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Outline of Meeting Protocol & Procedure: The Chairperson will call the Meeting to order and ask the Panel/Staff to present

apologies or late correspondence. The Chairperson will commence the Order of Business as shown in the Index to the

Agenda. At the beginning of each item the Chairperson will ask whether a member(s) of the

public wish to address the Panel. If person(s) wish to address the Panel, they are allowed three (3) minutes in which to do

so. Please direct comments to the issues at hand. If there are persons representing both sides of a matter (eg applicant/objector), the

objector speaks first. At the conclusion of the allotted three (3) minutes, the speaker resumes his/her seat and

takes no further part in the debate unless specifically called to do so by the Chairperson. If there is more than one (1) person wishing to address the Panel from the same side of

the debate, the Chairperson will request that where possible a spokesperson be nominated to represent the parties.

The Chairperson has the discretion whether to continue to accept speakers from the floor.

After considering any submissions the Panel will debate the matter (if necessary), and arrive at a resolution.

Note: Matters where there is a substantive change to the recommendation of the Council

Officer are referred to the next appropriate meeting of the Application Assessment Panel.

Note: Matters can be “called” from this Panel Meeting to the Development Control

Committee (DCC) by Councillors subject to the following requirements: - Calling requires one Councillor - A Councillor may call a matter by written or oral request by 3.00pm on the business day

preceeding the meeting at which the item is listed - A Councillor who is in attendance at the Application Assessment Panel meeting may

call a matter at any time prior to the completion of the meeting by orally advising the Panel Chairperson.


WOOLLAHRA MUNICIPAL COUNCIL

Notice of Meeting 21 November 2011 To: General Manager Director – Technical Services

Director – Planning & Development Manager – Compliance Manager – Strategic Planning

CC: The Mayor All Councillors

Application Assessment Panel Meeting – 29 November 2011 In accordance with the provisions of the Local Government Act 1993, I request your attendance at a Meeting of the Council’s Application Assessment Panel to be held in the Thornton Room (Committee Room), 536 New South Head Road, Double Bay, on Tuesday 29 November 2011 at 3.00pm. Gary James General Manager

Woollahra Municipal Council Application Assessment Panel 29 November 2011


Meeting Agenda Part One of Three Parts

Item

Subject

Pages

1 2 3

Apologies Late Correspondence Note Council resolution of 27 June 2011 to read late correspondence in conjunction with the relevant Agenda Item Declarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 22 November 2011 1

D2 DA231/2011 – 5 Salisbury Street, Watsons Bay – Demolition of existing dwelling-house (retention of some building fabric), substantial alterations & additions including a new 1st floor level, new garage & siteworks – 6/6/2011 *See Recommendation 4

2-122

D3 DA429/2011 – 28 Edgecliff Road, Woollahra – Alterations & additions including new basement level under the principal building form & a three storey addition to the rear (upper level as storage) – 20/9/2011 *See Recommendation Page 149

123-160



Meeting Agenda Part Two of Three Parts

Item

Subject

Pages

D4 DA330/2011 – 57 Epping Road, Double Bay – Significant demolition

of the existing house & significant alterations & additions (new dwelling-house) including new 1st floor level – 27/6/2011 *See Recommendation Page 181

161-224

D5 DA629/2010 part 2 – 247 Underwood Street, Paddington – Section 96 Application – Proposed modifications new smaller balcony on western side to replace deleted, replace ground floor front doors with traditional styled doors & 1st floor security screen with louvered French doors, internal modifications including attic & landscaping – 17/8/2011 *See Recommendation Page 245

225-271



Meeting Agenda Part Three of Three Parts

Item

Subject

Pages

D6 DA471/2011 – 10 Etham Avenue, Darling Point – Replace existing

balcony balustrades on western façade with frameless glass – 17/10/2011 *See Recommendation Page 284

272-307

D7 DA206/2011 – 7 Rosemont Avenue, Woollahra – Alterations & additions including new basement, garage & swimming pool & spa, landscaping & siteworks – 26/5/2011 *See Recommendation Page 329

308-415


H:\Application Assessment Panel\AGENDAS\2011\Working Agenda\nov29-11aapage.docx 1

Item No: D1 Delegated to Committee Subject: Confirmation of Minutes of Meeting held on 22 November 2011 Author: Les Windle, Manager - Governance File No: See Application Assessment Panel Minutes Reason for Report: The Minutes of the Meeting of Tuesday 22 November 2011 were

previously circulated. In accordance with the guidelines for Committees’ operations it is now necessary that those Minutes be formally taken as read and confirmed.

