Application number DA-134/2014

Site address 31 Cuthbert Street, Queens Park

Proposal Significant demolition works to the existing dwelling and construction of a part 2 and part 3 storey dwelling with basement/lower ground level, swimming pool and garage at the rear laneway.

Date of lodgement 7 April 2014 (original proposal)

14 November 2014 (Amended proposal submitted)

Owner Mr S J Braithwaite and Mrs D Braithwaite

Applicant ASA Architects Pty Ltd

Submissions Eleven

Cost of works $645,000

Issues Height, FSR, Excavation, Tree Removal, setbacks, rear access

Recommendation That the application be granted Deferred Commencement Consent

Site Plan

1. PREAMBLE

1.1 SITE AND SURROUNDING LOCALITY The site is identified as Lot 11, Section 17 in DP 4600, known as 31 Cuthbert Street, Queens Park. The site is rectangular in shape with a north frontage to Cuthbert Street, east side boundary to Blenheim Lane pedestrian way, south rear boundary to an unformed laneway (Kingsley Lane) and west side boundary to 29 Cuthbert Street. The site has an area of 467.9m2 and falls from the front of the site (Cuthbert Street) towards rear boundary by approximately 3.5 metres. The site is occupied by a single storey dwelling with a lower ground floor level with a carport with no formal vehicular access at the rear of the site. The subject site is surrounded by a variety of residential buildings including semi-detached dwellings, detached dwellings, terrace dwellings and multi dwelling housing developments. The site is located in the Queens Park Urban Heritage Conservation Area and the street is nominated as a Landscape Heritage Conservation Area.

Figure 1: Aerial imagery of the site viewed from the south.

Figure 2: The existing dwelling as viewed from

Cuthbert Street. Figure 3: Rear lane (unformed).

Figure 4: Cuthbert Street streetscape

1.2 Relevant History

DA-134/2014 – Deferred on 16 July 2014. The application was deferred for additional information and requesting amendments to maintain cohesion with the Queens Park Conservation Area. Following consultation with Council’s Heritage Architect, amended plans were submitted to Council on 15 November 2014. The amended plans are the subject of this assessment report.

1.3 Proposal

The proposal provides for the substantial demolition of the existing dwelling and construction of a new part two, part three storey dwelling with basement/lower ground level, swimming pool and new garage to the rear laneway. A photo montage of the proposal is at figure 5 and the proposed works are summarised below;

Basement/Lower ground floor

Storage room, wine cellar, pool en-suite, laundry and rumpus room.

Ground floor

Sitting room and bedroom located at front of dwelling; and

Open plan kitchen, dining and lounge room at the rear of the ground floor with timber deck at the rear of the elevated ground floor.

First floor

Three bedrooms, en-suite, bathroom and void over the ground level.

Garage

Single garage, store room, bin store.

Landscaping and ancillary works

Construction of a swimming pool located in the rear yard of the site;

Excavation providing for subfloor areas comprising of water tanks;

Front fencing to the Cuthbert Street frontage; and

Tree removal

Figure 5: Photomontage of proposed dwelling as viewed from Cuthbert Street.

2. ASSESSMENT

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

2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.1.1 SEPP (Building Sustainability Index – BASIX) 2004 A BASIX Certificate has been submitted with the development application. The BASIX Certificate lists measures to satisfy BASIX requirements which have been incorporated into the proposal. A standard condition is recommended ensuring the measures detailed in the BASIX Certificate are implemented.

2.1.2 SEPP 55 Remediation of Land There is no known history of contamination applicable to the site. The subject site has historically been used for residential purposes. Accordingly, site land contamination is considered unlikely and no further investigation is necessary.

2.1.3 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below: Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment

Part 1 Preliminary

1.2 Aims of plan

Yes The proposal is consistent with the aims of plan.

Provision Compliance Comment

Part 2 Permitted or prohibited development

Land Use Table Yes

The site is zoned R2 Low Density Residential, the proposal is permissible and addresses the objectives of the zone.

Part 4 Principal development standards

4.3 Height of buildings

8.5m No

The proposed dwelling has a noncompliant maximum height to 10m (at the rear southern elevation). Recommendations have been made to reduce the height. See discussion section below.

4.4 Floor space ratio and 4.4A Exceptions to floor space

ratio

0.59:1 (275.53m²)

No

The proposal has a noncompliant FSR of 0.72:1 (GFA 341m²), which is 23% over the maximum control. See discussion section below.

4.6 Exceptions to development standards

Yes

The applicant has submitted clause 4.6 Exception to development standards for the height and FSR breaches. A full assessment of these variations is in the Issues section below.

Part 5 Miscellaneous provisions

5.9 Preservation of trees or vegetation

Yes (subject to conditions)

The proposal results in the removal of trees and vegetation from the subject site and will have impacts on trees and vegetation on the neighbouring site at 29 Cuthbert Street. For a full discussion of these matters see the discussion section below this table.

5.10 Heritage conservation

Yes (subject to conditions)

The subject site is located in the Queens Park Heritage (C14) Conservation Area. The application has been referred to Council’s Heritage Advisor how indicates that the proposal is acceptable on merit and support with regards to clause 5.10, subject to imposing relevant conditions of consent. For further comments relating to heritage conservation see discussions below.

