agenda of development committee - 21 july 2009€¦ · 21/07/2009 · development committee page 2...

Development Committee

AGENDA NO. 06/09

Meeting Date: Tuesday 21 July 2009 Location: Committee Room 3, Level 5, Civic Centre Time: 4.00pm

NOTICE OF BUSINESS Item CONFIRMATION OF MINUTES ...................................................................... 1 2 6A FAIRYLAND AVENUE, CHATSWOOD WEST. Lot 1 DP 849609.

Building Certificate No. 2009/7. INSPECTION 4:20PM / INTERVIEW 5.10PM.................................................. 2

3 52-78 ROWE STREET & 20 FIRST AVENUE, EASTWOOD. Local Development Application for Demolition of Existing Buildings and Construction of a Mixed-Use Retail / Commercial / Residential Complex. LDA2008/0744. INSPECTION 4.50PM / INTERVIEW 5.15PM................................................ 19

Development Committee Page 1

Agenda of the Development Committee Report No. 6/09, dated Tuesday 21 July 2009.

1 CONFIRMATION OF MINUTES

File Number: GRP/09/6/5 - BP09/504

RECOMMENDATION: That the Minutes of the Development Committee No. 05/09 held on 16 June 2009, be confirmed.



2 6A FAIRYLAND AVENUE, CHATSWOOD WEST. Lot 1 DP 849609. Building Certificate No. 2009/7.

INSPECTION: 4:20PM INTERVIEW: 5.10PM

Report prepared by: Building Surveyor - Compliance Report approved by: Manager - Health and Building; Group Manager Environment

& Planning Report dated: 13/07/2009 File Number: BCT2009/7 - BP09/517

1. Report Summary Applicant: Paul Denny Conveyancing Owner: Patricia M Worthington Date lodged: 10 March 2009. The purpose of this report is for Councillors to consider a Building Certificate application that seeks to “legalise” a structure (sunroom) erected without the prior consent of Council. The Building Certificate application is the subject of a contract of sale in a property settlement. The report recommends a number of options for Council to consider in its determination of the building certificate application BCT2009/7. The following information is relevant in the consideration of the building certificate application BCT2009/7: • The site coverage (including the unauthorised sunroom) was approved in

principle under Building Application No. 237/1997. This application sought approval for the erection of a roofed timber pergola and patio at the rear of the dwelling.

• The unauthorised sunroom was erected approximately 7 years ago. • The adjoining neighbours have raised no concerns to the structure which has

been erected since its erection. • The structure has been certified by an independent Building Consultant as

complying with the performance requirements of the Housing Provisions of the Building Code of Australia for a Class 1a structure.

• The addition is not visible from the street and does not impact upon the

existing streetscape. Reason for Referral to Development Committee: Requested by Group Manager

Development Committee Page 3 ITEM 2 (continued)


2. Background The property is known as 6A Fairyland Avenue, Chatswood West and is situated on the northern side of Fairyland Avenue between River Avenue and Lobelia Street. Currently existing on the site is a two storey duplex. The subject site is rectangular in shape with a frontage of 9.715m and slopes away from Fairyland Avenue. The site has a total area of 336.8m2. Consent for a two storey duplex was granted on 13 September 1994. Subsequent to that approval a Building Application was approved for a roofed timber pergola on 28 April 1997. The pergola was approved to the rear of both dwellings (6 and 6A) in the duplex development. It is understood that an enclosed sunroom was erected within the same envelope as the approved pergola approximately 7 years ago. A review of Council aerial photographs has revealed that the area covered by the sunroom had in fact been paved since 2001 (ATTACHED AND UNDER SEPARATE COVER). An aerial photograph of 2003 (ATTACHED AND UNDER SEPARATE COVER) shows that a structure had been built over this existing paved area. As part of the sale of the property, Building Certificate application BCT2009/7 was lodged with Council on 10 March 2009. An inspection of the property on 25 March 2009 revealed that a sunroom had been erected at the rear of the dwelling without the prior consent of Council. The structure is of lightweight construction with a metal and polycarbonate roof with a concrete floor. As the structural integrity of the sunroom had not been certified by Council or an appropriately qualified professional, the following issues were identified:

• No Certification of the structural integrity. • Building Code of Australia (BCA) compliance with regard to damp and

waterproofing of the structure to ensure it complies with health and amenity requirements of the Housing Provisions of the BCA.

• Provision of termite protection to ensure that the structure complies with the requirements of Part 3.1.3 “Termite Risk Management” under the Housing Provisions of the BCA.

• Fire separation requirements of the BCA. Following a series of meetings, the owner was advised that the matter would be referred to Council's Assessment Unit for a merit assessment of the development against Council's planning controls. In addition to this, the sunroom would need to be certified as complying with the Building Code of Australia. The matter was referred to Council Development Assessment Unit and their assessment comments are provided later in this report under Consultation.


Agenda of the Development Committee Report No. 6/09, dated Tuesday 21 July

Council received building reports from appropriately qualified professionals to certify the sunroom in June (attached and under separate cover) and July 2009. The reports conclude that the structure complies with the Building Code of Australia. 3. Management Plan Linkages Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.

Assets This matter has no direct relationship to this key outcome area.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):

G5 Compliance with all legislative requirements and statutory obligations. The sunroom at the rear of the dwelling was constructed without Council consent. The applicant is exercising their opportunity to have the structure “legalised” through a Building Certificate application. 4. Consultation – Internal and External Internal Council business units consulted:

Team Leader - Assessment: “Council's Team Leader Assessment was requested to provide comments regarding compliance with the controls for duplex developments in the Ryde Planning Scheme Ordinance and DCP 2006, in particular whether or not the proposal could have been supported if it was lodged as a new DA or Section 96 application (before construction) - instead of the current situation where a building certificate has been lodged retrospectively regarding the unauthorised works. It was advised that the DA for the duplex (dual occupancy) was approved by Council on 13 September 1994, and the report to Council indicated that the development had a total floor space of 347m2 (= FSR 0.49:1 given the site area of 713.8m2). The proposal for the enclosure of former patio areas to create a family room/sunroom area (which has been done on both of the duplex units) adds 60.6m2 of additional floor area to what was already approved. The total floor space (both units combined)

2009.



is now 407.6m2 - which equates to an FSR of 0.57:1, which substantially exceeds the maximum FSR of 0.5:1 (contained in the RPSO and DCP 2006). Council officers could not have supported this development if it was presented as a new DA or Section 96 application before being constructed, without a reduction in floor space elsewhere in the development to comply (so that the overall bulk and scale of the development is acceptable). It results in a significant non-compliance to the FSR controls, and Council's assessment officers do not have delegation to approve such a significant non-compliance.”

Comment

The non-compliance of the numerical FSR requirement is acknowledged in the advice above, however the following has not been given consideration during the above assessment: • The total site coverage (including the sunroom) of the built form on the property

has not varied since the approval of the pergola under Building Application No. 237/1997. The sunroom sits within the approved building envelope.

• FSR is a numerical measure for controlling bulk and scale. A single storey

lightweight structure at the rear of a two storey duplex on a site that slopes away from the street, does not add an adverse impact of bulk and scale. The majority of materials used in construction (glazing and laserlight roofing) are transparent and add no visual impact.

• The colour of the sunroom is consistent with that of the duplex. It is considered that the sunroom should be allowed to remain based on the fact that the approved site coverage of the built form on the property has not been exceeded. 5. Critical Dates

There are no critical dates or deadlines to be met. 6. Financial Impact

Adoption of the recommendation outlined in this report will have no financial impact. 7. Other Options a. Approve Building Certificate application BCT2009/7. b. Refuse Building Certificate application BCT2009/7. c. Approve Building Certificate application BCT2009/7 subject to the unauthorised

components of the structure (infill panels) being removed and converted back to a pergola.



8. Conclusion: The unauthorised sunroom has been erected for approximately 7 years, and is entirely within the approved site coverage of the property. The sunroom complies with the performance requirements of the Building Code of Australia and does not impose any unreasonable impacts to adjoining properties. RECOMMENDATION: For the consideration of Council ATTACHMENTS 1 Map 2 Building Application File 237-1997 3 Building Report prepared by Greenfield Accredited Certifiers dated 25 June

2009 & Addendum dated 30 June 2009 4 Aerial photos Report Prepared By: Anita Gondan Building Surveyor - Compliance Report Approved By: Scott Cox Manager - Health and Building Dominic Johnson Group Manager Environment & Planning

Development Committee Page 7 ITEM 2 (continued) ATTACHMENT 1


2009.



2009.



3 52-78 ROWE STREET & 20 FIRST AVENUE, EASTWOOD. Local Development Application for Demolition of Existing Buildings and Construction of a Mixed-Use Retail / Commercial / Residential Complex. LDA2008/0744.

INSPECTION: 4.50PM INTERVIEW: 5.15PM

Report prepared by: Team Leader Major Developments Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 2/07/2009 File Number: lda2008/744/003 - BP09/499

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Bucasia Pty Limited. Owner: Complete Hardware Ltd. Date lodged: 7 November 2008.

This report considers a proposal for the demolition of all existing buildings which were previously used as Complete Hardware and the erection of a mixed use retail / commercial / residential development. The development will contain 2 buildings. These buildings are only attached due to a basement level truck manoeuvring area. The building facing Rowe Street will contain 2 levels of retail and commercial uses and 2 levels of residential units as well as parking for 227 vehicles in 3 basement level car parks. The First Avenue building will contain 3 levels of residential units with car parking for 16 vehicles beneath the building. The character of Rowe Street is currently under transition and this building has been designed to reflect the future character of the area. The development complies with the relevant planning controls with the exception of height and a minor variation in terms of the sun altitude height plane and front setback. Despite these variations, the architectural characteristics and design of the building will provide an appropriate streetscape with minimal impacts to the adjoining properties. The First Avenue building has been designed in context with the other residential flat buildings located along First Avenue. This building fails to comply with the density, landscaped area and setbacks requirements of the planning controls. These non-compliances occur due to the site being a remnant site as well as the development being consistent with the context of the adjoining developments. The development application is recommended for approval. Reason for Referral to Development Committee: Nature of the proposed development.



Public Submissions: 4 submissions were received objecting to the original

development. 2 submissions were received objecting to the amended development.

SEPP 1 Objection received? 2 SEPP 1 objections were received. One in respect to height of the Rowe Street building and the other in respect to the front setback of the First Avenue building. Value of works: $17.5 million 2. Site (Refer to attached map.)

Address : 52-78 Rowe Street & 20 First Avenue, Eastwood.

Lots 1 and 2 DP 214786, Lot B DP 371880, Lots 1 and 2 DP 395709, Lot 9 DP 3962 and Lot 25 DP 660052.

Site Area :4326m2

Frontage to Rowe Street and First Avenue of 71.02 metres and 20.1 metres respectively. Depth of the Rowe Street site is 50.29 metres and 37.5 metres to the First Avenue site.

Topography and Vegetation : The only vegetation on the site occurs on the 20 First Avenue site. This consists of a gum tree in the south-eastern corner and paperbarks along the eastern and western side boundaries. Existing Buildings : The site was previously used by Complete Hardware Ltd

as a hardware store and contains a number of old retail/commercial buildings. The rest of the site is paved for either car parking, loading facilities, vehicular manoeuvring areas and circulation.

Planning Controls Zoning : Business (Urban Village) 3(uv) and Residential 2(c5) Other :Environmental Planning and Assessment Act, 1979 Ryde Planning Scheme Ordinance State Environmental Planning Policy 1 State Environmental Planning Policy 65 State Environmental Planning Policy (Basix) Draft State Environmental Planning Policy 66 Sydney Regional Environmental Plan (Sydney Harbour

Catchment) 2005 Draft Local Environmental Plan 2008 Development Control Plan 2006



2009.

3. Councillor Representations: Nil. 4. Political Donations or Gifts Any political donations or gifts disclosed? None disclosed. 5. Proposal The development proposes the demolition of all existing buildings on the site and the erection of a mixed use retail / commercial / residential development containing 2 buildings. The larger of the two buildings is located on the site with a frontage to Rowe Street. This building will contain two levels of retail and commercial floor space with two levels of residential development located above the retail and commercial floor space. The building will contain a gross floor space of approximately 4975m2 of retail and commercial floor space over the two levels. The building will have zero setbacks to the street, side boundaries and part of the rear boundary. Due to the slope of the site, each level has pedestrian access directly to Rowe Street. The two levels will be connected by a travelator as well as stairs and a lift. The development has proposed a total of 8 tenancies ranging in size from 75m2 to 1385m2 as well as 330m2 of space for kiosks. The largest tenancy is proposed to accommodate a small sized supermarket, however this would be subject to a new development application. This building also proposes 38 residential apartments consisting of 14 x 1 bedroom, 20 x 2 bedroom and 4 x 3 bedroom apartments. These apartments have all been erected around a communal open space in the middle of the site. The residential



units will be accessed from either lifts in the basement or from two entries on Rowe Street. The building will also contain 3 levels of basement car parking providing a total of 227 car parking spaces as well as a loading zone for the retail / commercial component. Access to the basement is located via a driveway along the western boundary of the site. The residential parking is proposed on basement level 3 and the retail and commercial parking is located on basement levels 1 and 2. A loading dock is also proposed on basement level 2. To provide adequate turning space for the trucks, a vehicular manoeuvring area is proposed beneath the building on 20 First Avenue. The second building is located on 20 First Avenue. This building contains 3 residential levels with parking beneath and will contain a total of 12 apartments consisting of 9 x 1 bedroom and 3 x 2 bedroom dwellings. Parking for 16 vehicles is located beneath this building. Vehicular access to this building is from First Avenue. The materials and finishes to be used in the construction of the external façade of the buildings will include: Walls – Partly face brick / partly rendered painted brick and glazed features. Windows – Pre-finished powdercoated aluminium. Roofs – Colourbond steel flat roof. Balustrades – Pre-finished powdercoated aluminium with glazed infills. Strata subdivision of the development is also proposed. 6. Background The development application was lodged on 7 November 2008 for the construction of a mixed use retail / commercial / residential development containing 4975m2 of retail / commercial floor space, 60 apartments and 243 car parking spaces. The original plans were advertised and notified to adjoining property owners from 26 November 2008 until 22 January 2009. During this time a total of 4 submissions were received. Following a detailed assessment of the development application, a letter was sent to the applicant on 19 February 2009 advising the applicant that in its current form the development application could not be supported by Council’s Officers. This was due to the development resulting in numerous non-compliances with the various planning controls which resulted in the development having an inappropriate built form that would affect the amenity of adjoining properties as well as the future occupants on the building. In summary, the letter raised the following issues: • The development failed to comply with the requirements of the Residential Flat

Design Code in relation to building separation, open space, visual privacy, building entry, apartment layout, internal circulation, storage and daylight access.

• The Urban Design Panel considered that the development was unsatisfactory in terms of the planning principles contained in SEPP 65.



• The height of the building on Rowe Street failed to comply with the height control and the SEPP 1 could not be supported due to poor urban design outcomes and the bulk and scale of the development would affect the amenity of the adjoining properties.

• The development failed to comply with the requirements of Part 4.1 of DCP 2006 – Eastwood Town Centre DCP in respect to height, setbacks, mixed use developments, access and parking, location of vehicular access, bicycle parking and external finishes.

• The development proposed removal of trees on the adjoining property however the application did not propose owners consent.

• Inadequate shadow diagrams were provided. • The development failed to provide adequate disabled access. • Various engineering non-compliances were also raised. Subsequent to this letter several meetings were held with the applicant to discuss proposed amendments. Amended plans were submitted on 5 May 2009. The changes to these plans included the following: • The number of residential units within the Rowe Street building has been reduced

from 48 to 43. • The residential portion of the Rowe Street building was amended to provide a

minimum 3 metre setback to the side and rear boundaries. Level 4 of this building has been set back a minimum of 6 metres to the western boundary to reduce the non-compliance with the 12 metre height control.

• Levels 1 and 2 of the Rowe Street building have been set back 3 metres from the southern boundary adjoining 14 and 16 First Avenue to reflect the retention of vegetation on 14 First Avenue. The basement has also been set back 6 metres from the trees.

• The size of the communal open space in the Rowe Street building has been increased.

• Units have been deleted in the centre of the Rowe Street portion of the building to ensure appropriate building separation and improve the amenity of the units adjacent to the communal open space.

• The vehicular entry to Rowe Street has been designed from two entries to a single entry. This has reduced the width of the opening onto Rowe Street.

• Amended engineering plans were submitted. • Minimal changes were undertaken to the building fronting 20 First Avenue. The

changes made including screening to the balconies and windows to ensure that privacy is maintained with adjoining buildings.

These amended plans were renotified between the period on 15 April 2009 and 14 May 2009. During this time two submissions were received from 2 of the original objectors. A further meeting was held with the applicant to discuss the need for future amendments to the architectural plans. Changes were requested in respect to getting a break in the rear elevation of the residential component of the building, the



need to provide disabled access to the First Avenue building, the position of the electrical substation and the further information to address engineering concerns. As a result of this meeting, amended plans were submitted on 25 May 2009 that incorporated the following changes: • A break was provided in the rear elevation of the residential development on

levels 3 and 4 of the Rowe Street building. This break is 9 metres wide and is located at the rear of 16 First Avenue. This break has resulted in the size of the communal open space being increased.

• The provision of two electrical substations has been proposed on level 2 of the building adjacent to Rowe Street and the eastern side boundary.

• Revised access has been provided to the First Avenue building with a lift being incorporated.

• Amendments were also made to the engineering plans. These changes were not renotified as the amended plans related to either technical matters or improved the amenity of the adjacent properties. During the assessment of the development application an issue was raised with the applicant in respect to how much sunlight would be achieved to the northern windows of the lower unit on 16 First Avenue. As proposed, the adjoining unit would only receive 2.5 hours of sunlight between 10.30 and 1.00pm mid winter. As the development resulted in the unit receiving less than 3 hours, a further amendment was made to reduce the size of unit 43 from a three bedroom dwelling to a 1 bedroom dwelling. A further meeting was held with the applicant and several of Council’s officers including the Group Manager Environment and Planning in mid June 2009. At this meeting the applicant was advised that the development resulted in several variations to the controls in respect to height and car parking and that the development should be amended to achieve greater compliance. The applicant was also advised that Council’s Officers were seeking additional information from Council’s General Counsel in respect of the existing use rights issues for the site. As a result of this meeting the applicant submitted amended plans on 22 June 2009. These plans provided the following changes: • The overall height of the building has been reduced by 900mm. This has been

achieved by lowering the parking, retail and residential levels. • A total of 5 units has been deleted from the western portion of the upper level of

the Rowe Street building. This has resulted in this building containing 38 residential units and the development containing 50 units in total.

• The number of car parking spaces within the First Avenue building has been increased from 15 to 16 spaces.

• The number of car parking spaces within basement level 3 of the Rowe Street building has been increased from 80 to 84 spaces.



