Civil Works in Public Road (Roads Act Approval)

Prior to issue of any Construction Certificate, the Applicant must submit, for approval by Council as a road authority, full design engineering plans and specifications prepared by a suitably qualified and experienced civil engineer for the following infrastructure works:

- Construction of full width footpath (max. 2.5% crossfall) for the full frontage of the development in Hampden Road. Detailed long section and cross section in 5 metres interval shall be provided.

- Construction of kerb and gutter for the full frontage of the development in Hampden Road.

- Construction of 5.5m wide vehicular crossing to Council specifications. The design levels at the property boundary shall be 180mm above and parallel to the gutter invert. Crossings shall be designed in accordance with Council’s standard drawing SD105 and specification.

- Construction of one lane 3 metres of the road pavement and any associated works fronting the subject site in Hampden Road.

The required plans must be designed in accordance with Council’s specifications (AUS-SPEC). A minimum of two (2) weeks will be required for Council to assess the Roads Act submissions. Early submission is recommended to avoid delays in obtaining a Construction Certificate. For the purpose of inspections carried out by Council Engineers, the corresponding fees set out in Council’s current Fees and Charges Schedule are payable to Council prior to issue of the approved plans. Approval must be obtained from Willoughby City Council as the road authority under the Roads Act 1993 for any proposed works in the public road prior to the issue of any Construction Certificate.



17. Detailed Landscape Design

Submit to the accredited certifier detailed landscape design prepared by a qualified landscape design professional for approval prior to issuing of a Construction Certificate. This information is to include the following information:

I. Amended Landscape Plan to reflect the approved design soft landscape areas and with tree planting generally in accordance with the Landscape Planting Plan Dwg No. L01/1-K19804 dated 15 Apr 15 prepared by Michael Siu Landscape Architects;

II. Incorporate at least one tree capable of attaining a minimum height of 10 metres at maturity in pot size of minimum size 200 litres

III. Incorporate at least one tree in the front landscape setback capable of attaining a minimum height of 10 metres at maturity

IV. Not include environmental weed species and trees listed as undesirable in the Willoughby Development Control Plan;

(Reason: Landscape amenity)

18. Internal Noise Levels Residential

To minimise the noise intrusion from any external noise source, the building shall be designed and constructed to comply with the following criteria with windows and doors closed:

Internal Space Time Period CriteriaLAeq (period)

Living Areas Any time 40 dB(A)Day (7am – 10pm) 40 dB(A)Sleeping AreasNight (10pm – 7am) 35 dB(A)

Note:

1. The above criteria does not apply to kitchens, bathrooms, laundries, foyers, hallways, balconies or outdoor areas.

2. The above criteria define the minimum acceptable levels. Buildings may be built to a better than average standard by applying more stringent criteria.

Certification from an appropriately qualified acoustic consultant that the building has been designed to meet this criteria shall be submitted to the Certifying Authority prior to issue of the Construction Certificate.(Reason: Amenity)

19. Noise from Transport Corridor

To minimise the impact of noise from any external noise source on the amenity of the occupants, the building shall be constructed in accordance with the recommendations and specifications of the acoustic report 610.15145 R1 by SLR Consulting Australia Pty Ltd dated 13 May 2015.

Details of the proposed acoustic treatment shall be submitted to the Principal Certifying Authority.(Reason: Amenity)



20. Building Ventilation

To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of:

a) The National Construction Code:i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/orii) Alterative solution using an appropriate assessment method

Details of all mechanical ventilation and exhaust systems, and certification provided by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifying Authority.(Reason: Ensure compliance)

21. Hazardous Building Material Assessment

A hazardous building material assessment shall be undertaken by an appropriate qualified person and is to be submitted to the Certifying Authority for approval. The assessment shall identify any likely hazardous materials within any structure to be demolished and provide procedures on how to handle and dispose of such materials.(Reason: Environmental protection/public health and safety)

22. Noise Mechanical Services

To minimise the impact of noise onto residential receivers, all mechanical services shall be designed and installed to ensure ambient noise levels are maintained. Details of the proposed equipment, siting and any attenuation required shall accompany the application for Construction Certificate.(Reason: Amenity)

