canterbury city council · 2013. 12. 9. · the subject site is located on the south-western corner...

CANTERBURY CITY COUNCIL

INDEPENDENT HEARING & ASSESSMENT PANEL

1 JUNE 2009

INDEPENDENT HEARING & ASSESSMENT PANEL 1 JUNE 2009

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INDEPENDENT HEARING & ASSESSMENT PANEL

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 174-176 LAKEMBA STREET, LAKEMBA: DEMOLITION, CONSTRUCTION OF A SIX STOREY MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING ......................................................................................4

2 218A BURWOOD ROAD, BELMORE: SUBDIVISION OF COUNCIL OWNED DRAINAGE RESERVE INTO TWO TORRENS TITLE LOTS ...............................................................................................................31

EAST WARD

3 196 WILLIAM STREET, EARLWOOD: USE FIRST FLOOR AS BROTHEL ...................................................................................................................36

4 23 HOPETOUN STREET, HURLSTONE PARK: ALTERATIONS, GROUND AND FIRST FLOOR ADDITIONS TO SINGLE STOREY HERITAGE DWELLING ..........................................................................................48


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REPORT SUMMARIES

1 174-176 LAKEMBA STREET, LAKEMBA: DEMOLITION, CONSTRUCTION OF A SIX STOREY MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING

The development application seeks approval for the construction of a six-storey mixed commercial/residential development, containing basement carparking, ground and first floor commercial tenancies, and 42 residential units.

The development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan No. 178 – Belmore/Lakemba Precinct.

The development application has been assessed against the relevant provisions contained within Development Control Plans 9, 15, 20, 29, 32, 37 and 45. The application seeks a variation to the height, residential density and rear setback requirements of our Business/Retail Development Code (DCP 15). The variations are discussed in the body of this report.

The application was notified in accordance with our Notification Policy (DCP 32) and two submissions were received. The first submission relates to concerns that the proposal will impact on the residential amenity of adjoining properties, while the second submission relates to the potential for impacts during the construction phase of the development.

The Director City Planning has recommended the application be approved subject to conditions.

2 218A BURWOOD ROAD, BELMORE: SUBDIVISION OF

COUNCIL OWNED DRAINAGE RESERVE INTO TWO TORRENS TITLE LOTS

It is proposed to subdivide an existing Council owned drainage reserve to create two Torrens Title allotments. One of the created lots will be sold to an adjoining land owner and consolidated with this adjoining allotment.

The subject property is zoned Residential 2(a) under the provisions of Local Environmental Plan 178 – Belmore/Lakemba Precinct. The proposed development is permissible subject to our consent.

The proposal has been assessed against our relevant codes and policies. The proposal does not strictly comply with the numerical requirements of DCP 30 – Subdivision of Land and this matter is discussed in the body of this report.



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3 196 WILLIAM STREET, EARLWOOD: USE FIRST FLOOR AS

BROTHEL

The application seeks permission to use the first floor of the subject site as a brothel.

The application has been assessed against the relevant planning instruments, development control plans and Land and Environment Court Planning Principles and does not comply in terms of its location to residential development, place of worship, bus stops, and place frequented by children.

The proposed development does not comply with Council’s Car Parking requirements. As a result of this, it is considered that the surrounding residential area will adversely impact in terms of vehicle generation and noise.

The application was notified to surrounding residents in accordance with the requirements of Council’s Notification Policy and six submissions were received objecting to the proposal. The issues raised in the submissions are detailed in the report.

The Director City Planning has recommended the application be refused. 4 23 HOPETOUN STREET, HURLSTONE PARK: ALTERATIONS,

GROUND AND FIRST FLOOR ADDITIONS TO SINGLE STOREY HERITAGE DWELLING

It is proposed to carry out alterations and ground and first floor additions to a single dwelling house at the subject site.

The subject site is zoned Residential 2(a) under the provisions of the Canterbury Local Environmental Plan 138 – Canterbury Precinct (LEP 138). The proposed development is permissible subject to Council’s consent. The site forms part of a group of Federation style houses identified as a local heritage item under Schedule 1 of LEP 138, and has therefore been referred to IHAP for comment.

Our Heritage Adviser has reviewed the application and raises no objection. The proposal was notified in accordance with our Notification Policy and

no submissions were received. The proposal has been assessed against our relevant codes and policies and

found to generally comply with our requirements. The Director City Planning has recommended the application be approved

subject to conditions.


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CENTRAL WARD

1 174-176 LAKEMBA STREET, LAKEMBA: DEMOLITION, CONSTRUCTION OF A SIX STOREY MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING

FILE NO: 493/174D PT5

REPORT BY: DIRECTOR CITY PLANNING

Ward: CENTRAL

D/A No: DA-546/2008

Applicant:

Owner:

Triumuirate Two Pty Ltd

As above

Zoning: General Business 3(a) under Local Environmental Plan No. 178 – Belmore/Lakemba Precinct

Application Date: 29 September 2008, most recent information received 19 May 2009

Summary:

The development application seeks approval for the construction of a six-storey mixed commercial/residential development, containing basement carparking, ground and first floor commercial tenancies, and 42 residential units.

The development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan No. 178 – Belmore/Lakemba Precinct.

The development application has been assessed against the relevant provisions contained within Development Control Plans 9, 15, 20, 29, 32, 37 and 45. The application seeks a variation to the height, residential density and rear setback requirements of our Business/Retail Development Code (DCP 15). The variations are discussed in the body of this report.

The application was notified in accordance with our Notification Policy (DCP 32) and two submissions were received. The first submission relates to concerns that the proposal will impact on the residential amenity of adjoining properties, while the second submission relates to the potential for impacts during the construction phase of the development.



174-176 LAKEMBA STREET, LAKEMBA: DEMOLITION, CONSTRUCTION OF A SIX STOREY MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CARPARKING (CONT.)

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City Plan and Budget Implications:

This report has no implications for the Budget and supports our City Plan long term goal of Sustainable Urban Development.

Report:

Site Analysis The subject site is located on the south-western corner of Lakemba Street and Haldon Street at Lakemba. The land is irregular in shape with a frontage of 81.87m to Haldon Street, a frontage of 40.53m to Lakemba Street, and a total site area of 3,616m2. The site has a considerable crossfall of approximately 5.5m from the southern edge of the site to the north-western corner on Lakemba Street. The site is currently occupied by what remains of the Lakemba Palms Shopping Centre, which was severely damaged by fire in December 2007. The plaza has been inoperative since the fire and is currently boarded up and enclosed by chain-wire fencing. Surrounding development comprises a mixture of residential and commercial land uses. To the north, Lakemba Street separates the site from a mixture of single dwellings and two-storey commercial buildings. Opposite the site, on the eastern side of Haldon Street, development is predominately residential, with the exception of a service station and a number of dwellings which have been converted to commercial uses. To the south, the site abuts two-storey commercial buildings which form part of the Lakemba town centre. To the west, the development adjoins a child care centre on Lakemba Street, and the rear yards of two residential flat buildings that are accessed from Croydon Street. Lakemba Train Station is accessed from Railway Parade, approximately 150m south of the site.

Figure 1: Aerial view of the subject site, prior to the fire damage of structures.



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Figure 2: View north along Haldon Street, towards the development site.

Figure 3: Residential properties located on the eastern side of Haldon Street.

Figure 4: View south, showing adjoining commercial premises on Haldon Street.

Figure 5: View east towards the intersection of Lakemba Street and Haldon Street.

Proposal The application seeks approval for the construction of a mixed commercial/residential development at 174 – 176 Lakemba Street, Lakemba comprising the following:



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Basement Level 4 - Fifty residential car spaces - 14 bicycle parking bays - Residential lift

Basement Level 3 - Sixty-four commercial car spaces - Four residential car spaces - Eight residential visitor car spaces - Commercial and residential lifts

Basement Level 2 - Sixty-nine commercial car spaces - Twenty-eight bike racks - Loading area - Waste storage areas - Commercial lift - Freight lifts for shops and supermarket

Basement Level 1 (Lakemba Street level) - Twenty-nine commercial car spaces - Restaurant (floor area of 71m2) - Green Grocer (floor area of 174m2) - Two retail tenancies with a total floor area of 88m2 - Loading area for green grocery - Public toilet facilities - Loading bay - Waste storage room - Security Office - Commercial lift lobby - Travelators to the ground floor - Other ancillary services, including a pump room, meter room and grease trap.

Ground Floor (Haldon Street level) - Supermarket (floor area of 1951m2) - Butcher (floor area of 68 m2) - Baker (floor area of 79 m2) - Restaurant (floor area of 90m2) - Seven retail tenancies with a total floor area of 289m2 - Residential and Commercial lift lobby

Mezzanine - Six commercial tenancies with a total floor area of 446m2 - Supermarket mechanical room - The first level of 4 x 2 bedroom maisonette apartments with a total floor area of

254m2 (access is not available from this level) - Commercial lifts

First Floor - The second level (entry level) of 4 x 2 bedroom maisonette apartments with a

total floor area of 254m2 - Ten residential units (2 x 1 bedroom, 6 x 2 bedroom, 2 x 3 bedroom) with a

combined floor area of 752 m2 - Residential lifts



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Second Floor - Twelve residential units (2 x 1 bedroom, 6 x 2 bedroom, 4 x 3 bedroom) with a

combined floor area of 982m2 - Residential lifts

Third Floor - Eleven residential units (2 x 1 bedroom, 9 x 2 bedroom) with a combined floor

area of 689m2 - Residential lifts

Fourth Floor - Five residential units (1 x 1 bedroom, 4 x 2 bedroom) with a combined floor

area of 291m2 - Residential lifts

Figure 6: Photomontage showing the corner of Haldon Street and Lakemba Street.

Figure 7: Photomontage showing the view north along Haldon Street.

Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant: Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct



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State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) Development Control Plan 9 – Non Residential Buildings Adjoining Residential

Zones Development Control Plan 15 – Business/Retail Development Code Development Control Plan 20 – Car Parking Code Development Control Plan 29 – Crime Prevention Through Environmental Design Development Control Plan 37 – Energy Smart Homes Code Development Control Plan 45 – Landscape Stormwater Management Manual Specification 9 – “A Guide to Stormwater

Drainage Design” Section 94 Contributions Plan Assessment Assessment of the application has been made in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. Local Environmental Plan No. 178 – Belmore/Lakemba Precinct

The site is zoned General Business 3(a) under LEP No. 178 – Belmore/Lakemba Precinct and the proposed mixed-use development is permissible with the consent of Council. The objective of this zone is to achieve a hierarchy of shopping centres containing a range of retail, office and related uses, which contribute to employment and economic growth of the area. The proposed development is considered to be an appropriate active use of the prominent corner site at the northern gateway to the Lakemba Town Centre. The development will provide a substantial contribution to the viability of the Lakemba Town Centre by extending the active street frontage, providing additional commercial floor space, and supplying a diversity of housing choice. It will also provide a supermarket for Lakemba; which is an essential element for a viable town centre of this size.

State Environmental Planning Policy (Infrastructure) 2007

The proposed development was referred to the Roads and Traffic Authority for comment in accordance with Clause 104 of State Environmental Planning Policy (Infrastructure) 2007. The Sydney Regional Development Advisory Committee considered the traffic impact of the application at its meeting on 6 November 2008. The Committee raised concerns about heavy vehicle movements in and out of the site and the potential for conflict with passenger vehicles. In response to this issue the applicant submitted an amended design that involves widening the proposed entry and exit driveway and removing an existing blister island on the southern side of Lakemba Street. These changes will allow heavy vehicles to service the site in a more efficient manner, while ensuring that the potential for conflicts with passenger vehicles is minimised. If this application is approved a condition of consent will be imposed requiring that the island be replaced with chevron-paint line marking. The existing no stopping zone will be preserved.