Part 6 Additional Local Provisions

6.2 Earthworks Yes

Consent is sought for excavation. Conditions are recommended to reduce the area of excavation and for geotechnical report and construction details to ensure the stability of the site. See the Issues section below.

2.1.4 Waverley Development Control Plan 2012 - Amendment No 2 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below:

Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment

1. Waste

Yes

The application is accompanied by a SWRMP and the proposal generally complies with all relevant objectives and controls relating to waste removal and management.

2. Energy and water conservation

Yes

The application is considered to address the energy and water conservation objectives and controls in Part B of the WDCP 2012 and the application is accompanied by a BASIX Certificate.

5. Tree preservation Yes

(subject to conditions)

The application has been considered with regards to Part B5 Tree Preservation in WDCP 2012 and the application is supported subject to conditions of consent which is discussed further in this report.

6. Stormwater

Yes Standard conditions of consent regarding stormwater management are recommended.

8. Transport

Yes

The proposed garage located at the rear of the site and generally complies with all objectives, strategies and controls in Part B8 Transport in the WDCP 2012. The proposal however is not supported by Council’s Technical Services Department due to unresolved issues regarding the unformed Lane to the rear.

9. Heritage

Yes

The application has been referred to Councils Heritage Architect who supports the proposal subject to conditions of consent. The recommended conditions of consent are detailed in Appendix A.

Table 3: Waverley DCP 2012 – Part C1 Dwelling House and Dual Occupancy Development

Compliance Table

Development Control Compliance Comment

1.1 Height

1.1.1 Flat roof dwelling house

Maximum overall building height of 7.5m

No The proposal exceeds the 7.5m height limit for flat roof dwellings at the rear of the site. See the Issues section of this report for discussion.

1.2 Excavation

Minimum setback of 0.9m from side boundaries

Yes (subject to conditions)

Excavation is proposed within 900mm of the western boundary contrary to the DCP. Conditions are recommended to address this matter.

1.4 Setbacks

1.4.1 Front and rear building lines

Predominant front building line

Yes (on merit)

The proposal is in alignment with the existing dwelling, apart from the first floor balcony slightly overhanging the front building line. This is considered minor and accepted on merit.

Development Control Compliance Comment

Predominant rear building line at each floor level

The proposed lower ground, ground and first floor rear building lines are generally consistent with the predominate rear building lines in the locality. However, it is recommended to increase the rear building line of the first floor addition to reduce the bulk and scale of the building. This matter is discussed further in the issues section below.

1.4.2 Side setbacks

Minimum of 0.9m, 1.2m and 1.5m

No The proposal has a nil setback to the eastern bundary and less than 900mm to part of the western boundary. See Issues section Side setbacks following this table.

1.5 Streetscape and visual impact

Yes Councils Heritage Architect supports the proposal, subject to conditions of consent. Accordingly the amended proposal is acceptable on streetscape grounds.

1.6 Fences

Front:

Maximum height of 1.2m

Solid section no more than 0.6m high

Side and Rear:

Maximum height of 1.8m

Yes See discussion section Fences (front and side) following this table.

1.7 Visual and acoustic privacy

Maximum size of balconies:

10m2 in area

1.5m deep

Yes (on merit)

See discussion section visual and acoustic privacy following this table.

1.8 Solar access

Minimum of three hours of sunlight to minimum of 50% of living areas and principal open space areas on 21 June

Minimum of three hours of sunlight maintained to minimum of 50% of living areas and principal open space areas of adjoining properties on 21 June

Yes The amended shadow diagrams demonstrate that the proposed building will result in overshadowing on surrounding residential allotments and the public domain (Blenheim Lane). The overshadowing impacts are reduced by the north-south orientation of the building which provides for a fast moving shadow that is unlikely to unreasonably impact or linger over an individual allotment or the public domain. While the proposed building breaches the numeric height and FSR controls, the recommended deferred commencement matters will reduce the overall maximum height and building envelope resulting in a reduction to solar access and overshadowing impacts on surrounding buildings, private open space and the public domain. The proposed overshadowing impacts are not envisaged to restrict solar access to less than the 3 hours required under control. Accordingly, the proposed solar access and overshadowing

Development Control Compliance Comment

impacts are considered reasonable.

1.9 Views

Yes One submission has been received regarding loss of view. This matter is discussed in the Issues section following this table.

1.10 Car parking

1.10.1 Parking rates Maximum rates: 2 spaces

Yes The proposed garage comprises of 1 car space which complies with the parking rates.

1.10.2 Location

Yes The proposed garage is located at the rear site at a rear laneway in accordance with the controls, however Council’s Technical Services department have various issues associated with obtaining vehicular access along the unmade section of Kingsley Lane. This aspect of the proposal is therefore not supported for technical reasons.

1.10.3 Design Yes The proposed garage design is considered to complement the style, massing and detailing of the proposed dwelling.

1.10.4 Dimensions

Yes The proposed garage dimensions comply with the prescribed dimensions of 5.4m x 2.4m per vehicle

1.10.5 Driveways

Yes The proposed garage provides for 1 driveway crossing to the subject site and does not result in a loss of on street parking.