23. Contamination Detailed investigation

A Stage 2 – Detailed Site Investigation shall be prepared by a suitably qualified contaminated land consultant and shall be in accordance with:a) Environment Protection Authority (EPA) 'Contaminated Sites - 'Guidelines for

Consultants Reporting on Contaminated Sites'; andb) Managing Land Contamination Planning Guidelines SEPP55 - Remediation

of LandThe detailed site investigation shall provide information about the extent of any contamination and the risks of any contaminants to health and the environment. The report shall be submitted to Certifying Authority and a copy to Council for its records for review and concurrence.(Reason: Environment and health protection)



24. Contaminated Land – Remedial Action PlanIf required after the site investigation has been completed, a Stage 3 – Remedial Action Plan (RAP) shall be prepared by a suitably qualified contaminated land consultant and shall be in accordance with:a) Environment Protection Authority (EPA) ‘Contaminated Sites – Guidelines for

Consultants Reporting on Contaminated Sites’ andb) Managing Land Contamination Planning Guidelines SEPP55 - Remediation of

LandThe RAP shall incorporate any findings in any Preliminary or Detailed Site Investigations for the site, it shall clearly state proposed clean up objectives, and demonstrate how the site can be made suitable for the proposed use.The RAP shall be submitted to Certifying Authority and a copy to Council for its records for review and concurrence prior to commencement of any remedial action works or any excavation, demolition or other building works undertaken that are not associated with the preparation of the RAP.(Reason: Environment and health protection)

25. Vehicular Access and Garaging

Driveways and vehicular access ramps shall be designed to provide adequate ground clearance to the underside of B85 vehicles. In all respects, the proposed vehicle access and/or parking spaces shall be designed and constructed to comply with the minimum requirements of AS/NZS 2890.1 and Council’s standard specification.(Reason: Vehicular access)

PRIOR TO COMMENCEMENT

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site, including demolition.

26. Licensee Details

The name, address and contractor licence number of the licensee who has contracted to carry out the work or the name and permit number of the owner-builder who intends to carry out the work shall be furnished in writing to the Certifying Authority.NB: Should changes be made for the carrying out of the work the Certifying Authority must be immediately informed.(Reason: Information)

27. Building Site Hoarding

Provision of a hoarding, complying with StateCover NSW requirements which is to be erected to restrict public access to the site (including demolition and/or excavation site) and building works, materials or equipment. A separate application is to be made to Council’s Infrastructure Services Division for this purpose should the hoarding be located on Council property. (Reason: Safety)



28. Dilapidation Report of Adjoining Properties

Submit a photographic survey and report of the adjoining residential properties to the PCA and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of these properties, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary.

In the event of a property owner refusing to allow access to carry out the photographic survey, the proponent must demonstrate in writing to the PCA, and provide a copy to Council, that the purpose of the survey was made clear to the property owner and that reasonable attempts to obtain access were made.(Reason: Protection of adjoining owners)

29. Dilapidation Report of Council’s Property

Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage on Council’s property.

This dilapidation report shall be submitted to Council and the Certifying Authority.(Reason: Protection of Council’s infrastructure)

30. Permits and Approvals Required

Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:-

a) Permit to erect Builder's hoarding where buildings are to be erected or demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.

b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval.

It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.



d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).

e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).

f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.

g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.

(Reason: Legal requirements)

31. Application for Vehicle crossing

Submit an application with fees to Council for the construction of a plain concrete vehicular crossing.(Reason: Protection of public asset)

32. Spoil Route Plan

Submit a “to and from” spoil removal route plan to Council prior to the commencement of excavation on the site. Such a route plan should show entry and exit locations of all truck movements.(Reason: Public amenity)

33. Geotechnical Report

The site and adjoining sites (including the road reserve or other public space) are to be inspected by an independent Geotechnical Engineer and a comprehensive report shall be submitted to the accredited certifier indicating how the work is to be undertaken with safety, and identifying the stages at which the engineers’ personal supervision is to occur during the works.(Reason: Protection of adjoining properties

34. Trees along the north-western boundary

The north-western boundary of the property is to be surveyed by a registered surveyor to establish if any part of the trees intended to be removed are located on the north-western adjoining property (33 Hampden Road) and any such trees are not to be removed without the prior written approval of the Executive of SP85261. (Reason: Tree management)



35. Underground Utility Services

Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works.All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant.(Reason: Protection of utilities)

DURING DEMOLITION, EXCAVATION AND CONSTRUCTION

The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction.