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Our Team Leader of Traffic and Transportation has considered the amended proposal submitted by the applicant and is satisfied that the concerns raised by the Sydney Regional Development Advisory Committee have been addressed, subject to conditions of consent. These conditions have been recommended for incorporation in any development consent for this development.

State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) The proposed development falls within the definition of a residential flat building under this SEPP. The policy aims to improve the design quality of residential flat buildings in NSW. From 1 December 2003, any application relating to a residential flat building must be accompanied by a design verification statement from a qualified designer (registered architect), being a statement in which the qualified designer verifies: (a) that he or she designed, or directed the design, of the residential flat

development, and (b) that the design quality principles set out in Part 2 of State Environmental

Planning Policy No 65 - Design Quality of Residential Flat Development are achieved for the residential flat development.

The applicant has submitted a statement from the project architect, Boddam Whetham Architects, which details the proposed development's compliance with the design principles of the SEPP. The proposal is considered to be consistent with the design principles of SEPP 65. In particular the site responds to its context within the Lakemba Town Centre, which is characterised by small retail tenancies which contribute to a lively and vibrant streetscape. The supermarket is located behind an active skin of specialty retail shops, which include opportunities for alfresco dining on Haldon Street and Lakemba Street. The activation of Haldon Street will be extended by reinstating the pedestrian footway at the northern end of Haldon Street, which is presently occupied by a ramp to the existing rooftop carpark. The residential component of the development comprises an acceptable dwelling mix, including large 3 bedroom apartments, which will diversify housing choice within the Lakemba Town Centre. All residential units enjoy cross flow ventilation with north facing balconies. The proposal is consistent with the Residential Flat Design Code prepared by the Department of Planning.

State Environmental Planning Policy 2004 (Building Sustainability Index:

BASIX) The applicant has nominated a number of commitments in the BASIX Certificates submitted as part of the proposed development. The proposed development achieves a score of 40% for Water (Target 40%) and 20% for Energy (Target 20%) to satisfy the requirements of SEPP (Building Sustainability Index: BASIX) 2004.



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Development Control Plan 9 - Non Residential Buildings Adjoining Residential Zones (DCP 9) DCP 9 applies to all non-residential development adjoining residential zones. The objectives of the DCP are as follows: 1. to minimise the impact of non-residential buildings on adjoining residential

properties; and 2 to preserve the existing privacy, solar access, and general amenity of

adjoining properties. DCP 9 requires that non-residential buildings adjoining residential zones comply with the ‘Building Height Plane’ as detailed in the code. The proposed development encroaches on the building height plane on the western elevation. It is noted that the existing fire damaged building provides a similar encroachment in regard to the building height plane. The non-compliance is not significant and will not result in any additional impacts in terms of overshadowing or privacy as the encroachment relates to the office component of the supermarket and a storage room. The bulk and scale of the development is moderated by the stepped design of the building, which incorporates significant setback at the higher levels. The DCP also requires shadow diagrams to accompany applications where this plan applies. As a guide, the development has been assessed against the requirements of our Energy Smart Homes Code (DCP 37), which is discussed later in this report. In summary, the shadow diagrams demonstrate that the proposed development will not have an unreasonable impact on the solar access of adjoining residential properties. With consideration of the above, a variation to the building height plane control is reasonable in this instance as the nature of the variation is not expected to have a significant impact on the privacy or amenity of adjoining properties.

Development Control Plan 15 – Business/Retail Development Code (DCP 15)

Standard Requirement Proposal Complies Maximum Floor Space Ratio in 3(a) zone

FSR = 2:1 (in main retail area)

1.11:1 Yes

Floor Space at street level

Floor space is to be of functional dimensions to allow active and viable shop/commercial uses at street level

Commercial floor space of functional dimensions has been provided at the street level

Yes

Residential Density 6 small dwg/95m2

site area 30 medium

dwg/110m2 site area 6 large dwg/150m2

site area

For sites under 2000 m2 = 570m2 site area = 3,300m2 site area = 900m2 site area Total site area req. = 4770sqm

3616m2 site area

Merit consideration as the site is well over 2000m2. See discussion below.



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Standard Requirement Proposal Complies Building Setbacks Front Setbacks

Consistent street alignment. At street level, building built to side boundaries.

The development provides a consistent and continuous frontage to Haldon Street and Lakemba Street.

Yes

Rear setback from residentially zoned land

< 9m = 4.5m 9.2m minimum Yes > 9m = 15m 12.2m – 22m No – see

discussion below

Building Height 13 metres Maximum 20.652m No – see discussion below

Maximum of 10m (3 storeys) at street alignment

11.9m – 14.6m No – see discussion below

As demonstrated in the above table, the proposed development complies with the relevant numerical and design standards of the DCP with the exception of residential density, building height and the rear building setback controls. Each of these issues is discussed in greater detail below: Residential Density Clause 8 of DCP 15 allows consideration of an increase in residential density in the following circumstances: - The site area is 2000sqm or greater - The design is of merit - The development will not cause undue impact to the amenity of

surrounding development. The applicant has provided the following statement in support of the density of the development:

“We submit the design of the building provides for high architectural standards. There are no amenity concerns in terms of privacy and overshadowing. The sites location to services…particularly public transport, supports the proposed density. “

The subject site has a total area of 3,616sqm. The residential density is consistent with the objective of DCP15 to ‘provide opportunities for higher density residential development in an accessible location close to public transport.’ The context of the site, on a prominent corner at the gateway to the Lakemba Town Centre supports the scale of this development. The development incorporates marked improvements over the configuration of the previous shopping centre, including reinstating an active street frontage for the full extent of Haldon Street, and concealing all carparking and loading areas from the street.



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The proposed development is considered to have high architectural merit, achieves the design principles and standards contained within the Residential Flat Code of SEPP 65 (as noted previously), will not have significant impacts on the amenity of adjoining properties, and will make a positive contribution to the Lakemba Town Centre. Having regard to these circumstances and given the high quality design outcome proposed, the density is considered appropriate in this instance. Building Height The table within Clause 5 of DCP 15 provides that development on sites zoned General Business 3(a) be limited to a height of 13m, with any part of the building exceeding 10m, setback at least 3m from the front façade. The overall maximum height of the building will be 20.652m to the top of the lift tower, or 6 storeys. The applicant has provided the following statement in support of the height of the development:

“The proposed height has no unreasonable impacts in terms of privacy or overshadowing given the slender building footprint of the residential component to the upper levels… The proposed building has significant setbacks off the residential boundaries. The stepping of the building, together with the use of materials… provide for a building that is highly articulated and modulated in its appearance. The corner section of the building is lower to the centre section to respect this level difference while ensuring the corner is well presented and forms the book end of the commercial precinct of Lakemba.”

Council is currently preparing a Town Centres DCP which is intended to replace DCP 15. The DCP will provide a framework to guide future development in the 10 Town Centres within the LGA. An urban design consultant, engaged by Council to prepare this DCP was given an opportunity to comment on the proposed development to determine whether it is consistent with the objectives and standards which are expected to be included in the new DCP. In summary the consultant found that the proposal contributes to the ‘creation of a town centre that is active and vibrant and based on transit-orientated development and providing a mix of uses to cater for the needs of the community’. The consultant notes that the development site is nominated as a ‘major development site’ and it is envisaged that the DCP will increase building heights and densities with respect to the Lakemba Town Centre.



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Figure 8: Buildings tend to be set at the same height as adjoining neighbours with a strong sense of a contiguous 10m parapet line

The maximum height of the building at the street alignment will be 11.9m at the southern end of Haldon Street and 14.6m at the northern end. The building has been designed to reflect adjoining development by adopting a parapet line at RL 46.00. Residential levels 3 and 4 have been stepped back from the street and articulated in white. The height of the development does not contribute to any adverse impacts on adjoining residential land uses and visually the development is considered appropriate for the prominent corner site at the junction of a regional road and the main street of the Lakemba Town Centre. Rear Setback Clause 5(d) of DCP 15 requires that a rear boundary setback of 15m be provided for any part of a building exceeding the maximum allowable height of the adjacent residential zone. In this case, the adjacent residential zone has a height limit of 9m. The first floor component of the proposed development exceeds the 9m height limit, yet only provides a rear boundary setback of 12.2m. The objective of the setback requirement is to achieve adequate spatial separation between buildings, to allow adequate solar access, and to maintain visual and acoustic privacy between dwellings. In the context of the development’s size and location the encroachment is not major and only relates to a portion of a bedroom. The bedroom has a single window, which does not have any direct views to the rear yard of the adjoining childcare centre. The encroachment is not expected to have a perceptible impact in terms of additional overshadowing, nor does the encroachment contribute to the bulk and scale of the development. The development satisfactorily achieves the objectives of DCP 15 and a variation to the rear setback requirement is supported in this instance.



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Development Control Plan 20 – Car Parking Code (DCP 20) This proposed development compares to DCP 20 as follows:

Standard Requirement Proposal Complies Commercial Shops: 1 spc/40m2 Restaurants: 1 spc/40m2 Supermarket: 1 spc/22m2 Green Grocer 1 spc/30 m2

24 spaces 4 spaces 89 spaces 6 spaces (Total: 123 spaces required)

162 spaces

Yes

Residential 1 bedroom unit: 1 space 2 bedroom unit: 1.2 space 3 bedroom unit: 2 spaces Visitor Spaces (1 per 5 units)

7 spaces 35 spaces 12 spaces 8 spaces (Total: 62 spaces required)

62 spaces

Yes

Loading Area Loading/unloading bay required

Loading areas provided of adequate dimensions to enable heavy vehicles to service the site

Yes

As demonstrated in the above table, the proposed development complies with the relevant numerical controls of DCP 20. The proposed development provides levels of parking surplus to the requirements of the DCP. Three separate and independent off-street loading facilities are provided; one for the supermarket, a second for the green grocer, and a third for the remainder of the commercial tenancies. The loading facilities are appropriate for the types of vehicles likely to be servicing the site. The development satisfies the requirements of DCP 20.

Development Control Plan 29 – Crime Prevention Through Environmental

Design (DCP 29) The proposed development will not contribute to creating opportunities for additional criminal activity and is consistent with the objectives and principles in DCP 29 relating to natural surveillance, access control and ownership. The proposed development allows for surveillance of the area surrounding the site. In this regard the development is a substantial improvement on the existing development which requires pedestrians to walk through a concealed passageway that detours away from Haldon Street as shown in Figure 6 and 7.

Figure 9: The pedestrian underpass on Haldon Street.

Figure 10: The underpass obscures the casual natural surveillance of pedestrians



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The proposal has been assessed by our Community Safety Committee which has advised that no objection is raised to the proposed development subject to conditions of consent being attached to any consent granted. Appropriate conditions of consent have been attached to the recommendation.

Development Control Plan 37 – Energy Smart Homes Code

Clause 7.9 of DCP 37 requires that proposals involving the erection of a mixed-use building maintain a minimum of 2 hours of solar access to clothes drying areas, 50% of rear yards, and at least one living room window of adjoining properties between 9am to 3pm on 21 June. Where existing overshadowing by buildings and fences is already greater than this, sunlight is not to be further reduced by more than 20%. The applicant has provided shadow diagrams as part of their DA submission which show the affect of existing overshadowing, and additional overshadowing created by this proposal. The diagrams demonstrate that the proposal will increase shadows cast over residential properties to the rear of the site in the morning (9.00am). However, from 12.00pm onwards shadows are cast towards commercial properties located on Haldon Street and additional overshadowing is minimal. The proposal will not further reduce sunlight to adjoining residential properties by more than 20%. Additionally the proposal will not lead to any additional overshadowing of the childcare centre which adjoins the site on Lakemba Street. Accordingly, the proposed development is consistent with the requirements of DCP 37.

Development Control Plan 45 – Landscape (DCP 45)

The landscape plan submitted with the application has been examined by our Landscape Architect who raises no objection subject to appropriate conditions of consent being attached to any consent granted.