These changes were not renotified as it lessened the impact to the adjoining properties from the previously advertised plans. The following table provides a summary of the changes: Level Original Plans Final Amended Plans Rowe Street Building Basement 3 RL Total residential car parking

RL64.3 to RL 65 84 spaces

RL63.4 to RL 64.5 84 spaces

Basement 2 RL Total retail/commercial parking

RL67 to RL67.7 76 spaces

RL66.1 to RL67.2 73 spaces

Basement 1 RL Total retail/commercial parking



Level 1 RL Retail

RL73.10 2070m2*

RL72.6 to 73.6 1955m2*

Level 2 RL Retail Commercial

RL77.10 2710m2* 195m2*

RL76.6 to 77.6 2375m2* 305m2

Level 3 RL No. apartments 1 bedroom 2 bedroom 3 bedroom Total

RL81.6 10 12 2 24

RL80.9 8 11 3 22

Level 4 RL No. apartments 1 bedroom 2 bedroom 3 bedroom Total

RL84.5 10 12 2 24

RL83.8 6 9 1 16

First Avenue Building Basement Level 1 RL Car parking

RL73.8 15 spaces

RL 73.8 16 spaces

Level 2 RL No. apartments 1 bedroom

RL76.5 3

RL76.5 3



Level Original Plans Final Amended Plans 2 bedroom Total

1 4

1 4

Level 3 RL No. apartments 1 bedroom 2 bedroom Total

RL79.4 3 1 4

RL79.4 3 1 4

Level 4 RL No. apartments 1 bedroom 2 bedroom Total

RL82.3 3 1 4

RL82.3 3 1 4

*These figures exclude the circulation space provided on each level. 7. Submissions The proposal was initially notified and advertised in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 10 December 2008. Notification of the proposal was from 26 November 2008 until 22 January 2009. During this time a total of 4 submissions were received. As amended plans were submitted, these plans were re-notified in accordance with Development Control Plan 2006 – Part 2.1, Notification of Development Applications. Notification of the proposal was from 15 April 2009 to 14 May 2009. During this time, two submissions were received from two of the objections who originally lodged a submission with Council. The issues raised in the submissions included the following: • The development will result in overshadowing to the 1st and 2nd floor of 14 and 16

First Avenue in Winter. Overshadowing will occur, however the northern windows in these buildings will retain at least 3 hours of sunlight in midwinter. This complies with the Council’s requirements. • Shadowing will also affect the backyard during Spring, Winter and Autumn. Agreed. Overshadowing to the rear of 14 and 16 First Avenue cannot be avoided due to the rear setback of the building. The extent of this shadowing would have been anticipated by the planning controls for the Rowe Street building. The rear of the building is used as either turning area or landscaped area. There is nothing at the rear of these buildings to suggest that the space is regularly utilised by occupants of the building. Due to the circumstances, this impact is considered acceptable.



• South facing 3rd and 4th residential level of the new building will overlook into 14 and 16 First Avenue facing residents.

These buildings are separated by either 13 or 15 metres. The Residential Flat Design Code requires that buildings should be separated by 12 metres to maintain visual privacy. As the development exceeds the dimensions, visual privacy to 14 and 16 First Avenue will be adequately maintained. • The development proposes a zero rear setback whereas adjacent developments

have a 3 to 4m setback. This will affect ventilation, sunlight and privacy of the adjoining buildings. This also results in a 6 metre high wall on the property boundary which will contribute to visual pollution.

A zero rear setback for the first two storeys is permitted for the Rowe Street development. This development has proposed a part zero setback and part 3 metre setback which is consistent with the requirements of the planning instruments. The 3 metre setback is located adjacent to 14 and 16 First Avenue. The other developments which may have a 3 to 4 metre setback are older buildings and do not reflect the future character of the area. This setback will reduce the visual appearance of the building. Where the building has a zero setback the height of the wall on the boundary of 22 First Avenue will be approximately 6 metres. Given that this setback complies, the height of the wall is considered to be acceptable. • Sky views will be blocked from 14 and 16 First Avenue. The amended plans have provided a 9 metre gap in the rear elevation. This gap will occur at the rear of 16 First Avenue and will allow for sky views from the rear units in 16 First Avenue. The residential development in the southwest corner of the building has been set back 5 metres on the level 3 plan and several units deleted from level 4. This will ensure that sky views will still be achieved from the rear units in 14 First Avenue. • The Rowe Street building exceeds the 12 metre height control. Agreed. Despite the building exceeding the control, the development has been designed to reduce the impacts to the adjoining properties as well as providing a better urban design outcome. • The Rowe Street building will be 2 storeys higher than the adjacent building. This

will adversely impact on the streetscape. The current planning controls permit buildings that range in height between 2 and 4 storeys and an overall height of 12 metres. The development complies with the future character of the area and is consistent with the streetscape as identified in these planning controls. • The development will contribute to traffic congestion on Rowe Street, Railway

Parade and East Parade. The traffic report submitted with the development application advises that a total of 144 additional weekday pm vehicular movements are likely to be generated by this development. The report has concluded that there will be no significant impact on the adjacent road system or nearby intersections. These findings are supported by Council’s Traffic Engineer.



• During construction, air and sound pollution is likely to impact on the surrounding

neighbours. During the construction of any development there are impacts to the adjoining properties. These impacts are mitigated by the imposition of Council’s standard conditions of consent in respect to hours of operation, noise and dust. (See conditions 105, 106, 119 and 121). • A mechanical plant room is located in the south west corner. This is likely to

affect the surrounding residents in terms of air pollution. What air treatment processes are proposed for the exhaust outlets.

The mechanical plant room is proposed to provide the mechanical equipment required for the likely future tenants of the building. This is likely to include the air conditioning condensers. This will not produce any air pollution or require any treatment processes. • Lack of time and information provided to the residents. The exhibition period

occurred over Christmas and the information sent to residents did not include the full parking plans or shadow diagrams.

The original exhibition period extended from 26 November 2008 to 22 January 2009. Although this period extended over Christmas, more timing was allocated to the notification period to compensate for the time of the year. The purpose of the plans that are sent with the notification letters is to provide an overview of the development. It is not possible to include all of the plans and associated documents. This information is available to view at Council’s offices. • The advertising description identifies 4955m2 of retail / commercial space

whereas the DA refers to 4975m2. The DA should be readvertised to prevent future litigation.

The purpose of the description is to give an overview of the proposal. This is also supported by plans. As the amended plans were renotified, this correction was made. • Heavy vehicle traffic will impact on the amenity of pedestrians and retail activities.

Also concerned that a 19m semi trailer could not enter Rowe Street via the roundabout at East Parade. The applicant should just use 12m rigid trucks for access and investigate an option of entering and exiting the site off First Avenue.

To reduce the impact on pedestrian movements in Rowe Street, the applicant has reduced the number of driveway crossings from 2 to 1. In addition it is also proposed to include a condition to restrict the hours of operation for the loading dock by the larger vehicles. Council’s Traffic Engineer has advised that there is no objection to the use of these larger vehicles using the surrounding road network. • The development does not provide adequate retail car parking as it proposes car

parking at the rate of 1 space per 33m2 rather than 1 space per 25m2. Under Council’s Car Parking DCP, parking is to be provided at the rate of 1 space per 25m2 of site accessible to the public. As the uses within the building are not yet known the RTA provisions have been adopted which require 75% of the retail area as



being accessible to the public. The retail component complies with the Council’s requirements in terms of car parking. • The residential component of the Rowe Street development does not comply with

SEPP 65 in respect to the size of the 1 bedroom dwellings and the provision of the lifts servicing 11 apartments on each level.

The amended design has ensured that the unit sizes all exceed the minimum requirement as specified in the Residential Flat Design Code. The amended design still fails to comply with the internal circulation which requires a maximum of 8 units to be accessed from 1 lift. Despite the non-compliance, the design has incorporated a straight corridor with access adjacent to the communal open space. This variation is considered acceptable. • Council should enforce the undergrounding of overhead power lines. This will be imposed as a condition of consent. (See condition 75). • The applicant should provide a cost estimate from a QS as it appears that the

applicant has under estimated the cost of the development. The applicant has provided a QS report which has identified the cost of the development as being $17.5 million. This is the same figure as provided on the DA form by the applicant. • The size and scale of the development is incompatible with the surrounding area,

which is 3 storey apartment blocks. The character of the development along First Avenue is 3 storey residential flat building with parking beneath the building. The building on 20 First Avenue is consistent with the character of this area. The character along Rowe Street is under transition and the development complies with the future character as identified in the planning controls applicable to the site. • An economic impact assessment should be provided to demonstrate that existing

businesses are not adversely affected. In case law provided by the Land and Environment Court, the consent authority should not consider commercial competition as this falls under the jurisdiction of the Department of Fair Trading. The consent authority should consider the impact of a proposed commercial development upon established retail centres. Eastwood is a town centre and major shopping precinct within City of Ryde. The town centre is also easily accessible from the train station, several roads and public transport links. This development will lead to the betterment of the Eastwood Town Centre. • Contamination of the site needs to be investigated. This has been investigated by Council’s Environmental Health Officer and appropriate conditions of consent will be included. 8. SEPP1 Objection received? A SEPP 1 objection was received in respect to the height of the development. The control permits a maximum height of 12 metres whereas the development has proposed a maximum height of 13 metres.



Another SEPP 1 was received in respect to the front setback of the 20 First Avenue building. The control requires this building to be set back 12 metres from a main road, whereas the building will be set back 5.1 metres. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: Environmental Planning and Assessment Act, 1979 The site contains two zonings under the Ryde Planning Scheme Ordinance. 52-78 Rowe Street is zoned Business (Urban Village) 3(uv) and 20 First Avenue is zoned Residential 2(c5). The development as proposed on 52-78 Rowe Street is permissible, with Council’s consent. The development on 20 First Avenue proposes a residential flat building, which is permissible with Council’s consent, as well as providing a basement level to accommodate vehicular manoeuvring of trucks using the loading and waste storage facilities associated with the retail and commercial space to be established in the Rowe Street building. As retail and commercial uses are not permissible in the Residential 2(c5) zoning, this part of the development would normally not be permitted in the zoning. However, this part of the development application has been submitted to Council on the basis that 20 First Avenue benefits from the existing use rights provisions contained within the Environmental Planning and Assessment Act, 1979. Existing use is defined in the Act as:

(a) The use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for the Division 4A of Part 3 or Division 4 of this Part, have the effect of prohibiting that use;

(b) The use of a building, work or land: i. For which development consent was granted before the

commencement of a provision of an environmental planning instrument having the effect of prohibiting the use; and

ii. That has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.

In the context of this application, in order to establish that the site has the benefit of the existing use rights provisions it is necessary to establish that the site is currently being used for a prohibited use, the prohibited use was lawfully commenced and that use has not been abandoned. 20 First Avenue has previously been used for parking purposes associated with the retail hardware operations conducted on 52-78 Rowe Street. Development consent



was granted by Council for parking associated with the hardware operations on 13 October 1969. Some time after this, the car park was constructed. Car parking associated with a retail activity is currently prohibited in the Residential 2(c5) zoning. The applicant has also provided a Statutory Declaration to verify that the use as parking has not ceased during the operation of the hardware store. As the development consent has been acted upon, it has been concluded that the prohibited use was lawfully commenced and based on the information provided by the applicant, this use has not been abandoned. This demonstrates that 20 First Avenue has the benefit of the existing use rights provisions. Section 108 of the Environmental Planning and Assessment Act and Clause 41 of the Regulations allow an existing use to be altered, enlarged and the use to be changed to another use, including a use that would otherwise be prohibited under the Act. Under these provisions, the change of use from car parking to a basement level to accommodate vehicular manoeuvring for trucks using the loading and waste storage facilities associated with the development on Rowe Street is permitted with the consent of Council. (a) Ryde Planning Scheme Ordinance

Zoning The site contains two zonings. 52-78 Rowe Street is zoned Business (Urban Village) 3(uv) and 20 First Avenue is zoned Residential 2(c5). The development as proposed on 52-78 Rowe Street is permissible with the consent of Council. The development on 20 First Avenue consists of a residential flat building as well as a basement level to accommodate vehicular manoeuvring of trucks using the loading and waste storage facilities associated with the development on 52-78 Rowe Street. Although the residential flat building is permissible, the manoeuvring area is not permitted in the zoning as this is associated with the development on Rowe Street. However as the site enjoys the benefits of the existing use rights provisions, the development is permitted with the consent of Council.

Mandatory Requirements Clause 34(1) – Aesthetic Appearance of Development This clause requires Council to consider the probable aesthetic appearance of a proposed development when viewed from the adjacent main road. The development on 20 First Avenue has been designed in context with the adjoining residential flat buildings by reflecting a similar building footprint and landscaping qualities. The roof design is more contemporary than the adjoining buildings. The aesthetic appearance of this development will be considered appropriate as viewed from First Avenue.



Part of the building on 52-78 Rowe Street will also be visible from First Avenue. However, due to the separation between the building and the main road, this building will have an acceptable aesthetic appearance. Clause 34(2) – Access, Parking and Loading Facilities This clause requires that when Council is considering a development application which is likely to cause increased vehicular traffic on any road in the vicinity of the development, the following matters must be taken into consideration; a. Whether adequate vehicular entrances to and exits from the site have been

provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads; Comment: The amended design has reduced the size of the vehicular crossing in Rowe Street from 17 metres to 11 metres by providing a single entry for the retail / commercial development as well as the residential component. This will not only improve the streetscape appearance of the building, but will also improve the pedestrian safety along Rowe Street. Council’s Engineers have raised no objections to the layout of the entrances and exits of the development.

b. The provision of space on the site of the building or development or on land

adjoining the site, other than a public road, for the parking and standing of such number of vehicles as the responsible authority may determine; and Comment: The proposed development provides a total of 243 on site car parking spaces. This complies with the Council’s requirements.

d. Whether adequate space has been provided within the site of the building or

development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers. Comment: The development has proposed a loading / unloading area within the basement of the building. This space will accommodate all vehicular sizes. A condition of consent will be included to require the submission of a delivery management plan for the loading docks to ensure that the loading dock can accommodate the proposed truck movements with minimal impacts to the parking for the retail and residential uses within the building (see condition 82).

Clause 34(4) - Consideration of certain applications Clause 34(4) states: The responsible authority shall, in respect of an application under this Ordinance for its consent or approval to the erection or use of a residential flat building, take into consideration any code for the erection of residential flat buildings adopted by resolution of the Council. The development has been considered under the provisions of State Environmental Planning Policy No. 65 (Design Quality of Residential Flat Development) and Part 3.4



– Residential Flat Buildings of DCP 2006. These matters have been addressed further in the body of the report.

Clause 46(4) – Minimum size of Allotments This clause provides minimum site area requirements as well as the minimum frontage requirements for residential flat buildings that are to be erected on land zoned 2(c5). Due to the zoning of the site, this clause is applicable to the building on 20 First Avenue only. The clause requires that the development on 20 First Avenue have a site area of not less than 840m2 and a frontage to First Avenue of not less than 27 metres. The development fails to comply with either of these requirements. The site area of 20 First Avenue is 755.2m2 and the existing frontage to First Avenue is 20.1 metres. Although the site does not comply with these provisions, it should be noted that this site is considered to be a remnant site and it would not be possible for the site to be consolidated with adjoining properties in order for the site to comply with these requirements. The development on 20 First Avenue has been designed in context with the adjoining residential flat buildings. Also Section 108(3) of the Environmental Planning and Assessment Act specifies that any provision of a planning instrument that would derogate or have the effect of derogating from the provisions in the Regulations in respect to existing use rights, have no force or effect while these provisions remain in force. In other words, as the site benefits from existing use rights the development standards are not applicable to the proposed development. Clause 51A – Development in Certain Urban Villages This clause applies to land identified on the map accompanying Ryde Local Environmental Plan No 110 – Eastwood Urban Village and is applicable to the development located on 52-78 Rowe Street only. When considering any application, Council must take into consideration the planning principles identified in Schedule 17 as well as the objectives contained in the clause. These matters are discussed below. Planning Principles Planning Principle Comment Compliance Regional Development should contribute to the status of the land as an important business, employment and residential location.

The development will achieve this planning principle as it will provide approximately 4975m2 of retail/commercial floor space as well as residential apartments.

Yes



Planning Principle Comment Compliance Development is to promote a compact working and living environment to maximise the efficient use of resources and infrastructure provision.

This will be achieved. The design of the living environment will ensure compliance with the requirements of SEPP 65 so as to provide acceptable amenity for the future residents.

Yes

Integrated Planning and Development Planning and development is to ensure that social, economic, environmental and urban design issues are considered together and with proper regard for their mutual and cumulative impacts.

As demonstrated in this report, the development has taken into consideration the social, economic, environmental and urban design issues. This is reflected by compliance with either the requirements or objectives of the planning instruments that affect the site.

Yes

All planning, design and development activities must take account of and effectively respond to the linkages and interfaces between public space and private land.

No linkages or interfaces have been identified in the planning controls between public and private spaces. The development does however adequately address the public infrastructure and clearly identifies the private spaces such as the entrances to the residential component of the development.

Yes

Public Domain Development is to define and contribute to the public domain so as to create a high quality physical setting for buildings, which is safe and accessible and can be enjoyed by shoppers, residents and workers.

Conditions of consent will be imposed to ensure the public domain is upgraded to Council’s requirements. The design has incorporated an awning, shop fronts to the street and the entries to the building. All of these features will contribute positively to the streetscape.

Yes

Development of the public domain is to enhance the integration between individual precincts and their surrounding areas.

Any approval would be conditioned to ensure that the public domain in Rowe Street is upgraded in accordance with Council’s requirements.

Yes

Public space areas should be set aside for public use and enjoyment. Development that enhances the enjoyment of these public spaces, such as

The relevant planning controls do not identify any future public space on this site. This planning principle is not applicable to the development.

N/A



Planning Principle Comment Compliance kiosks, restaurants and recreation facilities, is to be encouraged. Carparking facilities should be set back away from the public spaces and should not prejudice pedestrian and cycle use of the public space.

Car parking is located in the basement of the building. The amended design has reduced the width of the crossing to minimise any impact on pedestrians.

Yes

Public streets and spaces should be created generally inaccordance with the Eastwood Master Plan.

The Eastwood Master Plan does not identify any public streets or spaces that are required to be provided on this site.

Yes

Urban Form Urban form is to reflect its location in relation to transport nodes, existing residential and commercial precincts, be architecturally rich and diverse, define and enhance the public domain and allow for mixed uses.

The urban form reflects the future character of the locality as identified in the various planning controls. The development will provide horizontal as well as vertical articulation in the facades and has also incorporated a mix of retail / commercial and residential uses.

Yes

Building form within specified blocks is to be articulated both in height and mass to provide interest, resolve urban design and environmental issues and satisfy other planning principles in this Schedule.

