33 Henry Street, Queens Park – Internal alterations and a first floor addition to a semi-detached dwelling (DA 676/2009)

Report dated 13 April 2010 from the Development and Building Unit.

Recommendation: That the application be approved in accordance with the conditions contained in this report.

Referred to DCC on the request of Cr Main and seconded Cr Cancian for heritage reasons.

Development Assessment ReportDevelopment Application No. DA-676/2009Address 33 Henry Street, Queens ParkLodgement Date 22 December 2009Proposal Internal alterations and a first floor addition to a semi-

detached dwellingZoning and relevant controls Waverley Local Environmental Plan 1996

2(b) Residential – Medium DensityWaverley Development Control Plan 2006

Part D1 – Dwelling House and Dual Occupancy Development

Owner Mr T A SpinoloApplicant Cape Cod Australia Pty LtdBuilding Classification 1aSubmissions Four (4)Issues Heritage, height, floor space ratio, elevated external

deck and view loss.Recommendation APPROVAL subject to conditions in this report

Site Map.

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1. PREAMBLE

1.1 The Site and its Locality

The subject site is located on the west side of Henry Street, Queens Park. Located at the rear and directly west the site is Queen Park. The site is rectangular in shape, with a 5.7meastern frontage to Henry Street, northern side boundary of 33.53m, southern side boundary of 31.67m and a rear boundary to Queens Park of 5.91m. The site has a total site area of 202.3m². The site contains a fall down to the rear boundary with Queens Park of approximately 2.64m.

Existing on site is a single storey Federation semi-detached dwelling with a rear under croft level. No on site vehicular access or car parking is provided. Surrounding the site is a variety of residential developments, including detached and semi-detached dwellings.

1.2 Background

Nil.

1.3 Proposal Description

The proposal is for internal alterations to the ground floor and a first floor addition containing a bedroom with ensuite, retreat area and a large balcony to an existing single storey semi-detached dwelling with rear under croft level.

2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments

2.1.2 Waverley Local Environmental Plan 1996

Clause 3 – Specific Aims, Clause 10 – Zone Objectives and Clause 21 – Environmental ConsiderationsThe site is zoned 2(b) Residential – Medium Density under the Waverley Local Environment Plan (LEP) 1996. As the proposal is an additional floor to an existing semi-detached dwelling the proposal is considered to satisfy the Specific Aims and Objectives of the 2(b) Residential – Medium Density zone. The proposal is considered unlikely to result in unreasonable environmental impacts and therefore is considered to satisfy clauses 21-26.

Part 4 – Heritage ProvisionsThe site is within the vicinity of a Heritage Landscape items (L28), being “Queens Park, Darley Road, Bondi Junction” which is located at the rear of the site. Queens Park is also is on the State Heritage Inventory. The site is also located in the Queens Park Residential Character Study Area as detailed in the Waverley DCP 2006.

Subject to modifications which are detailed latter in this report the proposed internal alterations and first floor addition to the semi-detached dwelling are acceptable in regards to clauses 49 of Council’s LEP and under the Heritage Act.

The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

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2.1.3 Waverley Development Control Plan 2006, Part D1 – Dwelling House & Dual Occupancy Development

COMPLIANCE CHECK

Control Standard Proposed ComplianceHeight Wall Max.–7 metre

Roof Max.–8.5 metre 8.1m 10.1m

NoNo

Floor Space Ratio(Site Area 202.3m²)

0.85:1(171.95m²)

1.02:1(+34.41m² or +17%)

No

Setbacks Side 900mm Front and rear est.

building line

1400mm Retains est. front and

rear building lines

YesYes

Elevated external decks

10m² in area 1.5m depth

19.7m² (+9.7m²) 4.2m (+2.7m)

NoNo

The proposal’s non-compliances with Council’s DCP are discussed below.

Height (Wall and Roof)The proposed maximum wall height of 8.1m provides a 1.1m non-compliance with the height controls. While the proposed maximum roof height of 10.1m provides a non-compliance of 1.6 m. In addition to the numeric height controls the Waverley DCP contains a number of objectives for a building height, these are detailed as follows:

“Objectives(a) To ensure the height and scale of development relates to the topography

with minimal cut and fill;(b) To minimise loss of views from other dwellings;(c) To minimise loss of privacy to other dwellings;(d) To maintain acceptable solar access to dwellings and adjoining

open-space;(e) To minimise bulk-related impacts of dwelling-house and dual

occupancy development;(f) To ensure buildings enhance the predominant neighbourhood

and street character; and(g) To ensure that visual impacts of the scale of dwelling-house and

dual occupancy development are acceptable.”