1.11 Landscaping and open space

Overall open space: 40% of site area

Overall landscaped area: 15% of site area

Minimum area of 25m2 for private open space

Front open space: 50% of front building setback area and 50% of that to be landscaped

Yes (subject to

conditions of consent)

50% of the site area is open space (subject to deletion of garage). 20% of the site area is landscaped area. More than 25m2 is private open space. 15% of land in the front setback is open space. 15% of land in the front setback is landscaping. A deferred commencement matter is included which requiring landscaping to be embellished at the front of the site to the satisfaction of Council Heritage Architect.

1.12 Swimming pools and spa pools

Located in the rear of property

Yes

The proposed pool is located in the rear yard and elevated above the existing ground level by 1m at a point, however this is due to the slope of the land and will not impact the privacy of the adjoining property. The pool complies in this regard.

ISSUES Height of buildings

The proposal has a noncompliant height of 10 metres (measured at the rear, southern elevation of the property) which breaches the LEP height control (Clause 4.3) of 8.5 metres by 1.5 metres or approximately 18%. The proposal also breaches the 7.5m DCP height control for flat roof dwellings. The application is accompanied by a clause 4.6 Exception to a development standard which seeks to justify the FSR non-compliance for reasons which are summarised below:

The building is below the height limit to the north and west façades that address the public domain and also faces the western adjoining neighbour (the only adjacent neighbour to the site).

The location of the additions at the rear of the property ensures that the additional building height is not discernible from the street.

The height of the building at the rear does not impact on the rear neighbours across from Kingsley Lane, who are located down within an old rock quarry or natural escarpment, and cannot view or perceive the subject site.

The building is concealed from the public view by extensive mature trees and landscaping and by the restrictions of the local topography, you cannot get a clear vista of the dwelling.

The dramatic drops and falls in the landscape preclude any distant view of the rear of the house.

The proposal does not impact on view corridors from Cuthbert Street.

The height and scale of development does not result in unreasonable overshadowing of neighbouring and nearby properties, or overshadowing of public places.

Clerestorey windows are provided to provide environmentally sustainable features to the house. The dwelling complies with the height limit when viewed from the street, standing at 7m. The non compliant height occurs at the rear of the dwelling, as a result of the significant fall across the site and is worst at the eastern elevation which adjoins Blenheim Lane and from the rear elevation to the south. While much of the height noncompliance can be attributed to the fall across the site, the following building design elements contribute to an excessive building scale:

3 metre floor to ceiling heights for the basement (store, wine cellar, bathroom and laundry) which includes the provision of 900mm highlight windows on the eastern elevation located above the sandstone;

Raising the height of the finished floor level of the front the ground floor from RL 74.09 (detailed on survey) to RL 74.500; and

The proposed clerestory roof lights or skylights. To overcome these matters, and to reduce the building scale to an appropriate form the following amendments are recommended that; (a) The proposed ground floor is to be the same level as the existing ground floor RL 74.09, and the

overall height of the building is to be reduced accordingly to RL 80.64; (b) No further excavation for the lower ground/basement level is permitted. (c) The clerestory roof lights/skylights that protrude above the main roof of the dwelling are to be

deleted, or replaced with flush skylights. With the above amendments, the proposed maximum building height will be reduced to 9.6 metres at the highest point, which is 1.1m over the LEP height limit (13% breach). This reduction will reduce the visual bulk of the building when viewed from the rear of the dwelling and from the Blenheim Lane to the east (public domain) and provide an appropriately scaled replacement dwelling in the Conservation Area. Whilst the proposal breaches the height control in the LEP and flat roof control in the DCP, it is considered that the proposal (as recommended to be amended) successfully addresses Clause 4.6 of the LEP and will not contravene the objectives of the development standard in the LEP, the objectives

of the DCP control, or the objectives of the zone. The variation as proposed to be amended is therefore supported in the circumstances of this case. Floor space ratio The proposal has an overall floor space ratio of 0.72:1 (GFA 341m²), which exceeds the floor space ratio development standard of 0.59:1 prescribed under clause 4.4A of Waverley LEP 2012 by 65.47m2 in gross floor area or approximately 23%. A written request pursuant to clause 4.6 of Waverley LEP 2012 has been made, seeking to vary the development standard. The justification presented in the written request is summarised as follows:

The building generally complies with the height controls for the site, streetscape controls and also the front and rear setback controls;

The additional FSR will not unreasonably impact on the amenity of neighbouring residential allotments; and

The proposed FSR is consistent with the FSR approved on surrounding sites and the proposal complies with the numeric landscaping controls for the site.

While the proposed development substantially breaches the numeric FSR control for the site, the FSR itself is not considered to constitute an overdevelopment of the site as the lower ground floor/basement comprises of approximately 83m2 and is primarily concealed by the existing sandstone boundary wall and primarily below natural ground level. While the additions to the lower ground/basement and ground floors are considered reasonable and supported, the proposed extent of the first floor addition is considered excessive and is exacerbated by the large void over the ground floor (kitchen and dining rooms). Specifically when viewed from the rear and Blenheim Lane, the dwelling will have unnecessary excessive bulk, to the detriment of the area. Accordingly, to reduce the visual bulk of the dwelling when viewed from the rear and side laneway, it is recommended that the first floor rear building setback to be increased by 3.5 metres, achieved by pushing the master bedroom back into the building and reducing the internal length of the void to a maximum of 4 metres. The area between the ground and first floor rear building lines is to be amended to flat metal roofing in keeping with the design and materiality of the building. This recommendation is included as condition of the deferred commencement matters. Whilst this amendment does not reduce the FSR of the building (as the void is not calculable floor space), it does reduce the visual bulk of the first floor and makes the FSR noncompliance more reasonable, reducing the amenity impacts (shadowing and views across the site to the gully) on the adjoining residential allotments and the laneway. The proposal addresses Clause 4.6 of the LEP and will not contravene the objectives of the development standard in the LEP, or the objectives of the zone. The variation is therefore supported on merit. Tree Removal and Protection The provisions of Clause 5.9 of the LEP seek to preserve the amenity of an area, including biodiversity values through the preservation of trees and other vegetation.