The building form predominantly complies with the height and massing as envisaged by the planning controls.

Yes

Buildings are to be of high quality and adaptable to a variety of uses over time, to ensure their long life.

The lower 2 floors have been designed with adequate head height to accommodate either retail or commercial uses. This will ensure that the building is adaptable for a variety of uses over time.

Yes

Buildings are to support and be integrated into the public domain network to achieve coherence and purpose.

The building provides shop fronts as well as residential access points along the Rowe Street elevation. These features ensure that the development will provide an active street frontage.

Yes

The integrity of heritage items and significant landscape elements is to be protected

No heritage items or significant landscape elements have been identified on this site. This

Yes



Planning Principle Comment Compliance and enhanced. clause is not applicable to the

development. Land Use Mix Development is to provide a variety of housing types and employment – based activities and contribute to the creation of a range of precincts with character.

The development complies with this requirement. A variety of housing types containing 1, 2 and 3 bedroom apartments is proposed. In addition, the retail and commercial uses on the ground and first floor will provide employment –based activities.

Yes

Development is to contribute to an integrated mixed use development pattern (both vertical and horizontal) containing a wide range of housing, employment and recreational opportunities.

The development complies with this requirement as demonstrated above.

Yes

Development is to facilitate the increase and diversity of employment opportunities, which are to be compatible with achieving a high quality mixed shopping, living and working environment.

The development will incorporate retail and commercial uses. At this stage, no detail has been provided as to the particular use as this will be subject to a further development application.

Yes

Transport and Access Development is to promote the reduction of motor vehicle dependency and actively encourage the use of public transport, walking and cycling.

The planning principle has been achieved due to the development complying with the Council’s car parking requirements.

Yes

An accessible environment for people with disabilities and mobility difficulties is to be created to ensure access equity.

The amended development has ensured that each building will be accessible to all by incorporating appropriate grades on paths, lifts and parking provisions.

Yes

The intensity of development is to be in accordance with the capacity of existing and proposed public transport and road systems.

As the development complies with Council’s requirements, it is considered that this planning principle is satisfied.

Yes

Parking provision is to acknowledge accessibility by foot, bicycle and public

The development has provided car parking in accordance with Council’s requirements which

Yes



Planning Principle Comment Compliance transport. reflect the close proximity of

public transport. Bicycle parking has also been provided for the retail and residential component.

Environmental Performance Development is to create a safe and comfortable environment for shoppers, residents and workers in both the private and public space, by “best practice” design to ensure buildings and spaces achieve maximum environmental performance and minimum resources use.

As demonstrated in this report, the development complies with either the requirements or objectives of the controls contained in the planning instruments. This ensures that the development provides “best practice” in respect to the design to ensure that it achieves maximum environmental performance.

Yes

Development is to be designed having regard to the following: (a) wind effect, (b) reflectivity, (c) noise attenuation, (d) solar access and energy conservation, (e) water conservation and re-use, (f) stormwater management, (g) use of recycled materials, (h) waste reduction.

The design of the development will ensure that it is satisfactory in terms of these issues.

Yes

The development of public spaces is to contribute to greater biodiversity, habitat protection and enhancement and better air and water quality.

The only public space in this development is the public domain. The enhancement of the public domain will not affect biodiversity, habitat protection or air and water quality.

Yes

The objectives are as follows:

i. To create a safe and attractive environment for pedestrians; ii. To create a mixed use precinct with emphasis on uses that promote

pedestrian activity and safety at ground level; iii. To create a precinct that contains opportunities and facilities for living,

working, commerce, leisure, culture, community services, education and spiritual nurture;

iv. To increase the number of people living within walking distance of high frequency public transport services; and

v. To increase the use of public transport.



The proposed development complies with the above objectives. The development contains a mixed use development consisting of retail, commercial and residential uses. This mix is consistent with the desired future character of the area and will contribute to a precinct that will provide opportunities for living as well as working. The development has also incorporated an active street frontage that will engage the pedestrians as well as contributing to their safety. By providing the appropriate amount of car parking, the development will contribute to the use of public transport. Clause 51C – Heights of Buildings Within Eastwood Urban Village This clause requires that the Council must not consent to the erection of a building on the relevant map if the height of the building exceeds the maximum height shown for the land on that map. The height control is only applicable to the development on 52-78 Rowe Street. Height is measured from the ceiling of the highest storey of the building to natural ground level immediately below that point. The map identifies this site as having a maximum height of 2 -4 storeys or 12 metres. The development proposes either 2 or 4 storeys and complies with the number of storeys. However the overall height of the development will exceed 12 metres. This non-compliance is partly due to the slope across the site as well as the required height to achieve vehicular access for trucks. The variation to the 12 metre height control occurs for the western portion of the site. On the Rowe Street elevation approximately 62% of the elevation complies with the control. The variation to the control for the rest of the elevation ranges from 0 to a maximum distance of 1 metre. This is demonstrated in the diagram below:

NORTH ELEVATION

ELEVATION TO ROWE STREET The rear elevation also breaches the height control. This breach is similar to the breach as displayed on the Rowe Street elevation.

2009.



SOUTH ELEVATION

ROWE STREET BUILDING The applicant has submitted an objection under the provisions of State Environmental Planning Policy No 1 in respect of this non-compliance. The applicant’s SEPP 1 is detailed below: “The provisions of Clause 51C of the Ryde Planning Scheme Ordinance are considered unnecessary and unreasonable for the reasons that: 1. The proposal is consistent with the desired urban design outcomes for

development in this locality as contemplated by Ryde Local Environmental Plan No. 110 and Part 4.1 of Development Control Plan 2006.

2. The height standard is exceeded because of:

• The extent of the width of the amalgamated properties, which exceeds 71m;

• The topography of the land, which experiences a fall of some 4.5 metres across its Rowe Street frontage;

• The floor plate required to accommodate the extent of retail/commercial space to be provided;

• The need to provide adequate and satisfactory designed active street frontages along Rowe Street; and

• The need to establish a desirable and satisfactory streetscape element in Rowe Street.

3. The building will provide an interesting and attractive feature in the Rowe Street

streetscape. 4. The building will not have any adverse visual impact when viewed from the public

domain in Rowe Street or from surrounding or nearby properties. 5. The building will not, in terms of its height, adversely affect the amenity enjoyed

on surrounding properties. 6. The proposed building is consistent with the desired future character of

development in this locality in terms of its height, bulk and scale and would be

2009.



indistinguishable in the context of other existing contemporary buildings and future planned buildings in this area.

7. The proposal is consistent with the assumed objectives of the height standard,

despite it not strictly complying with the numerical value of the standard. 8. The proposal is consistent with the objectives for the Business (Urban Village)

3(uv) zone as contemplated by Ryde Local Environmental Plan No. 110. 9. The variation to the standard would promote the orderly and economic use and

development of the land and the proper management of resources, promoting the social and economic welfare of the community and a better environment, in accordance with the objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979”.

In assessing the SEPP 1 objection, consideration should be given to the three part tests as set out by Chief Justice Preston in Wehbe v Pittwater Council [2007] NSW LEC 827. These tests are summarised as follows: 1. The applicant must satisfy the consent authority that the objection is well founded,

and compliance with the development standard is unreasonable or unnecessary in the circumstances of the case;

2. The consent authority must be of the opinion that granting consent to the development application would be consistent with aim of the SEPP (Clause 3) of providing flexibility pursuant to in the application of planning controls where strict compliance with those controls would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in s5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979; and

3. It is also important to consider: (a) Whether non-compliance with the development standard raises any matter

of significance for State or regional planning; and (b) The public benefit of maintaining the planning controls adopted by the

environmental planning instrument.

Test 1 – Is the Objection well founded? The variation to the control occurs for the western portion of the upper level in the development. The objectives for providing a height control is to ensure that the development provides an acceptable level of amenity in terms of solar access and view loss to adjoining buildings as well as ensuring that the development will be consistent with the desired character of future buildings. The amended plans submitted with this development have ensured that the overshadowing due to the breach will be confined to within the area of overshadowing of a building that did comply with the 12 metre height control. This has been achieved due to the increased setbacks of the upper level of the building along the western and southern elevations.



Adjoining properties currently have no significant or important views. Sky views will be retained for the residential flat buildings located at the rear of the site due to the variations in setbacks for the upper level and the separation of the residential component of the rear elevation. Due to the slope of Rowe Street, there is unlikely to be a consistent building height in terms of RL that would generally occur if the street was flat. The natural topography of the locality does contribute to the urban form of the building. Despite the variation in the height control, the massing of this building has been reduced due to the variation in the residential setbacks resulting in the residential component of the building providing a relatively low scale. The urban form of the development as viewed from Rowe Street has been supported by the Urban Design Review Panel. The reasons given for the variation are considered to be well founded. Given that the development satisfies the objectives of the height control, the SEPP 1 is considered to be well founded. Test 2 – Is granting consent to the development application consistent with the aim of the policy as set out in Clause 3 and Section 5(a)(i) and (ii) of the Act? Clause 3 of SEPP 1 includes the aim of the planning instrument which is to provide flexibility to development standards so as not to hinder the attainment of the objectives specified in S5(a)(i) and (ii) of the EP&A Act 1979. The objectives of S5(a)(i) and (ii) of the EP&A Act 1979 are: (a) To encourage:

(i) The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and a better environment;

(ii) The promotion and co-ordination of the orderly and economic use and development of land.

As demonstrated further in the report, the Rowe Street building complies with all of the planning controls with the exception of height and the front setback. Despite the non compliance with these controls, the development provides an acceptable amenity to adjoining properties as well as an appropriate urban design. In these circumstances, the development complies with the above objectives. Test 3b – What is the public benefit of maintaining the planning controls adopted by the environmental planning instrument? The public benefit of maintaining the current planning controls is to ensure that development is consistent with the objectives of the Act. As demonstrated above, the variation as proposed will encourage the promotion and co-ordination of the orderly and economic use and development of the site. Despite the variation to the control,



the development will provide an acceptable urban design outcome with minimal impacts to the adjoining properties. The site is also affected by Draft Local Environmental Plan 2008. Under this draft planning instrument, the permitted height for the site will be 15.5 metres. In accordance with the Draft LEP, the definition of height of a building will change from the current definition. The new definition means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. Using this definition, the height of the building will be 14.3 metres, which complies with the height requirement in the draft LEP. Council has recently resolved to forward the amended plan to the Department of Planning with a Section 68 report requesting that the Minister make the plan. As the variation complies with the future height control in this draft plan, the development is considered to be in the public interest. Conclusion In these circumstances, the SEPP 1 objection is considered to be well founded and is supported. Clause 51D – Intensification Restricted in Special Areas This clause applies to land identified as “Development Intensification Restricted” and coloured red on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Special Areas Map” deposited in the office of the Council. The site is not identified on this map so this clause is not applicable to the development. Clause 55 – Residential Flat Buildings – Density Control This clause is only applicable to the development on 20 First Avenue. This clause identifies site area and landscaped area requirements for the erection of a residential flat building on sites zoned Residential 2(c5). The following table demonstrates that the development fails to comply with both of these requirements; Control Requirement Proposed Compliance Density / Site Area Small dwelling Medium dwelling Total

630m2 (70m2 x 9) 300m2 (100m2 x 3) 930m2

755.2m2

No

Landscaped Area Small dwelling Medium dwelling Total

270m2 (30m2 x 9) 120m2 (40m2 x 3) 390m2

181m2

No



The development results in non-compliances with both of these controls. As this site benefits from existing use rights, Section 108(3) of the Environmental Planning and Assessment Act specifies that any provision of a planning instrument that would derogate or have the effect of derogating from the provisions in the Regulations in respect to existing use rights, have no force or effect while these provisions remain in force. In other words, the development is not required to comply with these controls. However, these controls are considered to be appropriate as a guide for the site area and landscaped area requirements of future development. In this case, the non-compliance occurs partly due to the site being a remnant site and it would not be possible for the site to be consolidated with adjoining properties in order for the site to comply with these requirements. Also the development on 20 First Avenue has been designed in context with the adjoining residential flat buildings as these buildings also would not comply with the density and landscaping requirements. In these circumstances, the above non compliances are considered appropriate. Clause 56 – Residential Flat Buildings – Parking Clause 56 is applicable to the development on Rowe Street as well as First Avenue. This clause identifies that sites within 400 metres of a railway station are to provide car parking at the following rates:

• 1 parking space for each 1 bedroom dwelling; • 1.2 parking spaces for each 2 bedroom dwelling; • 1.6 parking spaces for each 3 or more bedroom dwelling; and • 1 parking space for each 4 dwellings, for visitor parking.

The following table demonstrates the car parking requirements for the residential component of the development. Control Requirement Proposed Compliance 52-76 Rowe Street 1 bedroom (14) 2 Bedroom (20) 3 bedroom (4) Visitors (1/4 units) Total

14 spaces 24 spaces 7 spaces 10 spaces 55 spaces

84 spaces

Yes

20 First Avenue 1 bedroom (9) 2 bedroom (3) Visitors (1/4 units) Total

9 spaces 3.6 spaces 3 spaces 16 spaces

16 spaces

Yes

The architectural plans for the Rowe Street building has identified 84 car parking spaces within basement level 1 for the residential component. These exceeds the Council’s requirements by 29 car parking spaces. It is proposed to include a



condition on the consent to require 55 car parking spaces to be provided for the residential component. The remaining 29 car parking spaces on this level will be allocated for the retail uses. (See condition number 157). Clause 57 – Building Lines along Main or County Roads This clause is applicable to 20 First Avenue only and requires that the residential flat building be set back 12 metres from any main or county roads. First Avenue is defined as a main road. The building has been set back 5.1 metres rather than the required 12 metres. The applicant has submitted an objection under the provisions of State Environmental Planning Policy No 1 in respect of this non-compliance. The applicant’s SEPP 1 is detailed below: 1. “The section of the development comprising the residential flat building fronting

First Avenue, to which vehicular access is to be available from First Avenue, is to be set back a minimum of 5.1m from First Avenue, a setback commensurate with the existing residential flat buildings immediately to the east and west of the site on 14-18 and 22 First Avenue, which are set back 5.2m and 4.7m, respectively, from First Avenue.

2. The variation to the setback will be indiscernible in the context of the First Avenue

setback of surrounding buildings on the northern side of First Avenue between Blaxland Road and East Parade.

3. The proposal will result in a satisfactory and appropriate streetscape presentation

of the building to First Avenue, consistent with the established and desired future streetscape and landscape character of First Avenue.

4. The proposed setback will provide a satisfactory transition between the public and

private domain. 5. Residents of the proposed apartments will enjoy a satisfactory outlook over and

privacy from First Avenue, while maintaining casual surveillance over the street to enhance community safety.

6. The vehicular access arrangements have been satisfactorily designed to enable

vehicles to enter and leave on-site parking facilities in a forward direction. 7. The proposal is consistent with the presumed objectives of the standard, despite it

varying from the numerical value of the standard. 8. The proposal is consistent with the desired future character of development

contemplated in this area by the Ryde Planning Scheme. 9. The variation to the standard would promote the orderly and economic use and

development of the land and the proper management of resources, promoting the social and economic welfare of the community and a better environment, in



accordance with the objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979.

The justification given in the applicant’s submission is supported by Council’s Officers. The building as proposed is consistent in terms of the character of the adjoining residential flat buildings. The reasons given in the variation are considered to be well founded. The development is also considered to satisfy the objectives of the Environmental Planning and Assessment Act, 1979. The SEPP 1 will satisfy the three part tests as set by the Chief Justice Preston in Wehbe v Pittwater Council [2007] NSW LEC 827 and the variation is supported. Clause 67 – Vehicular Access This clause is only applicable to the development on 20 First Avenue. Consent is required for the vehicular access to First Avenue. Council is only to grant consent for the vehicular access where it is satisfied that all attempts to achieve vehicular access otherwise to the main road has failed. Access is available from First Avenue to the 12 units contained within the residential flat building on 20 First Avenue. The only other alternative for access to this site would have been provide access from Rowe Street however due to the differences in levels and the need to provide several basements levels within the Rowe Street development, this could not be achieved. The access as proposed from First Avenue is supported by the RTA. The development satisfies the requirements of this clause. Clause 72KA – Development in Business Zones This clause requires that Council is not to grant development within Zone No. 3(uv) that is likely to be adversely impacted on by rail-related noise and vibration unless the development incorporates mitigation measures to the satisfaction of Council. This clause is applicable to the development on 52 to 76 Rowe Street only. Part 4.1 – Eastwood Town Centre of Development Control Plan 2006 specifies that an acoustic report in respect of this issue is only to be provided if the site is located within 100 metres from the rail line. As the site is located more than 100 metres from the rail line, it is assumed that the development will not be adversely affected by rail-related noise or vibration. (b) Relevant SEPPs The relevant SEPP’s are discussed below: State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development



The development is subject to the provisions of the SEPP due to the building exceeding the following criteria: a) Three or more storeys (not including levels below ground level provided for car parking or storage, or both, that do not protrude more than 1.2 metres above ground level); and b) Four or more self-contained dwellings, but does not include a Class 1a building or a Class 1b building under the building Codes of Australia. The following table provides an assessment of the development against the ten Principles of the SEPP: Planning Principle Comment Compliance Context Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

The site has two distinct contexts and streetscapes, in the north a traditional main street typology and in the south a discrete row of residential flat buildings. The design should respond to each contextual condition. The development on 20 First Avenue has responded to the existing context and streetscape by providing a building that respects the setbacks and building envelope of the adjoining buildings. The main street typology in Rowe Street is undergoing a transition with the desired future character of the locality identified in the current planning controls. The development has complied with either the controls or objectives as outlined in these planning instruments.

Yes

Scale Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts

The Rowe Street development incorporates a retail podium and a two storey residential building above. This provides relatively low scale components of the building. The massing of the building has been reduced by providing a variety in the residential setbacks. The development in Rowe Street is undergoing a transition with the

Yes



Planning Principle Comment Compliance undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

development providing a scale and bulk that reflects the desired future character of the area. The scale of the building on 20 First Avenue reflects the existing context of the streetscape and adjoining buildings.

Built Form Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The residential component on the original plans for Rowe Street presented as a continuous “donut” shape. The amended plans have provided a 9 and 12 metre separation in the rear elevation. This separation combined with a reduction in the scale of the building to achieve a larger communal area has ensured an acceptable built form that will provide internal amenity and outlook as well as improving the impact of the development on the adjoining sites. The built form for the building on 20 First Avenue reflects the context of the adjoining buildings.

Yes

Density Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

There is no applicable floor space ratio control for the Rowe Street. The original design for Rowe Street resulted in a density that was excessive which contributed to poor amenity, circulation and bulk. The amended plans have reduced the number of units from 48 to 38. This has improved the amenity for occupants, the landscaped area and circulation while reducing the bulk of the building. The amended development for Rowe Street is satisfactory in terms of density. The density on First Avenue reflects the density of the adjoining residential flat buildings.