This departure from Waverley DCP height controls is in part a result of the fall of the site to the rear. In the event of a non-compliance Council may consider varying the numeric height controls, subject to the following considerations:

“Council may consider varying the dwelling height control in the followingcircumstances:

the proposed departure from the control will result in a better environmental planning outcome than that which could have been achieved on the site had the control been complied with; and

the proposed development will be in the public interest by being consistent with the strategy and objectives expressed in the relevant Section.

A better environmental planning outcome shall be achieved by demonstrating that the relevant control is unnecessary because of unusual site characteristics (sloping sites, characteristics of the area and surrounding development), or comprises either:

(a) high design quality, or(b) social benefit to the community.”

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The additions proposed comply with the recommended strategy for additions to semi-detached dwellings in the DCP (see cl. 5.4.5 of Part D1) and if the site were level the first floor additions would be ‘just’ under the relevant height controls for the site. The volume and floor to ceiling height proposed in the addition are modest and a further reduction in the height of the addition would be considered unreasonable. The site is also in a residential 2(b) zone, where a 9.5m height limit would apply to a residential flat development on the site.

The non-compliances with the site’s height control are accepted in this instance.

Floor Space Ratio (FSR)The proposed first floor addition to the semi-detached dwelling results in a non-compliant FSR of approximately 1.02:1, which represents an additional gross floor area (GFA) of 34.41m² or 17%, beyond Council’s FSR control of 0.85:1.

Although the proposed first floor addition results in a non-compliance with Council’s control for FSR, the additional gross floor area is considered acceptable with regards to the objectives contained Section 5.2 of the DCP. The addition is modest, conforms to the relevant DCP strategy for semi-detached dwellings and part of the floor space of the existing building is within a sub floor area. In this instance the proposed numerical non-compliance with Council’s FSR control is supported.

Elevated External DecksFirst floor rear deckThe proposed first floor rear deck located off the retreat area contains a non-compliant depth of 4.2m and area of 19.7m². The site faces a park and adjoining houses all have large decks facing this park. A degree of non-compliance with Council’s deck control is reasonable in this instance, given the site faces a park to its rear. However the primary concern here is moderating the visual bulk of this structure. The proposed first floor rear deck is to be reduced to a maximum depth of 2.5m and is to be set in line with the north side wall of the first floor addition.

The proposed masonry wall between the site and adjoining semi-detached dwelling is considered to contribute unnecessary the bulk to the first floor deck and is recommended to be modified to a more light weight structure. To protect the visual privacy of neighbouring dwellings a 1.8m high privacy screens are to be provided along the north and south side of the deck. These modifications are included in condition 2 general modifications of this consent.

StreetscapeThe subject application was internally referred to Council Heritage and Urban Planning advisor for comments regarding the proposal proximity to the Heritage listed Queens Parkand streetscape considerations, the following comments were provided:

“Proposed Development The application proposes alterations and additions including construction of first floor additions set behind the principle ridgeline and incorporating rear balconies separated by a raised masonry party wall.

CommentsThe proposed works are prominent by virtue of location and volume and utilise the adjacent parklands to advantage. However the bulk and form of the additions require further refinement both in terms of the interface of new and existing built fabric and appearance when viewed from Queens Park.

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Issues of neighbours amenity (view loss) have also been raised. The later would be substantially resolved by provision of a low pitch metal roof preferably with some parapet detailing to the outer sides rather than the proposed hipped roof form This would improve appearance of the works fro the rear, particularly in the event of the adjacent residences being developed separately. The low roof form would retain the existing roof form as the main aspect of the building seen from the street and reduce the impact of the works viewed from the park.

RecommendationsIn order to improve the relationship of the proposal to the existing setting and adjacent parklands it is recommended that the applicant provide a more considered treatment of the works. Aspects of the design which should be considered include:

The provision of a low pitch metal roof with side parapets – retaining the existing hipped tile roof to the residence.

The improved articulation of the first floor addition breaking up the bulk when viewed from the side and rear.

Lowering of the height and reduction in the extent of the brick screen wall to the rear deck.”

As detailed previously, the height of the proposed development is reasonable on planning grounds. In addition as the proposed first floor is setback well behind the existing ridgeline the addition will be only partially visible from the street. Nevertheless, the first floor rear deck and associated fin wall is considered visually excessive and a softer treatment to Queens Park is warranted. A condition requiring a reduced deck and visually softer treatment of this aspect of the proposal is recommended.

The proposal is considered acceptable with regards to Council’ streetscape controls.

Queens Park Character Study AreaSubject to satisfying condition 2 general modifications of this consent, the proposal is considered acceptable with regards to the Queens Park Character Study Area.

2.1.4 Other Matters

Solar Access/OvershadowingThe proposal retains the established rear building line and the bulk of the addition is considered acceptable and therefore any additional overshadowing is considered acceptable in this instance.

ESDA BASIX Certificate has been submitted with the application, demonstrating compliance with ESD principles.