The application proposes the removal of a number of trees and vegetation from the site, and the proposed earthworks (excavation) are likely to impact on trees and vegetation on Blenheim Lane to the east and the trees on the neighbouring property to the west at 29 Cuthbert Street. The proposal was referred to Council’s Tree Management Officer to consider the impact on the following trees and vegetation:

Trees and vegetation within the front and rear yards of 31 Cuthbert Street (subject site);

Trees and vegetation within the front yard, side setback and rear yard of 29 Cuthbert Street (neighbouring residential allotment to the west); and

Trees and vegetation in the Blenheim Lane (the public domain) Councils Tree Management Officer provided the following comments relating to the removal and impact on trees and vegetation identified above.

On inspection it was noted that one large Phoenix canariensis tree on the nature strip along the Eastern boundary at Blenheim Lane and One Grevillea robusta located on the Council laneway (Kingsley Lane) located at the rear of the site.

One Tibouchina on the boundary line between the properties of 29 & 31 Cuthbert Street plus other various tree species will be impacted on by the proposed development. To assess this application and the impact on trees a detailed Arboricultural Impact Assessment plus root mapping is required assessing the Tibouchina and other various species along the boundary of 29 & 31 Cuthbert St. The report is to be prepared by a qualified consultant Arborist (AQF Level 5) to the requirements as stated in Appendix 2.2 of Council’s Tree Management Policy 2013 and must include root mapping of all trees.

In addition to the above, the removal or work to the trees on the neighbouring property at 29 Cuthbert Street will require that owner’s consent (which has not been granted to date). In light of the above comments, discussions were held with Councils Tree Management Officer and it was indicated that if the proposed excavation works (sub floor, water tanks and stairs) parallel to the west side boundary with 29 Cuthbert Street are not approved/deleted and natural ground level is generally maintained then no unreasonable impacts are envisaged for trees and vegetation on the neighbouring site at 29 Cuthbert Street. Therefore, it is recommended that the excavation associated with the sub floor area, water tanks and access stairs is to be deleted and existing natural ground levels are to remain generally unchanged (to preserve the trees and vegetation at 29 Cuthbert Street). This recommendation is included as deferred commencement matter in Appendix A of this report. Heritage conservation The application has been assessed by Council’s Heritage Architect and Planning Advisor who has provided guidance to the applicant during the assessment process. Initially, the applicant proposed significant alterations and additions to the existing dwelling which were unsympathetic and overwhelmed the principal dwelling detracting from the conservation area. Council’s Heritage Architect noted that the existing deteriorated building is considered to be visually isolated from related structures constructed in the 1920’s in the former Blenheim Gully quarry site and the current structure sits adjacent to earlier residences which form a consistent row of similar form and scale. Therefore a contemporary infill development could be considered on this site. It was noted by Council’s Heritage Architect that;

Ongoing discussions with the applicant have provided an amended design which is considered to provide a cohesive contemporary infill, subject to inclusion of the screen planting shown on the applicant’s montage serving to soften the interface of this and the adjacent residence seen from the street.

To satisfy the recommendations of Councils Heritage Architect a deferred commencement matter is recommended requiring the clarification and details of the landscaping at the front of the site, amendment to the height of the front fence and clarification of materials and finishes on the plans. Earthworks The objective of clause 6.2 of the LEP is to ensure that earthworks and excavation as part of the development do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. The proposed excavation associated with the construction of the dwelling and swimming pool are detailed below:

Excavation 450mm to the depth of the lower ground/basement mostly within the existing building footprint finished floor level of the lowed from existing RL 71.550 to 71.100;

Excavation within the west side boundary of the site providing for sub floor, water tanks and access stairs; and

Excavation and demolition of an existing sand stone outcrop in the rear garden (possibly a retaining wall) for the construction of an above ground swimming pool along the west boundary of the site.

As discussed above in the consideration of tree removal, the proposed excavation alongside the west side boundary is likely to have a detrimental impact on the trees on the adjoining property at 29 Cuthbert Street. Without the permission of that adjoining property owner, nor an arboriculture impact statement, the excavation works to the sub floor, water tanks and access stairs is not supported and is deleted by deferred commencement matter. The lower ground/basement level is proposed to have additional excavation of 450mm. This is generally within the building footprint and subject to imposing all relevant excavation and dilapidation report conditions is acceptable. Furthermore it is also proposed to remove the sandstone outcrop (which may be a retaining wall) along the west boundary of the site which is supported subject to providing appropriate geotechnical engineering reports to ensure the stability of the site prior to commencement of works. Setbacks – Side Clauses 1.4 and 1.4.2 of part C1 of the DCP detail all side setback objectives and controls for detached dwellings. The side setback controls for a three storey detached dwelling is 1500mm. To the eastern side boundary, the dwelling is proposed with a nil setback, where the DCP requires a 1500mm setback. The non compliant nil east side boundary setbacks are supported as the building is a continuation of the existing nil side setback and is unlikely to result in unreasonable solar access or visual and acoustic privacy, as the site abuts a Blenheim (pedestrian) Lane. Accordingly, the noncompliant nil east side boundary setbacks are considered reasonable in the circumstances of this case. The majority of the additions on the west side complies with the 1500mm side boundary setback. The non compliant component is the ground floor portion of the dwelling at the front which follows the existing setback of the dwelling (less than 900mm). Given that this is the existing footprint and the first floor additions are setback more than 900mm, this non compliance for a small portion of the western side of the building is acceptable.