36. Hours of Work

All construction/demolition work relating to this Development Consent within the City, unless varied by an Out of Hours Work Permit, must be carried out only between the hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays.

An application for an Out of Hours Work Permit to allow variation to these approved hours must be lodged with Council at least 48 hours prior to the proposed commencement of the work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and must be accompanied by the required fee. One (1) permit is required for each variation to the approved working hours within any 24 hour period.

If a variation to these approved hours for multiple or extended periods is sought, an application under Section 96 of the Environmental Planning and Assessment Act 1979 must be lodged with Council at least twenty-one (21) days in advance of the proposed changes to the hours of work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and be accompanied by the required fee. Note: This S96 application may require re-notification in some circumstances.(Reason: Ensure compliance and amenity)

37. Construction Information Sign

A clearly visible all weather sign is required to be erected in a prominent position on the site detailing:

(a) that unauthorised entry to the work site is prohibited;(b) the excavator’s and / or the demolisher’s and / or the builder's name;(c) contact phone number/after hours emergency number;(d) licence number;(e) approved hours of site work; and(f) name, address and contact phone number of the Certifying Authority (if other

than Council)



ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED.

Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building.(Reason: Ensure compliance)

38. Building Site Fencing

Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control.

Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place and be maintained throughout construction.(Reason: Safety)

39. Provide Erosion and Sediment Control

Erosion and sediment control devices shall be provided whilst work is being carried out in order to prevent sediment and silt from site works (including demolition and/or excavation) being conveyed by stormwater into Council’s stormwater system natural watercourses, bushland and neighbouring properties. In this regard, all stormwater discharge from the site shall meet the requirements of the Protection of Environment Operations Act 1997 and the Department of Environment, Climate Change and Water guidelines. The control devices are to be maintained in a serviceable condition AT ALL TIMES.(Reason: Environmental protection)

40. Demolition Work AS 2601

Demolition works being carried out in accordance with the requirements of AS 2601 "The demolition of structures".(Reason: Safety)

41. Asbestos Disposal

All asbestos laden waste, including bonded or friable asbestos must be disposed of at a waste disposal site approved by the NSW Department of Environment, Climate Change and Water.

Upon completion of the asbestos removal and disposal the applicant must furnish the Certifying Authority with a copy of all receipts issued by the waste disposal site as evidence of proper disposal.(Reason: Environmental protection/Public health and safety)



42. Road and Footpath

Council's footpath, nature strip or roadway not being damaged and shall be kept clear at all times.(Reason: Maintain public safety)

43. No Storage on Foot/Roadway

Building materials, plant and equipment and builder’s waste, are not to be placed or stored at any time on Council’s footpath, nature strip or roadway adjacent to building sites unless prior written approval has been granted by Council.(Reason: Safety)

44. Skips and Bins

Rubbish skips or bins are not to be placed on Council’s footpath, nature strip or roadway unless prior written approval has been granted by Council.(Reason: Safety)

45. Excavations and Backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely, and must be properly guarded and protected to prevent them from being dangerous to life or property.(Reason: Safety)

46. Temporary Toilet Facilities

Temporary toilet facilities shall be provided to the satisfaction of the Certifying Authority.