Safety and securitySafety and security will remain generally unchanged.

ViewsThe proposal would impact on the views to the west (City skyline) of properties directly to the east of the site (Nos. 24, 26 and 30 Henry Street). These views are generally from first floor bedroom areas only.

As stated, the bulk and scale of the addition is considered reasonable and considered to generally comply on merit with the planning controls for the site. The hipped roof form of the addition will still allow for view sharing through the site and it is also noted that the affected views are partial views, filtered through street trees.

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3 REFERRALS

3.1 Internal

Heritage and Urban DesignThe application was internally referred to Council’s Heritage and Urban Planning advisor and his comments were previously discussed.

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

The proposed works are generally considered satisfactory and are not likely to unduly impact upon the natural and built environment including social and economic impacts in the locality.

Section 79C(1)(c) - The suitability of the site for the development.

The proposal is generally suitable in the 2(b) Residential – Medium Density zone.

4. PUBLIC SUBMISSION

The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development and four (4) submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

31 Henry Street North (neighbour) Privacy impacts and size of deck.

Privacy screen to deck.

30 Henry Street East (across Henry Street) DCP noncompliance and loss of views.

Land and Environment Court decision on 37 Henry Street.

Proposal should comply with DCP controls.

24 and 26 Henry Street

(Joint submission)

East (across Henry Street) Loss of views.

Third floor habitable space.

Roof and resulting architectural form.

Statement of Environmental Effects.

Noncompliance with DCP controls.

31 Henry StreetIssue: Privacy impacts and size of deck.Comment – See section 2.1.3 Waverley DCP – Elevated External Decks.

Issue: Privacy screen to deck.Comment – Privacy screen provided by condition of consent see condition 2.

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30 Henry StreetIssue: DCP noncompliance and loss of views.Comment - See sections 2.1.3 Waverley DCP and 2.1.4 Other Matters – View Sharing.

Issue: Land and Environment Court decision on 37 Henry Street.Comment – The Land and Environment Court decision regarding 37 Henry Street has been reviewed and as the proposals are significantly different, the commissioners reasoning for the 37 Henry Street judgement cannot be applied to the subject development application.

Issue: Proposal should comply with the Waverley DCP controls.Comment – See sections 2.1.3 Waverley DCP – Height, FSR and 2.1.4 Other Matters –View Sharing.

26 Henry StreetIssue: Loss of views.Comment - See section 2.1.4 Other Matters – View Sharing.

Issue: Third floor habitable space.Comment – The proposed first floor addition is in no way separate from the subject semidetached dwelling.

Issue: Roof and resulting architectural form.Comment - See section 2.1.3 Waverley DCP – Height and Streetscape assessment.

Issue: Statement of environmental effects.Comment – The submitted SEE is considered to address the relevant matters under Section 79(c) of the Environmental Planning and Assessment Act 1979.

Issue: Noncompliance with DCP controlsComment - See sections 2.1.3 Waverley DCP – Height, FSR and 2.1.4 Other Matters – View Sharing.

Section 79C(1)(e) - The public interest.

The application has been considered with regards to the public interest and is consideredsuitable with regards to Section 79C(1)(e) of the Act.

5. DEVELOPMENT BUILDING UNIT (DBU) REVIEW

The DBU noted the non-compliances with the height and floor space ratio controls for the site but considered these aspects of the proposal acceptable, for the following reason:-

1. The first floor addition is modest, well mannered and complies with the DCP strategy for semi-detached dwellings.

2. There is a steep fall across the site to the rear. If the site were flat it would be ‘just’under the height controls for the site. The height non-compliance is reasonable given the topography of the site.

3. Part of the floor space ratio of the existing house is ‘hidden’ in a subfloor level and the bulk and scale of the building is not out-of-context with adjoining dwellings and the expectation’s of the site’s Residential 2(b) zone.

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Nevertheless, the DBU was aware that the property backed onto a local and state heritage item (Queens Park) and that the visual presentation of the rear deck was considered bulky and clumsy. A condition reducing the size / bulk of this part of the proposal is recommended.

The DBU is also aware of the previous NSW Land and Environment Court appeal concerning a three (3) storey new house at 37 Henry Street. The DBU supported a version of this dwelling and has never had a fundamental objection to a three (3) storey presentation to Queens Park. Nevertheless, the presentation of this proposal is considered to be a much softer and less bulky building form than that proposed at No. 37. The third level in this instance is well setback from the rear and front of the dwelling, modest and provided with a hipped roof form. The building refused by Council and ultimately the Court at 37 Henry Street provided for a full third level and a flat roof form (much was made of the incongruous nature of a flat roof form in this streetscape and these consent authorities expressed a preference for a hipped roof form to address the park). This development is not considered to be inconsistent with the decision made in respect to 37 Henry Street.