Recommendation: That the Minutes of the Application Assessment Panel Meeting of 22 November 2011 be taken as read and confirmed. Les Windle Manager - Governance

DA 231/2011/1 Application Assessment Panel 5 Salisbury Street, Watsons Bay 29 November 2011

H:\Application Assessment Panel\AGENDAS\2011\Working Agenda\D2.doc 1

DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. D2

FILE No. DA 231/2011

PROPERTY DETAILS

5 Salisbury Street, Watsons Bay Lot & DP No.: LOT: 1 and LOT: 2 PT: SEC: DP: 1084774

CNR: Side of Street: North Site Area (m²): 630.5m2 Zoning: Residential 2(a)

PROPOSAL Demolition of the existing dwelling-house (retention of some

building fabric), substantial alterations and additions including a new first floor level, a new garage, and siteworks

TYPE OF CONSENT:

Local

APPLICANT:

Manapo Pty Ltd

OWNER:

Mrs A Kersch

DATE LODGED:

06/06/2011 (original proposal) 24/08/2011 (amended proposal) 04/11/2011(second amended proposal – driveway relocation)

AUTHOR:

Ms E Smith

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO 1. RECOMMENDATION PRECIS

The proposal, as amended, is recommended for approval because it, as conditioned:

Is considered to be satisfactory with all relevant planning policies including Woollahra LEP 1995 and the Watsons Bay Heritage Conservation Area DCP.

Will not have adverse effects on the local environment including the Watsons Bay Heritage Conservation Area, or the amenity of adjoining properties such that refusal is justified.

2. PROPOSAL PRECIS

The application proposes the demolition of the existing dwelling (retention of some building fabric), substantial alterations and additions including a new first floor level, a new garage, and siteworks.



3. LOCALITY PLAN

Subject Site Objectors

North

Locality Plan

4. DESCRIPTION OF PROPOSAL

The proposal was amended on 24 August 2011, in response to concerns raised by Council staff in relation to view loss to No. 3 Salisbury Street. The amendments are summarised as follows:

The new first floor level was reconfigured (including the relocation of the master bedroom and retreat), and the roof form was modified to replace the proposed gables with two pyramid roof forms.

Lowering the height of the front ridgeline. The deletion of the skillion roof over the bbq area and a reduction to the height of the bbq

screen wall. Reducing the depth of the first floor rear deck to ensure that it does not project to the rear of

the existing eaves. The deletion of the pergola, to be replaced with retractable vertical blinds. The introduction of a horizontal louvred privacy canopy.

The proposal was amended on 04 November 2011, in response to concerns raised by Council’s Development Engineer in relation to the location of the proposed driveway: The amendments are summarised as follows:

The proposed driveway to Hopetoun Avenue was relocated further to the north to provide a sufficient separation distance between the driveway and the existing bus stop.

The garage floor level was reduced from RL 16.35 to RL 16.00 and a driveway longitudinal profile was provided.



The proposal, as amended, involves the following works: External works:

The demolition of the existing garage located within the front setback of Salisbury Street. The removal of the large brush box tree located to the rear of the dwelling. The construction of a new entry canopy. The construction of a new front boundary fence to Salisbury Street. The construction of a new boundary retaining wall to Hopetoun Avenue, reconstructed from

the existing sandstone blocks. Landscaping and site works.

Basement level:

The construction of a new basement level garage accessed from a new vehicular crossing to Hopetoun Avenue.

The provision of a lift, staircase, W.C. and storage areas within the basement level. Ground floor level:

Alterations to the internal layout and building envelope to form two bedrooms, an en suite, a bathroom area, an entry, a laundry, a lift, a stairwell, and an open plan living area.

The provision of a canopy to the Hopetoun Avenue frontage. The construction of an elevated deck and bbq area to the rear of the dwelling with access steps

to the rear garden area. The construction of a rear privacy canopy to screen the proposed bbq area.

First floor level:

The provision of a new first floor level comprising of the master bedroom, an en suite, a walk in robe, a retreat, a storage area, a lift and a staircase.

A side and rear deck orientated to Hopetoun Avenue.

5. SUMMARY

Reasons for report Issues Submissions

The DA is referred to the Application Assessment Panel (AAP) as the proposal does not satisfy the criteria for determination under staff delegation for the following reason: 1. The proposed development

exceeds the height standard by over 10%.