Yes



Planning Principle Comment Compliance Resource, energy and water efficiency Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

The applicant has provided a BASIX Certificate (No. 219505M_03 dated 26 May 2009) which indicates that the residential component of the building will meet the energy and water use targets set by the BASIX SEPP. A waste management plan for the demolition of existing buildings has been submitted and is considered acceptable by Council’s EHO. The design has also ensured the development will comply with the passive solar design principles, soil depth, cross ventilation and reuse of water as provided in the Residential Flat Design Code.

Yes

Landscape Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should

The amended development plans have incorporated a much larger communal courtyard on the podium in the Rowe Street development. This space will be readily accessible for the residents as well as providing facilities such as seating and a BBQ. The amended design has also incorporated a better relationship with the adjacent units by providing improved amenity for both the units and the users of the landscaped area. In addition to the landscaped communal area each apartment has either a balcony or private courtyard. The First Avenue development does not incorporate a communal open space area. These residents will have access to the communal open space provided in the Rowe Street development. Each apartment in the First Avenue building will have a private balcony. The development is considered

Yes



Planning Principle Comment Compliance optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.

satisfactory in terms of this planning principle.

Amenity Good design provides amenity through the physical, spatial and environmental quality of a development.

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

The development has provided adequate building separation between adjoining properties and also the development itself. This will ensure adequate amenity to residents as well as adequate ventilation and lighting to the apartments. The development complies with the controls contained in the Residential Flat Design Code in respect to apartment sizes, access to sunlight, ventilation, visual and acoustic privacy, storage layout and access requirements.

Yes

Safety and Security Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

Access to the residential component in the Rowe Street development is either via the basement or two separate entries along Rowe Street. These entries are adequately identified on the Rowe Street elevation. Security and safety to the communal open will be provided by units overlooking the space as well as part of the internal corridors being adjacent to the communal open space. Pedestrian access to the development on First Avenue is via a pathway along the eastern boundary to the entry that is located in the middle of the building as well as via the basement. The development has also incorporated pedestrian access

Yes



Planning Principle Comment Compliance through the buildings. An access ramp is provided at the rear of First Avenue to the rear of the ground floor level. This will allow a connection through the building to Rowe Street. Pedestrian access is to the communal open space on Rowe Street. To ensure appropriate safety in these areas, a condition of consent will be imposed to ensure adequate lighting.

Social Dimensions and Housing Affordability Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New developments should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The development will include the following housing mix: • 23 x 1 bedroom apartments; • 23 x 2 bedroom apartments; and

• 4 x 3 bedroom apartments. This mix results in an affordable range of housing which should attract single, couples and family occupants alike into an area which is highly accessible to public transport and local shopping. In this regard, as a guide the Housing NSW Centre for Affordable Housing suggests 1 and 2 bedroom apartments contribute towards achieving housing affordability.

Yes

Aesthetics Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts

The Rowe Street elevation has designed the lift cores and fire stairs to incorporate verticality into the façade and to unify the podium and residential component of the development. The development includes a range of materials and subtle finishes which are both complimentary and compatible to the architectural design and to the surrounding built

Yes



Planning Principle Comment Compliance undergoing transition, contribute to the desired future character of the area.

environment.

The SEPP also requires the Council to take into consideration the requirements of the Residential Flat Design Code. The development complies with all of the numeric requirements provided in this document with the exception of the deep soil zones, open space, internal circulation and the setback to the street alignment. As demonstrated below, despite not complying with the numeric requirements, these aspects of the development are considered satisfactory. Primary Development Control and Guideline

Comment Compliance

Deep Soil Zones A minimum of 25% of the open space area of a site should be deep soil zone. Exceptions may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the RFB.

The Rowe Street has provided less than 5% of the site as deep soil zones. This is consistent with the DCP that permits zero setbacks for all boundaries. The deep soil zone only exists in order to provide an appropriate setback for the trees on the adjoining sites. The First Avenue site has incorporated approximately 15% deep soil zones. As this is a remnant site within an urban area, the Code does permit an exception to this requirement where the development incorporates stormwater treatment measures. The development provided on site stormwater detention which achieves compliance with this requirement.

No. The variation is acceptable.

Open Space The area of communal open space required should generally be at least between 25% and 30% of the site area. Where developments are unable to achieve the recommended communal open space, they must demonstrate that residential amenity is provided in the form of increased private open

The Rowe Street building has provided communal open space that represents 19.3% of the site. In addition to this space, each unit has been provided with either a balcony or private courtyard. These spaces will ensure that adequate private space as well as communal open space will be provided for the occupants. The First Avenue building has not incorporated any communal open space however the communal open space in the Rowe Street building




Primary Development Control and Guideline

Comment Compliance

space and/or in a contribution to public open space. The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as ion a podium or car park is 25m2.

would be available for the future occupants of the First Avenue building to use. Access to this space is via either a pathway which incorporates stairs at the rear of the buildings or via a pathway into the building and then a lift. Even if the occupants of this building do not use the communal open space, residential amenity will still be maintained due to the balconies on each unit in the First Avenue building.

Internal Circulation In general, where units are arranged off a double-loaded corridor, the number of units accessible from a single core/corridor should be limited to eight. Exceptions may be allowed: • for adaptive re-use buildings • where developments can demonstrate the achievement of the desired streetscape character and entry response • where developments

can demonstrate a high level of amenity for common lobbies, corridors and units.

The development achieves this for the First Avenue building however, it is not achieved for the Rowe Street building. This building has provided 3 lifts from the basement to the residential floors. From these lift, each residential floor will access either 4, 7, 10 or 5 units. The non-compliance occurs in respect of the western portion of level 3 where the corridor will access 10 apartments. This development does not satisfy any of the exceptions and the applicant has sought variation to this control on the basis that the access corridor is straight with a window at either end as well as being adjacent to the communal open space. This issue has been significantly improved in the amended plans with the corridor now being straight as well as part of the corridor being located adjacent to the communal open space. Given the improved design, the variation is considered acceptable.


Street Setbacks Identify the desired streetscape character. In general, no part of the building should encroach into a setback area.

Council’s DCP for Rowe Street requires a zero setback to the street for the first 2 storeys and 3 metre setback above this. The development complies with the exception of the lift and passageway which has a zero setback for the upper 2 levels. This however contributes positively to the vertical articulation of the




Primary Development Control and Guideline

Comment Compliance

development and is supported. The street setback to First Avenue is 5 metres. This is consistent with the adjoining buildings and the character of the area.

State Environmental Planning Policy No 55 – Remediation of Land The requirements of State Planning Policy No. 55 – Remediation of Land apply to the subject site. In accordance with Clause 7 of SEPP 55, Council must consider if the land is contaminated, if it is contaminated, is it suitable for the proposed use and if it is not suitable, can it be remediated to a standard such that it will be made suitable for the proposed use. A contamination assessment by Environmental Investigations, Report No. E859.1AA, dated 12 March 2008 has been submitted with the development application. This report has identified that there is an underground tank that was used for the storage of turpentine. The report documents that 3 of the samples that were taken were found to exceed the threshold concentrations for sensitive land uses for a couple of parameters. However, it was concluded that since the contamination as encountered at shallow levels the source of the contamination was due to surface spillage rather than actual leakages from the underground tank. This development will require the complete removal of the underground tank and the soil around it for the construction of the basement levels. This will mean that any contaminated soil will also be completely removed. As such the assessment report makes a number of recommendations in this respect. These recommendations have been incorporated as conditions of consent. (See conditions numbered 70, 110 and 111). Based on this report, it is considered that Council can be reasonably satisfied that the site is suitable for the intended use. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 The development in identified under the Environmental Planning and Assessment Regulation 2000 as a BASIX Affected Building. As such, an amended BASIX Certificate has been prepared (No. 219505M_03 dated 26 May 2009) which provides the development with a satisfactory target rating. Appropriate conditions will be imposed requiring compliance with the BASIX commitments detailed within the Certificate. (See conditions number 5).



State Environmental Planning Policy (Infrastructure) 2007 The proposed development was identified within Schedule 3 of this SEPP and in accordance with Clause 104 was referred to the Roads and Traffic Authority for comment. The matter was considered by the Sydney Regional Development Advisory Committee on 4 December 2008 and the following comments have been provided to Council. (The RTA comments are in italics and any comment by Council’s Officer has been identified in regular font). The RTA has reviewed the development application and grants its concurrence under Section 138(2) of the Roads Act to the development application subject to the following comments being included in the Council’s conditions of development consent (should the development application be approved): 1. The design and construction of the proposed driveway and gutter crossing off

First Avenue shall be in accordance with AS2890.1-2004 and the RTA’s requirements (ie a minimum of 5m wide with 1m splays at the kerb line). Details of these requirements could be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta Ph:8849 2144. A certified copy of the design plans shall be submitted to the RTA for consideration and approval prior to the release of a construction certificate by Council and commencement of road works. The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of the works. Comment: This will be included as a condition of consent. (See condition number 57).

2. Council should ensure that post development storm water discharge from the subject site into the RTA drainage system does not exceed the pre-development application discharge.

Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works. Details should be forwarded to:

The Sydney Asset Management Roads and Traffic Authority PO Box 973 Parramatta CBD NSW 2124

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement



please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766. Comment: This will be included as a condition of consent. (See condition number 58).

3. All works / regulatory signposting associated with the proposed development are to be carried out at no cost to the RTA. Comment: This will be included as a condition of consent. (See condition number 15).

In addition, the RTA provides the following advisory comments to Council for its consideration in the determination of the development application. 4. The proposed residential parking area should be clearly segregated and secure

from the retail parking. Comment: This comment is in relation to the car parking provided for the Rowe Street development. The residential component of the development is required to provide car parking for 62 vehicles. A condition of consent will be imposed to ensure that this car parking will be segregated and secure from the retail parking. This can be achieved by the provision of appropriate barrier such as boom gates. (See condition number 59).

5. Council is to be satisfied with the fact that a 19.0m articulated vehicle and a

12.2m heavy rigid vehicle will encroach over the centre line of Rowe Street. Comment: This matter has been investigated by Council’s Development Engineer who has advised that the 19 metre articulated vehicle and 12.2 metre heavy rigid vehicle will not encroach over the centre line in Rowe Street when exiting the site.

6. Car parking provision to Council’s satisfaction. Comment: The development will provide adequate car parking that complies with the Council’s requirement.

7. Appropriate provision should be considered for furniture removalist vans. Comment: This matter is also supported by Council’s Traffic Engineer. Although there would be opportunity for removalist trucks to enter the basement, there would not be enough turning area. There would be the potential for removalist trucks to use the existing loading dock on the site. This however would be a matter for the management of the centre to coordinate with the other vehicle usage in the loading dock. It should also be noted that Council’s controls do not require a space to be provided for removalists trucks.

8. The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) should be generally in accordance with AS 2890.1-2004 and AS 2890.2-2002 for heavy vehicles. Comment: This will be conditional upon consent. (See condition number 60).



9. Council is to consider the provision of bicycle parking at a safe and convenient location and bicycle facilities such as lockers to promote the use of alternative modes of transport. Comment: Storage space has been provided within the basement that would accommodate bicycle parking for residents. Bicycle parking has also been provided in the basement level 2 plan for retail uses. A condition of consent will be required to provide details of the lockers and the method of securing the bicycle within this space. (See condition number 61).

10. An appropriate loading dock management plan should be prepared to ensure that the loading dock and its access can be satisfactorily managed to accommodate the maximum number of heavy vehicles likely to be there at the same time. Comment: This will be included as a condition of consent. (See condition number 82).

11. Any proposed new residential development should be designed such that road traffic noise from First Avenue is mitigated by durable materials and complies with the requirements of Clause 102 – Impact of road noise or vibration on non-road development) of State Environmental Planning Policy (Infrastructure) 2007. Comment: The applicant has provided an acoustic report that addresses road traffic noise. The report has concluded that appropriate noise levels will be achieved for the development subject to the recommendations in this report being adopted. A condition of consent will be imposed to ensure compliance with these recommendations. (See condition 20).

Draft SEPP No. 66 – Integrated Land Use and Transport This Policy, which was released as part of the Government’s Integrated Land Use and Transport (ILUT) package in 2001, aims to ensure that urban developments achieve the following planning objectives: (a) improving accessibility to housing, employment and services by walking, cycling,

and public transport, (b) improving the choice of transport and reducing dependence solely on cars for

travel purposes, (c) moderating growth in the demand for travel and the distances travelled,

especially by car, (d) supporting the efficient and viable operation of public transport services, (e) providing for the efficient movement of freight. The site is located within close proximity to Eastwood with access to good public transport. In this regard, the development is considered to satisfy the objectives of the Draft SEPP.

(c) Relevant REPs Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005



Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 applies to the subject site and has been considered in this assessment. The site is located within the designated hydrological catchment of Sydney Harbour and therefore is subject to the provisions of the above SREP. However, the site is not located on the foreshore or adjacent to the waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The objective of improved water quality is satisfied through compliance with the provisions of Council’s Development Control Plan No.41. The proposed development raises no other issues and otherwise satisfies the aims and objectives of the SREP. (d) Any draft LEPs Council has placed Draft Local Environmental Plan 2008 on public exhibition from 12 November 2008 to 16 January 2009. Under this Draft LEP, the zoning of the property is either B4 Mixed Use or R4 High Density Residential. The proposed development is permissible with consent within this zoning under the Draft LEP, and it is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning. (e) Any DCP The site is affected by Ryde Development Control Plan 2006. The relevant aspects are discussed below: Part 3.4 Residential Flat Building This part of the DCP is applicable to 20 First Avenue only. The DCP specifies controls in respect to density, landscaped area and parking. These controls are the same as the controls specified in the RPSO which have already been discussed earlier in the report. The DCP also contains controls in respect to height, setbacks and parking beneath the building. The development results in non-compliances with most of these controls. This is largely due to the site being a remnant site and the building being designed in context with the adjoining residential flat buildings. These aspects are discussed below: Control/Requirement Proposed Compliance Height 3 storeys 11 metres overall height

4 storeys 11 metres

No Yes

Setbacks First Avenue – 12.5 metres Rear – 7.5 metres Side – 7.5 metres

5.1 metres N/A as the building adjoins the Rowe Street building. Eastern side – 3.315m to 7.7m Western side – 3.315m to 6.06m

No N/A Yes



Control/Requirement Proposed Compliance No

Internal Setbacks 10 metres to adjoining properties

Eastern side – 10.2m Western side – 7.2m

Yes No

Balconies Balconies are to be provided to each unit

Each unit has been provided with a balcony.

Yes

Parking under Buildings Minimum ceiling height 2.2 metres. Ceiling height not to exceed an average of 1.5 metres above NGL or overall 2.1 metres. Where parking encroaches the setback, should not exceed 0.75 metres along boundaries.

2.7 metres Along the eastern and western boundary the ceiling will be an average of 1.3m and 1.8m above NGL.

Yes No

The variations to the controls are discussed below: Height The development fails to comply with the number of storeys. This control is exceeded by 1 storey as the car parking level is defined as a storey due to a recent change in the definition of storey in the RPSO. The 4 storey building is consistent with the number of storeys contained in the other residential flat buildings along First Avenue. This variation is supported. Setbacks The development fails to comply with the front setback as well as the eastern and western side setbacks. In terms of the front setback, the development has provided the same setback as the adjoining residential flat buildings. If the development was required to comply with a greater setback it would result in the building being inconsistent with the streetscape. In terms of the side setbacks, the DCP does allow variations to the controls provided that a minimum setback of 3 metres is provided and the variation to the control does not extend for more than 50% of the elevation. This occurs along the eastern boundary, however the western boundary will not comply with this requirement. The setbacks are consistent with the setbacks of the other residential flat buildings in this locality. Privacy between the development and the adjoining residential flat building will be retained due to the window placement and the use of high sill windows. The variation is supported. Parking under buildings The controls specify that the ceiling height of the parking should not exceed an average of 1.5 metres above natural ground level. In addition, where the parking



encroaches the side setback, it should not be more than 0.75 metres above natural ground level. The development cannot comply with this requirement in respect to the western side boundary. The ceiling height of the car park along the western elevation will be approximately 1.8 metres above natural ground level rather than 1.5 metres. This variation is due to the slope of the land. At the rear of the site the car parking will encroach to the side western boundary. The DCP control only permits a height encroachment of 0.75 metres whereas the development has proposed 1.8 metres. The 1.8 metre height encroachment is will be the same height as a boundary fence. For this reason, there is unlikely to be a loss of amenity to the adjoining property due to the height of this wall. The variations are supported. Part 4.1 Eastwood Town Centre This part of DCP 2006 is only applicable to the Rowe Street building. In assessing any development application, Council must take into consideration the aim of this Part that development should be consistent with the planning principles set out in the DCP. These planning principles are the same as those identified in Clause 51A of the RPSO. These matters have already been addressed in the report. Development is also required to comply with the following development policies. The applicable matters have been addressed in the following table: Control

Proposed

Compliance

Mixed Use Developments Car parking is to be provided at either street level or basement level.

All car parking has been provided in the basements.

Yes

Retail and other more active public uses are to be located at or around street level.

The development has proposed 3 tenancies which face Rowe Street as well as the pedestrian entries to the residential and retail component of the building. These uses are all considered to be active and the development complies with the DCP requirement.

Yes

Upper levels could be used for either commercial or residential.

The first floor level is proposed to contain a mixture of commercial as well as retail uses. Above this, there are two levels of residential.

Yes

Buildings should be designed to overlook public and communal

The residential component has designed the units that adjoin Rowe Street to overlook Rowe Street.

Yes



Control

Proposed

Compliance

streets and other public areas. Private living spaces and communal or public spaces should be clearly identified and defined.

The communal open space proposed for the residents within the building is clearly identified and defined. The pathways to this space are wide and part of the internal circulation space is adjacent to the communal open space.

Yes

Sufficient lighting to be provided to all pedestrian ways, building entries and car parks to ensure safety and security for residents.

No lighting details have been provided with the development application. Appropriate conditions of consent will be imposed to ensure that suitable lighting will be provided. (See conditions 131 and 154).

Yes

Pedestrians and communal areas to be well lit and designed to minimise the opportunities for concealment.

The design of the pedestrians and communal areas will prevent areas for concealment. This will be reinforced with the above condition in respect to lighting. Also NSW Police have raised no objections to the development.

Yes

Pedestrian entry to the residential component of mixed use developments to be separated from entry to other land uses in the building.

The amended design has incorporated two separate pedestrian entries that are accessed from Rowe Street. The development complies with this requirement.

Yes

Stormwater Management A stormwater inundation impact assessment to be submitted for all developments.

This was not necessary for this development application. Council’s Catchment and Assets Engineers have raised no objection to the development.

Yes

Floor levels within new developments are to be a minimum of 300mm above the calculated flood level.

The development complies with this requirement.