Stormwater Management Manual Specification 9 – “A Guide to Stormwater

Drainage Design” The stormwater plans submitted with the application have been assessed by our Development Engineer and found to be satisfactory. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

Section 94 Contributions Plan

Section 94 Contributions are also payable for the additional demand for public facilities, amenities and services generated by this development. The proposed development which introduces 6 x large, 30 x medium and 6 x small dwellings to the site attracts a contribution of $401,072.82.

Referrals Disability Access Committee

The Disability Access Committee has examined the application and raised no objection subject to conditions of consent being attached to any consent granted.



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Notifications The application was notified in accordance with Council’s Notification Policy (DCP 32) and two submissions were received. The following objections were raised to the development: Damage to adjoining properties as a result of excavation and construction

Comment In the event of a development consent being issued for the subject proposal, appropriate conditions of consent will be included to ensure that adjoining buildings are preserved and protected during excavation and construction. In the event of damage to an adjoining property, the damage is to be rectified, or a satisfactory agreement for rectification of the damage is to be made with the affected person(s) prior to the occupation of the development.

Concern raised in regards to potential overshadowing caused by the proposed

development Comment The proposal has been assessed in accordance with DCP 37 – Energy Smart Homes and it is not considered to have a significant impact on the solar access of adjoining properties.

The proposal will lead to privacy impacts

Comment The development has been designed to prevent impacts on the privacy of adjoining residential land uses. Residential dwellings at the rear of the site have generous rear boundary setbacks and the living areas and balconies have been orientated to prevent overlooking.

Noise and odours from the loading dock will impact on residential amenity

Comment The loading dock is located in the basement level carpark and accordingly any noise and odours generated by the loading dock will not be perceptible from adjoining properties.

The existing Right of Way, located behind Nos. 28, 30, 32, 34 and 36 Haldon

Street should be extinguished in relation to the new development Comment The ROW was previously used for the delivery purposes of a butcher’s shop, located within the Lakemba Palms shopping centre. As part of the current proposal all servicing activities will be undertaken from within the basement loading area, which is accessed from Lakemba Street. Despite this, use of the ROW will be maintained in order to provide access to the Fire Stairs.



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Conclusion The proposed development is permitted within the General Business 3(a) zoning and generally complies with Council’s development control plans, codes and policies with the exception of the height and density requirements of our Business / Retail Development Code. Despite these non-compliances the development is considered to be a meritorious proposal that is suitable for its prominent corner location. The proposed variations have been demonstrated to satisfy the relevant DCP objectives and will not contribute to adverse impacts on neighbouring residential properties in terms of overshadowing, visual and acoustic privacy, bulk and scale. The proposal will provide a positive contribution to the Lakemba Town Centre in terms of an invigorated retail street frontage and a range of accommodation options close to a major transport node. The previous shopping centre on this site had a poor relationship with surrounding land uses and this application provides an opportunity to yield significant improvement in terms of urban design and functionality.

RECOMMENDATION:

THAT Development Application DA-546/2008 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior

to the issuing of a Construction Certificate: 1.1. Details of:

Protection from termites Structural Engineering Plan Building specifications Fire Safety Schedule Landscape Plan Hydraulic Plan NatHERS Certification Mechanical ventilation Sydney Water Notice of Requirements Soil and Waste Management Plan

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.

1.3. Payment to Council of: Kerb and Gutter Damage Deposit $2,200.00 Section 94 Contributions $401,072.82 Certificate Registration Fee $30.00 Long Service Levy $40,160.20

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $16,962.00 Inspection Fee $4,760.00 Occupation Certificate Fee $1,675.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986.



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Note 2: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 3: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT 2. Before the erection of any building in accordance with this Development Consent;

2.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and

2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE 3. A sign shall be erected at all times on your building site in a prominent position

stating the following: 3.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 3.2. The name of the person in charge of the work site and a telephone number

at which that person may be contacted during and outside working hours, and

3.3. That unauthorised entry to the work site is prohibited. GENERAL 4. The development being carried out in accordance with the plans, specifications and

details set out in the table below except where amended by the conditions specified in this Notice and the following specific amendment: Drawing Number Prepared by Received by Council DA06, DA08, DA09 Revision B Boddam Whetham

Architects 18 May 2009

DA10 through to DA15 and DA18, DA19 Revision B

Boddam Whetham Architects

24 April 2009

DA05, DA07 Boddam Whetham Architects

26 September 2008

5. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, windows and doors being in accordance with the “Materials Schedule”, prepared by Boddam Whetham Architects as received by Council on 26 September 2008. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

6. 224 off-street car spaces being provided in accordance with the submitted plans.



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7. A photographic survey of adjoining properties detailing the physical condition of those properties, both internally and externally, are to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to occupation of the building, a certificate is to be provided to the Principal Certifying Authority stating to the effect that no damage has been affected to the adjoining properties. If damage is identified and requires rectification, the damage is to be rectified, or a satisfactory agreement for rectification of the damage is to be made with the affected person(s) as soon as possible and prior to occupation of the development. All costs incurred in achieving compliance with this condition are to be borne by the person entitled to act on this Consent.

8. Any person causing excavation below the level of the base of footings on an adjoining allotment of land must, at their own expense (L.G. Approvals Reg, Clause 34): (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of

land and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation.

Submit Structural Engineer’s details for all retaining walls to the Principal Certifying Authority and obtain a Construction Certificate before construction of same. The details must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

9. Any security lighting to be installed not to affect the amenity of the adjoining residences.

10. All bathroom and ensuite windows containing translucent glazing. 11. Renewal or provision of fencing, attributable to the proposed development being

the responsibility of the developer. 12. The specific use of each commercial unit being the subject of a separate

development application to Council. 13. This condition has been levied on the development in accordance with Section 94

of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury City Council’s Section 94 Contributions Plan 2005, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The monetary contribution of $401,072.82 shall be paid to Canterbury City Council before a Construction Certificate can be issued in relation to the development, the subject of this Consent Notice. The amount payable is based on the following components: Contribution Element Contribution Account No. Open Space Acquisition $192,965.04 711 Recreation Facilities $32,384.28 712 Community Services $102,681.54 713 Environmental Amenity Improvements $39,991.50 714 Traffic Control and Management $6,812.16 715 Monitoring, research and administration $26,238.30 717



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The rates applying to each contribution element are subject to quarterly indexing using the Consumer Price Index. If the contribution is not paid within the current quarterly period that the Consent Notice is issued, the contribution will be reviewed at the time of payment in accordance with the adopted Section 94 Plan. Council’s Section 94 Contributions Plan 2005 may be inspected at Council’s Administration Centre, 137 Beamish Street, Campsie or from Council’s website www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s Administration Centre, 137 Beamish Street, Campsie during office hours.

14. Submission of a Soil and Water Management Plan, including details of: (a) property details (location, applicant, drawn by, date, scale) (b) accurate property description (property boundary) (c) contours (d) access point and access control measures (e) location and type of all sediment control measures (f) location of existing vegetation to be retained and undisturbed ground (g) any existing watercourse or drainage (h) material stockpile areas and storage and control methods (i) location of new drainage features (stormwater inlet pits) (j) revegetation proposals, including specifications on materials used and

methods of application (NOTE: For guidance on the preparation of the Plan refer to the Soil and Water Management for Urban Development guidelines produced by the Southern Sydney Regional Organisation of Councils.)

15. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

16. The proposed structure being erected so as to stand wholly within the boundaries of the allotment.

17. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

18. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

19. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

20. The construction site must have soil and water management controls implemented as described in Specifications S1 and S2 of Council’s Stormwater Management Manual.

21. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

22. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.



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23. Glazing materials shall be selected and installed in accordance with the relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.

24. Termite risk management complying with BCA Clause B1.4 (1); and comprise termite resistant materials, or alternatively: (a) protect primary building elements (structural elements) from attack by

subterranean termites (compliance with AS 3660 Part 1) (b) furnish evidence from an accredited applicator/qualified pest controller of

the methods to be used to achieve this before commencement of construction.

(c) permanently affix a durable notice to the building in a prominent location (such as a meter box or the like), indicating: (ca) the method of protection; (cb) the date of installation of the system; (cc) where a chemical barrier is used, its life expectancy as listed on the

National Registration Authority Label; (cd) the installer's or manufacturer's recommendations for the scope and

frequency of future inspections. (d) furnish a certificate from an accredited applicator/qualified pest controller

upon completion of the building confirming that the system has been installed to comply with this condition.

25. The external walls having a fire resistance level as required by BCA Specification C1.1. Windows, doors or other openings are permitted subject to same being protected if required by any other condition of this Construction Certificate.

26. The minimum distances between openings in external walls of fire compartments (separated by fire walls) must comply with BCA2005 Clause/Table C3.3.

27. The doorways to the fire isolated lift shaft being protected by -/60/- fire doors in accordance with BCA Clause C3.10. This item is an essential fire or other safety measure.

28. The entry doorway to each residential flat being provided with a self-closing fire door with a fire resistance level of -/60/30 to BCA Clause C3.11. This item is an essential fire or other safety measure.

29. The openings in floors for services in the building of type A construction being protected in accordance with BCA Clause C3.12. Openings in walls providing access to service shafts must be protected by doors, hoppers, or panels having a fire resistance level specified under BCA Clause C3.13. Documentary evidence of the method used including relevant fire resistance level must be provided with your Occupation Certificate application prior to final inspection stage. This item is an essential fire or other safety measure.

30. Exit doors in a required exit, forming part of a required exit or in the path of travel to a required exit must be readily openable: (a) without a key to a person seeking egress, and (b) by a single hand downward action or pushing action on a single device, and (c) located between 900mm and 1200mm from the floor, to BCA Clause D2.21.

31. Each exit door must swing in the direction of egress (unless it serves a building or part with a floor area not more than 200m², it is the only required exit from the building or part and is fitted with device for holding it in the open position) to BCA Clause D2.20.

32. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740.



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33. Clothes lines or clothes hoists for the residential flats at the rate of 7.5 metres of line per flat in the building. Alternatively one heat operated drying cabinet may be provided for each (4) sole occupancy units, or part, without their own drying facilities to BCA Table F2.1.

34. Mechanical ventilation being provided to the building or part where required by BCA Clause F4.5. This item is an essential fire or other safety measure if serving a life safety function.

35. The walls dividing bathrooms, laundries and kitchens in one flat from habitable rooms in an adjoining flat having Sound Transmission and Insulation rating and being constructed in accordance with the provisions of BCA Part F5.

36. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate.

37. Structural Engineer’s details and specifications being submitted to the Principal Certifying Authority for all excavation and backfilling together with the proposed methods of retaining/shoring to the basement area. The details must be prepared by a suitably qualified practising structural engineer who has/is eligible for membership of the Institute of Engineers of Australia, and be accompanied by a completed Structural Design Certificate.

38. The space below any non fire isolated stairway (including an external stairway) serving as a required exit if enclosed to form a cupboard or other enclosed space must have, to BCA Clause D2.8: (a) a fire resistance level of not less than 60/60/60 to enclosing walls/ceilings,

and (b) any access doorway to the enclosed space fitted with a -/60/30 self-closing

fire door. 39. All materials must be stored wholly within the property boundaries and must not

be placed on the footway or roadway. 40. All building operations for the erection or alteration of new buildings must be

restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

41. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.

42. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

43. All disturbed areas must be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

44. Erection of a hoarding/fence or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.



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45. Where erection or demolition of a building involves the closure of a public place, or where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the premises is to be provided with a hoarding and or sufficient awning to be erected to prevent any substance from, or in connection with the work falling onto the public place. The site is also to be kept illuminated between sunset and sunrise where it is likely to be dangerous for people using the public place.

46. During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours. A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

47. Toilet facilities shall be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

48. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."

