attachments to reports - wingecarribee shire

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ATTACHMENTS TO REPORTS

ORDINARY COUNCIL MEETING

Wednesday 27 July 2016

COPIES CIRCULATED SEPARATELY HEREWITH

Distribution:

Mayor Clr L A C Whipper

Clr J G Arkwright

Clr H R Campbell

Clr J R Clark

Clr T D Gair

Clr G McLaughlin

Clr I M Scandrett

Clr G M Turland

Clr J Uliana

General Manager

Deputy General Manager Corporate, Strategy & Development Services

Deputy General Manager Operations, Finance & Risk

Group Manager Corporate & Community

Group Manager Planning, Development & Regulatory Services

Chief Financial Officer

Administration Officer (for Archives)

ATTACHMENTS TO REPORTS Wednesday 27 July 2016

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Attachments to Reports Item

10.1 DA 15/0760 Reconsideration of a Modification for the Relocation of Four Villas Originally Approved Under DA32/27/3182/84 - 203 Horderns Road, Bowral

ATTACHMENT 2 Draft Notice of Determination ........................................... 4

ATTACHMENT 3 Plans of Development .................................................... 12


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ATTACHMENTS TO REPORT

Item 10.1

DA 15/0760 Reconsideration of a Modification for the Relocation of Four Villas Originally Approved Under DA32/27/3182/84 - 203 Horderns Road, Bowral

Attachment 2 Draft Notice of Determination

Attachment 3 Plans of Development



ATTACHMENT 2 Draft Notice of Determination

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Notice of Determination for Development Application No: 32/27/3182/84 Purpose of Development:

Stage II of the Development – four (4) of the 44 Strata Title Villas being designed and relocated in accordance with the following documentation:

Documentation

Drawing No Sheet No. Name of Plan Date

10-1372-DA-01 1 Master Plan 30/9/2015

10-1372-DA-01 8 House 1 Plans 30/9/2015

10-1372-DA-01 9 House 1 Elevations 30/9/2015

10-1372-DA-01 10 House 2 Plans 30/9/2015


10-1372-DA-01 12 House 3 Plans 30/9/2015


10-1372-DA-01 26 House 10 Plans 30/9/2015


Statement of Environmental Effects prepared by Scott Lee and dated October 2015.

The Development Application has been:

Approved, subject to the conditions specified in this notice.

The conditions of the consent and reasons for their imposition follow:

1. No trees to be lopped, removed, damaged or destroyed without the prior written consent of Council. Failure to comply with this requirement will result in prosecution by Council – in accordance with the provisions of Sec 90(m) of the EP & A Act and Council’s Tree Preservation Order.

2. Development to be in accordance with plans prepared by P.Cox & Partners as submitted in respect of this application in accordance with the provisions of Sec 77 of the Environmental Planning & Assessment Act.

3. Contribution by the applicant of an amount of $70,400 to be applied against the cost of acquisition of land for the purposed of public recreation and/or the improvement and embellishment of public reserves under the care, control and management of Council. This condition has been applied having regard to the provisions of Sec 9 of the E P & A Act.

Payment of this contribution is to be made in accordance w3ith Council’s policy dated 18/06/84, namely:

a) The payment of Section 94 contributions (of the E P & A Act) is to be made in the following manner:

25% payable prior to the release of the building permit; 75% payable at completion of the proposed development (but prior to occupation).




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b) Payment of the above contributions is to be made in cash and the amount

outstanding prior to completion (i.e. 75%) shall be secured by way of Banker’s Guarantee.

c) With regard to staged development, contributions to be paid in proportion to the ratio of:

cost of the stage under consideration

total job cost and outstanding contributions be indexed to increase yearly from th4e date of completion of Stage 1, in accordance with upward movements in the All Groups Consumer Price Index Number for Sydney.

4. The provision, by the applicant, at the applicant’s expense prior to occupation if the development, of the following works and services in accordance with Council’s Engineering Standards, to the satisfaction of the Shire Engineer, Plans and specifications are to be submitted by the applicant and approved prior to the commencement of works. (Section 90(1), (i), (j), (l), (o) & (r) of the E P & A Act and Council’s Development Control Plan – Subdivisions,)

a) Provisions for surface water removal within the development to the requirements of the Shire Engineer.

b) Stormwater drainage pipes, for the conveyance within public roads of stormwater from the development to a discharge outlet approved by the Shire Engineer.

c) Water main extension from existing Berrima District Water Supply Scheme to the development.

d) Water service installations t the development.

e) Paved car parking areas within the development.

f) Internals roads to the standards laid down by the Traffic Authority guidelines.

g) Control of soil erosion on subject land and adjacent land as a result of the development.

h) Improvements to road intersection at Kangaloon Road/Horderns Road to Dept. of Main Roads and Council requirements.