Heritage. Floor space ratio non-compliance. Fence and wall height non-compliances. Number of storeys non-compliance. Building envelope. Setbacks. Car parking forward of the building alignment. Height. View loss. Privacy. Objectors’ concerns.

Submissions were received from or on behalf of nine neighbouring properties.

6. ESTIMATED COST OF WORKS

Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work. The applicant’s estimated cost of the proposed development at $744,000 has been checked using our adopted practice and is considered to be accurate.



7. DESCRIPTION OF SITE OF LOCALITY

THE SITE AND LOCALITY

Physical features

The subject site is located on the northern side of Salisbury Street. The site (as surveyed) is irregular in shape, with a front (southern) boundary measuring 17.48m in length, a rear (northern) boundary measuring 5.365m in length, an eastern (side) boundary measuring 52.39m in length and a western (side) boundary measuring 53.47m in length; a total surveyed area of 630.5m².

Topography The topography of the site falls from the south eastern corner to the north western corner by approximately 5m.

Existing buildings and structures

Currently occupying the site is a part one/part two storey dwelling. The subject building presents as a single level dwelling with a small basement level storage area. The subject building presents as one-storey to Salisbury Street and as two-storeys when viewed from the rear. The subject building is located with the Watson’s Bay Heritage Conservation Area, the subject building is not a heritage items or a contributory item.

Environment The subject site is located within the Watson’s Bay Heritage Conservation Area. The surrounding locality is characterised by a mix of one, two and three storey residential developments.



8. PROPERTY HISTORY

PROPERTY HISTORY

Current use Residential dwelling. Previous relevant applications

DA 572/2010 for substantial alterations and additions including a new first floor level, new garage, new garden deck was withdrawn on 27 October 2010. This was in response to the following concerns which were raised by Council staff: 1. The proposed building height and flat roofed form fails to maintain the predominant building

form and existing character of the roofscape of Watsons Bay. The proposed building would appear visually dominant within the streetscape.

2. The proposed retaining wall to the western boundary would detract from the existing streetscape character which is contrary to control C12 and objective O4, section 4.13 of the WBHCA DCP.

3. With a 250mm setback from the western boundary, the proposed awnings to the western elevation would appear unduly prominent within the streetscape.

4. The provision of a new double garage provides the opportunity to remove the existing non-compliant garage to the front of the site, thus improving the streetscape outcome. The combination of the proposed garage and retention of the existing garage would result in the onsite car parking structures dominating the streetscape.

5. Council’s Tree Officer has determined that further information is required on the impact of the proposed works on the Brush Box in the rear of the property. The extension of the roof and decking will require pruning of the tree. The impact of the pruning should be assessed by an Arborist. Details of the construction of the decking adjacent to the palm should also be provided. An Impact Assessment in accordance with Council's Annexure 8 of the DA Guide should be provided for assessment.

6. The proposal could unreasonably impact upon views which are currently afforded to neighbouring properties. A view analysis should be carried out for any impacted properties.

Pre-DA N/A Requests for additional information

09 June 2011: Arboricultural Impact Assessment – Received 30 June 2011 Stormwater Management Plan – Received 30 June 2011

01 July 2011: Surveyor certified height poles – Provided 28 July 2011 24 August 2011:

Amended plans and a SEPP 1 objection were received as detailed under section 4 of this report. 15 September 2011: A tree construction impact assessment – Received 23 September 2011 20 September 2011: Surveyor certified height poles – Provided 23 September 2011 22 September 2011: Shadow diagrams for the amended plans – provided 22 September 2011. 18 October 2011: Surveyor certified height poles – Provided 26 October 2011 19 October 2011: Modifications to garage to accommodate Sydney Buses and Council’s Technical Services

requirements –Received – 04 November 2011. 26 October 2011: Landscape Plan –Received – 04 November 2011.

Land & Environment Court appeal

N/A



9. REFERRALS

9.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS

Referral Officer Comment Annexure

Development Engineer Council’s Development Engineer has determined that the proposal is satisfactory subject to the following conditions: A4, C2, C4, C5, C7, C8, C9, C10, C11, D5, E6, E12, E13, E14, E15, E16, E17, E21, F3, and H3.

2

Landscaping Officer Council’s Landscaping Officer has determined that the proposal is satisfactory subject to the following conditions:A3, B2, B3, C6, E7, E8, E9, E10, E11, F2, and I2

3

Heritage Officer Council’s Heritage Officer has determined that the proposal is satisfactory and no Heritage conditions are required.