Yes

Development is to comply with Council’s Stormwater Management DCP No. 41

Council’s Development Engineer has advised that subject to appropriate conditions of consent, the development satisfies the DCP requirements.

Yes

Architectural Characteristics Height Buildings are to comply with the maximum height limit shown on the

The building does not comply with the 12 metre height control. This matter has been discussed in detail under the RPSO. The

No. The variation is acceptable



Control

Proposed

Compliance

appropriate map. variation in height is considered to be acceptable due to the lack of impacts to the surrounding properties.

Development is to be within the envelope of the “sun altitude height plane” being the plan projected at an angle of 26o over a building site measured from the property boundary on the opposite side of the road.

The development results in minor variations to the sun altitude height plane. These variations occur in respect of the upper level of the western most lift and entry of the building where there is a breach for the upper 1 metre of this part of the building. The other breach is for a maximum of 1.5 metres in the northern western corner of the upper residential level. Variations are permitted where the breach results in an improved design solution for the site and the extent of the variation is only minor and the development plans demonstrate that the intention of the control is largely met. The variation ensures that the design incorporates verticality into the façade as well as unifying the podium and residential component. In this instance, the variation is considered acceptable.


Setbacks New buildings are to have street frontages built predominantly to the street alignment for the first 2 storeys.

The development has provided a zero setback for the first 2 levels of the building.

Yes

Buildings may be constructed to the side and rear boundaries for the first 2 storeys.

The development has been built to the boundaries along the eastern and western side boundaries. The rear setback of the building will provide either a zero setback or 3 metre setback. The 3 metre setback is located adjacent to 14 and 16 First Avenue while the zero setback is proposed adjacent to 22 First Avenue.

Yes

Buildings (including balconies) are to be setback a minimum of 3 metres from all boundaries above the first 2 storeys.

The development complies with this requirement for the side and rear boundaries. There is a non-compliance along the Rowe Street elevation with the lift and passageway having a zero setback. Although this does not comply with the DCP requirement, the variation does allow the development to incorporate verticality to the elevation. Such an approach was supported




Control

Proposed

Compliance

by the Urban Design Review Panel. Urban Design / Exterior Finishes Building exteriors are to be designed to avoid extensive expanses of blank glass or solid walls.

The Rowe Street elevation complies with this requirement. The side and rear elevations of the first 2 floors has proposed solid walls. This cannot be avoided as the development is being constructed to the boundaries, which is permitted by the controls. This control is really only appropriate to the street facades of developments and in the case, the Rowe Street elevation complies.

Yes

Balconies and terraces are to be provided.


Yes

All new buildings should incorporate a colour scheme using the colour palette.

The colour palette has not yet been developed. A schedule of materials and finishes has been submitted with the DA and this is considered satisfactory. The development has been conditioned to comply with this schedule. (See condition 18).

Yes

The siting and configuration of buildings should take into account the impact on surrounding development and public spaces in terms of amenity, shadowing and visual privacy.

The development is considered acceptable in terms of overshadowing, visual privacy and amenity.

Yes

Tops of buildings are to be designed so they integrate with the design of the building and conceal plant equipment.

The plant equipment will not be visible from either First Avenue or Rowe Street.

Yes

Access and Parking Car parking associated with uses other than retail should be provided below ground level or where it is not visible from the street.

All of the car parking is proposed within the basement.

Yes

To minimise conflict between resident, delivery and customer

The residential car parking is proposed to be provided on basement level 3. A condition of consent will be imposed to ensure that

Yes



Control

Proposed

Compliance

vehicles, car parking associated with residential uses should be provided separately from parking for other land uses.

these spaces are segregated and secure from the other car parking spaces within the building. (See condition 59).

Off street parking is to comply with the following: Residential: 1 bedroom unit – 1 space 2 bedroom unit – 1.2 spaces 3 bedroom unit – 1.6 spaces Visitors – 1 space per 4 units Retail uses: 1 space per 25m2 floor area accessible to the public. 1 space per suite. Offices: Not more than 1 space per 46m2 of NUFS.

The residential component will require 51 resident spaces and 11 visitor spaces. The retail car parking is based on the area of site accessible to the public. At this stage the final uses of the retail is not known so it is not possible to accurately know what spaces will be available for the public. In these circumstances, the RTA guidelines have assumed that 75% of the floor space will be accessible to the public. The development proposes 4465m2 of retail space. (This figure excludes the passageways). 75% of this figure is equivalent to 3349m2. Based on this requirement and 1 space per suite plus I space per 25m2, the parking for the retail component will be 143 spaces. The commercial component will require 8 car parking spaces. In total the development is required to provide 213 car parking spaces. 224 car parking spaces are proposed within 3 levels of basement car parking.

Yes

Location of Vehicle Access and Footpath Crossings The design and location of vehicle access is to minimise conflicts between pedestrians and vehicles as well as minimise the visual intrusion and disruption of streetscape continuity.

The amended plans have reduced the width of the vehicular crossings from 2 to 1. This has significantly improved the streetscape appearance while also contributing to improved pedestrian safety.

Yes

New vehicle access points are to be restricted in retail /pedestrian priority streets. Where

The development has incorporated the one access point in Rowe Street. Although Rowe Street is a retail / pedestrian priority street there is no alternative to this access

Yes



Control

Proposed

Compliance

possible access is to be via minor streets and lanes.

point as the site does not adjoin a minor street or lane. The RTA would not approve any access from First Avenue through to the Rowe Street due to the adverse impacts this would have on the traffic movements within First Avenue.

Service vehicle access is to be combined with parking access and limited to a maximum of 1 access point per building.

The development complies with this requirement. All service vehicles will use the combined access driveway.

Yes

Design of Vehicle Access Wherever practicable, vehicle access is to be a single crossing, perpendicular to the kerb alignment.

The vehicular crossing is a single crossing that is perpendicular to the kerb alignment.

Yes

Active uses or items of visual interest above vehicle access points are required in the horizontal line of sight of pedestrians.

The awning has been provided above the vehicular entry. This is considered to satisfy the requirement.

Yes

Vehicle entries are to have high quality finishes to walls and ceilings. No service ducts or pipes are to be visible from the street.

From the finishes proposed the development will comply with this requirement. A condition of consent is proposed to ensure that no service ducts or pipes are visible from the street.

Yes

Pedestrian Access and Amenity Buildings that face retail /pedestrian priority streets are to contribute to the liveliness and vitality by providing one or more of the following: • Retailing, food/drink

outlets, customer counter services or other services which provide pedestrian interest.

• Enclosed shop fronts with window displays

At this stage the uses of the various tenancies within the development is not known. The development has proposed three tenancies with frontages to Rowe Street. These tenancies are all enclosed which will allow for visual interest such as display cases to be provided. There are two entries to the retail component and these will clearly serve as the main entrances to the building. As the tenancies which adjoin Rowe Street are enclosed, there is no opportunity for queuing onto the streetscape.

Yes



Control

Proposed

Compliance

of goods and services.

• Open shopfronts to food outlets and/or interiors with tables and chairs for diners.

• Indoor queuing space for activities that may involve queuing so that footpaths remain free for pedestrian movements.

• A high standard of finish for shopfronts.

Ground floor is to be flush with the street footpath for the predominant level of the street frontage and at the main entry to the building.

It is intended that access will be provided directly to the tenancies from Rowe Street for those tenancies adjacent to Rowe Street. The rest of the retail centre will be accessed via the retail entries. From the levels provided on the plans, it will be possible for access to be flush with the street.

Yes

All street frontage windows at ground level are to have clear glazing.

From the plans and schedule of finishes, glazing will be provided to the street frontage. A condition of consent will be imposed to ensure this glazing is clear. (See condition 129).

Yes

Enclosed shopfronts are preferred to open shopfronts.


Yes

Security grilles to be fitted only within the shopfront. Such grilles are to be transparent.

No security grilles are shown on the plan. A condition of consent will be imposed to ensure that in the future any security grilles are transparent. (See condition 14).

Yes

Circulation Where circulation is provided through a site or within a building serving to connect 2 points, the thoroughfare should function as a shortcut, be continuous and level with pedestrian areas and incorporate an active edge of retail or commercial uses.

The retail component has incorporated circulation through the site with each level being connected by a travelator or lift. Each tenancy or kiosk will be accessed directly from the internal circulation which will ensure that an active edge is provided. The development also incorporates a through site link from the level 1 plan to 20 First Avenue. This will function as a shortcut for the occupants of 20 First

Yes



Control

Proposed

Compliance

Avenue to access the Rowe Street building. Landscaping and Trees Ground level entry areas to upper level dwellings should be well lit and not obstructed by planting.

All entrances are unobstructed and identifiable. The residential entrances have been appropriately separated from the retail entrances. A condition of consent will be imposed to ensure the entrances are appropriately lit. (See condition 92).

Yes

Street trees are to be provided in accordance with the Master Plan for the Centre.

Council’s City Landscape Architect has advised that no street trees are to be provided on this part of Rowe Street.

Yes

Where a proposal involves redevelopment of a site with a frontage of at least 40m to a public road, electricity and telecommunications utilities are to be undergrounded along the entire length of the frontage.

A condition of consent will be imposed to ensure that all telecommunication and utilities are undergrounded. This work would be required to be completed to the satisfaction of the responsible authority. It is likely that Council may also undertake these works. The condition has been written to ensure that if the works are undertaken by Council, then the applicant will be required to pay a monetary contribution for these works.(See condition 75). The condition requires that the undergrounding work is to be coordinated with the public works program.

Yes

Where utility installations are undergrounded, Council will waive 50% of the total contribution towards public space acquisition and embellishment normally paid under Section 94 Contribution Plan.

This will be reflected in the Section 94 calculation.

Yes

Awning and Colonnades Buildings must incorporate an awning or colonnade along the street.

The development has incorporated an awning along the Rowe Street elevation.

Yes

The height of the awning shall not be less than 3 metres or greater than 4.5 metres.

The awning will not have a height from ground of less than 3m. The awning has also been provided over the entry to the car park. As the car park entry needs to accommodate 12m rigid trucks and 19m

Yes



Control

Proposed

Compliance

semi trailers, the opening height of the car park must be a minimum of 4.5 metres. This results in the awning exceeding the maximum height of 4.5m. The non-compliance occurs over the entry to the car park only and cannot be avoided in these circumstances.

The width of the awning shall not be less than 3 metres.

The awning will have a minimum width of 3 metres.

Yes

Any awning should: • Be continuous for the

entire length of the site frontage.

• Be set back from the kerb by 0.6 metres.

• Have cut outs 1m wide by 1 m deep to accommodate street trees.

• Be weather sealed to the face of the building to which they are attached.

• Have a height clearance above the footpath level of at least 3m.

• Maintain sufficient clearances from any overhead electricity or telecommunications installation.

The awning complies with the requirements. Yes

Ground level shops may incorporate see-through security grills or translucent barriers to ensure that maximum light is transmitted to footpath areas.

This matter has been addressed as a condition of consent. (See condition 14).

Yes

Environmental Management Sunlight Major public spaces should receive at least 50% sunlight for 2 hours

The development will not overshadow any major public spaces. The communal open space located in the Rowe Street building

Yes



Control

Proposed

Compliance

between 10am and 2pm on June 21.

will receive a minimum of 2 hours of sunlight for at least 50% of the area during mid winter.

Windows to north facing living areas should receive at least 3 hours of sunlight between 9am and 5pm on June 21. North facing windows to living areas of neighbouring dwellings should not have sunlight reduced to less than the above 3 hours.

All north facing windows within the development will receive 3 hours of sunlight. Approximately 73% of the apartments will receive 3 hours of sunlight. The north facing windows in the units within the adjoining development at 14 and 16 First Avenue will maintain 3 hours of sunlight.

Yes

Wind Standards Building design is to minimise adverse wind effects on recreation facilities and open terraces.

The design of the residential development will limit the impacts of wind effects on the communal open space due to the development surrounding this space.

Yes

Energy Efficiency of Buildings Buildings are to be designed to ensure that energy usage is minimised.

The development will be constructed in accordance with the requirements provided in the BASIX Certificate.

Yes

Reflectivity New buildings and facades should not result in glare that causes discomfort or threatens safety of pedestrians or drivers.

A condition of consent has been imposed to require the applicant to provide a report from an appropriately qualified person to verify that the Rowe Street building and facades will not cause any reflections that would cause either disability glare for passing motorists or unacceptable discomfort for passing pedestrians. (See condition 63).

Yes

Visible light reflectivity from building materials on the facades of new buildings should not exceed 18%.

A condition of consent will be included to ensure compliance. (See condition 153).

Yes

Waste Management A waste cupboard or other appropriate space is to be provided within the dwelling for temporary storage of


Yes



Control

Proposed

Compliance

wastes. In residential developments where communal facilities are proposed, the area or room is to be of sufficient size and is to be easily accessible.

The applicant has designed the size of the waste areas following a meeting with Council’s Waste Coordinator. The residential properties will access the waste area from a lift that will go directly to the basement adjacent to the waste area.

Yes

Every commercial and retail building is to be provided with a waste storage and recycling area that is to be flexible in size and layout to cater for the future changes of use.


Yes

Part 7.1 Energy Smart, Water Wise The DA has been reviewed in relation to the relevant standards and policies in Part 7.1 Energy Smart, Water Wise of the Ryde DCP 2006. This DCP provides a strategic framework for achieving sustainable development and new developments are required to comply with the minimum energy performance standard. The following table demonstrates the control and the development's response. Control Comment ComplianceRFB (including those contained in mixed RFB/commercial developments) Each new dwelling must achieve a minimum 3.5 Star NatHERS energy rating of internal thermal comfort.

The applicant has provided a BASIX Certificate which demonstrates that the dwellings will achieve an acceptable thermal comfort. No details were submitted to demonstrate that the development will comply. A condition of consent will be imposed. (See condition 5).

Yes

Hot water systems are to achieve a minimum 3.5 Star Greenhouse score.

A condition of consent will be imposed. (See condition 19).

Yes

The ceiling/roof and walls must be fitted with insulation. The ceiling/roof insulation is to achieve R3.0 or equivalent and the walls insulation is to achieve R1.5 or equivalent.


Yes

Where electric clothes dryers The BASIX Certificate submitted with Yes



Control Comment Complianceare to be installed, they must achieve a minimum Greenhouse score of 3.5.

the development has specified that the dryers will achieve a 4 star rating.

Water efficient fixtures are to be installed to all showerheads and toilet cisterns. These are to achieve AAA rating.


Yes

New Shops, Industrial and Commercial Premises (involving a GFA greater than 1000m2) The total anticipated energy consumption for the base building is no greater than 450MJ/am2 for commercial uses and 900MJ/am2 for retail uses.

No information was submitted with the development application to demonstrate compliance. A condition of consent will be imposed. (See condition 19).

Yes

Hot water systems are to achieve a minimum 3.5 Star Greenhouse score.


Yes

Water efficient fixtures are to be installed to all showerheads and toilet cisterns. These are to achieve AAA rating.


Yes

The use of electrical appliances such as dishwashers, refrigerators, freezers and washing machines are to have a minimum Energy Star Rating of 3.5 Stars.


Yes

The installation of energy efficient lighting, motion detectors and dimmers is encouraged.


Yes



Part 7.2 Waste Minimisation and Management As the development involves the demolition and construction of buildings the applicant submitted a Waste Management Plan (WMP) which has been reviewed by Council’s Environment Officer and is considered satisfactory. Appropriate conditions of consent will be imposed to ensure that the waste materials will be disposed of satisfactorily. This DCP also requires that development provide an appropriate space for the storage of wastes. This space is to be separated for the commercial and residential uses. The development complies with these requirements and no objections have been raised by Council’s Waste Management Co-ordinator. Part 9.2 Access for People with Disabilities This DCP requires that for residential development it is necessary to provide an accessible path of travel from the street to and through the front door to all units on each level of the building. Also 10% of the units are to be adaptable units in terms of AS4299. The ground and first floor of the retail and commercial development must comply with all of the applicable provisions of the DCP. The building must be accessible to people with disabilities, via a continuous accessible path of travel to and through the entrance, with doors and doorways of appropriate design to be used by people with a disability, and appropriately tactile ground surface indicators, furniture and sanitary facilities. Council’s Access Consultant has reviewed the development application and has raised the following issues in terms of Council’s DCP: • Threshold details and arrangements for accessible entrances to the retail levels

from Rowe Street. Concern was raised in respect to whether the individual tenancies would have direct access from Rowe Street or within the development via the internal space. The design has proposed access via Rowe Street and the internal space. Council’s Access Consultant has advised that the levels from the plans indicate that access is capable of complying however has requested a condition of consent to verify the threshold details. (See condition 71).

Concern was raised by the Access Consultant that the level 2 retail entrances is only accessible via steps. This is not correct. While there are steps at the entry, there is also an accessible area adjacent to Rowe Street.

• Overcoming the changes in RLs within the retail tenancies. A number of lifts, ramp and travelator is included within the retail area to provide access between levels 1 and 2. Concern is raised that at least 1 retail tenancy along Rowe Street has significant level changes and steps within the store. This would not provide an accessible path of travel. The applicant’s Access Consultant has suggested



that if required, an internal vertical lift could be provided. This will be included as a condition of consent. (See condition 72).

• The location of the adaptable units. The DCP requires that for developments of

over 30 units, 10% of the units are to be adaptable. This results in the development being required to provide 6 adaptable units. All 6 of the units have been provided in the Rowe Street building. While it would have been preferable to provide at least 1 adaptable unit within the 20 First Avenue building, it must be remembered that the development includes both sites and so it does actually comply with the DCP requirements. A condition of consent will be imposed to ensure that the adaptable units are adequate in terms of their layout and circulation space. (See condition 125).

• Units within 20 First Avenue are only accessible via stairs from the exterior

pathway. Access is available from the basement and via the lift to all floors. In addition to this, the applicant has also included a stair crawler in the main entry foyer. This is a platform that is attached to the wall and can be used to provide wheelchair access. Both access arrangements are considered acceptable.