DEVELOPMENT ENGINEERING 49. That the stormwater system be constructed in accordance with the plans,

specifications and details received by Council on 15 May 2009; hydraulic plan drawing numbers 08/13-H1 revision DA3, 08/13-H2 revision DA4 and 08/13-H10 revision DA3 all dated 15/5/2009 by Engineering Consultants of Australia. Pits A1 and A2 are to be constructed in accordance with Council’s standard drawing SD 100 Standard Grated Gully pit with Kerb Inlet.

50. A Works-as-Executed plan must be submitted at the completion of the work to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.



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51. A Works-as-Executed plan must be submitted at the completion of the work to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA, indicating all the street drainage system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant existing, proposed and actual levels and dimensions relative to the constructed drainage system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards.

52. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 7.0 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

53. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

54. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

55. A qualified practicing Civil Engineer shall design the pavements and certify that all driveways, parking and service areas have been constructed in accordance with the approved specifications. Design to be carried out in accordance with AUS-SPEC #1 Specification D2-Pavement Design. Construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

56. A driveway longsection scaled at 1:25 (both vertical & horizontal) is to be submitted indicating the appropriate grades, transitions, lengths and height clearances above the internal driveways and ramps. The existing street levels are to be included in the design of the driveway (The existing street levels include kerb & gutter, footpath and boundary line levels which cannot be altered). The driveway widths and grades shall be in accordance with Australian Standard AS 2890.1 - 2004 "Off-street Parking Part 1 - Carparking Facilities".

57. The existing easement for stormwater drainage being relocated over the new inter allotment pipe line. Documents relative to the creation of the easement to be lodged with the Land and Property Information NSW prior to lodgement of the Construction Certificate, with Registration being effected prior to issue of the Occupation Certificate. All costs associated with piping, relocation and creation of easements being borne by the applicant. A sample document is included in Council’s Stormwater Management Manual - Specification 9, “A Guide to Stormwater Drainage Design”, setting out the terms of the instrument to be registered.

58. A Registered Surveyor shall certify that the relocated drainage line is constructed wholly within the new easement location.



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59. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

60. The reconstruction of the kerb and gutter along all areas of the site fronting Haldon Street and Lakemba Street is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

61. The reconstruction of concrete footpath paving and associated works along areas of the site fronting Haldon Street and Lakemba Street is required. The paving material, pattern and construction specification is to be in accordance with the requirements adopted by Council for the Lakemba town centre and is to be carried out to the satisfaction of Council's Director of City Works. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

LANDSCAPING 62. Landscaping of the site to be carried out in accordance with the submitted

landscape plan (drawn by Habitation, drawing number 08_065_L01 to L02, submitted to council on 26 September 2008) and with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council's satisfaction.

63. The existing street trees, 2 x Robinia pseudoacacia (common name Black locust), must be retained and protected during construction. A suitable 2 x 2 metre protective barrier must be erected around the tree’s trunk prior to construction. This barrier must be well maintained during construction. No building material or construction activity shall be allowed to encroach within this tree protection zone.

WASTE FACILITIES REQUIREMENTS 64. Prior to the issue of a Construction Certificate the applicant is required to submit a

Waste Management Statement describing the wastes that will be generated in the demolition and construction phases and the subsequent separation, storage and disposal of those materials. The statement is to be prepared in accordance with Development Control Plan No. 48 – Waste Management.

65. Bins are to be presented for collection in an appropriate area on the premises and within 15metres of the street kerb. Bins are not to be placed on the footpath.

66. Both the commercial and residential garbage rooms shall be clearly identified as such. The rubbish and recycling bins shall be stored as separate groups within these rooms with these areas also signposted accordingly.

67. The aisle between rows of bins shall be a minimum of 1.2 metres wide. 68. Paths of travel both through and from the garbage rooms to the street kerb shall be

free of obstructions and steps and finished to a smooth even surface. 69. Access doors and paths of travel from the garbage rooms to the collection point

shall be a minimum of 1.2 metres wide and free of obstructions, steps and the like.



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70. The garbage rooms shall be provided with a water supply to facilitate the washing of bins and the rooms graded to drain to the sewer. The intersection of walls and floors shall be coved with a minimum radius of 50mm.

71. A separate area of a minimum of 10sqm and clearly signposted for the purpose, shall be provided for the storage of bulky rubbish (clean-up, white goods, mattresses and the like) awaiting collection.

72. Adequate lighting and ventilation hall be provided to the garbage rooms in accordance with the Building Code of Australia.

DISABILITY ACCESS REQUIREMENTS 73. The accessible lift to the residential levels complying with the requirements of

Australian Standard 1735.12 for circulation space within the lift and width of the door opening. Height of internal and external call buttons being within the range suitable for a person in a wheelchair and tactile and braille information being provided either on, above or to the left of the call buttons. An auditory tone should sound when the lift arrives at or passes a floor.

74. Access to each of the ground floor commercial tenancies being provided for people with disabilities. Any step, lip or significant level change that may hinder the passage of a person in a wheelchair is to be addressed by the provision of a ramp complying with Australian Standard 1428.1 clause 5 for width and gradient. Doorway entrances to these commercial units shall be at least 850mm in width to ensure ease of entry for a person who uses a wheelchair. Within the commercial areas of the building there is to be a clear and uninterrupted path of travel that allows access for people with disabilities to all areas available to the public.

75. Floor surfaces within the commercial areas shall have a slip-resistant surface in accordance with As1428.1 clause 12. If carpets are used they should be of a short pile to ensure that they are traversable by a person who uses a wheelchair.

76. Seven (7) accessible parking spaces being provided, consisting of four (4) residential carparking spaces and three (3) commercial carparking spaces. Each of the accessible car parking spaces shall have a level surface and have dimensions in accordance with Australian Standard 2890.1. These spaces being marked with the international symbol of disability. A clear and uninterrupted path of travel shall be provided and maintained from the accessible parking spaces to the accessible entrances to the commercial tenancies and the accessible lift.

77. A minimum of four (4) of the residential units are to be adaptable as shown on the approved plans. These units are to have performance requirements in accordance with Australian Standard 4299 clause 2.2 and be located as close as possible to the accessible lift.

COMMUNITY SAFETY AND CRIME PREVENTION REQUIREMENTS 78. Signage is to be installed at all driveways, entry and access points. 79. Lighting similar to category P1 of Australian Standard 1158.3.1:1999 for road

lighting of pedestrian areas should be installed. 80. Landscaping is to be well maintained and pruned regularly so that sight lines

through the site are maintained. Adequate lighting being provided between plants to provide visibility of concealed spaces after dark.

81. Entry to the residential component of the building is to be restricted through an appropriate intercom and security system whereby only residents and authorised visitors gain entry to the building and the residential floors.

82. Residents and retailers are to be provided with a swipe card access to their allocated areas of the building, including lifts.



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83. CCTV is to be installed in appropriate locations within the premises to increase site surveillance.

84. Anti-graffiti paint is to be used to deter graffiti offenders from targeting the building and its perimeter.

TRAFFIC 85. The existing blister island on the southern side of Lakemba St, west of the

proposed vehicle crossing, is to be removed. The road pavement is to be reinstated and the area painted with Chevron paint, to allow a 12.5m truck to egress from the site. All costs are to be borne by the applicant.

86. All off-street parking facilities including driveway widths, ramp grades, aisle widths, turning paths, sight distances and parking bay sizes should conform to current Australian Standards AS 2890.1 – 2004 and AS 2890.2 – 2002.

87. All loading activities being undertaken within the designated loading facilities. 88. The applicant is required to install a convex safety mirror at the entrance to the

loading dock to optimize sight lines down the ramp towards the carpark entry and exit.

89. The central concrete median island on Lakemba Street is to remain in place to restrict vehicular access to left in/left out.

90. The proposed turning areas within the carpark are to be kept clear of any obstacles, including parked cars, at all times.

91. All vehicles are to enter and exit the site in a forward direction. 92. All vehicles should be wholly contained on site before being required to stop. 93. A Construction Traffic Management Plan detailing construction vehicle routes,

number of trucks SYDNEY WATER REQUIREMENTS 94. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision. A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

95. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Your Business, then Building & Developing, then Building & Renovating, or telephone 13 20 92.

CRITICAL INSPECTIONS 96. The following critical stage inspections must be carried out by the Principal

Certifying Authority (either Council or the Accredited Certifier): Class 2, 3 or 4 Buildings 96.1. at the commencement of the building work, and



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96.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within the building, and

96.3. prior to covering any stormwater drainage connections, and 96.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 96.5. at the commencement of the building work, and 96.6. prior to covering any stormwater drainage connections, and 96.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. COMPLETION OF DEVELOPMENT 97. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal

Certifying Authority before partial/entire occupation of the development. WE ALSO ADVISE 98. This application has been assessed in accordance with the Building Code of

Australia. 99. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following: Structural engineering work Air handling systems Protection from termites Fire Safety Waterproofing Glazing Survey on completion Protection from termites NatHERS / BASIX completion

100. Width of stairs, surface finishes of treads and landings, construction of treads and risers and handrails/balustrades to stairs complying with BCA Part D2.

101. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740. 102. Mechanical ventilation being provided to the building or part where required by

BCA Clause F4.5. This item is an essential fire or other safety measure if serving a life safety function.

103. The sanitary compartments and the shower rooms being mechanically ventilated in accordance with BCA Clause F4.5.

104. The walls dividing bathrooms, laundries and kitchens in one flat from habitable rooms in an adjoining flat having Sound Transmission and Insulation rating and being constructed in accordance with the provisions of BCA Part F5.

105. Soil and waste pipes, including those that pass through a floor shall be separated from the rooms of any flat immediately adjacent thereto by construction having a Sound Transmission and Insulation Class in accordance with BCA Part F5.

106. Where excavation is proposed adjacent to existing dwellings or a vacant property, the works shall be carried out in accordance with Part 3.1.1-Earthworks BCA and, the person/company responsible for doing the excavation shall give 7 days notice of intention to carry out the excavation works to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work. (An allotment of land also includes a public road and any other public place.)



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108. Toilet facilities shall be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

109. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

110. The relevant Council Manuals and AUS-SPEC specifications referred to are available from Council for a fee.

111. Private contractors shall submit an application and pay an inspection fee to Council seven days prior to commencement of any works on the footpath or roadway. No work shall be carried out without Council approval.

112. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are to be shown on the Landscape Plan as these can affect layout of garden beds and plantings.

113. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

114. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

115. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

116. If you are not satisfied with this determination, you may: 116.1. Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

116.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.

(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you need more information, please contact Adam Culbert of our City Planning Division on 9789-9388 between 9.00 a.m. and 11.00 a.m., Monday to Friday.


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2 218A BURWOOD ROAD, BELMORE: SUBDIVISION OF COUNCIL OWNED DRAINAGE RESERVE INTO TWO TORRENS TITLE LOTS

FILE NO: 138/218AD


Ward: CENTRAL

D/A No: DA-147/2009

Applicant:

Owner:

Canterbury City Council

As above

Zoning: Residential 2(a) under Canterbury Local Environmental Plan No. 178 (Belmore/Lakemba Precinct)

Application Date: 3 April 2009

Summary:

It is proposed to subdivide an existing Council owned drainage reserve to create two Torrens Title allotments. One of the created lots will be sold to an adjoining land owner and consolidated with this adjoining allotment.

The subject property is zoned Residential 2(a) under the provisions of Local Environmental Plan 178 – Belmore/Lakemba Precinct. The proposed development is permissible subject to our consent.

The proposal has been assessed against our relevant codes and policies. The proposal does not strictly comply with the numerical requirements of DCP 30 – Subdivision of Land and this matter is discussed in the body of this report.



It is noted that future applications associated with the sale of the drainage reserve will financially benefit Council’s Budget. The assessment of the application supports our City Plan long term goal of Sustainable Urban Development and Healthy Finances.