4

9.2 The following table contains particulars of external referrals.

EXTERNAL REFERRALS

External Referral Body Reason for referral Council Comment

Sydney Buses

Potential impact of the proposed driveway upon the existing Bus Stop located on Hopetoun Avenue.

The proposed driveway to Hopetoun Avenue has been relocated to provide a sufficient separation distance between the driveway and the existing bus stop. This has addressed the concerns raised by Sydney Buses.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. STATE/REGIONAL INSTRUMENTS AND LEGISLATION

10.1 SEPPs

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. A112189 committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000. State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the previous uses of the site indicates that the land is unlikely to be contaminated and as such further consideration under clause 7 (1) (b) and (c) of SEPP 55 is not required.



10.2 REPs

Sydney Regional Environmental Plan and accompanying DCP The land is within the Sydney Harbour catchment but is outside of the Foreshores and Waterways Area and therefore there are no specific matters for consideration in relation to this DA. 10.3 Section 94 contribution

The Council’s Section 94 Contributions Plan is not applicable to the proposal, however a monetary contribution is required under Council’s Section 94A Development Contribution Plan 2005. The Section 94A contribution is calculated as follows: Levy = 1% (levy rate) x $744,000.00 (proposed cost of development) = $7,440.00 The total contribution = $7,440.00 This requirement is outlined in condition C2. 10.4 Other legislation

No other legislation is applicable to this application. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995

11.1 Aims and objectives of WLEP 1995 and zone

Subject to conditions, the proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the 2(a) zone. 11.2 Statutory compliance table

Site Area (630.5m²) Existing Proposed Control Complies

Site Area (m²) 630.5m2 630.5m2 675m2 NO

Overall Height (metres) 7.4m-7.6m 6.9m-9.2m 8.2m NO

11.3 Site area requirements

Clause 10 (1) prevents the erection of a dwelling-house on an allotment of land that is less than the minimum allotment size as indicated on the density map associated with Woollahra LEP 1995; 675m² in this instance. The subject site has an area of 630.5m² and therefore does not comply with this requirement. However, Clause 10 (2) states that subclause (1) does not operate to prohibit the erection of a dwelling-house on a sub-standard size allotment of land which was in existence as a separate allotment on the day this plan was gazetted (10 March 1995) if a dwelling-house could have been lawfully erected on the allotment immediately before that day.



The previous planning instruments, Woollahra LEP 27 (gazetted on 15 January 1988) and the Woollahra Planning Scheme Ordinance (gazetted on 15 December 1972) had identical exemption provisions. Prior to the Woollahra Planning Scheme Ordinance, it was lawful to erect a dwelling-house on the subject allotment of land. The subject allotment existed prior to the gazettal of the Woollahra Planning Scheme Ordinance. Accordingly, Clause 10 (1) does not operate to prohibit the erection of a dwelling-house on the subject sized allotment. 11.4 Height

Clause 12 of WLEP 1995 stipulates a maximum height of 8.2m. The main ridgeline of the existing existing dwelling is a height of 7.4m. The proposed first floor addition would project 0.7m above the existing ridgeline. The proposal accords with the 8.2m height limit with the exception of a small section of roof to the rear which is located above the existing basement storage level. This section of roof would breach the 8.2m height standard by 0m-1m. The extent of the non-compliance is depicted in the diagram below:

Height non-compliance

The applicant has submitted an objection to Council's height standard under the provisions of SEPP No. 1 Development Standards which is attached as Annexure 5. The SEPP 1 objection is summarised as follows: The following reasons are provided as to how the non-compliance meets the objectives of the development standards:

The proposal accords with the objectives of the height standard listed under Clause 12AA of the WLEP 1995 and the objectives of the Watsons Bay Heritage Conservation Area DCP.

The proposal conforms with the scale and character of the existing dwelling and is founded upon the disturbed ground of the site.

8.2m Height limit Height non-compliance (hatched)



It provides increased setbacks along Hopetoun Avenue and Salisbury Street that facilitates the reshaping of the corner and the addition of landscaped zones along both street frontages.

The height of the proposal is below that of the adjacent building at No. 3 Salisbury Street and relates to the scale of buildings in its environments as found in the streetscape.

It maintains existing solar amenity to its neighbours allowing more than 3 hours of sunlight to north facing living rooms and main outdoor private open space of adjoining properties, in fact it does not affect the north facing facades of adjoining properties at all.

It provides a superior view corridor at street level by opening and reshaping the corner, to be enjoyed from a pedestrian perspective and by properties in the Salisbury Street view corridor with views towards the west.