The application is recommended for approval subject to conditions of consent.

6. RECOMMENDATION

That Development Application No. DA-676/2009 at 33 Henry Street, Queens Park for internal alterations and a first floor addition to semidetached dwelling including a rear balcony beAPPROVED by the Development Control Committee, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Plan Nos. 2 of 6, 3 of 6, 4 of 6, 5 of 6 and 6 of 6, prepared by Cape Cod Australia Pty Ltd, and received by Council on 21 December 2009,

(b) BASIX Certificate; and

(c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006.

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS

The proposal shall be amended as follows:

(a) The proposed first floor rear deck is to be reduced to a maximum depth of 2.5m and to align with the width of the first floor addition. The rear roof form of the existing house is to be generally retained;

(b) 1.8m high privacy light-weight screens are to be provided along the north and south side of the deck; and

(c) The external finish of the first floor addition is to be brickwork to match the existing masonry finish of the building.

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The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. USE OF DWELLING

The premises are to be used only as a single unit dwelling house.

4. CONCURRENT WORKS TO ADJOINING SEMI-DETACHED DWELLING

The proposed additional storey and associated works for 33 Henry Street, Queens Park shall be constructed concurrently with the proposed additional storey and associated works for 35 Henry Street, Queens Par approved under Development Consent No. 675/2009.

In this regard Council shall be notified in accordance with the requirements of Section 81A(2)(c) of the Environmental Planning & Assessment Act 1979 of the intention to commencework concurrently at both 33 and 35 Henry Street, Queens Park prior to work commencing on either property.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

5. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed andsubmitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more:"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note- A development valued at $100,000 or less will be exempt from the levy.- A development valued at $100,001 - $200,000 will attract a levy of 0.5%.- A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

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6. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $4,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

7. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

8. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

9. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

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10. EROSION, SEDIMENT AND POLLUTION CONTROL

Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

11. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 4) - Part G4 prior to the issue of a Construction Certificate.

12. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

13. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY

A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

14. EXISTING PARTY WALL IS TO BE EXTENDED

The existing party wall is to be extended to the underside of the roof in accordance with the requirements of the Building Code of Australia. The plans are to be notated accordingly prior to the issue of the Construction Certificate to the satisfaction of the Principal Certifying Authority.

15. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent.

The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate.

The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

16. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

(b) the name and permit number of the owner/builder who intends to do the work; and

(c) any change to these arrangements for doing of the work.

17. HOME BUILDING ACT

The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

18. CONSTRUCTION SIGNS

Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

19. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(a) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and

(b) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

20. DILAPIDATION REPORT

A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining property at 35 Henry Street, Queens Park prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and

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external), including ancillary structures located upon the adjoining property at 35 Henry Street, Queens Park.

21. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;

(b) confirm that no asbestos products are present on the subject land; or(c) particularise a method of safely disposing of the asbestos in accordance with the

Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);(d) describe the method of demolition;(e) describe the precautions to be employed to minimise any dust nuisance; and(f) describe the disposal methods for hazardous materials.

22. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

23. SOIL AND WATER MANAGEMENT PLAN

A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

24. STOCKPILES

Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

25. LOCATION OF BUILDING OPERATIONS

Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

26. ALL BUILDING MATERIALS STORED ON SITE

All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

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27. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and(c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000.

28. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

29. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

30. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

31. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 1 and 10 building:(a) at the commencement of building work;(b) after excavation for, and prior to the placement of, any footings;(c) prior to pouring any in-situ reinforced concrete building element;(d) prior to covering of the framework for any floor, roof or other building element;(e) prior to covering any waterproofing in any wet areas;

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(f) prior to covering any stormwater drainage connections; and(g) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building.

The following additional inspections are required to be undertaken by the PCA:

(a) sediment control measures prior to the commencement of building work;(b) foundation material prior to undertaking building work;(c) shoring of excavation works, retaining walls, piers, piling or underpinning works;(d) steel reinforcement, prior to pouring concrete;(e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns;

Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

32. STRUCTURAL STABILITY OF ADJOINING SEMI-DETECHED DWELLING'S ROOF

Adequate measures are to be undertaken to ensure structural stability and water proofing of the existing roof over the adjoining semi-detached dwelling having particular regard to the following:

(a) adequate measures are undertaken to secure the existing rafters and ridge to the brickwork of the party wall; and

(b) adequate measures are undertaken to ensure that the roof where it abuts the extended party wall is water proofed.

33. ENCROACH BEYOND THE BOUNDARIES

No portion of the proposed first floor addition including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

34. WATER PROOFING

The floor and wall surfaces of the proposed wet areas are to be protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

35. SMOKE ALARM SYSTEM

A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.

36. SERVICE PIPES

All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

37. FINAL OCCUPATION CERTIFICATE

The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

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