Report:

Site Details The subject land is known as Lot 1 DP 124452 and is a Council owned drainage reserve classified as ‘Operational Land’ under the Local Government Act (1993). The land has always been used for the overland flow of stormwater. There are no improvements or buildings erected on the site at present that would hinder the proposed subdivision.


218A BURWOOD ROAD, BELMORE: SUBDIVISION OF COUNCIL OWNED DRAINAGE RESERVE INTO TWO TORRENS TITLE LOTS (CONT.)

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The land is approximately 470 metres in length and 1.5 metres in width running parallel to Lakemba Street between Burwood and Benaroon Roads. The land also includes three ‘arms’ which run perpendicular to the main length of the allotment (also 1.525 metres in width) into Kennedy Avenue. Proposal It is proposed to subdivide an existing Council owned drainage reserve into two separate parcels (Lots 100 and 101) to enable the sale of that parcel to be known as Lot 100 to an adjoining land owner of property known as 19 Benaroon Road, Belmore.

Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act, 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant: Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct Development Control Plan 30 – Subdivision of Land Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct

The subject site is zoned Residential 2(a) under the Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct. The Torrens title subdivision of the subject land into two separate allotments is permissible with the consent of Council and the proposal remains consistent with the relevant objectives of the Residential 2(a) zone.



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Development Control Plan 30 – Subdivision of Land

The proposed development will result in the creation of two allotments; Lot 100, with an area of 70.75 square metres and Lot 101 with an area of 873.5 square metres. The size and shape of these allotments do not comply with the numerical standards contained in Clause 3 of DCP 30. The nature of this proposal is that Lot 100 will be offered for sale to the adjoining land owner, namely No. 19 Benaroon Road, and there will be a specific condition of any development consent issued binding the applicant to sell the subdivided land parcel to that land owner. Once sold, Lot 100 will be consolidated with No. 19 Benaroon Road, rendering the proposed subdivision acceptable and satisfying the objectives of Clause 3 of DCP 30 by providing additional land area to the adjoining property. The remaining section of the drainage reserve (Lot 101) will be retained in Council’s ownership and under these circumstances, the proposed subdivision is acceptable.

Notification Clause 3.1 of DCP 32 stipulates that notification of a development application is not required where the application relates to subdivision of land. Accordingly, the development application was not notified.



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Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. As outlined throughout this report, the proposal is permissible. Although the proposal does not meet the numerical requirements of DCP 30, with the proposed consolidation requirement, the proposal adequately satisfies the Code’s objectives and as such, the variation is considered to be acceptable. In this regard, it is recommended that the development application be approved subject to conditions.

RECOMMENDATION:

THAT Development Application DA-147/2009 be APPROVED subject to the following conditions: GENERAL 1. The development being carried out substantially in accordance with the plans

received by Council on 3 April 2009, except where amended by the conditions specified in this Notice.

2. The proposed lots be made the subject of a restrictive covenant to the effect that the lots may not be sold, transferred or otherwise dealt with, except to be consolidated with an adjoining parcel or parcels of land.

SUBDIVISION 3. The submission of one final plan of subdivision and five copies. 4. The satisfactory completion of all conditions of this Development Consent prior to

the release of the final plan of subdivision. 5. An easement to drain water 1.525m wide, located over Lot 100 being created in

favour of Council. Documents relative to the creation of the easement are to be lodged with Land and Property Information NSW with the Subdivision Certificate and Subdivision Plans, with Registration being effected prior to consolidation of adjacent lots.

SYDNEY WATER REQUIREMENTS 6. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the final plan of subdivision.

WE ALSO ADVISE 7. Our decision was made after consideration of the matters listed under Section 79C

of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.



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8. If you are not satisfied with this determination, you may: 8.1 Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made and determined within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

8.2 Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry)

If you should require any further information, please do not hesitate to contact Stephen Pratt in City Planning, on 9789 9350 Monday to Friday.


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EAST WARD

3 196 WILLIAM STREET, EARLWOOD: USE FIRST FLOOR AS BROTHEL



Ward: EAST

D/A No: DA-745/2008

Applicant:

Owner:

Urbanesque Planning P/L

Mr Tass and Mrs Alexandra Karozis

Zoning: Neighbourhood Business 3(c) under Canterbury Planning Scheme Ordinance

Application Date: 24 December 2008 – Additional information received 30 December 2008

Summary:

The application seeks permission to use the first floor of the subject site as a brothel.

The application has been assessed against the relevant planning instruments, development control plans and Land and Environment Court Planning Principles and does not comply in terms of its location to residential development, place of worship, bus stops, and place frequented by children.

The proposed development does not comply with Council’s Car Parking requirements. As a result of this, it is considered that the surrounding residential area will adversely impact in terms of vehicle generation and noise.

The application was notified to surrounding residents in accordance with the requirements of Council’s Notification Policy and six submissions were received objecting to the proposal. The issues raised in the submissions are detailed in the report.

The Director City Planning has recommended the application be refused.


This report has no implications for the Budget. The assessment of the application supports our City Plan long term goal of Sustainable Urban Development.

Report:

Background On 28 July 2008 a complaint was received regarding the use of the subject premise as a brothel.


196 WILLIAM STREET, EARLWOOD: USE FIRST FLOOR AS BROTHEL (CONT.)

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Legal action was taken against the unauthorised brothel, where Consent Orders were agreed upon prior to the hearing at the Land and Environment Court on 27 February 2009. The Consent Orders made by Justice Pain at the directions meeting require the unauthorised brothel to cease use by 26 April 2009. It was indicated that the brothel would be relocated to a recently approved brothel premises at Rockdale by that date. The applicant has since contacted us to request that the subject application be determined by Council notwithstanding the fact that the date of the Independent Hearing and Assessment Panel and City Development Committee meetings where this application will be considered is after the date on which the unauthorised use is to cease as per the Consent Orders. The applicant indicated that they will be seeking an extension of time to cease the use through the Court, pending the outcome of this application. Site Analysis The subject site is located on the southern side of William Street, Earlwood to the east of Bexley Road. The site has a frontage of 16.2m to William Street. The subject site is located within a small string of shops which comprise the Clemton Park shopping area. Existing on the site is a two storey building at the front of the site facing William Street and a single storey building at the rear of the site. The two storey building contains two ground floor shops, one is used as a newsagency and the other is vacant, and first floor contains commercial/residential floor area, the subject of this application. The single storey building at the rear of the site is used as a dwelling and as an electrical and gas appliance shop. There is a shed located to the rear of the two storey building. The site has on site car parking between the two storey building and the single storey building with access off William Street. Adjoining the site to the west is a two storey building containing ground floor shop and first floor commercial/residential area. Adjoining the site to the east is a multistorey commercial and residential development which is currently under construction. Further to the east of William Street at 188 and 190 William Street is aged care housing for females which is run by a charitable organisation. The housing is at 188 William Street and the amenities building associated with this housing is at 190 William Street. To the rear of the site are residential developments, primarily one and two storey dwellings which face Parker Ave. On the opposite side of William Street are residential developments, primarily one and two storey dwellings and dual occupancy development. At the corner of William Street and Bexley Road is St Bernadette’s Catholic Church. The area surrounding the subject site, apart from the string of shops adjoining the subject site, is predominantly residential.



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Proposal The application seeks permission to use the first floor of the subject site as a brothel. The brothel has been operating without consent. Details of the application are as follows: Hours of operation: 10am to 2am seven days a week Number of persons working on the

premises: Maximum four sex workers and one duty manager

Carparking: The applicant proposes to provide five car spaces at the rear of the site

The applicant has also submitted a Plan of Management which details how the brothel will operate in terms of health requirements and safety measures for staff. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant: Canterbury Planning Scheme Ordinance Development Control Plan 15 – Business/Retail Development Code Development Control Plan 20 - Car Parking Code Development Control Plan 23 – Development Control Plan For Development

Legalised By State Parliament Under The Disorderly Houses Amendment Act 1995

Development Control Plan 29 – Crime Prevention Though Environmental Design Development Control Plan 48 – Waste Management Plan Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:



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Canterbury Planning Scheme Ordinance The subject site is zoned Neighbourhood Business 3(c) under the Canterbury Planning Scheme Ordinance and the proposed development is permissible in the zone under the definition of “commercial premises” with Council consent.

Development Control Plan 15 – Business/Retail Development Code (DCP 15)

DCP 15 primarily relates to new developments and alterations and additions to existing developments. As such the provisions of DCP 15 do not relate to change-of-use applications.

Development Control Plan 20 - Car Parking Code (DCP 20)

DCP 20 requires that one car space be provided on site per worker at any one time. It is proposed that a maximum of four sex workers will be on the site at any one time. Therefore, four car spaces are to be provided on site for the proposed use. The site has a capacity to provide five on site car spaces if the existing shed is to be demolished as proposed. The existing site however, contains several uses. These comprise two shops on the ground floor facing William Street, a dwelling and appliance shop at the rear of the site, and the first floor, the subject of this application. Under previous development consents granted for the subject site, the following car spaces are to be provided on site: - Shop 1: One car space for hairdresser (shop now vacant) - Shop 2: One car space for the newsagency which includes

use of the first floor for associated storage - Dwelling at rear of site: Four car spaces (two for the dwelling and two for

the electrical and gas appliance shop) The above consents require the provision of six car spaces on site. The first floor which is proposed to be used as a brothel, was approved to be used in conjunction with the ground floor newsagency which still operates from the subject site. On site car parking is at a premium with the existing uses and no further on site parking can be provided for the proposed brothel use. On site car parking can only be provided on site for the brothel after business hours when the other uses are closed. Even with this arrangement, only three on site car spaces will be available as the rear dwelling requires access to its two car parking 24 hours a day. Notwithstanding the deficiency in on-site parking, the applicant has submitted in the Statement of Environmental Effects that the intention is not to use or provide on site parking for customers. This is due to the fact that customers of brothels prefer to be discreet and remain anonymous and will use the surrounding streets to park and then walk to the premises. The on street car parking available on William Street is limited to half an hour and clearway restrictions for most of the day. The on street parking is unrestricted after 6.30pm on weekdays and after 12.30pm on Saturdays in front of the site, and from 6.00pm on weekdays and after 12.30pm on Saturdays on the opposite side of William Street.



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Given these parking restrictions and the fact that customers want to remain discreet, it is likely that customers will park in the streets surrounding the subject site. The streets most accessible are those located on the opposite side of William Street or to the east of the site. These streets are zoned residential and contain dwellings. It is considered that the proposed development is likely to adversely impact the amenity of the surrounding area in terms of vehicle generation and associated noises, such as slamming of doors. This is particularly the case for the evening and early morning hours as the brothel is to operate until 2am seven days a week.