The non-compliance is as a direct result of locating the bulk of the building in a location which would maximise view corridors to No. 3.

It maintains existing surface water flow paths around the dwelling and across the site. It retains existing trees.

Based on these circumstances, the applicant is of the opinion that strict adherence to the height standard is unreasonable and unnecessary. The following assessment of the SEPP 1 Objection applies the principles arising from Hooker Corporation Pty Limited v Hornsby Shire Council(NSWLEC, 2 June 1986, unreported) by using the questions established in Winten Property Group Limited v North Sydney Council(2001) NSW LEC 46 (6 April 2001) as reinforced in Wehbe v Pittwater Council (2007) NSWLEC 827. In applying the principles set out in the Winten case, the SEPP No. 1 objection has been considered by reference to the following tests: 1. Is the planning control in question a development standard?

2. What is the underlying object or purpose of the standard?

3. Is compliance with the development standard consistent with the aims of the Policy, and in particular, does compliance with the development standard tend to hinder the attainment of the objects specified in s5(a)(i) and (ii) of the EPA Act?

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the case?

5. Is the objection well founded?

1. Is the planning control in question a development standard? The planning control in question is the height standard set by Clause 12 of the Woollahra LEP. As such any variation of this standard requires a SEPP 1 objection, as has been prepared in this case. 2. What is the underlying purpose of the standard? The objectives of Council's height standard are as follows: a) to minimise the impact of new development on existing views of Sydney Harbour, ridgelines,

public and private open spaces and views of the Sydney city skyline b) to provide compatibility with the adjoining residential neighbourhood c) to safeguard visual privacy of interior and exterior living areas of neighbouring dwellings d) to minimise detrimental impacts on existing sunlight access to interior living rooms and

exterior open space areas and minimise overshadowing



e) to maintain the amenity of the public domain by preserving public views of the Harbour and surrounding areas and special qualities of streetscapes.

3. Is compliance with the development standard consistent with the aims of the Policy, and in

particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act?

Under the EPA Act, 1979, Section 5(a)(i) & (ii) the following is required : (i) The proper management, development and conservation of natural and artificial resources,

including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) The promotion and co-ordination of the orderly and economic use and development of land, Removing the height non-compliance would require the deletion of part of the rear pitched roof element. This would not represent the orderly and economic use and development of the land, as the objectives of the height development standard are achieved not-withstanding the non-compliance with the standard. This is discussed in greater detail below. Whebe V Pittwater Council (2007) NSW LEC 827 (21 December 2007) sets out ways of establishing that compliance with a development standard is unreasonable or unnecessary. It states that: An objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways. The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved not withstanding non-compliance with the standard. It goes on to state that: The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development is fixed as the usual means by which the relevant environmental or planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served). The following considers the proposal against the relevant objectives of the development standard contained under Clause 12AA of WLEP 1995. Objective a) - to minimise the impact of new development on existing views of Sydney Harbour, ridgelines, public and private open spaces and views of the Sydney city skyline:

The proposal would not result in any unreasonable impacts in terms of public or private view loss.



Objective b) - to provide compatibility with the adjoining residential neighbourhood: It is important to note that the previous development application (DA 572/2010) incorporated

a lower flat roof. The lower flat roof was not supported by Council’s Heritage and Planning staff as the form undermined the objectives and controls contained within the Watsons Bay Heritage Conservation Area Development Control Plan, which require the provision of pitched roof forms. In response the applicant submitted the current DA which incorporated pitched roof forms.

The proposal has been reviewed by Council’s Heritage Officer who has confirmed that the proposed design would result in a satisfactory impact upon the Heritage Conservation Area.

The deletion of the proposed height non-compliance would necessitate the removal of the rear pitched roof element. This is contrary to objective b) as the proposal would fail to provide compatibility with the adjoining conservation area.

Objective c) - to safeguard visual privacy of interior and exterior living areas of neighbouring dwellings: Subject to conditions, an adequate level of privacy will be maintained to the adjoining

properties. This is discussed in greater detail within the ‘visual and acoustic privacy’ section of the report.

Objective d) - to minimise detrimental impacts on existing sunlight access to interior living rooms and exterior open space areas and minimise overshadowing: An adequate level of solar access will be maintained to adjoining properties. This is discussed

in greater detail in the solar access and natural daylight section of the report.