Part 9.3 Car Parking The car parking requirements are the same as what has already been addressed in the report in terms of the RPSO and Part 4.1 Eastwood Town Centre. The development complies with this requirements. Section 94 Development Contribution Plan 2007 Council’s Section 94 Development Contribution Plan 2007 applies to the subject site. The following contributions would be payable under this plan: Contribution Item Rate Total Payable Community and Cultural Facilities

1 bedroom $1912.10 2 bedroom $2294.52 3 bedroom $2931.88 Commercial $33.53/m2

Retail $16.76/m2

26 units $49714.60 23 units $52773.96 6 units $17591.28 195m2 $6538.35 4780m2 $8011.28 Total $134,629.47

Open Space and Recreational Facilities

1 bedroom $4707.19 2 bedroom $5648.63 3 bedroom $7217.69

26 units $122386.94 23 units $129918.49 6 units $43306.14 Total $295,611.57

Civic and Urban Improvements


Retail $26.66/m2


Roads and Traffic 1 bedroom $218.39 26 units $5678.14



Management Facilities 2 bedroom $262.07 3 bedroom $334.87 Commercial $7.51/m2

Retail $7.51/m2

23 units $6027.61 6 units $2009.22 195m2 $1464.45 4780m2 $35897.80 Total $51,077.22

Cycleways 1 bedroom $136.41 2 bedroom $163.69 3 bedroom $209.16 Commercial $4.54/m2

Retail $2.27/m2


Stormwater Management Facilities


Retail $10.38/m2


Plan Administration 1 bedroom $36.79 2 bedroom $44.14 3 bedroom $56.39 Commercial $1.23/m2

Retail $0.61/m2


Total $824,330.29 A condition of consent will be imposed to require this monies to be paid. (See condition 43). 10. Likely impacts of the Development Architectural Characteristics The future Character Statement for Eastwood as provided in Part 4.1 of DCP 2006 is as follows: In the future, Eastwood will be a place specifically designed for the enjoyment and utility of pedestrians and a place which allows convenient access for people between home, work, shopping and leisure. It will also be a place which has a high level of aesthetic amenity at street level; have safe attractive and convenient public spaces; be a vibrant, viable and profitable commercial centre; and contain an appropriate mix and arrangement of uses, which satisfactorily integrate with existing surrounding activities. The Rowe Street development is the second recent development in this part of Rowe Street, with the first being located on the corner of Blaxland Road and Rowe Street. Accordingly, the surrounding buildings are inconsistent in terms of their scale, character and use with the proposed development. However, this part of Eastwood



is in transition with the desired future character of the locality identified in the planning controls. The desired future character in respect of the architectural characteristics of buildings identified in the LEP and DCP include controls on height, setbacks, exterior finishes, access and parking and pedestrian access and circulation. The development complies with these requirements with the exception of building height and front setbacks. These variations are considered acceptable in the circumstances of the proposal as presented. The proposed built form and character of the development will contribute to an attractive public domain as well as producing a desirable setting for the intended uses. Access and Traffic The development has proposed two separate entry / exit driveways, one for the Rowe Street building and the other for the First Avenue building. The Rowe Street entry / exit will be shared between the residential parking as well as the retail / commercial parking and service vehicles. The width of this entry / exit will cater for the largest vehicle required to service the site being a 19 metre long articulated vehicle. The single crossing on Rowe Street will reduce the impact of the vehicular entry / exit on the streetscape as well as improve pedestrian safety. The access to the First Avenue building will be via a 5 metre wide combined entry / exit. This access way will service the 12 units within this building only. The traffic report submitted with this development application has been reviewed and is supported by Council’s Traffic Engineers. This report has estimated the likely traffic generation and impacts from the development based on information in the RTA’s document “Guide to Traffic Generating Developments”. Using the criteria in this document, the proposed development would generate approximately 366 weekday pm peak hour vehicle trips. As the development is replacing the old hardware use on the site, to determine the exact increase in traffic movements, the traffic generated by the proposed development should be discounted by the traffic generated from the previous hardware use. This results in an increase in traffic generation over the previous development to be 144 weekday pm peak hour vehicle trips. This information has then been used to determine the impact on the 3 intersections in the vicinity of the site being: • First Avenue / Rutledge Street/ East Parade traffic signals. • East Parade / Railway Parade / Rowe Street roundabout. • Blaxland Road / Rowe Street. The traffic report has concluded that there will be no significant impact on the adjacent road system or nearby intersections.



Overshadowing and Solar Access The extent of overshadowing is an important consideration in terms of amenity to the proposed development as well as adjoining properties. At least 73% of units within the development will achieve at least 3 hours of sunlight during mid winter. 50% of the communal open space will also achieve 2 hours of sunlight in mid winter. The development will comply with the requirements of Council’s codes and the SEPP 65 requirements in terms of providing acceptable amenity within the development. The development will result in overshadowing to the adjoining residential properties at 14, 16 and 22 First Avenue. Council’s controls require that the north facing windows of adjoining buildings retain 3 hours of sunlight to part of the windows in mid winter. The north facing windows are located in the rear elevation of the residential flat buildings at 14, 16 and 22 First Avenue. As a result of the amendment to unit 43, all of the windows will receive adequate sunlight. Visual Privacy Visual privacy is another important amenity consideration. Although there are no residential developments currently located on the adjoining side properties to the Rowe Street building, the setbacks for the residential component have allowed for future development to occur and provide sufficient distance between developments to maintain visual privacy. Visual privacy from the Rowe Street building to 14, 16 and 22 First Avenue will be maintained due to adequate building separation. The design of the First Avenue building has incorporated high sill windows as well as window placement and screening to balconies to limit the potential overlooking to 16 and 22 First Avenue. Safety By Design In assessing this development application Council must have regard for the “Crime Prevention Guidelines to Section 79C of the Environmental Planning and Assessment Act, 1979” issued by the Department of Planning in April 2001. These guidelines include 4 key areas for assessment: 1. Surveillance 2. Access Control 3. Territorial Reinforcement 4. Space Management



Generally, the proposed development is capable of addressing each of the above criteria in an acceptable manner. The development application was referred to NSW Police in accordance with the Protocol for Assessment of Development Applications entered into between the City of Ryde and the Eastwood Local Area Command and a response was provided on 24 April 2007. Having regard to the matters raised by NSW Police, appropriate conditions of consent have been included in the recommendation of the report (see conditions 126, 127, 128, 131, 132, 134, 135, 136, 143, 160 and 161). Construction Impacts Construction impacts are controlled by Part 8.1 of the Ryde DCP 2006. Council’s standard conditions of consent have been imposed to control the impact of the construction activities. In addition to these conditions, it is proposed to include a condition to require a Construction Management Plan to be submitted and approved by Council prior to the issue of any Construction Certificate. Hours of Operation The applicant has not proposed any hours of operation for the retail / commercial development. At this stage, as the intended uses are not known however it is appropriate to include a condition of consent to restrict the hours of operation of the retail/commercial development. This will ensure all future uses within this building will need to operate within the times specified as well as ensuring the amenity of the future and surrounding residential uses is maintained. In the recent approved development of the Eastwood Shopping Centre, the hours of operation were same as what occurs in the West Ryde. These hours of operation are between 7.00am to 12.00am, Monday to Saturday and 7.00am to 10.00pm on Sundays. These hours are also considered appropriate for this development. This has been imposed as a condition of consent (see condition 158). 11. Suitability of the site for the development The site is considered to be suitable for the development.



12. The Public Interest In the circumstances of this development application, the public interest would be to ensure that the development complies with the desired future character of the Rowe Street locality and provides redevelopment opportunities where appropriate. As demonstrated in this report, the development is considered to be in the public interest. 13. Management Plan Linkages Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2011):

P1 A vibrant city that is economically strong and engages its community through

cultural and social activities. P2 A city that plans for people by involving them in decision making to improve their

quality of life. P3 A harmonious community through a culturally enriched and respectful society. The development application was advertised and notified twice during the assessment period. During the first exhibition period a total of 4 submissions were received. 2 submissions were received in respect of the second exhibition period.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2008-2011):

A2 Well designed places and spaces that minimise personal harm and where

people interact with each other. A3 A high standard of visual appearance for our infrastructure, built environment

and public areas. The development in Rowe Street proposes a departure from the traditional built forms in the area by introducing a contemporary mixed use building. This part of Rowe Street is currently under transition with the development complying with the requirements of the various planning instruments. In this regard, the development will set both a high standard in terms of architectural appearance and environmental performance.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2008-2011):

E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use.

2009.



The development has been assessed against the various provisions of Council’s DCP 2006 which includes sustainable practices in building, waste management, transport, energy systems and water use. In this regard, the development has been found to be able to comply with the provisions of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and the relevant parts of DCP 2006 (Part 7.1 – Energy Smart, Water Wise, Part 7.2 – Waste Minimisation and Management, Part 8.1 – Construction Activities and Part 9.2 – Access for People with Disabilities) subject to the imposition of appropriate conditions should the application be approved.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):

G1 Improved awareness and understanding of Council’s decisions by the

community. G2 Members of the community are engaged in democratic decision making. G3 Review of best practice approaches on Governance to enhance the delivery of

services to the community. G4 A safe working environment with skilled and motivated staff who are committed

to the organisation’s vision and values. G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment. The application was notified twice throughout the course of its assessment due to the submission of amended plans. All submissions received in response to the above notifications have been addressed in this report. Additionally, the proposal is to be heard at the Development Committee which enables the community to engage in the democratic decision making of the application. All relevant legislative and statutory requirements, as stipulated under Section 79C the Environmental Planning & Assessment Act, 1979 have been addressed in this report.

2009.



14. Consultation – Internal and External Internal Referrals:

Development Engineer: The following comments were provided by the Development Engineer: The proposed mixed use development is located on a site with good natural cross fall towards the northwest corner of Rowe Street. Under the Eastwood & Terrys Creek Floodplain Risk Management Study & Plan, the site is mapped as being partially affected by overland flow only on Rowe Street adjacent to the northwest corner of the site. The application has been referred to the Drainage Team for assessment in relation to this matter and they have replied as being satisfactory and raised no objections to the proposal. The applicant’s engineer has submitted a stormwater concept plan for the site showing the majority of the site areas runoff will be collected and piped to Rowe Street via a 49m3 On-site detention tank suspended under level one floor level adjacent to Rowe Street exit stair. The design in principle is considered to be generally satisfactory, however it could not be recommended for approval, as there are numerous design calculations non-compliances with Council’s stormwater policy. As these matters, could be resolved through redesign, it is recommended that this be resolved via a deferred commencement consent. In relation to access, the applicant has proposed a driveway width of 8m wide at the entrance, which widen to 10.5m internally to service the B85, B99% cars and 19m articulated semi trailers that will be visiting the site for the delivery of goods. The car parking layout including safe pedestrian sight distance at Rowe Street entrance is considered to be generally satisfactory and in accordance with AS 2890.1-2004 and AS 2890.2-2002. However, to minimise the likely potential conflict between semi trailers and cars patronizing the site, it is proposed that the delivery of goods to the site via the use of semi-trailers be restricted to “off peak” periods i.e. during the early morning and late evening hours of the day. This matter can be addressed via condition. In view of the above, no objections are raised to the proposal, subject to the following engineering conditions. Landscape Architect: The following comments were provided by Council’s Consultant Landscape Officer: With regard to the subject tree, a Tallowwood (Eucalyptus microcorys) growing at the rear of 14 First Ave: Plans now indicate a setback of 6m to any cut associated with construction, and the arborist's report prepared by Terrence Machin, dated 30th March, 2009, satisfactorily addresses construction management issues and site supervision. Care will have to be taken in construction due to the building facade (plant room and level 2 retail)



being cantilevered over the rootzone of the tree, however with suitable management this is considered acceptable A condition of consent will be included to require appropriate tree protection measures to be provided for the tree on 14 First Avenue. Environmental Health Officer: No objections are raised to the development subject to appropriate conditions of consent. Consultant Access Engineer: No objections have been raised by the Access Engineer subject to conditions of consent. Drainage Team: No objections are raised to the development. External Referrals NSW Police The following comments were provided by NSW Police: The development has been identified as medium crime risk. With this in mind the following Crime Prevention Through Environmental Design (CPTED) treatments should be considered for the development in order to reduce opportunities for crime.

• Natural • Technical / Mechanical (low) • Organised (low)

Surveillance Recommended conditions of consent: • CCTV should be used throughout the complex, paying particular attention to the

internal area of the retail area and the entry and exit points to the residential areas. Attention should be paid especially entry and exit points of the whole complex. CCTV should also be used around the loading dock area and car park entry and exit points.

• Where plants and shrubs are used around the building, there should be regular pruning of plants which will ensure clear sight lines so that people passing by the building will act as guardians for the building.

• Security mirrors should be installed within corridors and on blind corners to enable users to see around blind corners.

• Toilets entry/exit points should onto active areas, rather than down corridors to avoid potential area of entrapment and loitering.

• Areas that are not used after business hours should be controlled using a system of bollards, ropes and other devices which restrict access into these areas. This avoids people roaming through empty sections of the space at late hours. Also sectioning off areas of the car park using boom gates after hours, particularly



areas that are unused, can limit the areas people can use for parking so that it is concentrated in a specific area which will be more likely to be used by many people. This maximises natural surveillance.

Lighting • Australia and New Zealand Lighting Standard 1158 – Car Parks must be used

throughout the development. • The walls and ceilings of the car park areas should be painted a light colour. This

can assist in reducing power consumption in order to comply with the Australia New Zealand Standards – Lighting.

Territorial Re-enforcement • That signage is used to indicate entries and exits to both the building and car park

areas. Signs should be clear, legible and useful. • A street sign should be prominently displayed at the front of the development to

comply with Local Government Act, 1993, Section 124, Order No. 8. • Signage also needs to be provided at entry/exit points and throughout the

development to assist users and warn intruders they will be prosecuted. This is particularly important when separating the commercial/retail area from the residential area. Clear signage should indicate residential and restricted areas.

• Signage needs to be provided within the car park to provide way finding to users of these areas.

• Signage also needs to be provided on the fire exit doors warning users that the doors are to be used for emergency purposes only.

• Location maps should be used throughout the complex to indicate to shoppers/visitors where they are and directional signage should be used.

• Clear signage identifying where the loading dock is located should be erected at the street entry, and it should prohibit unauthorized entry.

• Signs should be erected in the car parks and near entry and exit points which details security measures and reminds people to lock their vehicles and remove valuables from their vehicles.

Environmental Maintenance • There is no information within the plans which indicate what maintenance policies

will be included within this development. A maintenance policy needs to be established for this development.

• A graffiti management plans needs to be incorporated into the maintenance plan for the development.

• All surfaces on the street frontages that are not glass should use graffiti resistant paints and/or other surfaces that discourage graffiti.

Access Control • The entry to the car park should have a security gate system which can only be

accessed by residents. • The main entry/exit points for this development should be fitted with single

cylinder locksets (ANZ Standards – Locksets), which comply with the BCA.



• Intercom facilities should be incorporated into these entry/exit points to enable residents to communicate and identify with people prior to admitting them to the development. An auxiliary lock set should also be incorporated into the design of each of the entry/exit points to enable emergency services to access the development particularly in emergency situations.

• Fire exit doors to the development should be fitted with single cylinder locksets to restrict unauthorised access to the development.

• The main entry/exit doors to individual units should also be fitted with single cylinder locksets to restrict unauthorised access to the unit.

• The balcony doors to individual units should also be fitted with single cylinder locksets to restrict unauthorised access to the unit.

• The windows to individual units should also be fitted with single cylinder locksets to restrict unauthorised access to the unit.

These matters will be included as conditions of consent. (See condition numbers 126, 127, 128, 131, 132, 134, 135, 136, 143,160 and 161). 15. Critical Dates There are no critical dates or deadlines to be met. 16. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 17. Other Options Other options were not considered relevant for this application. 18. Conclusion: Although the development involves the erection of two buildings, each of these buildings are subject to separate planning controls. The development on 20 First Avenue represents an opportunity to provide a new residential flat building that has been designed to be in context with the adjoining buildings while providing improved amenity to occupants with the provision of disabled access and adequate car parking for visitors to the site. Despite this the development does result in variations to the setback, landscaped area and density controls. These variations are all supported as the site is a remnant site and the impacts from the variations are minimal. The development on 52-78 Rowe Street provides an opportunity for the redevelopment of part of Eastwood. This development will be in accordance with the current planning controls that provide for a desired future character of the area. The development results in non-compliances with these controls due to height as well as the front setback to Rowe Street. Despite these variations, the development provides



an appropriate streetscape to Rowe Street and results in minimal adverse impacts to the adjoining properties. The development application is recommended for approval. RECOMMENDATION: (a) That Local Development Application No. 744/08 at 52-78 Rowe Street and 20

First Avenue Eastwood being Lots 1 and 2 DP 214786, Lot 9 DP 3962, Lots 1 and 2 DP 395709, Lot B DP 371880 and Lot 25 DP 660052 be approved as a deferred commencement consent subject to the following conditions;

DEFERRED COMMENCEMENT This consent shall not operate until a satisfactory stormwater drainage plan has been submitted to Council for approval addressing the following;

a. The drainage design shall be based on a realistic Drains computer model that allows for accurate estimation of pre and post development flows. Additionally the analysis shall be completed for all recurrence intervals and durations ranging from the 1 in 5 year ARI and up to and including the 1 in 100 year ARI storm events.

b. Stormwater discharge connection to the kerb is not permissible due to high permissible site discharge. Accordingly the discharge shall be piped directly to Council’s existing stormwater pipeline located in Rowe Street.

c. All high level emergency overflows escape route from detention and or proposed rainwater tanks shall not be charged and the use of flap valves to prevent back flow will not be permitted.

d. All design shall ensure there is adequate cover over all proposed pipelines. e. The design shall fully comply with Part 8.2 of Council’s Stormwater

Management Manual. GENERAL 1. Development is to be carried out in accordance with the following plans and

supporting documentation as submitted to Council, except where amended by these conditions of consent:

Document Author Date and

Revision Basement level 3 Horizon Project Solutions N 21/5/09 Basement level 2 Horizon Project Solutions N 21/5/09 Basement level 1 Horizon Project Solutions N 21/5/09 Level 1 Horizon Project Solutions Q 28/5/09 Level 2 Horizon Project Solutions Q 28/5/09 Level 3 Horizon Project Solutions L 29/5/09 Level 4 Horizon Project Solutions L 29/5/09 Elevations Horizon Project Solutions N 29/5/09 Sections Horizon Project Solutions M 18/5/09



Landscape Plan ULP Urban Landscape Planners Pty Ltd

C 25/5/09

2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing of

a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

5. The development is to be carried out in compliance with BASIX Certificate No.

219505M_03 dated 26 May 2009. 6. Any architectural and/or fixture changes to the development will require the

submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

7. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

8. Retaining walls and drainage

If the soil conditions require it:



a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage. 9. Support for neighbouring buildings

If the soil conditions require it:

a) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

manner, and iii) 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.

b) 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 an adjoining allotment of land.

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

10. Protection of Public Places

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

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

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

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

11. Telephone Installations

Advice should be obtained from your local telecommunications office regarding any telephone lines required to be installed in concrete floors.

12. Australia Post

Approval for the site and size of proposed household mailboxes must be obtained



from Australia Post. 13. Waste Management Plan - Should you wish to vary the information provided in the

Waste Management Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

14. The shop front may incorporate only see-through security grilles or translucent

barriers to ensure maximum light is transmitted to footpath areas. Metal or roller shutter doors are not permitted. Development consent is required for any security grilles or translucent barriers.

15. All works / regulatory signposting associated with the proposed development are

to be carried out at no cost to the RTA. 16. No approval has been granted for any signage or signage zones on the external

elevations of the building. Any signage will require the submission of a new development application and must demonstrate how the signs are of a size and proportion which will complement the scale of the existing façade.