The provision of toilet facilities must be completed before any other work is commenced on site. NOTE: Portable toilet facilities are not permitted to be placed on public areas without prior approval having been obtained from Council.(Reason: Health and amenity)

47. Sweep & Clean Pavement

Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council.(Reason: Legal requirement)

48. Street Signs

The applicant is responsible for the protection of all regulatory / parking / street signs fronting the property. Any damaged or missing street signs as a consequence of the development and associated construction works are to be replaced at full cost to the applicant.(Reason: Protection of public assets)



49. Tree Protection

Retain and protect the following trees and vegetation throughout the demolition and construction period:

i) All trees not indicated for removal on the approved plans, unless exempt or noxious in Willoughby LGA

ii) The above trees must be clearly marked and protection devices in place to prevent soil compaction and machinery damage.

iii) Tree roots greater than 50mm diameter are not to be removed unless approved by a qualified arborist on site. All structures are to bridge roots unless directed by a qualified arborist on site.

iv) Tree protection measures must comply with the AS 4970-2009 Protection of trees on development sites.(Reason: Tree management)

50. Storage of Materials on Council Land Prohibited

The dumping or storage of building materials, spoil, vegetation, green waste, or any other material in the Council reserve is prohibited.(Reason: Safety, environmental protection)

51. Waste Classification – Excavation Materials

All materials excavated and removed from the site (fill or natural) shall be classified in accordance with the Environment Protection Authority (EPA) Waste Classification Guidelines prior to being disposed of to a NSW approved landfill or to a recipient site.(Reason: Environment and health protection)

52. Hazardous Materials – Clearance Certificate

Following completion of the removal of any identified hazardous material associated with demolition works, a clearance certificate shall be issued by an appropriately qualified occupational hygienist and submitted to the Certifying Authority. The clearance certificate shall verify that the site is free from any hazardous materials from the demolished buildings.(Reason: Health and safety)

53. Dust Control

The following measures must be taken to control the emission of dust:

a) Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.



b) Any existing accumulation of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

c) All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system.

d) All stockpiles of materials that are likely to generate dust must be kept damp or covered.

e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

(Reason: Amenity)

54. Construction Noise

Construction noise shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline. Noise levels shall not exceed the rated background level by more than 10dB(A) at the most sensitive receiver during the standard construction hours. A noise monitoring plan shall be implemented during construction. Where noise levels may be exceeded appropriate measures to control excessive noise shall be implemented immediately.(Reason: Amenity)

55. Unexpected Finds Protocol

An unexpected finds contingency plan should be incorporated into site redevelopment works. In the event that previously unidentified contaminated soils or materials are identified during site redevelopment, works should cease in the immediate vicinity and the affected area isolated to minimise disturbance. A suitably qualified contaminated site consultant should be engaged to assess the degree, type and extent of contamination and establish a suitable remediation plan. The Site Manager/landowner shall notify Council in writing when they become aware of any contamination.(Reason: Environment & Health Protection)

PRIOR TO OCCUPATION OF THE DEVELOPMENT

The following conditions of consent must be complied with prior to the issue of an occupation certificate.

56. Section 73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained prior to occupation. Application must be made through an authorised Water Servicing Coordinator, for details see Customer Service, Urban Development at www.sydneywater.com.au or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Certifying Authority.(Reason: Ensure statutory compliance)



57. BASIX Certificate

A completion certificate is to be submitted to the Certifying Authority demonstrating the manner in which the measures committed to in the latest BASIX Certificate have been satisfied.(Reason: Environmental sustainability)

58. Access for the Disabled - Disability Discrimination Act

The building/development must comply with the requirements of the Disability Discrimination Act.

It should be noted that this approval does not guarantee compliance with this Act and the applicant/owner should investigate their liability under this Act.(Reason: Access and egress)

59. Fire Safety Certificate Forwarded to NSW Fire and Rescue

Upon completion of the building work a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Clause 172 of the Environmental Planning and Assessment Regulation 2000 in respect to each essential fire safety measure included in the Schedule attached to the Construction Certificate.(Reason: Safety)

60. Safer by Design

To minimise the opportunity for crime and in accordance with CPTED principles, the development shall incorporate the following:

i. In order to maintain a safe level of visibility for pedestrians within the development, adequate lighting to AS1158 is to be provided to all common areas including the basement car park, common open space and any common stair access to these areas and pedestrian routes, particularly including the waste storage areas.