Development Control Plan 23 – Development Control Plan For Development

Legalised By State Parliament Under The Disorderly Houses Amendment Act 1995 (DCP 23) The proposed development complies with the requirements of DCP 23 as follows:

Standard Requirement Proposal Compliance Access and Locational Requirements

Must not be located adjoining or within 100m walking distance of any residential zoned site

Residential zone adjoining the site to the rear and opposite the site (21m away) and to the east (32m away)

No

Brothel should not be located within 200m walking distance of:

Any place of worship St Bernadette’s Catholic Church at the corner of Bexley Rd and William St is 110m from site

No

School Clemton Park Public School is 276m from site

Yes, but see comment below

Community facility No known community facility within 200m

Yes

Child care centre Child care centre located 270m from site at Marana Rd

Yes, but see comment below

Hospital No known hospital within 200m

Yes

Rail station No rail station within 200m

Yes

Bus stop Bus stop 56m from site on William Street

No

Taxi stand No known taxi stand within 200m

Yes

Any place regularly frequented by children for recreational and cultural pursuits

St Bernadette’s Catholic Church is frequented by children 110m from site

No

Brothel to be above ground level

Brothel on first floor Yes

Entry to brothel to be discreet and not common to other commercial uses or dwellings

Brothel has own entry to first floor

Yes



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Standard Requirement Proposal Compliance No patron access from

laneway No entry from laneway Yes

Brothel must not cause disturbances in the neighbourhood taking into account adjoining land uses

Brothel has potential to disturb residential zones in terms of vehicular generation and associated noise impacts

No, see comment under DCP 20

Brothel must not be located within the vicinity of a licensed premises

Liquor outlet (Liquor Stax) is located 250m from site on William St

No, see comment below

Brothel must not contain more than 6 separate rooms for prostitution and associated activities. Rooms exceeding 18sqm will be considered as 2 rooms

Under definition of DCP 23, 8 rooms will be provided

No

Brothel not located in proximity to another brothel

Council is investigating use of 210 William St as a brothel

Possible non compliance, but 210 William St has no development consent

Car Parking 1 car space per person working on site at any one time

Insufficient on site parking provided

No, see comment under DCP 20

Health and Building requirements

Brothel to comply with requirements of the BCA, Public Health Act, and Food Premises requirements

These matters can be addressed through conditions of consent

Yes

Signage Signage to be discreet No signage proposed Yes As shown in the above table, the proposed development does not comply with the requirements of DCP 23 in terms of its location to residential zones, a place of worship, bus stop and place frequented by children. The subject site is also in the vicinity of the Clemton Park Public School and a child care centre. Whilst the location of these uses is not within the 200m of the subject site, it demonstrates that the subject site is primarily surrounded by uses that are not compatible with the proposed brothel. The liquor outlet is considered to be in the vicinity of the brothel as it is within walking distance and can be seen when outside the premises looking east of William Street. The brothel also has eight rooms under the definition of DCP 23. The maximum number of rooms permitted under DCP 23 is six and the proposed brothel has eight. The number of rooms is limited under DCP 23 so that brothels are of a modest size. The zone of the subject site is Neighbourhood Business 3(c). This objective of the zone, whilst not specified in the planning instrument, is to permit certain non residential land uses that service the surrounding residential area. This is evidenced by the fact that only a limited type of non residential uses are permitted in the zone.



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Neighbourhood Business zones primarily comprise small pockets of commercial area, such as a string of shops, that cater for the surrounding residential area by providing goods and services such as a newsagency, bakery, takeaway food shop. Although the proposed development is permitted within the zone, the fact that it does not meet the access and locational requirements of DCP 23 demonstrates that a brothel is not compatible in this location with the surrounding uses, which in this case are primarily residential. Even the mixed development which is currently under construction next door at 194 William Street contains residential uses above the ground level. Accordingly, it is considered that the proposed brothel is not an appropriate or compatible land use on the subject site.

Development Control Plan 29 – Crime Prevention Though Environmental

Design (DCP 29) The application was referred to Council’s Community Safety Committee for comment. The Committee has advised that no objection is raised subject to the use being provided with, amongst others, appropriate signage, CCTV to the front and rear entry to the site, and security guards monitoring the site. These requirements can be imposed as conditions of development consent, should consent be granted.

Development Control Plan 48 – Waste Management Plan (DCP 48)

The waste management proposed for the use complies with the requirements of DCP 48. Appropriate conditions of consent can also be attached to any consent granted regarding waste disposal.

Other Consideration Land and Environment Court Planning Principles

The Land and Environment Court has established planning principles under which brothels should be assessed in areas where there are no locally adopted guidelines. Although Canterbury City does have requirements for brothels under DCP 23 it is useful to assess the proposed development against the planning principles established by the Court. The following are criteria for locating brothels with a comment provided on how the proposed brothel meets the planning principle: (a) Brothels are a legal land use that benefits some sections of the community

but offends others. Most people believe that the exposure of impressionable groups like children and adolescents to the existence of brothels is undesirable. The aim should be therefore to locate brothels where they are least likely to offend. However, criteria for locating brothels should not be so onerous as to exclude them from all areas of the municipality.



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Comment The proposed brothel is located within a predominantly residential area. Although the subject site is within a small string of shops which comprises the Clemton Park shopping area it adjoins and is opposite residential zones, and is in close proximity to a place of worship, bus stops, and within the vicinity of a primary school and child care centre. The location of the brothel is not considered to be appropriate. The brothel is likely to offend surrounding residents and users of the place of worship. Accordingly it is considered that the proposed brothel is not in accordance with this planning principle.

(b) Brothels should be located to minimise adverse physical impact, such as

noise and overlooking. Comment The brothel is likely to have adverse physical impact on the surrounding residential developments in terms of vehicular generation and associated noise. As previously discussed in this report, the applicant has submitted that there is no intention on customers using on site parking so as to retain discretion. Given this, customers are likely to use the surrounding residential streets to park their vehicles. This would be a problem late at night or early in the morning. It is not necessarily the case that all customers are discrete, we have in the past received complaints about anti-social behaviour associated with groups in the later hours. Accordingly, it is considered that the proposed brothel does not comply with this planning principle.

(c) There is no evidence that brothels in general are associated with crime or

drug use. Where crime or drugs are in contention in relation to a particular brothel application, this should be supported by evidence. Comment Residents have made reference to issues they have had with an armed robbery which took place at the subject site. The brothel has been operating without consent for some time despite legal action taken by Council once the unauthorised use came to its attention. It has been confirmed by the NSW Police that there was an armed robbery which took place on the premises a few years ago. There is evidence to support the concern that crime is associated with the proposed brothel.

(d) Brothels should not adjoin areas that are zoned residential, or be clearly

visible from them. Visibility is sometimes a function of distance, but not always. Comment The brothel adjoins residential zones which are located to the rear of the site and on the opposite side of William Street. The building which houses the brothel can be viewed from the rear of the residential properties that adjoin the site at the rear. The notion that their site adjoins premises used as a brothel is offensive to these residents. Accordingly, it is considered that the proposed brothel is not in accordance with this planning principle.



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(e) Brothels should not adjoin, or be clearly visible from schools, educational

institutions for young people or places where children and adolescents regularly gather. This does not mean however, that brothels should be excluded from every street on which children may walk. Comment The brothel does not adjoin or is clearly visible from schools or educational institutions. The brothel however is located in close proximity to bus stops located on either side of William Street. These bus stops are frequented by children that attend the Clemton Park Public School. In this regard, it is considered that the proposed brothel is not in accordance with this planning principle.

(f) The relationship of brothels to places of worship (which are likely to attract

people who are offended by brothels) is a sensitive one. The existence of a brothel should not be clearly visible from places where worshippers regularly gather. Comment The brothel is visible from St Bernadette’s Catholic Church which is located at the corner of William Street and Bexley Road. Accordingly, it is considered that the proposed brothel is not in accordance with this planning principle.

(g) There is no need to exclude brothels from every bus stop on a public

transport route. However, it would not be appropriate to locate a brothel next to a bus stop regularly used by school buses. Comment As previously mentioned the subject site is on close proximity to bus stops located on either side of William Street. These bus stops are frequented by school children from Clemton Park Public School.

(h) Where a brothel is proposed in proximity to several others, it should be

considered in the context that a concentration is likely to change the character of the street or area. In some cases this may be consistent with the desired future character, in others not. Comment Council has previously investigated the unauthorised use of 210 Homer St as a brothel. Notwithstanding this, no development consent has been granted to use this site or others in William Street as a brothel.

(i) The access to brothels should be discreet and discourage clients gathering

or waiting in the street. Apart from areas where brothels, sex shops and strip clubs predominate, signage should be restricted to the address and telephone number.



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Comment The brothel is accessed from William Street. The entry does not encourage clients to gather or wait in the street. There is concern however about clients using the surrounding residential streets to park their vehicles. No signage is proposed for the use.

Public Interest

Based on the matters discussed in this report, and the objections received from neighbouring residents, the proposed development is not considered to be in the public interest.

Referrals Disability Access

The application was referred to the Disability Access Committee for comment. The Committee advised that no comment could be made on the application as the proposed use is located on the first floor and disabled access is not possible or can be reasonably required.

Notification The application was notified in accordance with the requirements of DCP 32 and six submissions objecting to the development were received. The issues raised in the submissions are as follows: The brothel is in close proximity to Clemton Park Public School

Comment The brothel is located approximately 276m from the Clemton Park Public School.

Residential yards adjoin the rear of the brothel

Comment The brothel adjoins residential zones at the rear of the site and on the opposite side of William Street. This does not comply with the locational requirements of Council’s DCP 23.

The location of the brothel will affect the reputation of Clemton Park /

Earlwood as a peaceful and family oriented area. There will be a decline in house prices. The brothel does not belong in a small retail/commercial area such as William Street, Clemton Park as it is surrounded by a church, residential houses, families and children Comment The assertion that there will be a decline in house prices for those dwellings in the vicinity of the brothel can not be substantiated. It is considered however, that the location of the brothel is not a compatible with the surrounding land uses as discussed previously in this report.



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The “unsavoury” characters attracted to the area will potentially create unwanted and unwelcome problems for local residents and their families. Residents have already been exposed to “shady” men pulling up in front of homes day and night. Police have also been through residents back yards after an armed robbery on the premises Comment There has been evidence to suggest that there has been criminal activity associated with the brothel. As discussed previously in the report, it is considered that the brothel is likely to adversely impact on the amenity of the surrounding area.

The residents of the nearby female age care service using the local shops will

be embarrassed when they pass the brothel. The area is frequented by children and the elderly that use the bus stops and the church across the road. The newsagency on the ground floor is frequented by children who use William Street as a direct route from school Comment The brothel is located in close proximity to land uses that are not considered to be compatible to the brothel. This includes residential development including an aged care facility for women which is located to the east of the subject site, a place of worship and bus stops.

Customers may knock on doors of adjoining developments which will alarm

residents Comment It is not known whether customers will mistake other sites for the brothel. This has happened in other locations. The subject site is numbered and the entry door is visible from William Street.

The rear entrance to the brothel has clear views of the rear residential

properties in Parker Ave. Neighbours are having health issues caused by the stress due to this proposal Comment The applicant has submitted that the rear entrance to the site which is located external to the building will be used by staff only and not customers. The fact that the subject site is visible from the adjoining residential developments (at the rear of the site) does not comply with the planning principles established by the Land and Environment Court for the location of brothels. The knowledge that a brothel is located to the rear of their site is disturbing to adjoining residents.



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The operation of the brothel at night will create issues of noise and privacy for the neighbours Comment As discussed in the report, it is considered likely that the brothel will adversely impact on the amenity of the adjoining developments in terms of vehicular generation and noise. This is particularly the case during the late hours of the night and the early morning as the brothel proposes to operate 10am to 2am seven days a week.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. The proposed development does not meet several requirements of the relevant development control plans in terms of its location to sensitive land uses, the number of rooms proposed and on site car parking. Due to these non compliances it is considered that the proposed development is likely to adversely impact the amenity of the surrounding area in terms of vehicular generation and noise. It is also considered that the proposed development does not meet the majority of planning principles established by the Land and Environment Court for the location of brothels. Accordingly, it is considered that the proposed development is not appropriately located and can not be supported.

RECOMMENDATION:

THAT Development Application DA-745/2008 be REFUSED for the following reasons: 1. The proposed development does not comply with the access and locational

requirements of Council’s Development Control Plan No 23 in terms of its location to residential zones, place of worship, bus stops, place frequented by children and number of rooms. In this regard the proposed development, pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, is unsatisfactory and incompatible with the surrounding area.

2. The proposed development does not comply with the on site car parking requirements of Council’s Development Control Plan No 20. In this regard, the proposed development, pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, is unsatisfactory and is likely to adversely impact on the amenity of adjoining and surrounding residential development in terms of vehicular generation and noise.

3. The proposed development is not in accordance with the planning principles established by the Land and Environment Court for the location of brothels.

4. Having regard to the previous reasons noted above and the number of submissions received by Council against the proposed development, pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest.