5. The contribution by the applicant of the following amounts for the designated purpose prior to occupation of the development. (Section 94 (1) of E P & A Act.) Payment of this contribution is to be made in accordance with Council’s policy dated 18/06/84, namely:




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a) The payment of Section 94 contributions (of the E P & A Act) is to be made in the following manner:

25% payable prior to the release of the building permit; 75% payable at completion of the proposed development (but prior to occupation).

b) Payment of the above contributions is to be made in cash and the amount

outstanding prior to completion (i.e. 75%) shall be secured b by way of Banker’s Guarantee.

c) With regard to staged development, contributions to be paid in proportion to the ratio of:

cost of the stage under consideration total job cost

and outstanding contributions be indexed to increase yearly from th4e date of completion of Stage 1, in accordance with upward movements in the All Groups Consumer Price Index Number for Sydney.

A. The amount of $17,500 for the augmentation of the water supply system that serves the development as balance of payment due on total development. Contribution for total development is $87,500.

6. The payment, by the applicant, of the following Council standard fees and charges prior to approval of Engineering Plans. (Section 90(1) (1) of the E P & A Act and Sec 245A of the Local Govt. Act.)

a) Supervision charges for water supply construction works carried out by the

applicant. b) Security for repair of damage to Council’s works and services as a result of

construction work.

7. The deposit with Council, for a period of six months from completion of engineering works, of a sum equal to 5% of the engineering works. (Section 90(1) (1) of the A P & A Act.)

8. The provision by the applicant of works as executed drawings of engineering works.

(Section 90 of the E P & A Act.)

9. Construction Specifics Submission of a Building Application in accordance with the provisions of Part XI of the Local Govt. Act 1919 and Ordinance 70. Such application to be accompanied by plans and specifications, outlining details and methods of compliance:

Fire safety and fire resistant construction, in particular: Upgrading proposed to existing buildings.




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Mechanical ventilation system,

Disabled access and facilities for the building proposals

Layout of roof and surface water disposal systems.

Water and sewerage hydraulics plan prepared by a qualified hydraulic consultant.

In accordance with the requirements of Part XI, Local Govt. Act.

10. Fire Services Submission, by the applicant, of a water and sewerage hydraulic plan, including a separate firemain and reticulation booster fittings to external hydrants throughout the complex, for the provision of water and sewerage reticulation within the subject land, with the building application with the approval of the Chief Health & Building Surveyor and in accordance with the provisions of Sec 90(10 (i), (f), (1) & (o) of the E P & A Act.

11. Materials Submission of details relating to the proposed building materials to be used and external colour scheme to be implemented on the proposed development with the building application for approval by Council, in accordance with the provisions of Section 90(1) (d), (h), (o) and (r) of the E P & A Act and Sec 313(1) (b) of the Local Govt. Act.

12. Sewerage Sewerage Treatment Plant to be approved by the State Pollution Control Commission and detail of the consent to be submitted to Council prior to work commencing, in accordance with the provisions of Sec 90(1) (b), (n) & (o) of the E P & A Act.

13. Applicants to carry out the following to ensure satisfactory operation of the sewage treatment plant in accordance with the provisions of Sec 90(1) (e), (l) & (n) of the E P) & A Act.

i. Provide adequate spare parts; ii. Provide daily testing of sewage treatment process and record results in a

records book; iii. Permit officers from Council to inspect sewage treatment plan, records taken

and to remove samples for analysis; iv. Operate plant within guidelines provided by the State Pollution Control

Commission and the Dept. of Health.

14. On-Site Waste Storage Compound and Access The waste storage area shall be constructed in accordance with the requirements of the Chief Town Planner and Chief Health Surveyor adjacent to (as indicated on waste plan). The internal collection and charges will be a management responsibility




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of the property owner; alternatively, the property owner/management will be required to negotiate an agreement,

a) Indemnifying Council of any liability from damages incurred to and within the property,

b) Providing access in a forward direction within and to the property for the collection of services. The access being capable of being traversed by garbage collection vehicle without damage to either pavement, buildings or vehicles.

c) Acceptance of all charges incurred in providing a service.

15. Management Responsibilities Details of property management of the buildings shall be submitted with the building application, indicating all aspects of management of the buildings and associated land use activities, and shall make provision for:

a) To ensure public safety, order and conveniences;

b) To secure proper sanitation and abatement of unsightly conditions;

c) The ongoing maintenance of buildings, services, vehicle and landscaped areas.

16. Common Areas

A person or persons being appointed to maintain the common areas of the development, in particular the garbage stand and car park areas, in a clean and tidy condition, in accordance with Section 90(1) (b) of the E P & A Act.