This lighting shall ensure consistency to avoid contrasts between areas of shadow/illumination and preferably be solar powered and with an automatic/timed switching mechanism, motion sensor or equivalent for energy efficiency. Such lighting shall be installed and directed in such a manner so as to ensure that no nuisance is created for surrounding properties or to drivers on surrounding streets. Car parking lighting system is to be controlled by sensors to save energy during periods of no occupant usage.

ii. The ceiling and vertical structures of the basement parking area shall be painted white (or equivalent) in order to ensure good visibility, surveillance and less reliance on artificial lighting lux levels.

iii. Walls/screens between balconies shall be designed to avoid foot holes or natural ladders so as to prevent access between balconies/terraces within the development.



iv. Adequate signage within the development to identify facilities, entry/exit points and direct movement within the development.

v. A small portion of each storage area shall be of solid construction (i.e. Cupboard.

(Reason: Safety and surveillance, energy efficiency, amenity)

61. Allocation and Identification of Car Parking Spaces

Twelve (12) car parking spaces, including two (2) adaptable and two visitor spaces, are to be provided and physically identified on site and maintained free of obstruction. Car parking space R1 shall be provided as a second adaptable car parking space.

One car parking space shall be allocated for the exclusive use of each unit. Under no circumstances are car parking spaces to be used for the storage of goods or waste products.

An intercom shall be provided in a suitable location to enable visitors to access the visitor spaces within the secure basement car parking area.(Reason: Amenity)

62. Services - Electricity Supply and Telecommunication Mains

All existing and proposed electricity supplies and telecommunication mains and services around the perimeter of the site are to be relocated underground to the satisfaction of the relevant utility provider and Willoughby City Council at the full cost of the applicant.(Reason: Compliance)

63. Services - Mailboxes

All mail boxes provided on site are to comply with the requirements of ‘Australia Post’ in terms of size, location, numbering and clearing. Details of the requirements can be obtained from Australia Post or from their web site. Letter boxes for adaptable dwellings shall comply with AS 4299 Cl 3.8.(Reason: Legal)

64. Residential Flat Building - Clothes to be Dried in the Open Air

Where provision is made to enable clothes to be dried in the open air, this clothes drying area is to be screened by a fence or landscaping on the sides visible from public areas.(Reason: Amenity)



65. Residential Flat Building - Service Facilities

The following shall apply to the development:

i. Electricity and telephone lines must be placed underground from the street to the building.

ii. One storage area shall be allocated to each unit.

iii. A master TV antenna or satellite dish is to be provided for the building. This shall suitably screened from view from the street.

iv. All plumbing pipes and installations must be concealed in ducts and not exposed on the external walls of the building and must be adequately soundproofed.

v. Secure bicycle parking facilities shall be provided in accordance with Willoughby Development Control Plan Part C. 4 and designed in accordance with AS2890.3.

(Reason: Ensure compliance, streetscape and amenity)

66. Grated Box Drain

For stormwater control a 325 mm wide grated trench drain with a heavy duty removable galvanised grate is to be provided in front of the car parking door/basement parking slab to collect driveway runoff. The trench drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.(Reason: Proper disposal of stormwater)

67. On-site Water Management System

The stormwater runoff from the site shall be collected and disposed of via an approved OSD system in accordance with Sydney Water’s requirements, the NSW Code of Practice – Plumbing and Drainage, Council’s DCP and Technical Standards. The construction of the stormwater drainage system of the proposed development shall be generally in accordance with the approved design stormwater management plans and Council’s specification (AUS-SPEC).(Reason: Prevent nuisance flooding)

68. Sign for OSD system

An aluminium plaque measuring no less than 400mm x 200mm is to be permanently attached and displayed within the immediate vicinity of the OSD system.

The wording for the plaque shall state “This is the OSD system required by Willoughby City Council. It is an offence to alter any part of the system without written consent from Council. The registered proprietor shall keep the system in good working order by regular maintenance including removal of debris”.(Reason: Prevent unlawful alteration)



69. Certification of OSD

A suitably qualified and experienced civil engineer (generally CP Eng. Qualification) shall certify on Council’s standard certification form that the as-built OSD system is in accordance with the approved plans and complies with Council’s DCP and Technical Standards. Council’s standard certification form is available in the appendix of Council’s Technical Standard No.1.(Reason: Legal requirement)

70. Works-As-Executed Plans - OSD

Upon completion of the OSD System, the following shall be submitted to the Certifying Authority: Work-as-Executed plans based on the approved stormwater management

plans from a registered surveyor to verify that the volume of storage, PSD, water and floor levels are constructed in accordance with design requirements. Any minor changes or variations to the approved plans should be highlighted in red on the approved stormwater plans.