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4 23 HOPETOUN STREET, HURLSTONE PARK: ALTERATIONS, GROUND AND FIRST FLOOR ADDITIONS TO SINGLE STOREY HERITAGE DWELLING



Ward: EAST

D/A No: DA-680/2008

Applicant:

Owner:

Design Studio 407

Mr S Lucas and Ms K Goes

Zoning: Residential 2(a) under the Canterbury Local Environmental Plan 138- Canterbury Precinct

Application Date: 26 November 2008; additional information received 27 February 2009.

Summary:

It is proposed to carry out alterations and ground and first floor additions to a single dwelling house at the subject site.

The subject site is zoned Residential 2(a) under the provisions of the Canterbury Local Environmental Plan 138 – Canterbury Precinct (LEP 138). The proposed development is permissible subject to Council’s consent. The site forms part of a group of Federation style houses identified as a local heritage item under Schedule 1 of LEP 138, and has therefore been referred to IHAP for comment.

Our Heritage Adviser has reviewed the application and raises no objection. The proposal was notified in accordance with our Notification Policy and no

submissions were received. The proposal has been assessed against our relevant codes and policies and found

to generally comply with our requirements. The Director City Planning has recommended the application be approved subject

to conditions.


This report has no implications for the Budget. The assessment of the application supports our City Plan long term goal of Sustainable Urban Development.

Report:

Background On 13 September 2005 we issued Development Consent 938/2008 for the construction of an in-ground swimming pool at the rear of the subject property.


23 HOPETOUN STREET, HURLSTONE PARK: ALTERATIONS, GROUND AND FIRST FLOOR ADDITIONS TO SINGLE STOREY HERITAGE DWELLING (CONT.)

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Site Analysis The site is located on the eastern side of Hopetoun Street, near the intersection with Burnett Street, Hurlstone Park (see Figure 1). The site is regular in shape with a site width of 12.19m and length of 40.235m and a total site area of 490.4m2. The site falls towards the south west or front of the property. A single storey brick Federation style dwelling with swimming pool and shed at the rear occupies the site (see Figure 2). The subject property and the dwellings at 19, 25 and 27 Hopetoun Street form part of a group of Federation style houses identified as a local heritage item under Schedule 1 of LEP 138. Surrounding development includes single and two storey dwellings with pitched roofs.

Figure 1: Subject site

Figure 2: Existing dwelling

Proposal The proposal is seeking consent to demolish the existing skillion roofed rear wing and lean-to addition located at the rear of the dwelling that includes the bathroom, laundry, WC, kitchen and meal/living area and construct a new ground floor and first floor addition at the rear of the dwelling.



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The dwellings ground floor will comprise three bedrooms, a lounge room, living room, dining area, laundry, kitchen, bathroom and staircase. A potbelly stove will be located in the living room. The flue for this stove will extend along the southern elevation to the dwellings roof. The existing verandah located at the front of the dwelling will remain as existing. A new patio with pergola structure will be located off the rear of the dwelling which will be accessible from the living room/dining area. The first floor will include two bedrooms with built in wardrobes, a bathroom and a cupboard. A rainwater tank is also proposed, this will be located at the rear of the dwelling. The dwellings northern wall will be of brick veneer construction while the eastern, western and southern walls will be of timber construction. The addition will have a flat metal roof. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant: Canterbury Local Environmental Plan 138 – Canterbury Precinct State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) Development Control Plan No. 29 – Crime Prevention Through Environmental

Design Development Control Plan No. 37 – Energy Smart Homes Code Development Control Plan No. 49 – Single Dwelling Code Any demolition works requires specific consideration of the Australian Standards 2601 – 1991 Demolition of Structures as required by Clause 92 of the Environmental Planning and Assessment Regulation 2000. The Compliance table to AS2601-1991 is attached on file. Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: Canterbury Local Environmental Plan 138 – Canterbury Precinct

The site is zoned Residential 2(a) under the Canterbury Local Environmental Plan 138 – Canterbury Precinct. The proposal is seeking to demolish the skillion roofed rear wing and lean-to addition located at the rear of the dwelling and carryout out alterations and additions to the existing dwelling including a first floor addition which is permissible under the zone with consent. Before Council can grant consent to a development, Council must consider the objectives of the zone. In this regard, the objectives of the Residential 2(a) zone “is to achieve: (a) Residential development comprising single dwellings, dual occupancies

town houses and villa homes; and (b) development which will not detrimentally affect the residential character or

amenity of the area.”



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The proposal involves alterations and additions to an existing single dwelling house, which will continue to be used as a residence. It is considered that the proposed development will not detrimentally affect the residential character or the amenity of the area. Further, as the dwelling occupying the site is a listed as being part of a group of dwellings identified as a heritage item in Schedule 1 of LEP 138, consideration must be given to the proposals impact on the heritage significance of the subject dwelling and surrounding dwellings. In accordance with Clause 24 (2) of LEP 138, it is considered that the proposal will not result in a detrimental impact to the heritage value of the subject dwelling or surrounding dwellings. Further, given that the partial demolition of the dwelling will not affect the heritage significance of the subject dwelling or surrounding heritage listed dwellings, in accordance with Clause 26(4) if LEP 138, the NSW Heritage Office was not advised of the application.

SEPP 2004 - BASIX

BASIX Certificate A52485, dated 25 February 2009 accompanies this application. The commitments to be shown on the Development Application (DA) plans include an instantaneous gas hot water system, insulation and window and glazing commitments. The plans submitted on 27 February 2009 illustrate the above mentioned commitments made in the BASIX Certificate which are considered to meet the objectives of SEPP 2004.

Development Control Plan 29 – Crime Prevention Through Environmental

Design (DCP 29) The development has been assessed against the provisions of this DCP. As the development is a dwelling, the CPTED element of ownership is assumed due to the use of the building. The CPTED elements of natural surveillance and access points require special consideration and is summarised below- Requirements Proposal Complies Location of front door –visible to the street/ other properties

The location of the front door is visible to the street and other properties

Yes

Habitable rooms with windows to front street or adjacent to public areas

Habitable rooms with windows fronting the street

Yes

Visibility to street/ public areas - not obstructed by new/existing landscaping or fencing.

Visibility of dwelling will not be obstructed

Yes

Development Control Plan 37 – Energy Smart Homes Policy (DCP 37)

This DCP applies insofar as it aims to protect and maintain the solar access of immediately adjoining residential properties by ensuring it receives 2 hours sunlight between 9am and 3pm on June 21 to the various scenarios tabled below: Solar Access Requirement Proposed Complies To at least 50% or 35m2 (which includes a minimum dimension of 2.5m) of the adjoining property’s principal area of ground level private open space (POS), whichever is lesser.

At least 50% of the adjoining properties ground level POS will receive at least 2 hours sunlight between 9.00am and 3.00pm on 21 June.

Yes



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Solar Access Requirement Proposed Complies One living room window (of the adjoining property) is to receive 2 hours sunlight between 9am and 3pm on June 21.

One living room window of the adjoining property will receive at least two hours sunlight between 9.00am and 3.00pm on 21 June.

Yes

Outdoor clothes drying area of the adjoining property is to receive 2 hours sunlight between 9am and 3pm on June 21.

The outdoor clothes drying area of the adjoining property will receive at least 2 hours sunlight between 9.00am and 3.00pm on 21 June.

Yes

Development Control Plan 49 – Single Dwelling Code (DCP 49)

The development has been assessed against Council’s Single Unit Dwelling House Code, and is summarised in the table below: Requirements Numerical requirements Proposal Complies Streetscape Character Compatibility with existing scale,

rhythm of built elements, fenestration and building materials, street edge

The dwelling is compatible with the streetscape

Yes

Front building line Must be in line with predominant building line unless existing building line is staggered.

Ground floor: 5.5m to 7.5m Existing ground floor front setback to remain (4.5m)

Yes

First floor: 7.5m (unless there is an existing pattern of <7.5m for two storey components)

First Floor= 13.2m to front building line

Yes

Side setbacks for two storey dwelling

Ground floor: 900mm for sites <12.2m in width

Ground floor existing = 520mm; Ground floor proposed= 1m-2.33m

Yes

First floor: 1m for sites <12.2m in width

First floor = 1m-2.33m Yes

Min 450mm between eave/gutter and boundary

Minimum 1m Yes

Maximum Height (ground level to ceiling)

Maximum 7m and two storeys 6.8m and 2 storeys Yes

FSR FSR= 0.55:1 (Up to 600sqm) 0.38:1 Yes Car parking spaces 2 spaces behind building line No off-street parking No – see

comments General Design Requirements

- Duplicated stairs, kitchen and/or laundry facilities not permitted

- No duplication of stairs, kitchen or laundry facilities

Yes

- Side elevation design to include architectural breaks for satisfactory side elevation design.

- Side elevations satisfactory

Yes

- Air conditioning units to be shown on plans + potential impacts considered

- No air conditioning unit proposed

Yes



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Off-street parking is currently not provided at the site. The proposed development will similarly result in no off-street parking being provided at the site. Given that there are no opportunities to cater for off-street parking, and that the proposal does not attract any additional parking to be provided on site (i.e. existing requirements is 2 spaces, the required parking after alterations and additions remains 2 spaces), it is considered that this variation is acceptable.

Others Matters Heritage Advisor

The building is identified as a heritage item in Schedule 1 of Local Environmental Plan 138 – Canterbury Precinct. This building has been listed as part of a heritage item group comprising numbers 19, 23, 25 and 27 Hopetoun Street. Each of the buildings within this heritage group is an example of Federation style dwellings with a high level of architectural detailing than more common Federation style dwellings found throughout the local government area. These dwellings were constructed during the early 1900s.This group of houses is located along the eastern side of Hopetoun Street. The application was referred to our Heritage Advisor for comment who noted that the proposed development was acceptable. Due to an absence of detail regarding the existing chimneys and the proposed materials and finishes, it was requested that conditions relating to the retention of the three chimneys, the use of timber weatherboards for the first floor addition and the retention of the existing face brick walls along the side elevations up to a point vertically in line with the west elevation of the new addition are included in any consent issued.

Pot belly stove

The application is seeking consent for a pot belly stove. Consent for pot belly stoves must be sought under Section 68 of the Local Government Act 1993 rather than under Section 79C of the Environmental Planning and Assessment Act 1979. In this regard, consent for the pot belly stove cannot be granted under the current application. A condition detailing that that consent is not granted for the pot belly stove is included in the consent. It is also noted that should the applicant wish to install a pot belly stove at the premises, a separate application must be lodged with Council and consent for this element must be sought under Section 68 of the Local Government Act 1993.

Demolition

The development includes demolishing an existing building/ structure or part of, to accommodate the proposed development. The provisions of AS2601-1991 The Demolition of Structures have been considered as required by Clause 92 of the EPAR (Compliance Table to AS2601-1991 is attached on file). Standard conditions regarding demolition and the removal of asbestos material are included in the development consent.



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Alterations and additions/ extensions to a building The application was referred to our Building Surveyor for comment. It is considered that the proposal is satisfactory under Clause 94 of the Environmental Planning and Assessment Regulation 2000.

Acid Sulfate Soils

The subject site is a Class 5 Acid Sulfate Soil (ASS) potentially affected site. The scope of the works proposed are unlikely to result in the lowering of the watertable below 1m AHD on adjacent Class 1-4 Acid Sulfate Soil classified land. In this regard, an ASS management plan is not required for the site.

Health, Safety & Amenity Considerations during Construction Phase

During the construction of the development, the health and amenity of workers, the public and adjoining properties alike needs consideration under Section 79C of the EPAA. Accordingly, all works associated with the development will be restricted to daytime hours to ensure the works will not be a nuisance to adjoining occupiers and property owners (by way of standard condition).

Notification The development application was placed on notification for 14 days as required under Council’s Notification Policy (DCP 32). Submissions were not received in regard to the application. Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. The proposal is permissible in the zone with consent and generally compliant with the applicable Environmental Planning Instruments, codes and development controls. It is considered that the proposed development will not result in any detrimental impacts upon the heritage value of the existing building or the heritage value of adjoining properties. It is recommended that the application be approved subject to conditions.