Objective e) - to maintain the amenity of the public domain by preserving public views of the Harbour and surrounding areas and special qualities of streetscapes: The proposal would not result in any unreasonable impacts on public views. Furthermore, the

proposal would maintain the special qualities of the streetscapes by maintaining the existing pattern of development.

The incorporation of the pitched roof forms ensures that the proposal is consistent with the built form which surrounds the site. This ensures that the proposal would not appear unduly prominent within the streetscape and maintains the significant features of the heritage conservation area.

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the

case?

The proposal achieves consistency with the objectives of Council's height standard and therefore the SEPP No 1 objection is supported. Accordingly, it is recommended that Council resolve to vary the height standard in this instance as compliance is considered to be unreasonable and unnecessary.

5. Is the objection well founded?

The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary is well founded, as the areas of non-compliance would not have detrimental impacts on the amenity of the public domain and adjoining properties and therefore would be consistent with the aims and objectives set out in Clause 3 of SEPP 1.



11.5 Other special clauses/development standards

Clause 18 Excavation: The provisions of Clause 18 require Council, when considering a development application involving excavation, to have regard to how that excavation may temporarily or permanently affect: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process, and (b) public safety, and (c) vehicle and pedestrian movements, and (d) the heritage significance of any heritage item that may be affected by the proposed excavation

and its setting; and (e) natural landforms and vegetation, and (f) natural water runoff patterns.

The extent of excavation associated with the proposal includes the following: Bulk excavation for the basement level, to a maximum depth of 2.5m over an area of

approximately 194m2; a volume of approximately 388m3. Control C9 of the ‘Siting and Alignment’ section of part 4.6 of the WB HCA DCP stipulates that excavation is required to be setback a minimum of 1.5m from all boundaries. With the exception of the driveway and garage wall, the bulk excavation associated with the basement level is setback 1.5m or greater from the boundaries of the site. Having regard to the above-mentioned heads of consideration, the following comments are made in relation to the impact of the proposed excavation upon the local environment: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process, and The maintenance of the amenity of the neighbourhood in terms of minimising noise, vibration and dust is addressed by Conditions: C5, C9, D5, D9, E12, E13, E14, E15, E16, and E20, requiring an erosion and sediment management plan, geotechnical certification and monitoring, erosion and sediment control installation, dilapidation reports, maintenance of environmental controls, compliance with geotechnical monitoring programme, support for adjoining land and structures, vibration monitoring, maintenance of erosion and sediment controls and dust mitigation. Subject to the above-mentioned conditions, the amenity of the adjoining residential properties will be maintained. (b) public safety, and (c) vehicle and pedestrian movements, and Issues relating to public safety and pedestrian movements during the excavation phase are inter-related and are addressed by Conditions: D2 and E6, requiring site fencing and maintenance of footpath access. Subject to the above mentioned conditions, the safety of the public will be maintained.



(d) the heritage significance of any heritage item that may be affected by the proposed excavation and its setting; and Any heritage items in the vicinity of the site are located beyond the zone of influences associated with the proposed excavation and will not be adversely affected in this instance. (e) natural landforms and vegetation, and The proposal adequately retains the natural topography of the site. Furthermore, subject to Conditions: A3, B2, B3, C6, E7, E8, E9, E10, E11, F2, and I2, the significant trees and landscaping will be adequately retained and enhanced on the site. (f) natural water runoff patterns. Council’s Development Engineer has assessed the proposal and considers the stormwater and runoff to be satisfactory, subject to Conditions: C11, and F3, requiring a stormwater management plan, and the commissioning and certification of systems and works. Subject to the above-mentioned conditions, the excavation associated with the proposal is considered to be satisfactory with regard to the provision of Clause 18 of WLEP 1995. Clause 19 HFSPA: Subject to the recommended conditions, the scale and design of the proposed dwelling is in keeping with the existing built environment and natural landscape. The proposal will have a satisfactory visual impact when viewed from Sydney Harbour. The proposal would not adversely impact upon the character of the Harbour Foreshore and is acceptable in terms of Clause 19(2). Clause 25 Water, wastewater and stormwater: Clause 25(1) and (2) of WLEP 1995 requires council to consider the provisions of adequate stormwater drainage and the provisions of adequate water and sewage services. The proposal has been assessed against the provisions of Clause 25 and is considered to be satisfactory, subject to Conditions: C11, and F3, requiring a stormwater management plan, and the commissioning and certification of systems and works. These conditions are included as part of the recommendation. Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: The subject site is located within Watsons Bay Heritage Conservation Area, the subject site is not designated as a Heritage Item under the WLEP 1995 or a contributory item under the WB HCA DCP. The proposal was referred to Council’s Heritage Officer – Sara Reilly. The full referral response is attached as Annexure 4 , the referral response is summarised as follows: Assessment of heritage impact A previous development application was submitted for the subject property by the same applicant in 2010. The application was withdrawn due to concerns over its appropriateness, in part heritage-related concerns.