Visual and acoustic privacy The majority of large windows to the dwelling are located in the buildings north, east and south elevations orientated toward the front and rear boundaries of the site or towards Blenheim Lane. Accordingly the proposed windows are unlikely to result in unreasonable visual or acoustic privacy impacts on surrounding residential allotments. The proposed windows to the west side elevation facing 29 Cuthbert Street are generally of domestic scale or provide angled louvre screens which will protect the visual privacy of both properties. The proposed elevated ground floor rear deck exceeds the maximum depth and area controls in clause 1.7 visual and acoustic privacy of Part C1. This deck appears to be the primary entertaining area of the deck, and is located more so towards the east side boundary where the site adjoins Blenheim Lane, rather than towards the adjoining dwelling to the west. However, a privacy screen of 1.6m is recommended to be erected on the western side of the ground floor deck to prevent overlooking to that property. Furthermore the proposed deck is a similar size to those within the locality. Views Clause 1.9 in Part C1 of the WDCP 2012 details objectives and controls for view and view sharing. One public submission was received during notification indicating that the proposal will impact on existing views. An assessment of the proposal against the provisions of clause 1.9 in Part C1 of the WDCP 2012 and the NSWLEC principles of view sharing is undertaken below. The objectors dwelling 29 Cuthbert Street (adjoining property to the west of the site) has district views of a gully, which are obtained from the east side facing windows and rear balcony to the dwelling. The views affected are partially obstructed by existing buildings and vegetation, but are obtained from living room windows a rear elevated deck. The views are not considered significant or iconic (ocean, harbour of city skyline), but rather a pleasant outlook of the gully beyond. The outlook will be obstructed by the proposal, but the view is across the side boundary of the site which is inherently difficult to retain (according to the NSW LEC planning principle). However, the rear building line of the first floor has been recommended to be increased to reduce the visual bulk of the building, which will improve this outlook for the neighbour. Overall it is considered that the proposal is acceptable with regards to view sharing.

2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is considered to be suitable for the proposed development.

2.4 Section 79C(1)(d) – Any Submissions The amended application was notified in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development eleven submissions were received. The issues raised in the submissions are summarised and discussed below.

Issue: Excessive height and FSR. Response: This matter has been discussed previously in this report and is satisfactory. Conditions of consent are recommended to reduce the visual bulk and scale of the building to an acceptable level. Issue: Proposed building out of context with heritage conservation area and streetscape. Response: This matter has been discussed previously in this report and is satisfactory. Council’s Heritage Architect has reviewed the application and is satisfied with the impact on the Heritage Conservation Area. Issue: Request WDAP inspect 29 Cuthbert Street during site inspection. Response: The objector has been advised to register this request as per the WDAP procedure. Issue: Loss of significant views (sky and gully) from proposed dwelling. Response: This matter has been considered and discussed within the body of this report. The rear building setback it recommended to be increased which will improve the outlook from the objectors property. However this matter is not considered a sufficient reason for refusal of the application. Issue: Privacy impacts from elevated external deck and windows. Response: This matter has been considered and discussed in the body of this report and recommendations made as conditions of consent. Issue: Impact on trees and vegetation at 29 Cuthbert Street. Response: This matter has been considered and discussed in the body of this report. Restrictions have been recommended on excavation to protect the trees on the objector’s property. This matter is considered to be resolved by this condition. Issue: Impacts on sandstone retaining wall at rear of 29 Cuthbert Street. Response: Standard conditions of consent have been recommended regarding excavation, including the requirement for geotechnical engineers reports and construction details of retaining works. Issue: Request that a condition of consent be imposed requiring a dilapidation report of 29 Cuthbert Street be undertaken prior to demolition and construction works. Response: A condition of consent is imposed requiring a dilapidation report of 29 Cuthbert Street. Issue: Incorrect information in plans and supporting documentation. Response: The submitted drawings are sufficient to undertake an assessment of the application. Additional information has been requested where required. Issue: Overshadowing impacts from dwelling.

Response: This matter has been discussed previously in this report and is satisfactory. Issue: Potential impacts on sandstone wall from construction vehicles and proposed new garage. Response: The works to the rear of the property and laneway have not been supported in this application. A construction vehicle management plan is recommended as a condition of consent. Any damage to sandstone walls on other properties or Council’s land will be required to be repaired.

2.5 Section 79C(1)(e) – Public Interest It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

3.1 Shaping Waverley (Heritage Architect) The application was referred to Councils Heritage Architect for comments relating to the proposed dwelling in the Queens Park Conservation Area. No objections were raised to the proposal and recommendations provided by Councils Heritage Architect are included in the deferred commencement conditions detailed in Appendix A of this report.