Engineer’s certification of the OSD system together with the completed Council’s standard form for On-Site Detention Record of Installation.

(Reason: Record of works)

71. S88B/S88E(3) Instrument

Create Positive Covenant and Restriction on the Use of Land on the Title in favour of Council as the benefiting authority for the as-built OSD system. The standard wording of the terms of the Positive Covenant and Restriction on the Use of Land are available in Council’s Technical Standards.

The above instruments shall be created under Section 88B of the Conveyancing Act 1919 for newly created lots. For an existing lot, the instruments can be created under Section 88E(3) of the Conveyancing Act 1919 using Form 13PC and 13RPA respectively. The relative location of the OSD system, in relation to the building footprint, must be shown on the final plan of subdivision/strata plan or must be shown on the scale sketch, attached as an annexure to the request 13PC and 13RPA forms. The S88B instrument or 13PC/13RPA forms shall be lodged with Council’s Standard S88B/S88E Lodgement Form with all supporting documentations listed in the Form. Council’s Standard Form is available from Council upon requested.

Documentary evidence of registration of these instruments with the Land and Property Information shall be submitted to the Principal Certifying Authority and Council prior to issue of any Occupation Certificate.(Reason: Maintenance requirement)



72. Documentary Evidence of Positive Covenant, Engineers Certificate

The following documentary evidence of the completed drainage works shall be submitted to Certifying Authority and Council: - Registered Positive Covenant and Restriction on the Use of Land by way of the

Title Deed. Certification from a suitably qualified and experienced civil engineer (generally

CP Eng. Qualification) for the as-built OSD system and/or plumber’s certification of the as-built rainwater reuse system.

Work-as-Executed plans highlighting in red based on the approved stormwater management plans from a registered surveyor for the as-built OSD system and/or rainwater reuse system.

(Reason: Public record)

73. Sight Lines

In order to ensure adequate sight distances for pedestrians and traffic in the frontage road, the boundary fence shall be designed and constructed by a 2mx 2.5m splay on the left hand side facing the property and a 1.5mx 2.5m splay on right hand side facing the property of the driveway exit.(Reason: Pedestrian safety)

74. Construction of Kerb & Gutter

Construct new kerb and gutter together with any necessary associated pavement restoration in accordance with Council’s specification for the full frontage of the development site with associated pavement restoration 3 metre wide in Hampden Road.(Reason: Public amenity)

75. Concrete Footpath

Construct s full width footpath for the full frontage of the development site in Hampden Road. All works shall be carried out In accordance with Council's standard specifications and drawings.(Reason: Public amenity)

76. Vehicular Crossing

Construct a new vehicular crossing including the replacement of the existing layback and/or gutter and any associated road restoration as directed by Council’s Engineers. All works shall be carried out in accordance with Council’s specification AUS-SPEC C271 and Council’s Standard Drawing SD105 - Council Vehicular Footpath Crossing and Kerb and Gutter details and any approved longitudinal sections. A separate application for the crossing including current fees and charges is to be submitted for approval by Council.

The crossing is to be 5.5 metres wide with no splays and is to be constructed at right angles to the street kerb in plain concrete. The new crossing shall be located no closer than 1 metre from any power pole and 2 metres from any street tree unless otherwise approved by Council. The centreline of the new crossing shall be "in-line" with the centreline of the parking space(s).



For the design levels of the vehicular crossing at the property boundary, the following shall be complied with: At back of layback – 100 mm above and parallel to the gutter invert. At property boundary – 180 mm above and parallel to the gutter invert.

The footpath which forms part of the proposed crossing shall have a maximum crossfall of 2.5%. The nature strip and footpath is to be adjusted for a minimum distance of 6 metres on both sides of the crossing to suit the new levels.