Issues over the original flat roof design have continued to be considered and resolved in the current amendments; however, due to the view loss concerns of the neighbours, the previously pitched roofs have been replaced with pyramid roofs, which are not as sympathetic to the local pitched-roof forms of the conservation area. The sloping/pitched roof to the Salisbury Street elevation has been retained. As per previous comments, it is noted that the corner garage has now been removed, improving its streetscape presentation considerably. The height and visual bulk of the existing fence will be reduced by a more transparent treatment, also improving the street presentation. The building line has been set back further from the streetfront, reducing the visual presence of the long side elevation to Hopetoun Avenue. In conclusion, no objection is raised to the new pyramid roof forms, as the DCP encourages the use of pitched roofs, but does not specifically exclude pyramid forms. Relevant statutory and policy documents The assessment is made using the following statutory and policy heritage conservation provisions: Woollahra LEP 1995 Part 1 clause 2(1)(g) and 2(2)(g); Part 4 clause 27 and 28 Watsons Bay Heritage Conservation Area DCP (WBHCA DCP) Precinct L – Salisbury Street/Hopetoun Avenue Precinct

The property contains a sandstone retaining wall that could be considered significant to the character of the area as identified in the Character Statement for the precinct.

The property is in a highly visible and prominent position on the corner of Hopetoun Avenue and Salisbury Street, which is a gateway location to the heart of Watson’s Bay.

L.5.2 Building height

C13: As per previous referral the following comments still apply to the new roof forms: the proposal to extend the building up into a second storey has been softened by low-pitched roof forms of ‘Spanish style’ (Mediterranean profile) terracotta roof tiles. The addition of the roof forms and tiles helps soften the impact of the second storey. No heritage objections raised.

L.8 Carparking and access

Complies. The removal of the garage has substantially improved the streetscape view. Conclusion The application is generally acceptable as it complies with all the provisions of the relevant statutory and policy documents as shown in the above assessment and would have a satisfactory heritage impact. Recommendation Consent. No heritage conditions required. The objector at No. 3 Salisbury Street has requested that the pitched roofs to the first floor additions are deleted to retain a greater level of private views to No. 3. This modification is not supported for the following reasons:

The modification would result in the provision of an entirely flat roofed building. This is contrary to the objectives and controls contained within the Watsons Bay Heritage Conservation Area Development Control Plan which require the provision of pitched roof forms.



The proposal has been reviewed by Council’s Heritage Officer who has confirmed that the proposed design would result in a satisfactory impact upon the Heritage Conservation Area.

The deletion of the pitched roof forms would result in a proposal which fails to provide compatibility with the adjoining conservation area.

The pitched roofs should be retained to ensure that the proposal accords with objective 2 (g) (ii) of the WLEP 1995, which aims to ensure that development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of the heritage conservation area.

12. DRAFT AMENDMENTS TO STATUTORY CONTROLS

None relevant. 13. DEVELOPMENT CONTROL PLANS

13.1 Compliance table Watsons Bay Development Control Plan


Floor Space Ratio (m²) <0.55:1

(346.8m2) 0.71:1

(448.59m2) 0.55:1

(346.8m2) NO

Building footprint, garage and paved surfaces (%)

<70% (441.35m2)

52% (326.82m2)

70% (441.35m2)

YES

Building Alignments – rear N/A Adjoining

buildings/prevailing development pattern

Adjoining buildings/prevailing development pattern

YES

Sunlight to private open space of adjacent properties (Hours)

>Minimum 2 hours between 9am and 3pm on

21 June

>Minimum 2 hours between 9am and 3pm on 21 June

Minimum 2 hours between 9am and 3pm on 21 June

YES

Bulk excavation, piling and subsurface walls (metres)

N/A

1.5m from front, side or rear boundary

(with exception of

driveway)

1.5m from front, side or rear boundary YES

Building Height (metres) 2 Part 2 and Part 3 2 storeys NO

Dimensions of 2 Storey Buildings (metres)

External wall height < 6.7m Overall height <8.2m

External wall height < 6.7m Overall height 6.9m-9.2m

Maximum external wall height 6.7m Overall height 8.2m

YES

NO

Side boundary setbacks (new buildings – residential) (metres)