3.2 Waverley Renewal (Tree Management Officer) The application was referred to Councils Tree Management Officer for comments relating to the removal or impacts on trees and vegetation. The proposal is considered acceptable subject to deletion of excavation within the west side boundary setback (to retain trees and vegetation at 29 Cuthbert Street) and conditions relating to the removal and retention of other significant trees and vegetation within the locality. The excavation within the west side boundary is deleted by deferred commencement matter conditions.

3.3 Creating Waverley (Vehicular access and parking and stormwater) Councils Manager of Transport and Development reviewed the application and there are issues with regard to various aspects associated with obtaining vehicular access along the unmade section of Kingsley Lane to the garage proposed at the rear. Therefore the proposed garage and associated is not supported and cannot be approved. This is addressed as a condition of consent. Standard conditions are to be imposed regarding the stormwater disposal on site. In this regard drawings are to comply with the Waverley Development Control Plan 2012 and the Waverley Council Water Management Technical Guidelines.

4. SUMMARY The application proposes significant demolition works to the existing dwelling and construction of a part 2 and part 3 storey dwelling with basement/lower ground level, swimming pool and garage at the rear laneway. The alterations to the dwelling are so substantial that they result in an almost new infill dwelling. The proposal is considered acceptable on heritage grounds, as the building replaces a dwelling which

contributory value has eroded over time. Conditions are recommended regarding landscaping at the front of the dwelling and a schedule of finishes to ensure that the dwelling has an acceptable presentation in the heritage conservation area. The proposal does not comply with the FSR and height controls in the LEP, however as discussed in the report is considered acceptable on merit, subject to the recommendations within this report. The main modifications include, maintaining the existing ground floor level for the existing dwelling to reduce the height, increasing the rear setback of the first floor at the rear to reduce the visual bulk and scale impacts, and limiting the excavation on the western boundary to preserve trees on the neighbouring property. These matters are recommended as deferred commencement conditions of consent. The proposed garage to the rear lane is also recommended to be deleted as there are technical matters which have not been resolved as a part of this application. The amended proposal was publicly notified and a total of eleven submissions were received during the notification period. These issues identified by objectors were considered and some of the matters have been addressed by the conditions of consent and other matters raised by objectors are not considered to warrant amendment or refusal of the application. The application is considered acceptable on merit and is recommended to be granted approval subject to deferred commencement consent.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A: Report prepared by:

Application reviewed and agreed on behalf of the Development and Building Unit by:

Andrew Connor Senior Assessment Planner

Beth Matlawski A/Manager, Development Assessment (South)

Date: 11 March 2015 Date: 12 March 2015

APPENDIX A – DEFERRED COMMENCMENT MATTERS The consent authority must be satisfied as to the following matters before the consent can operate. Deferred commencement consent is granted in accordance with the provisions of section 80(3) of the Environmental Planning and Assessment Act 1979. The consent is not to operate until such time as the applicant has submitted the following to the satisfaction of Council; 1. To provide a more appropriate overall maximum height and to reduce the scale of the

dwelling, the plans are to be amended as follows: (a) The proposed ground floor is to be the same level as the existing ground floor RL 74.09,

and the overall height of the building is to be reduced accordingly to RL 80.64;

(b) The vertical column feature on the front elevation (with stone finish) is to be proportionally reduced in conjunction with the above (ie. remain slightly higher than the parent dwelling to retain visual interest and articulation to the front facade).

(c) The clerestory roof lights/skylights that protrude above the main roof of the dwelling are to be deleted, or replaced with flush skylights.

2. To provide an appropriate building bulk and scale, the first floor rear building line is to be

increased by 3.5 metres, achieved by pushing the master bedroom back into the building and reducing the internal length of the void to a maximum of 4 metres and reducing the length of the bridge to the master bedroom. A flat metal roof is to be provided over the remainder of the ground floor.

3. To preserve and protect the existing trees and vegetation along the eastern boundary of 29 Cuthbert Street, no approval is granted for the excavation on the western boundary at lower ground/basement level for the sub floor area, water tanks and access stairs along the west side boundary of the site (ie. no excavation within approximately 1.6m from the western boundary).

The existing natural ground levels along the west side boundary from the foundations of the existing dwelling to the proposed pool are to remain unchanged to ensure that the trees on the neighbouring property are not impacted. Alternatively, the applicant is to provide a detailed arboriculture impact assessment report prepared by a qualified consultant arborist (AQF Level 5) to the requirements of Councils Tree Management Policy 2013, showing the root mapping of all trees to demonstrate that the proposed works will not have a negative impact on the trees of the adjoining property. This is to be to the satisfaction of Council’s Tree Management Officer.

4. All materials and finishes are to be clearly identified on all elevations.

5. A landscaping plan is to be provided to the satisfaction of Councils Heritage Architect and

Council’s Tree Management officer and include the following;

(a) Landscaping is to be provided at the front of the site and western side of the street elevation to soften the appearance of the proposal to the street.

(b) The species are to be compatible with the landscaping within the heritage conservation area and size and location of the species appropriate for growth within the front setback of the site between the front boundary and dwelling.

6. The proposed front boundary fencing is to be reduced to a maximum height of 1.6 metres

measured from level of Councils footpath and the ground level of the front yard is to be generally retained at existing natural ground level.