17. A separate development application must be submitted to Council to fitout and

operate the proposed retail and commercial tenancies. 18. The development materials, colours and finishes must be in accordance with the

sample board dated 19 May 2009. 19. The development building must be in accordance with the City of Ryde’s DCP in

terms of energy efficiency and the following:

(a) Each new dwelling is to achieve a minimum 3.5 Star NatHERS energy rating of internal thermal comfort.

(b) Where a hot water system is of domestic / residential scale it must achieve a minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase.

(c) Ceiling / roof and walls must be fitted with insulations. Ceiling / roof insulation must be rated R3.0 or equivalent, and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity is not required.

(d) The total anticipated energy consumption for the base building is no greater than 450 Mega Joules / annum / metre square for commercial uses and 900MJ/am2 for retail uses.

(e) The use of electrical appliances such as dishwashers, refrigerators, freezers and washing machines are to be provided with a minimum star of 3.5.

(f) The development is to incorporate energy-efficient lighting, motion detectors and dimmers.

(g) AAA or AAAA rated fittings and fixtures are to be used to ensure high levels of



water efficiency. Where fittings cannot be AAA or AAAA, self-regulating flow restrictors will be provided on the supplies to limit the discharges to levels equivalent to AAA ratings.

20. The development is to incorporate all of the recommendations contained in the

Road Traffic Noise Intrusion Report prepared by Day Design Pty Ltd and dated 21 October 2008.

21. Construction and fit-out of food premises - The construction and fitout of all

new food premises, and renovations or alterations to any existing food premises, must comply with the requirements of: (a) Food Safety Standard 3.2.3 Food Premises and Equipment; and (b) Australian Standard AS 4674 - 2004 Design, construction and fit-out of food

premises. 22. Construction of walls - The walls of the of all food premises must be constructed

of brick, concrete blocks, preformed panels filled with suitable material or other solid materials.

23. Storage of garbage and recyclable materials - A separate room or area must

be provided in a convenient location on the premises for the storage of garbage and recyclable materials.

24. Construction of garbage rooms - All garbage rooms must be constructed in

accordance with the following requirements: (a) The room must be of adequate dimensions to accommodate all waste

containers, and any compaction equipment installed, and allow easy access to the containers and equipment for users and servicing purposes;

(b) The floor must be constructed of concrete finished to a smooth even surface, coved to a 25mm radius at the intersections with the walls and any exposed plinths, and graded to a floor waste connected to the sewerage system;

(c) The floor waste must be provided with a fixed screen in accordance with the requirements of Sydney Water Corporation;

(d) The walls must be constructed of brick, concrete blocks or similar solid material cement rendered to a smooth even surface and painted with a light coloured washable paint;

(e) The ceiling must be constructed of a rigid, smooth-faced, non-absorbent material and painted with a light coloured washable paint;

(f) The doors must be of adequate dimensions to allow easy access for servicing purposes and must be finished on the internal face with a smooth-faced impervious material;

(g) Any fixed equipment must be located clear of the walls and supported on a concrete plinth at least 75mm high or non-corrosive metal legs at least 150mm high;



(h) The room must be provided with adequate natural ventilation direct to the outside air or an approved system of mechanical ventilation;

(i) The room must be provided with adequate artificial lighting; and (j) A hose cock must be provided in or adjacent to the room to facilitate cleaning.

25. Access for waste collection vehicles - Safe easy access must be provided for

waste collection vehicles to service the waste containers. The driveways and manoeuvring areas must be designed for maximum legal dimensions and weights and allow collection vehicles to enter and leave the premises in a forward direction. Additional clearances must be provided for overhead and side loading where appropriate.

26. Ventilation of rooms - Every habitable room, sanitary compartment or other

room occupied by a person for any purpose must be provided with adequate natural ventilation or an approved system of mechanical ventilation.

27. Ventilation of carpark - The basement carpark must be provided with an

adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

28. Provision for installation of kitchen exhaust systems - Adequate provision

must be made for the installation of kitchen exhaust systems to any proposed food premises.

29. Exhaust Hoods - Exhaust hoods must be provided over cooking equipment

where required by the Building Code of Australia, and over any dishwasher or other washing or sanitising equipment that is likely to cause steam to collect on the walls or ceiling.

30. Fresh air intake vents - All fresh air intake vents must be located in a position

that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

31. Exhaust air discharge vents - All exhaust air discharge vents must be designed

and located so that no nuisance or danger to health will be created. 32. Carpark exhaust vent - The carpark exhaust vent must be located at least 3

metres above ground level or any pedestrian thoroughfare and at least 6 metres from any fresh air intake vent, natural ventilation opening or neighbouring property boundary.

33. Kitchen exhaust vent - The kitchen exhaust vent must be located above roof

level at least 6 metres from any fresh air intake vent, natural ventilation opening or neighbouring property boundary and at least 8 metres from any cooling tower.



34. Regulated systems - All air-handling and water systems regulated under the Public Health Act 1991 must be installed, operated and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000.

35. Plumbing and drainage work - All plumbing and drainage work must be carried

out in accordance with the requirements of Sydney Water Corporation. 36. Installation of grease trap - A grease trap must be installed if required by

Sydney Water Corporation. The grease trap must be located outside the building or in a specially constructed grease trap room and be readily accessible for servicing. Access through areas where exposed food is handled or stored or food contact equipment or packaging materials are handled or stored is not permitted.

37. Construction of grease trap rooms - All grease trap rooms must be constructed

in accordance with the following requirements: (a) The floor, walls and ceiling must be constructed of solid materials finished to a

smooth even impervious surface free of any cracks, holes or other openings that may allow the escape of odours;

(b) The room must be fitted with an air-tight (e.g. coolroom type) door; (c) The room must be vented in accordance with Australian/New Zealand

Standard AS/NZS 3500.2:2003 Plumbing and drainage – Sanitary plumbing and drainage or be provided with an approved system of mechanical ventilation;

(d) The room must be provided with intrinsically safe artificial lighting; and (e) A hose cock with a backflow prevention device must be provided in or

adjacent to the room to facilitate cleaning. 38. Noise and vibration from plant and equipment - Unless otherwise provided in

this consent, the operation of any plant or equipment installed on the premises must not cause: (a) The emission of noise that exceeds the background noise level by more than

5dBA when measured at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000).

(b) An internal noise level in any adjoining occupancy that exceeds the recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics – Recommended design sound levels and reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy. 39. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s



publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

40. Service Alterations. All mains, services, poles, etc., which require alteration shall be altered at the applicant’s expense.

41. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

42. Road Opening Permit. The applicant shall apply for a road-opening permit where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

PRIOR TO CONSTRUCTION CERTIFICATE

43. A contribution for the services in Column A and for the amount in Column B shall

be made to Council prior to the issue of the Construction Certificate.

A B Community & Cultural Facilities $134,629.47 Open Space & Recreation Facilities $295,611.57 Civic & Urban Improvements $238,373.62 Roads & Traffic Management Facilities $51,077.22 Cycleways $20,302.39 Stormwater Management Facilities $78,870.27 Plan Administration $5,465.75

The total contribution is $824,330.29

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.



44. A security deposit (category: other buildings with delivery of bricks or concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

45. An Enforcement levy is to be paid to Council on lodgement of the Construction

Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

46. Documentary evidence of payment of the Long Service Levy under Section 34 of

the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

47. The applicant is to apply to Council, pay the required fee, and have issued street

alignment levels by Council prior to the issue of the Construction Certificate. 48. Documentary evidence of compliance with Conditions 43, 44 & 45 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

49. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.

50. The details of any mechanical ventilation or air conditioning must be certified by a

competent person to comply with the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.

To enable certification, the mechanical ventilation documentation prescribed

below must be submitted to the Principal Certifying Authority:



a) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;

b) A general description of the project plus mechanical ventilation drawings and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted). i) Supply Air Ducts, Shafts and Fans - Blue ii) Return Air Ducts, Shafts and Fans - Pink iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill -

Orange v) Mixing Boxes and Conditions - Yellow vi) Fire Dampers and Electric Heaters - Red

c) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

d) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a set of the certified drawings must be submitted to Council;

e) Documentary evidence in support of requests for departure from the prescribed or deemed provisions of the Building Code of Australia or any other requirements.

51. Prior to a Construction Certificate being issued with respect to this

development, the Principal Certifying Authority (PCA) is to be provided with a written Design Verification from a qualified designer. The statement must include verification from the designer that the plans and specifications achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143A of the Environmental Planning and Assessment Regulation 2000.

52. A "Fire Safety Schedule" must be provided prior to issue of the Construction

Certificate; specifying the fire safety measures (both current and proposed) to be implemented in the building premises. The fire safety schedule must deal with the whole of the building (not merely part of the building to which this development consent relates), in accordance with Clause 168 - Environmental Planning & Assessment Regulation 2000.

53. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s DCP 2006, Part 8.1 – Construction Activities.



54. A site works plan indicating compliance with Council’s DCP 2006, Part 8.1 –

Construction Activities, in relation to:

a) sedimentation and pollution controls; b) tree preservation and protection measures; c) security fencing; d) builder’s identification signage and demolition in progress signage; and e) provision of site toilets

to the satisfaction of Council or an accredited certifier is to be submitted to Council with the Construction Certificate.

55. The Construction Certificate plans and specifications are to detail all of the 'CC

plan' commitments of the BASIX Certificate. 56. All service infrastructure/utilities including electrical substations, fire hydrants, gas

meters and the like shall be located within the building envelope. The electrical substations adjacent to Rowe Street are to be designed so that they are suitably screened and will not detract from the streetscape. Details of all service infrastructure/utilities are to be approved prior to issue of the Construction Certificate.

57. The design and construction of the proposed driveway and gutter crossing off First

Avenue shall be in accordance with AS2890.1-2004 and the RTA’s requirements (ie a minimum of 5m wide with 1m splays at the kerb line). Details of these requirements could be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta Ph:8849 2144. A certified copy of the design plans shall be submitted to the RTA for consideration and approval prior to the release of a construction certificate by Council and commencement of road works. The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of the works.

58. Council should ensure that post development storm water discharge from the subject site into the RTA drainage system does not exceed the pre-development application discharge.

Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works. Details should be forwarded to:

The Sydney Asset Management



Roads and Traffic Authority PO Box 973 Parramatta CBD NSW 2124

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

59. The required number of car parking spaces for the residential component in the

Rowe Street building is to be clearly segregated and secure from the car parking allocated for the retail and commercial uses. Details of how this is to be achieved is to be indicated on the Construction Certificate plans.

60. The layout of the car parking areas (including driveways, grades, turn paths, sight

distance requirements, aisle widths and parking bay dimensions) are to be generally in accordance with AS2890.1-2004 and AS2890.2-2002. Certification from an appropriately qualified traffic engineer is to be provided to the PCA before the issue of a Construction Certificate.

61. The bicycle parking area on basement 2 is to be provided for the retail and

commercial uses. This space is to include lockers and secure storage for the bicycles. Details are to be submitted on the Construction Certificate plans.

62. The vehicular entry to Rowe Street is to have high quality finishes to the walls and

ceilings as well as high standard detailing. No service ducts or pipes are to be visible from the street.

63. Prior to the issue of a Construction Certificate, a report is to be prepared from an

appropriately qualified person to verify that the Rowe Street building and facades will not cause any reflections that would cause either disability glare for passing motorists or unacceptable discomfort glare for passing pedestrians. A copy of this report is to be provided to the PCA and Council (if Council is not the PCA).

64. A dilapidation survey is to be undertaken for all properties adjoining the site. The

dilapidation survey shall be carried out prior to any work commencing on the site. A copy of the survey (and if applicable any evidence of the refusal of property owners to grant access for the purposes of conducting the survey) shall be submitted to Council. The applicant shall, at their own cost, rectify any damage caused to other properties during construction of the proposal.

65. To ensure safe construction traffic flow on site a Traffic Management Plan (TMP)

and report shall be prepared by an RTA accredited person and approved by Council prior to the issue of a Construction Certificate. The TMP shall be prepared in accordance with the RTA’s manual “Traffic control at work sites”. The TMP is to address, but not be limited to, the following:

a. Loss of on-street parking;



b. Construction vehicles per day and travel routes; c. Safety of the public; d. On site storage, handling and delivery of construction materials,

including construction traffic parking 66. To ensure adequate building separation and privacy, the kitchen window in units

21 and 42 are to be high sill windows. The living room window on the western elevation of unit 10 is also to be a high sill window. Details are to be submitted on the Construction Certificate.

67. Garbage room details - Details of the proposed garbage room(s) must be

submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

a. the specifications and layout of all proposed waste containers and equipment; and

b. the access to the collection point. 68. Access details for waste collection vehicles - Details of all driveways and

manoeuvring areas for waste collection vehicles must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

a. vehicle turning circles and swept paths; and b. overhead and side clearances (where appropriate).

69. Mechanical ventilation details - Details of all proposed mechanical ventilation

systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

(a) Certified plans of the proposed work, with any alterations coloured to distinguish between new and existing work;

(b) A site survey plan showing the location of all proposed air intakes and exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;

(c) A completed Mechanical Services Design Certificate (Form M1), together with a copy of the certifier’s curriculum vitae; and

(d) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.

70. Validation Report – A final validation report, as required by the Preliminary

Underground Storage Tank (UST) Contamination Assessment, Report No. E859.1AA, Environmental Investigations, 12 March, 2008, must be prepared and submitted to Council or an accredited private certifier for approval.

71. Prior to the issue of the Construction Certificate, a report is to be provided from a

suitably qualified access consultant to verify that the Construction Certificate



drawings fully comply with Development Control Plan 2006 Part 9.2 Access for People with Disabilities. This report is to be provided to the PCA and Council (if Council is not the PCA).

72. Disabled access is to be provided to all aspects of the individual tenancies.

Where necessary, internal vertical lifts are to be provided. 73. A total of 7 parking spaces in the retail area are to be wide-bay spaces for people

with a disability. The width of these spaces is to be a minimum of 3.6 metres and a vertical clearance of 2.55 metres.

74. The public domain in Rowe Street is to be completed in accordance with the

Concept Landscape Plan and is to include but not be limited to paving, street lighting (smart poles), street furniture and plantings. A public domain plan is to be submitted to Council for approval prior to the issue of a Construction Certificate. Alternatively, a monetary contribution is to be paid to Council for equivalent works to be undertaken by Council. The monetary contribution is to be to the satisfaction of the Group Manager Public Works.

75. All telecommunications and utility services are to be undergrounded. This work is

to be completed by the applicant to Council’s satisfaction. Prior to the works commencing, discussions are to occur with Council to identify the scope of the required works. Alternatively, a contribution for the equivalent works as determined by the Group Manager – Public Works is to be paid to Council to enable Council to undertake this work. This work is to be coordinated with the public works program.

76. Maintenance Bond. To ensure satisfactory performance of the completed

external works, a maintenance period of six (6) months shall apply to all external engineering works completed in relation to this application. The performance period shall commence from Council’s Compliance Certificate issue date.

The applicant shall be liable for any part of the work which fails to perform in a satisfactory manner as outlined in Council’s standard specification. A bond in the form of a cash deposit or Bank Guarantee of $30,000 shall be lodged with Council prior to issue of the Construction Certificate to guarantee this requirement will be met. The bond will only be refunded when the works are determined to be satisfactory to Council after the expiry of the six (6) months maintenance period

77. Drainage Security Deposit. The applicant shall lodge with Council a security

deposit of $4,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared and registered with the lands and Property Information Office in relation to the maintenance of the OSD system. Refund of this security deposit will be made upon submission of certification from the Principal Certifying Authority confirming the site drainage works have been completed satisfactory and that the On-site detention Positive Covenant has been successfully lodged with the Department of Lands.



78. Hoarding Fees. In accordance with Council’s Management Plan a fee shall be

paid to Council for the erection of a protective hoarding along the affected street frontage of the property. The fee is based on Council’s Management Plan and is valid for a period of 6 months from the date of payment. If Council’s footpath is utilised for a longer period an application shall be made to Council for extension of time on or before the expiry of the six months period.

79. Ground Anchor Fees. Where ground anchors are proposed to support the

proposed development, ground anchors fee is payable in accordance with Council’s Management Plan. Accordingly, details regarding proposed ground anchors are to be submitted to Council for approval and applicable fees are to be paid prior to issue of Construction Certificate.

80. Driveway Grades. The maximum grade of all internal driveways and vehicular

ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent.

81. Car Parking. All internal driveways, vehicle turning areas, garage opening widths

and parking space dimensions shall comply with AS 2890.1-2004 and AS 2890.2-2004 where applicable to ensure all vehicles using the site can enter and exit in a forward direction and that there is sufficient headroom clearance above all vehicles.

82. Proposed Loading Dock. To ensure safe operation and minimise traffic conflict,

A Plan of Management of the loading dock shall be submitted to Council for approval. The plan shall restrict the operational hours of the loading dock to early morning and late evening to minimise conflict between passenger vehicles and semi trailers using the site.

Additionally, a suitably sized space shall be made entirely on site for the safe loading and unloading of furniture removalist truck without impeding on traffic flows. The space shall be located in a position that has easy and close proximity access to a lift.

83. External Engineering Works. To facilitate safe access to and from the proposed

development, the following external engineering works shall be constructed at no cost to Council.

a. The decommissioning and under-grounding of all overhead electricity cables

and poles along the entire Rowe Street frontage of the site. b. The provision of Smart poles along the Rowe Street frontage of the site. c. The reconstruction of existing kerb and gutter, including any affected drainage

along the entire frontages of the site to Rowe Street and First Avenue.



d. The reconstruction of existing footpath along the entire Rowe Street frontage of the site between the road boundary and the kerb and gutter with clay pavers, with special treatment being provided at driveway entry and exit.

e. The construction of any other necessary Public Domain works, including any transition works to make the construction effective.

Detailed engineering plans prepared by a chartered and experienced civil engineer in accordance with City of Ryde Environmental Standards - Development Criteria - 1999 Section 4 - Public Civil Works are to be submitted to, and approved by Council Engineering plans assessment and inspections fee associated with this work are payable in accordance with Council’s Management Plan at the time of approval being given.

84. Dilapidation Report. To determine the extent of restoration works that may be

required, the applicant shall submit to Council a pre and post construction dilapidation report on the status of existing public infrastructures in the vicinity of the proposed development. The report is to include photographic records, description and location of any existing observable defects of the following infrastructure and others where applicable:

a) Road pavement. b) Kerb and gutter. c) Constructed footpath. d) Drainage pits. e) Traffic signs. f) Any other relevant infrastructure.

These reports shall be submitted to Council development engineer, prior to the issue of the Construction and Occupation Certificate. The report shall be used by Council as Roads Authority under the Roads Act to assess whether restoration works are required prior to the issue of the Occupation Certificate. All restoration works deemed necessary by Council’s development engineer are to be completed to Council satisfaction prior to the issue of Occupation Certificate.