The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

All adjustments to the nature strip, footpath and/or public utilities’ mains and services as a consequence of the development and any associated construction works shall be carried out at the full cost to the Applicant. All driveway grades and transitions must comply with AS/NZS 2890.1.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)

77. Removal of Redundant Crossings

Remove all redundant crossings together with any necessary works and reinstate the footpath, nature strip and kerb and gutter accordingly. Such work shall be carried out in accordance with Council's specification.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)

78. Inspection of Civil Works on Road Reserves

All required road pavement, footpath, kerb and gutter, drainage works and/or any necessary associated works on the road reserve shall be completed in accordance with the Council approved drawings, conditions and specification (AUS-SPEC).

Pursuant to Section 138 of the Roads Act 1993, all works carried out on the road reserve shall be inspected and approved by Council’s Engineer. Upon completion, Work-as-Executed drawings prepared by a registered surveyor shall be submitted to Council for record purposes. A completion certificate shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority.(Reason: Ensure compliance)



79. Performance Bond

The Applicant shall lodge with the Council a performance bond of $15,000 against defective public civil works undertaken by the main Contractor for a period of twelve (12) months from the date of the completion certificate issued by Council as the road authority under the Roads Act 1993. The bond shall be lodged in the form of a cash deposit, cheque or unconditional bank guarantee which will be refundable subject to the approval of Council’s Engineers at the end of the maintenance period. In this period, the Applicant is liable for any part of the work which fails to achieve the design specifications. Council shall be given full authority to make use of the bond for such restoration works within the maintenance period as deemed necessary.(Reason: Ensure compliance and specification)

80. Vehicle Access - Construction & Certification

The Applicant shall submit, for approval by the Principal Certifying Authority, certification from a suitably qualified and experienced traffic engineer. This certification must be based on a site inspection of the constructed vehicle access and accommodation areas, with dimensions measurements as necessary, and must make specific reference to the following:

a) That the as-constructed carpark complies with the approved Construction Certificate plans.

a) That finished driveway gradients and transitions will not result in the scraping of the underside of cars.

b) That the as-constructed vehicular path and parking arrangements comply in full with AS2890.1 – 2004 in terms of minimum dimensions provided,

c) All parking spaces for people with disabilities did comply with Section 2.4 of AS2890.6.(Reason: Ensure Compliance)

81. Tree Planting

i) Trees are to be planted in accordance with the approved landscape planii) Certification of the required tree planting is to be provided to the Principal Certifying

Authority by the applicant’s landscape consultant for approval prior to issue of any interim or final occupation certificate

(Reason: Landscape amenity)

82. Emitted Noise - Air Conditioning

To minimise the impact of noise from the air conditioning unit on the occupants of adjoining residential buildings, the air conditioning system shall be installed so that the noise emitted from the air conditioning system shall be not more than 5dBA above the ambient background noise level measured at the boundaries of the property.

Certification from an appropriately qualified acoustic consultant that these design requirements have been met shall be submitted to the Certifying Authority.(Reason: Amenity)



83. Sound Level Output Certification

The sound level output from the equipment installed for the operation of the building shall not exceed 5dBA above the ambient background noise level measured at the boundaries of the property in accordance with the current Environment Protection Authority (EPA) guidelines for noise assessment. Certification of the level of sound output is to be provided by an appropriately qualified acoustical Consultant to the Certifying Authority.(Reason: Amenity)

84. Acoustic Works – Report

To ensure all acoustic work has been completed, certification shall be provided upon completion of the works, accompanied with evidence from suitably qualified and practising acoustic engineer, to the effect that the acoustic attenuation has been carried out in accordance with the acoustic report 610.15145R1 by SLR Consulting Australia dated 13 May 2015.