7. The garage to the rear and associated vehicular access are not approved and are to be deleted from the plans.

APPENDIX B – CONDITIONS OF CONSENT A. APPROVED DEVELOPMENT 1. APPROVED DEVELOPMENT

The development must be in accordance with: (a) Drawing Nos DA000 Rev A, DA010 Rev A, DA100 Rev B, DA101 Rev B, DA300 Rev C, DA301 Rev C,

DA020 Rev B, prepared by ASA Architects, with various dates, and received by Council on 14 November 2014;

(b) BASIX Certificate; and (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the

SWRMP Checklist of Part B, Waverley DCP 2012. Except where amended by the following conditions of consent.

2. DOMESTIC HEATERS The provision of solid fuel heating is prohibited.

3. USE OF DWELLING

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

4. SWIMMING POOLS

The following requirements apply to the use and operation of the approved pool: (a) The pool water being treated by an approved water treatment and filtration unit. (b) The pool is to be fitted with a cover, that shall be fitted when the pool is not in use to minimise

evaporation and conserve water. (c) To prevent noise nuisance to surrounding properties, the pool filtration motor and pump unit is

to be housed within a ventilated soundproof enclosure. 5. EXCAVATION TO BE LIMITED

Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.

6. FENCING This application does not approve any side boundary or rear boundary fencing as insufficient details have been provided for assessment ie. height in relation to the existing ground levels, and adjoining properties and materials. Separate consent is required for boundary fencing.

7. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall: (a) Be located a minimum of 1.5 metres from a boundary. (b) Be located behind the front building line and if visible suitable screened and located in an

appropriate location. (c) Not be adjacent to neighbouring bedroom windows. (d) Not reduce the structural integrity of the building. (e) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(ii) before 7.00am and after 10.00pm on any other day. (f) Not provide noise emissions that exceed 5dBA above the ambient background noise level

measured at the property boundary at any other time outside of (e). (g) Not be located on the roof of the dwelling.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 8. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

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

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

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

(c) Should a section 96 modification result in any change to the total cost of the work, the Section

94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the

development. 9. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This includes the following; (a) The Phoenix canariensis and all over vegetation and landscaping and stone retaining walls

adjoining the eastern boundary of the site at Blenheim Lane; (b) Footpaths and white pedestrian fencing located on Council’s land around the front, side and rear

of the site; (c) Grevillea robusta located on Kingsley Lane located at the rear of the site.

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

10. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

11. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, or demolition work, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

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

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

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

12. HOARDING REQUIRED

A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

13. GEOTECHNICAL ENGINEERS REPORT

A geotechnical report, regarding the stability of the subject site and stating that damage should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

14. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

15. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during

construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

16. EROSION, SEDIMENT AND POLLUTION CONTROL

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

17. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, excavation, remediation or construction on the site. The CVPPM shall provide details of the following: (a) The proposed route to be taken by demolition/construction vehicles in the Waverley Council

area when accessing and exiting the site. (b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi trailers

may not be approved for use if it is considered with the information submitted that such vehicles cannot adequately and safely gain access to and from the site or where access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval for

demolition/construction vehicles to stand on the roadway in the vicinity of the site. (d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site,

will interfere with the free flow of traffic. (e) The location and materials of construction of temporary driveways providing access into and out

of the site. (f) The location and length of any proposed Works/Construction Zones. Note: such zones require

the approval of the Waverley Traffic Committee and Council prior to installation. (g) The hours of operation of demolition/construction vehicles. (h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. (i) How it is proposed to cater for the safe passage of pedestrians past the site. The details shall

include:

the route required to be taken by pedestrians including signage and any other control measures that will need to be put in place to direct and keep pedestrians on the required route;

any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians;

the type(s) of material on which pedestrians will be required to walk;

the width of the pathway on the route;

the location and type of proposed hoardings;

the location of existing street lighting. 18. STORMWATER MANAGEMENT

Stormwater Plans are to be submitted to Council for approval prior to the issue of a Construction Certificate. The drawings are to comply with the Waverley Development Control Plan 2012 and the Waverley Council Water Management Technical Guidelines. In this regard, on site detention is required. Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

19. ENGINEERING DETAILS

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

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

21. FENCE NOT TO ENCROACH BEYOND BOUNDARIES

No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

22. SANDSTONE WALL

The existing sandstone wall to located on the east boundary of the site shall be retained in the building works.

23. EXTERNAL FINISHES A schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

24. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

25. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

26. USE OF RENEWABLE TIMBERS

Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

27. TREE PROTECTION

The following trees are to be retained and protected

Species Location Action

Phoenix canariensis Eastern boundary at Blenheim Lane Protect & retain

Grevillea robusta Council laneway (Kingsley Lane) located at the rear of the site.

Protect & retain

Tibouchina Western boundary & Eastern boundary of 29 Cuthbert St

Protect & retain

Various tree species Eastern boundary at Blenheim Lane (Council land)

Pruning away from property to be carried out by Council

Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line;

(e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter. (h) Trunk protection as per AS 4970 – 2009, Section 4.5.3 is to be installed. (i) Padding to be used shall be non-absorbing or free draining to prevent moisture build up around

the part being protected. The trunk protection shall consist of a layer of carpet underfelt (or similar) wrapped around the trunk, followed by 1.8 metre lengths of softwood timbers (90 x 45mm in section) aligned vertically and spaced evenly around the trunk at 150mm centres (i.e. with a 50mm gap) and secured together with 2mm galvanised wire or galvanised hoop strap. The timbers shall be wrapped around the trunk (over the carpet underfelt), but not fixed to the tree to avoid mechanical injury or damage to the trunk. Trunk protection must be installed prior to any site works including demolition and maintained in good condition for the duration of the construction period.