85. Excavation. To ensure the proposed site excavation will not impact on the adjoining property structures foundations and services.

The applicant shall submit to the Principal Certifying Authority for approval a geotechnical report prepared and certified by a chartered practicing geotechnical/structural engineer addressing, but not be limited to the following items:-

a) The likely impacts of the proposed excavations will have on structures and

services of adjoining properties b) Detail what measures are to be taken to protect the structures and services of



adjoining properties from structural damage and undermining during construction

c) A copy of the report including geotechnical/structural engineer certification

should be submitted to Council The above matters shall be completed prior to the issue of the construction certificate. All recommendations of the Geotechnical Engineer are to be carried out during the course of the excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before excavation works commence.

86. Roadway Excavation. To ensure Council’s road reserve and services within it

are protected from damage, the applicant shall construct retaining wall and/or other structural systems as determined necessary within the property to protect the roadway (or road embankment) and services. The proposed excavation has been approved subject to the following matters being satisfied:-

a) The owner lodging with Council a $50,000 cash bond or bank guarantee to

ensure that the work is carried out in accordance with the approved plans. The bond will be refunded when the retaining wall and/or other structural systems have been completed to Council’s satisfaction.

b) Fully detailed design drawings and calculations shall be prepared by a chartered Geotechnical/structural Engineer for the retaining wall and/or other structural systems shall be submitted to Council for approval prior to the issue of a Construction Certificate

c) On completion of construction of the retaining wall and/or other structural systems a Geotechnical/Structural Engineers Certificate shall be submitted to Council which states that the engineer has inspected the works during construction and that the works have been carried out in accordance with the approved design. If no certificate is produced on completion of the retaining wall, then no further work shall proceed on the site until such certification is produced.

d) If the certificate referred to above is found to be to be unacceptable, no work shall proceed on the site until the applicant has satisfied Council’s Group Manager Public Works that the retaining wall and/or other structural systems have been constructed in accordance with the approved design.

e) The applicant shall inform Council at least seven (7) days before commencing any excavation works.

These conditions are to ensure that the applicant complies with Section 91 of the Roads Act 1993 and provides adequate support and protection for the public road. The applicant should also be aware that under Section 93 of the Roads Act 1993 Council may direct the landowner to fill an excavation that threatens the stability of the roadway.



87. On-Site Stormwater Detention. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Where this cannot be achieved, all gutters, downpipes and pipelines conveying runoff to the OSD system shall be sized for the 1 in 100 year ARI Storm. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

88. Soil and Water Management Plan. A Soil and Water Management Plan (SWMP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. This is to be submitted to and approved by the Consent Authority prior to the release of the Construction Certificate. These devices shall be maintained during the construction works and replaced where considered necessary. Suitable erosion control management procedures are to be practiced during the construction period. The following details are to be included in drawings accompanying the Soil and

Water Management Plan: (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill, and

regrading. (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures

including sediment collection basins (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Proposed techniques for re-grassing or otherwise permanently stabilising all

disturbed ground. (l) Procedures for maintenance of erosion and sediment controls (m) Details for any staging of works (n) Details and procedures for dust control.

89. Traffic and Pedestrian Management Plan. To ensure safety of pedestrian and



also construction traffic flows to and from the site a Traffic Management Plan (TMP) and report shall be prepared by an RTA accredited person and submitted to and approved by Council prior to issue of Construction certificate.

The TMP shall be prepared in accordance with RTA’s Manual – “Traffic Control at Work Sites” and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities. The TMP is to address but not be limited to the loss of on-street parking, construction vehicles travel routes, safety of the public, materials storage, handling and deliveries including construction traffic parking. Accordingly, a detailed pedestrian and construction management plan including a Contractor/Staff Transport and Parking plan are to be submitted to Council for approval. The plans shall be prepared to minimise the disruption to the current operation of existing businesses and users of Rowe Street Additionally, all traffic controllers on site must be RTA accredited traffic controllers and a minimum of seven (7) days notice shall be given to residents if their access will be affected by proposed construction activities.

PRIOR TO COMMENCEMENT 90. ‘Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

91. All car park lighting is to be designed, installed and maintained to Australian

Standard AS1680.2.1 - 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, ceilings, columns and other vertical structures (including columns and pipes) should be painted white.

92. The lighting of pedestrian pathways and communal open space within the

development shall be designed, installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities. The same is applicable to public clotheslines, communal courtyards and letterbox areas.

93. Where security lighting is provided within the development, it should not illuminate

observers or vantage points. Light should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police



and pedestrians will be the likely observers. 94. Any surveillance equipment installed is to utilise digital or video technology to

record images from the cameras. Cameras are to be installed in and around the business to maximise surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified/reputable installer and regularly function tested. If surveillance equipment is installed, it should meet the requirements of the Privacy legislation.

95. All ground level surfaces are to be treated with anti-graffiti coating to minimise the

potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

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

a) During the demolition process notices lettered in accordance with AS1319

displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

b) During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

97. The construction management of the neighbour's Tallowwood (Eucalyptus

microcorys) to the rear of 14 First Ave, is to be in accordance with measures outlined in the Tree Management Report, prepared by Terrence Machin, amended 30th March, 2009. Documentary evidence is to be submitted to the PCA regarding the installation of a fenced 6m Tree Protection Zone, which is to be installed prior to the commencement of demolition. The site arborist shall provide ongoing management and advice (as per the Tree Report), including advice on minimising impacts of construction within the 6m Tree Protection Zone.

98. All other trees to be retained on the site are to be protected in accordance with the

requirements as identified in the arborist report prepared by Terrence Machin dated 30th March 2009/0

99. Sediment and Erosion Control. The applicant shall install appropriate sediment

control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

100. Compliance Certificate. A Compliance Certificate should be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: -



Part 8.1; Construction Activities 101. Vehicle Footpath Crossings. To facilitate safe access to and from the site,

new concrete layback and apron crossings are to be constructed at locations as indicated on the approved plan. The width, design and construction shall conform to Ryde City Council’s Environmental Standards Development Criteria – Section 1-Driveways-1999. Additionally, crossings are to be constructed in plain reinforced concrete with finished levels comply with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the property boundary alignment and Bridge and pipe crossings will not be permitted.

DURING DEMOLITION

102. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601 (The Demolition of Structures). 103. Security fencing shall be provided around the perimeter of the

building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

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

a) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

b) During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

105. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

106. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

107. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

108. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to



Council on request. 109. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

110. Removal of underground storage tanks - The removal of the underground

storage tanks must be carried out in accordance with: (a) the recommendations of the Preliminary Underground Storage Tank (UST)

Contamination Assessment, Report No. E859.1AA, Environmental Investigations, 12 March, 2008.

(b) Australian Institute of Petroleum Code of Practice CP22 - 1994 The Removal and Disposal of Underground Petroleum Storage Tanks; and

(c) the requirements of WorkCover New South Wales. 111. Contaminated soil - All potentially contaminated soil excavated during

demolition work must be stockpiled in a secure area and be assessed and classified in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before being transported from the site.

112. Discovery of Additional Information - Council and the Principal Certifying

Authority (if Council is not the PCA) must be notified as soon as practicable if any information is discovered during demolition or construction work that has the potential to alter previous conclusions about site contamination.

113. Further requirements - If additional information is discovered about site

contamination, the proponent must comply with any reasonable requirements of Council.

DURING CONSTRUCTION 114. The occasions on which building work must be inspected are:

a) at the commencement of the building work, and b) prior to covering of waterproofing in any wet areas, for a minimum of 10%

of rooms with wet areas within a building, and c) prior to covering any stormwater drainage connections, and d) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made



available to Council officers upon request.

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

115. In addition to the abovestated inspections, the Principal Certifying Authority is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

a) Sediment control measures. b) Tree Preservation and protection measures. c) Security fencing. d) Materials or waste containers upon the footway or road. e) PCA and principal contractor (the coordinator of the building work) signage

and site toilets.

116. Council recommends that a Registered Surveyors check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks. b) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

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

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

117. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority. 118. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 119. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

120. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 121. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public



holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

122. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 123. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”. 124. Essential Services - essential services must be provided within the

development to the requirements of the Building Code of Australia, the Environmental Planning and Assessment Act 1979 (as amended) and Regulations.

125. Adaptable units are to comply with the provisions of a Class A adaptable unit as

specified in AS 4299. 126. CCTV must be used throughout the shopping complex, paying particular

attention to the internal areas of the shopping centre, especially entry and exit points. CCTV must also be used around the loading dock area and car park entry and exit points.

127. Security mirrors are to be installed within corridors on blind corners. 128. The following signage is to be incorporated into the final development:

• Clear, legible and useful signage is to be used to indicate entrances and exits to both the building and car park areas.

• A street sign should be displayed at the front of the development to comply with the Local Government Act, 1993, Section 124, Order No. 8.

• Signage needs to be provided at entry / exit points and throughout the development to identify the separation between the commercial / retail area and the residential area and warn of potential prosecution if trespassing takes place.

• Signage needs to be provided within the car park to provide way-finding to users of these areas.

• Signage needs to be provided on the fire exit doors warning users that the doors are to be used for emergency purposes only.

• Clear signage identifying where the loading dock is located should be erected at the street entry, and it should prohibit unauthorised entry.

• Car park signage is to be erected in the car parks and near entry and exit points, detailing security measures and reminding people to lock their vehicles and remove valuables from their vehicles.

129. All windows to the street frontage are to have clear glazing. 130. Any security grilles are to be fitted only within the shop front. Ground level shop

fronts may incorporate see-through security grilles or translucent barriers to



ensure that maximum light is transmitted to footpath areas. Blank roller shutter doors will not be permitted.

131. Lighting. Australia / New Zealand Lighting Standard 1158 – Carparks must be

used throughout the development. Lighting for all other internal areas is to meet the standards of AS1158 and AS1680. Ground level entrances to upper level dwellings should be unobstructed and well lit.

132. The walls and ceilings of the car park areas should be painted in a light colour. 133. Arrangements must be made with Council for the provision of garbage services

to the premises before occupation commences. 134. All surfaces on the street frontages that are not glass should use graffiti

resistant paints and / o other surfaces that discourage graffiti. 135. Doors and windows within the development are to comply with Australia / New

Zealand Standard – Locksets to restrict unauthorised access:

• The main / entry exit points for this development should be fitted with single-cylinder locksets and are to be in compliance with the Building Code of Australia.

• Fire exit doors to the development should be fitted with single-cylinder locksets to restrict unauthorised access to the development.

• The main entry / exit doors to individual units should be fitted with single-cylinder locksets to restrict unauthorised access to the unit.

• The balcony doors to individual units should be fitted with single-cylinder locksets to restrict unauthorised access to the unit.

• The windows to individual units should be fitted with key operated locksets to restrict unauthorised access to the unit.

136. Intercom facilities are to be incorporated into the pedestrian entry / exit points to

the residential component of the development, to enable residents to communicate and identify with people prior to admitting them to the development. An auxiliary lock should be incorporated into the design of each of the pedestrian entry / exit points to enable emergency services to access the development.

PRIOR TO OCCUPATION CERTIFICATE 137. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

138. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in



accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

139. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority

is to ensure that the BASIX commitments have been implemented in accordance with the approved BASIX Certificate. NOTE: Certificates from suitably qualified persons are to be submitted to the Principal Certifying Authority (if Council is the PCA) verifying that all BASIX commitments listed have been fulfilled in accordance with the BASIX Certificate.

140. Prior to an Occupation Certificate being issued to authorise a person to

commence occupation or use of a residential flat building, the Principal Certifying Authority (PCA) is to be provided with design verification from a qualified designer. The statement must include verification from the qualified designer that the residential flat development achieves the design quality of the development as shown on plans and specifications in respect of any Construction Certificate issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 154A of the Environmental Planning and Assessment Regulation 2000.

141. Undergrounding of Telecommunications Service. The developer shall submit to

Council a letter from Telstra and Optus confirming that satisfactory arrangements have been made for the provision of underground telephone service, prior to the release of the Subdivision Certificate or Occupation.

142. All land titles within the site must be consolidated into one allotment. A plan of

consolidation in a form capable of registration shall be lodged with the Land Titles Office prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979.

143. A maintenance plan should be established for the development. 144. A mechanism, to the satisfaction of the Council, must be installed and

maintained at all times, to prevent shopping trolleys being taken from the site. 145. Prior to the issue of an Occupation Certificate a report is to be provided from a

suitably qualified access consultant to confirm that the development complies with DCP 2006 Part 9.2 Access for People with Disabilities, the Building Code of Australia and AS1428.

146. Compliance Certificates – Engineering. To ensure the development will be

completed in accordance with approved plans, current specifications and applicable Australian and Council’s standards the Principal Certifying Authority shall ensure the following will be met.

• Compliance Certificate should be obtained from an accredited certifier

Confirming that the constructed internal car park and associated drainage



complies with AS 2890.1-2004, AS 2890.2-2002 , the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Compliance Certificate should be obtained from an accredited certifier confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Compliance Certificate should be obtained to confirm that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Compliance Certificate shall be obtained from Council confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Compliance Certificate shall be obtained from Council confirming that the connection of the site drainage system to the trunk drainage system complies with Section 4.7 of AS 3500.3 - 1990 (National Plumbing and Drainage Code).

• Compliance Certificate shall be obtained from Council confirming that all external works within the public road reserve including all restoration works have been completed to Council’s satisfaction

• Compliance Certificate shall be obtained from Council confirming that all redundant vehicular crossings have been removed and replaced with concrete footpath and kerb and gutter with disturbed areas grassed where required to Council’s satisfaction

Please be advised that all Compliance Certificates issued by Council is subject to the payment of an inspection fee in accordance with Council’s schedule of fees if Council is not the appointed Principal Certifying Authority [PCA]

147. Disused Gutter Crossing. All disused gutter and footpath crossings shall be removed and the kerb and footpath reinstated to the satisfaction of Council.

148. Work-as-Executed Plan. To ensure stormwater drainage works are

completed in accordance with approved plans, a Work-as-Executed plan for the site drainage system certified by a registered surveyor is to be submitted to the Principal certifying Authority and Council (If Council is not the appointed PCA) prior to issue of Occupation Certificate

The W.A.E plans is to note all departures clearly in red on a copy of the approved Construction Certificate plans and certification from a qualified and experienced civil engineer should be submitted to support all variations from approved plan.

149. On-Site Stormwater Detention System - Marker Plate. To ensure the constructed On-site detention will not be modified, a marker plate is to be fixed to each on-site detention system constructed on the site. The plate construction,



wordings and installation shall be in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management section 3.10. The plate may be purchased from Council's Customer Service Centre at Civic Centre, Devlin Street, RYDE

150. Positive Covenant, OSD. The creation of a Positive Covenant under Section

88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

151. Drainage Construction. The stormwater drainage on the site is to be constructed in accordance with plan the Construction Certificate version of concept stormwater drainage plan approved under this deferred commencement consent

OPERATIONAL 152. The roof material being non-reflective. 153. All external glazing having a maximum reflectivity of 18%. 154. The lighting of the premises shall be directed so as not to cause nuisance to the

owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

155. A minimum of 16 bicycle parking rails or lockers designed and installed in

accordance with Australian Standard AS 2890.3, must be provided in a suitable location for the convenience of employees and visitors to the site. A minimum of 20 bicycle parking rails or lockers are to be provided for the residential component of the development. Suitable change facilities for cyclists must also be provided within the development for the retail users.

156. The building on 20 First Avenue is to provide 15 off street car parking spaces.

12 of these spaces are to be available for resident parking and 3 spaces are to be available for visitor parking.

157. The building on 52-78 Rowe Street is to provide the following car parking

spaces: 51 resident spaces 11 residential visitors spaces 8 commercial spaces 143 retail spaces.

The parking for the retail and commercial uses is to be line marked and made freely available at all times during business hours of the site for staff and visitors.



158. The retail and commercial elements are restricted to the following hours of operation: 7.00am and 12.00am Monday to Saturday and 7.00am to 10.00pm on Sunday.

159. The following restrictions and works are to apply to the loading dock: • Clear, legible and useful signage is to be used to indicate entrances and

exits to both the building and car park areas. • Noise generated by the loading dock must comply with the EPA Industrial

Noise Policy requirements, or create an offensive noise as defined in the Protection of the Environment Operations Act, 1997.

• Truck engines must be turned of during loading and unloading. • Vehicles must enter and exit the loading dock in a forward direction. • All loading and unloading in relation to the use of the premises shall take

place wholly within the property. • Loading areas are to be used for the loading and unloading of goods and

materials, waste collection and general servicing access only and for no other purposes.

160. Areas that are not used after business hours should be controlled using a

system of bollards, ropes and other devices which restrict access into these areas. This avoids people roaming through empty sections of the space at late hours. Also, sectioning off areas of the car park using boom gates, particularly areas that are unused, can limit the areas people can use for parking, maximising the natural surveillance of the area.

161. Graffiti should be removed and cleaned within 48 hours. This is considered the

most effective strategy for the reduction and deterrence of graffiti and should be incorporated as part of the graffiti management plan.

162. Storage and disposal of wastes - All wastes generated on the premises must

be stored and disposed of in an environmentally acceptable manner. 163. Waste containers - An adequate number of suitable waste containers must be

kept on the premises for the storage of garbage and trade waste. 164. Garbage containers - All waste containers used for the storage of garbage or

putrescible wastes must be constructed of a rigid impervious material that is capable of being effectively cleaned, leak-proof and fitted with a vermin-proof lid. Any container that cannot be turned upside down to drain after cleaning must be fitted with drainage bungs.

165. Cleanliness of garbage containers - The occupier of the premises must keep

all garbage containers as clean as practicable (having regard to their use). 166. Garbage containers to be kept covered - The occupier of the premises must

keep all garbage containers covered except when: (a) garbage is being deposited in or removed from the containers; or



(b) the containers are being cleaned. 167. Recyclable wastes - Wastes for recycling must be stored in separate bins or

containers and be transported to a facility where the wastes will be recycled or re-used.

168. Transfer of waste containers to emptying point - Staff or contractors must be

employed to take the waste containers from garbage storage areas to the servicing point and to return the containers to the storage area after servicing.

169. Maintenance of waste storage areas - All waste storage areas must be

maintained in a clean and tidy condition at all times. 170. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE 171. Council will only issue a Subdivision Certificate pursuant to the Environmental

Planning and Assessment Act 1979 Section 109J when this development consent are complied with and Council or an accredited certifier has lodged documentary evidence of completion of a final inspection of any building or engineering works with Council.

(b) That the persons who made submissions be advised of Council's decision. ATTACHMENTS 1 Map 2 Plans Report Prepared By: Sandra Bailey Team Leader Major Developments Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning



2009.

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