RECOMMENDATION:

THAT Development Application DA 680/2008 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior

to the issuing of a Construction Certificate: 1.1. Details of:

Structural Engineering Plan Building Specifications Protection from termites Compliance with condition 6.1, 6.2, 6.3, 6.4 and 6.5

1.2. Evidence of an Owner Builder Permit (Class 1 & 10 buildings only); or Evidence of a Home Building (Private) Insurance Certificate.

1.3. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.



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1.4. Payment to Council of: Kerb and Gutter Damage Deposit $1200.00 Certificate Registration Fee $30.00 Long Service Levy $700.00

1.5. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $1015.00 Inspection Fee $540.00 Occupation Certificate Fee $105.00

Note 1: The Long Service Leave Levy is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 3: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 4: All fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT 2. Before the erection of any building in accordance with this Development Consent;

2.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and

2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

2.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who

has contracted to do or intends to do the work; or 2.4.2. The name and permit number of the owner-builder who intends to

do the work. INSURANCE 3. If it is intended to engage a builder or licensed contractor to do the work where it is

valued over $12,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency).

SITE SIGNAGE 4. A sign shall be erected at all times on your building site in a prominent position

stating the following: 4.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and



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4.2. The name of the person in charge of the work site and a telephone number at which that person may be contacted during and outside working hours, and

4.3. That unauthorised entry to the work site is prohibited. DEMOLITION 5. Demolition must be carried out in accordance with the following:

(a) Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales (Ph. 9370 5099 – Asbestos Hotline).

(c) Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.

(d) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(e) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(f) Burning of demolished building materials is prohibited. (g) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. (h) Soil and water management facilities must be installed and maintained

during demolition in accordance with Council's Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council's street gutter or road you may receive a $1500 on-the-spot fine.

(i) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(j) The capacity and effectiveness of soil and water management devices must be maintained at all times.

(k) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.

(l) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.



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(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the NSW Community LEAD Advisory Service on 9716 0132 or 1800 626086 (freecall).

(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.

(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

GENERAL 6. The development being carried out in accordance with the plans, specifications and

details noted in the table below, except where modified by conditions specified in this Notice, and the following specific conditions: Plan No. Prepared by Revision Date plan was

prepared Date received by Council

1115001 Design Studio 407 B 12 February 2009 27 February 2009 1115002 Design Studio 407 B 12 February 2009 27 February 2009 1115003 Design Studio 407 B 12 February 2009 27 February 2009 1115004 Design Studio 407 B 12 February 2009 27 February 2009 1115005 Design Studio 407 B 12 February 2009 27 February 2009 1115006 Design Studio 407 B 12 February 2009 27 February 2009 1115007 Design Studio 407 B 12 February 2009 27 February 2009 1115008 Design Studio 407 B 12 February 2009 27 February 2009 1115009 Design Studio 407 B 12 February 2009 27 February 2009 1115010 Design Studio 407 B 12 February 2009 27 February 2009 1115022 Design Studio 407 B 12 February 2009 27 February 2009 1115023 Design Studio 407 B 12 February 2009 27 February 2009

6.1 The Construction Certificate Plans are to show the three existing chimneys being retained.

6.2 The Construction Certificate Plans are to show timber weatherboards being used as the external wall cladding to the first floor level of the addition.

6.3 The Construction Certificate Plans are to show the existing face brick finish to the side elevation of the dwelling being retained up to a point vertically in line with the west elevation of the new addition.

6.4 The Construction Certificate Plans are to show the rainwater tank having a maximum diameter of 1.5m, a maximum height of 1.8m and a maximum capacity of 3000L.

6.5 This Development Consent does not relate to the installation of a pot belly stove at the site. A separate application must be lodged with Council and consent must be sought under Section 68 of the Local Government Act 1993 for the pot belly stove. The Construction Certificate Plans are to show the deletion of this element.



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7. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, fences, windows and doors being in accordance with the drawings numbered 1115008 and 1115010, dated 12 February 2009, prepared by Design Studio 407 and received on 27 February 2009 and the Schedule of Finishes received on 26 November 2008. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

8. Where walls are removed or modified, adjoining surfaces being made good, all to match existing.

9. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

10. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00a.m.-5.00p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

11. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.

12. All new balustrades and barriers to be minimum 1m in height from finished floor level and must not allow a sphere of 125mm diameter to pass through them.

13. Renewal or provision of fencing, attributable to the proposed development being the responsibility of the developer.

14. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

15. All building construction work must comply with the Building Code of Australia. 16. External brickwork or construction matching as closely as possible the existing

external walls of the building. 17. The sanitary and stairwell windows being translucent glass. 18. The construction site must have soil and water management controls implemented

as described in Specifications S1 and S2 of Council’s Stormwater Management Manual.

19. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

20. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

21. The building not being used at any future time other than for the purposes of a single dwelling-house.

22. The proposed structure being erected so as to stand wholly within the boundaries of the allotment.

23. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

24. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to the pouring of concrete at ground floor slab level indicating the finished floor level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.



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25. Erection of a hoarding/fence or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.

26. Where excavation is proposed adjacent to existing dwellings or a vacant property, the works shall be carried out in accordance with Part 3.1.1-Earthworks BCA and, the person/company responsible for doing the excavation shall give 7 days notice of intention to carry out the excavation works to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work. (An allotment of land also includes a public road and any other public place.)

27. Where erection or demolition of a building involves the closure of a public place, or where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the premises is to be provided with a hoarding and or sufficient awning to be erected to prevent any substance from, or in connection with the work falling onto the public place. The site is also to be kept illuminated between sunset and sunrise where it is likely to be dangerous for people using the public place.


29. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

30. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

31. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

32. All disturbed areas must be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

33. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."



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LANDSCAPING 34. The existing street tree, Callistemon viminalis (common name Weeping

bottlebrush), growing on the nature strip in front of the property must be retained and protected during construction. A suitable 2 x 2 metre protective barrier must be erected around the tree’s trunk prior to construction. This barrier must be well maintained during construction. No building material or construction activity shall be allowed to encroach within this tree protection zone.

ENGINEERING 35. All downpipes, pits and drainage pipes shall be connected to the existing system in

accordance with Council’s Stormwater Management Manual – Specification 9 and AS/NZS3500.3.

36. An on-site stormwater detention system OSD must be provided if the post-development impervious area is greater than or equal to 70% of the total site area.

37. Where OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s Stormwater Management Manual – Specification 9.

38. Where OSD is required, Works-as-Executed plan must be submitted at the completion of the work to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

39. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

SYDNEY WATER REQUIREMENTS 40. The approved plans shall be submitted to the appropriate Sydney Water Quick

Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Your Business, then Building & Developing, then Building & Renovating, or telephone 13 20 92.

CRITICAL INSPECTIONS 41. Class 1 and 10 Buildings

The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 41.1. at the commencement of the building work, and 41.2. after excavation for, and prior to the placement of any footings, and 41.3. prior to paving any in-situ reinforced concrete building element, and 41.4. prior to covering of the framework for any floor, wall, roof or other

building element, and



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41.5. prior to covering waterproofing in any wet areas, and 41.6. prior to covering any stormwater drainage connections, and 41.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 42. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT 43. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal

Certifying Authority before partial/entire occupation of the development. WE ALSO ADVISE 44. This application has been assessed in accordance with the Building Code of

Australia. 45. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following: Structural engineering work Protection from termites Smoke alarms Glazing Wet area waterproofing

46. Your attention is directed to the following construction requirements of the Building Code of Australia: 46.1. Termite risk management complying with Part 3.1.3 BCA Vol 2;

comprising: (a) a termite barrier or combination of barriers installed in accordance

with: (i) AS 3660.1:or (ii) Part 3.1.3.3 of the BCA for concrete slabs on ground; or (iii) Part 3.1.3.4 of the BCA for suspended floors

(b) installation of a durable notice permanently fixed to the building in a prominent location (such as a meter box or the like) indicating: (i) the method of termite risk management: and (ii) the date of installation of the system; and (iii) where a chemical barrier is used its life expectancy as listed on

the National Authority label; and (iv) the installers or manufacturers recommendations for future

inspections. 46.2. The design/construction of the structure complying with Part 3.2 and 3.11

BCA Vol.2. Submit structural engineering details to the Principal Certifying Authority with the Construction Certificate application, for any concrete footings, slabs, swimming pools, retaining walls, or structural steel prior to work reaching each respective stage. The details must be prepared by a qualified practicing structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate.



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46.3. Masonry construction complying with Part 3.3 BCA Vol.2. 46.4. Timber framing construction complying with Part 3.4.3 BCA Vol.2,

inclusive of requirements for member sizes, spaces, bracing, spans, locations and stress grades. Where roof trusses are to be used, provide full details of same to the Principal Certifying Authority before erection of the roof frame, including bracing details.

46.5. Installation of an automatic smoke detection and alarm system in the Class 1a building complying with Part 3.7.2.2 BCA Vol.2, including smoke alarms: (a) installed in on or near the ceiling in:

(i) any storey containing bedrooms: - between each part of the dwelling containing bedrooms and

the remainder of the dwelling, and - where bedrooms are served by a hallway, in that hallway;

and (ii) any other storey not containing bedrooms, and

(b) complying with AS 3786 (c) connected to the consumer mains power supply where consumer

power is supplied to the building. (d) provide the Principal Certifying Authority upon completion of work

with a certificate from an electrician certifying compliance with this condition.

46.6. Waterproofing of wet areas including bathrooms, showers, laundries, sanitary compartments and the like complying with Part 3.8.1 BCA Vol.2 and Australian Standard 3740.

46.7. Timber framework complying with all relevant provisions of Australian Standard 1684-Parts 2 & 4 inclusive of requirements for timber member sizes, spaces, bracing, spans, locations and stress grades. Where roof trusses are to be used, full details of same must be provided to Council before erection of the roof frame.

46.8. Balustrades/barriers complying with Part 3.9.2 BCA Vol.2, and not allowing a sphere 125mm diameter to pass through them.

46.9. Stair construction complying with Part 3.9.1 BCA Vol.2, including geometry and construction requirements.

46.10. Drainage complying with Part 3.1.2 BCA Vol.2, and AS/NZS 3500, including: (a) roofwater connected to the street gutter by means of an approved pipe

system (b) roofwater connected to the existing stormwater drainage system (c) roofwater connected to an approved absorption system (d) stormwater connected to an approved sump and pump to the street

gutter (e) seepage drainage connected to retained/excavated areas (f) internal floor levels a minimum of:

(i) 150mm above natural ground level, or (ii) 100mm above sandy well drained areas, or (iii) 50mm above paved or concreted areas sloping away from the

building. Details to be submitted with the Construction Certificate application.



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46.11. Footing and slab preparation, steelwork, concrete and construction complying with Part 3.2 and 3.11 BCA Vol.2.

46.12. Install a continuous waterproof membrane to any slab construction for a habitable building between the concrete slab construction and ground surface to Clause 3.2.2.6 BCA Vol.2.

46.13. The first floor joists being inspected prior to the flooring material being placed in position.

46.14. Gutters and downpipes complying with Part 3.5.2 BCA Vol.2. 46.15. Wall cladding complying with Part 3.5.3 BCA Vol.2. 46.16. Glazing complying with Part 3.6 BCA Vol.2. 46.17. Sarking materials used in the roof of the Class 1 building must have a

flammability index of not more than 5 complying with Clause 3.7.1.9 BCA Vol.2, and be suitable for weatherproofing.

47. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

48. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

49. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

50. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

51. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

52. If you are not satisfied with this determination, you may: 52.1. Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made and determined within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

52.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you should require any further information, please do not hesitate to contact Kate Mirow in City Planning, on 9789 9512 Monday to Friday.


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