This includes the installation of:

Roof/Ceiling Construction to a minimum of; 150 mm concrete slab RONDO furring channel 50 mm Bradford Glasswool Partition cavity infill batts 1 layer of 10mm Gyprock plasterboard fixed to the furring channel

External wall construction a minimum of; 110mm brickwork 90mm timber studes at 600mm centres with 12mm minimum width cavity

between studs and masonry wall 75 mm Glasswool batts in cavity; and 10mm plasterboard internally, directly fixed to stud work

Northeast Facades - Other Habitable Areas and Sleeping Areas – Min Rw32 Standard size windows – 6.38mm laminated glass in heavy duty aluminium

frame with Q-Lon compressible rubber acoustic seals. Glazed doors – 8.38mm laminated glass in heavy duty aluminium frame with

Q-Lon compressible rubber acoustic seals.

All Remaining Facades – Other Habitable Areas and Sleeping Areas to have a minimum Rw26 rating.

Standard size windows – 6mm monolithic glass in heavy duty aluminium frame with Q-Lon compressible rubber acoustic seals.

Glazed Doors – 8mm monolithic glass in heavy duty aluminium frame with Q-Lon compressible rubber acoustic seals.(Reason: Amenity)



85. Certification – Ventilation

Certification shall be provided from a suitably qualified mechanical engineer certifying that all work associated with the installation of the mechanical and/or natural ventilation systems has been carried out in accordance with the relevant Australian Standards and or alternative solution.(Reason: Compliance)

86. Waste & Recycling Room

The waste and recycling container room shall be constructed to comply with all the relevant provisions of Willoughby Development Control Plan and in particular:-

a) The floor being graded and drained to an approved drainage outlet connected to the sewer and having a smooth even surface, coved at all intersections with walls.

b) The walls being cement rendered to a smooth, even surface and coved at all intersections.

c) Cold water being provided in the room with the outlet located in a position so that it cannot be damaged and a hose fitted with a nozzle being connected to the outlet.

d) A galvanised steel bump rail at least 50 mm clear of the wall being provided at the height of the most prominent part of the garbage containers.

(Reason: Health and amenity)

87. Motor Cycle Parking

One motorcycle parking space shall be provided. This space is to have an area of 1.2 metres x 3 metres.(Reason: Amenity)

88. Cycle Racks/Lockers

Bicycle racks and lockers for the use of residents/visitors to the premises shall be provided in accordance with the requirements of Part C4 (Transport Requirements for Development) of WDCP. (Reason: Amenity)

ADDITIONAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation.

89. Annual Fire Safety Statement

Attention is directed to Clause 177 of the Environmental Planning and Assessment Regulation 2000 regarding the submission of an Annual Fire Safety Statement in relation to each essential fire safety measure implemented in the building or on the land on which the building is situated.(Reason: Safety)



90. Public Infrastructure Restoration

Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to , delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council.(Reason: Protection of public assets)

91. Trees on Adjoining Properties

No approval is given for the removal or pruning of trees on the nature strip, adjoining reserves, or neighbouring private land.(Reason: Environmental protection)

92. Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997.(Reason: Amenity)

PRESCRIBED CONDITIONS

The following conditions are prescribed by S80A of the Environmental Planning & Assessment Act for developments involving building work.

93. Compliance with National Construction Code

All building works must be carried out in accordance with the performance requirements of the National Construction Code.(Reason: Compliance)

94. Support for Neighbouring Buildings

(1) If development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on an adjoining property, the person having the benefit of the development consent must, at the person’s own expense:a) protect and support the building, structure or work from possible

damage from the excavation, andb) if necessary, underpin and support the building, structure or work to

prevent any such damage, andc) must, at least 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 of the excavation to the owner of the building being erected or demolished.



(2) 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.

(3) In this clause, “allotment of land” includes a public road and any other public place.

(Reason: Safety)

STATUTORY REQUIREMENTS

The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants

95. Construction Certificate Required

This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000.(Reason: Ensure compliance and statutory requirement)

96. Notify Council of Intention to Commence Works

In accordance with the provisions of Clause 81A(2) of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Certifying Authority and give at least 2 days’ notice to Council, in writing, of the persons intention to commence the erection of the building.(Reason: Information and ensure compliance)

97. Occupation Certificate

The building/structure or part thereof shall not be occupied or used until an interim occupation / final occupation certificate has been issued in respect of the building or part.(Reason: Safety)

31 hampden road, artarmon nsw 2064

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