(j) Should any root pruning be required during excavation for the foundations to the west side of the extension, an arborist (AQF Level 5) must be present on site to supervise the works to ensure the health of the tree. Any roots over 100mm must be pruned using hand tools only and a root treatment program instigated for the area between the new foundations and the western boundary. Any exposed roots must be covered with damp hessian or similar and maintained in a damp condition for the duration of the construction works.

28. TREE PRUNING ON BLENHEIM LANE (COUNCIL LAND)

This consent does not authorise any pruning on the trees along the Eastern boundary at Blenheim Lane (Council land). Should you require pruning of trees, please contact Council’s Strategic Tree Planning officer on 8306 3637.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION 29. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to

do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

30. HOME BUILDING ACT

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

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

32. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

33. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the proposed

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

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort

of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was

provided.

34. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of a

building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

34. TOILET FACILITIES

Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

35. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

36. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'. These properties must include (but are not limited to) 29 Cuthbert Street, Queens Park and Blenheim Lane (to the extent of that the eastern boundary aligns with the lane) and any others identified to be in the zone of influence in the Dilapidation Survey. The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work. Please note the following: (a) The dilapidation report will be made available to affected property owners on request and may

be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development.

(c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

(d) Council will not become directly involved in disputes between the Developer, its contractors and the owners of neighbouring buildings.

(e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally.

37. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any

building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or

(c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561)

(d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

38. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

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

39. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of: (a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.

40. SOIL AND WATER MANAGEMENT PLAN

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

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

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

43. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

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

45. CONSTRUCTION HOURS

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

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and

Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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

46. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock breakers and

the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

47. BUILDING CODE OF AUSTRALIA

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

48. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS

(DWELLING HOUSES CLASS 1 AND 10) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work;

(b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being issued

in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and

columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and (g) swimming pool fencing prior to filling the pool. Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

49. CERTIFICATE OF SURVEY - LEVELS

All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

50. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

51. IN-SINK WASTE DISPOSAL SYSTEMS

The installation of in-sink waste disposal systems is prohibited.

52. ENCROACH BEYOND THE BOUNDARIES

No portion of the proposed dwelling and boundary fencing including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

53. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

54. HOT TAP WATER SCALDING

To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

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

56. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

57. STREET TREES

No existing street trees shall be removed without Council approval, (other than those shown for approval in this consent, where relevant). A 1.8m high chain link wire fence or the like shall be erected around the existing street trees to protect them from damage during construction. Where approval is granted for the removal of a street tree the applicant is to pay for its replacement with a super advanced tree of a species nominated by Council.

58. TREE PRESERVATION

A tree preservation order exists in the Waverley Local Government Area. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed. In addition, no works to trees on neighbouring properties without that owners consent.

59. NO FOOTPATH GARDENS

No garden beds or planting is to occur outside the boundaries of the property in Cuthbert Street, with the proposed planting to occur totally within the property.

60. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

61. CONSTRUCTION OF SWIMMING POOLS The following applies to the construction of swimming pools: (a) Reinforcement is to be inspected by an Accredited Officer or other suitably qualified person prior

to the pouring of concrete;

(b) The electrical wiring system for any proposed underwater artificial lighting installation to the pool being installed in accordance with the requirements of Australian Standard 3000, Part 1 - Wiring Rules;

(c) The finished level of the proposed pool is not to exceed a maximum height of 1000mm above the existing natural ground level as shown on the approved western elevation plan.

(d) To minimise the likelihood of accidental drowning, the swimming pool is to be provided with a child resistant safety fence, designed and constructed in accordance with the requirements of Australian Standard 1926-1993 "Fencing for Private Swimming Pools". This fencing is to be erected and inspected by the Principal Certifying Authority prior to the pool being filled with water; and

(e) A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water.

62. POOL DRAINAGE

Waste waters from the proposed pool being discharged into Sydney Water's sewerage system and in this regard, approved plans MUST be submitted to Sydney Water at least fourteen (14) days prior to commencement of building operations.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION 63. FINAL OCCUPATION CERTIFICATE

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

64. POOL SIGN

An approved sign outlining details of resuscitation techniques for adults, children and infants must be placed in a prominent position, close to the pool prior to filling the pool with water. Signs are available from Council's Planning & Environmental Services Department.

65. INSPECTION OF POOL

A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water.

66. POOL MANUFACTURER'S CERTIFICATION The proposed pool is to be constructed in accordance with the Consulting Engineer's design as shown on the approved plans and in this regard, the pool is not to be filled with water until a Certificate has been submitted by the pool construction manufacturer to the Principal Certifying Authority.

67. SWIMMING POOL REGISTRATION The swimming pool is to be registered on the State Government Swimming Pool Register (http://www.swimmingpoolregister.gov.au) and a Certificate of Compliance obtained for the pool barrier is required to be submitted to Council prior to the issue of an Occupation Certificate.

68. LIGHTING

Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

69. STREET NUMBER/S

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high.