17. Geotechnical Survey

The submission, at the Applicant's expense, of a Geotechnical Survey report prepared by an approved Geotechnical Engineer certifying the structural adequacy of the site for the proposed development. The report is to be prepared in accordance with Council's "Guidelines to Developers for Presentation of Stability Reports - Land Subdivision/Building", for assessment with the Construction Certificate.

18. Retaining Wall and Fill Batters

All proposed batters are to be minimum 1V:4H (or 25%) at any location and retaining walls shall be constructed as directed in the Geotechnical Survey Report to be prepared (see Condition No. 17). Retaining wall must be designed by a suitably qualified civil and/or structural engineer and shall be detailed on construction certificate plans which include, but is not limited to the following: a) A plan of the wall showing location and proximity to property boundaries; b) An elevation of the wall showing ground levels, maximum height of the wall,

materials to be used and details of the footing design and longitudinal steps that may be required along the length of the wall;




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c) Details of fencing or handrails to be erected on top of the wall; d) The proposed method of subsurface and surface drainage, including water

stormwater disposal.

19. Construction of Stormwater Provision of adequate stormwater drainage infrastructure (pits/pipes/open channels/detention storage) for the conveyance of stormwater passing through the site from upstream, and sourced from the development to a discharge outlet to be approved by the Development Engineer or Councils Accredited Certifier.

20. Roof/Impervious/Stormwater All stormwater runoff from the development shall be collected within the property and discharged in a manner approved by the Development Control Engineer and/or Council’s Building Surveyor.

21. Internal Driveways Internal driveways and turning areas is to be constructed with an all-weather surface of reinforced concrete.

22. Vehicle Manoeuvring – Minor Developments All vehicles to enter and leave the site driving forwards to ensure traffic / pedestrian safety. Internal driveways and parking are to be designed such that all vehicles are able to manoeuvre and leave the development driving forwards.

23. Certification of Internal Civil Works On completion of works and prior to occupation, certification from a practising appropriately qualified Engineer shall be submitted to Council detailing that all internal civil works (ie, internal driveways, paths and stormwater drainage systems including any onsite detentions) are in accordance with the approved plans and specifications.

24. Use of Villas 1, 2 and 3 Villas 1, 2 and 3 are to be used exclusively for tourist accommodation in association with the ‘hotel tourist resort and conference centre’ and cannot be used as dwelling houses.

25. Detailed Landscaping Plan Detailed landscaping plans to indicate the proposed species to be used, height and spread at maturity, and a specification for soil preparation, drainage, weed control, watering, fertilising and general maintenance during establishment are to be submitted and approved prior to the issue of a Construction Certificate.

26. NSW Rural Fire Service




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1. The development proposal is to comply with the Master Plan layout identified on the drawing titled Master Plan for "Milton Park Estate" Horderns Road Bowral Job No 10-1372-DA-01, dated September 30.

Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: 2. At the commencement of building works and in perpetuity the property around

each villa to a distance of 50 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: 3. Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of

'Planning for Bush Fire Protection 2006'. Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

An Emergency /Evacuation Plan is to be prepared consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan'.

Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: 4. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian

Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

Landscaping 5. Landscaping to the site is to comply with the principles of Appendix 5 of

'Planning for Bush Fire Protection 2006'.




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Endorsement of Date of Consent: NOTES: 1. To ascertain the date from which this development consent operates, refer to Section

83 of the Environmental Planning and Assessment Act 1979. 2. Development consent will lapse five (5) years after the date from which it operates. In

the case of staged development, consent will lapse five (5) years after the date from which it operates. (Refer Section 95 (2) of the Environmental Planning & Assessment Act 1979).

3. Section 97 of the Environmental Planning and Assessment Act 1979 confers on an

applicant who is dissatisfied with the determination of a consent authority a right of appeal to the Land and Environment Court exercisable within six (6) months after receipt of this notice.

4. The approval granted by the Council does NOT consider nor negate or vary any

private easement, covenant or restriction. The owner is advised to investigate any encumbrance or restriction that may be noted on the title to the land.

5. All conditions on this consent have been imposed having regard to all matters listed for

consideration under Section 79C of the Environmental Planning & Assessment Act 1979.

6. An applicant may request pursuant to Section 82A of the Environmental Planning &

Assessment Act 1979 Council to review a determination of the application where that application is of a type referred to in that Section of the Act within six (6) months after receipt of this notice.


10.1 DA 15/0760 Reconsideration of a Modification for the Relocation of Four Villas Originally Approved Under DA32/27/3182/84 - 203 Horderns Road, Bowral ATTACHMENT 3 Plans of Development

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ELEVATIONS FOR VILLAS 1,3 & 10



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ELEVATIONS FOR VILLA 2

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