0.95m or greater 0.95m or greater Two storey – min 1.5m

NO (part)*

Setback from significant trees (new building/alts & adds) (metres)

N/A 3m >3m NO

Ceiling heights (metres) Habitable rooms average

2.7m Habitable rooms

average 2.7m Habitable rooms minimum 2.7m

YES

Private open space/dwelling, including dwelling house (m²)

>35m² (open space) >3m

>35m² (open space) >3m

Minimum area 35m² Minimum dimension 3m

YES




(minimum dimension) >16m² (principle area) >4m (minimum dimension)

(minimum dimension) >16m² (principle area) >4m (minimum dimension)

Principal area min 16m² Min dimension 4m

Soft Landscaping (%)

Soft and deep soil

landscaping greater than 200m2

Soft and deep soil landscaping greater than

200m2

Soft and deep soil

landscaping greater than 200m2

Soft and deep soil landscaping greater

than 200m2

75% of required private open space afforded to soft landscaping (26.25m2) 40% of soft landscaping must be deep soil landscaped area (10.5m2)

YES

YES

Area at ground level comprising soft porous landscaping – dwelling houses

>⅓ unbuilt upon area (63m2)

Greater than 200m2 ⅓ unbuilt upon

area (63m2)

YES

Front fences (metres) >1.2m above footpath

level >1.2m above footpath

level

Max 1.2m above footpath

level NO*

Carparking location Forward of the front wall

of the dwelling

Predominantly behind the front wall

of the dwelling

Behind the front wall of the dwelling

PART

Solar access – windows to north facing habitable rooms of subject building and neighbouring properties (Hours)

>Minimum of 3 hours of sun between 9am and 3pm

on 21 June

>Minimum of 3 hours of sun between 9am and 3pm on 21

June

Minimum of 3 hours of sun between 9am

and 3pm on 21 June

YES

Part 3 Precinct specific controls The site is within the Salisbury Street/Hopetoun Avenue Precinct. The site is not identified as a heritage item or a contributory item within the precinct. Part 3 - L.3 Views and vistas The proposal would maintain views from the upper level of the precinct in accordance with control C3, and the proposed roof is not cluttered with services or structures in accordance with control C4. Part 3 - L.5 New buildings and non-contributory buildings Part 3 - L.5.1 Building siting and alignment



The proposal is satisfactory with regards to siting and alignment for the following reasons:

The proposal maintains the existing front setback and alignment pattern. The proposal maintains the existing side setback pattern. The adjacent properties provide a 7m rear setback. The subject site provides a significantly

greater rear setback than 7m. The proposal maintains the existing location of the rear elevation of the building. The proposal includes a new rear deck which replaces an existing smaller rear deck. The

proposed rear deck generally aligns with the rear decks and balconies to the adjacent properties located to the east.

The owners of No. 3 have objected to the proposed rear setback and requested that the rear deck and canopy are deleted. Given that the deck accords with Council’s siting and alignment requirements, and is in keeping with the adjoining neighbouring decks, such a modification is not supported.

Part 3 - L.5.2 Building Height The height of the proposed building respects the natural landform of the precinct and adequately maintains views in accordance with control C12 At RL 26.36 the pitched roofs to the proposed dwelling are 0.62m lower than the ridgeline of No. 3 Salisbury Street to the east. This is in accordance with control C13 which requires the height of new developments to be equal to or less than the predominant height of significant items within the streetscape. Part 3 - L.5.3 Building Form The proposal originally incorporated gabled roof forms to the first floor addition. These were amended on 24 August 2011 to hipped roof forms in order to maintain a greater level of views to the neighbouring properties. With regards to the impact upon the Heritage Conservation Area the gabled roof forms are preferable. However, it is acknowledged that the hipped roof forms directly result in a greater retention of views to the neighbouring properties. The amended proposal has been reviewed by Council’s Heritage Officer who has confirmed that the proposal is satisfactory with regards to maintaining the character of the Heritage Conservation Area. The proposal generally accords with controls C14 and C15.



Part 3 - L.5.4 Building Materials and details In consultation with Council’s Heritage Conservation Officer and Council’s Planning staff, the proposal has been amended to incorporate painted render to the walls and unglazed terracotta tiled pitched roofs. This directly accords with the requirements of control C16. Part 3 - L.6 Landscaping and private open space The building, garage footprint and paved surfaces do not exceed 70% of the site area and adequate soft landscaping is retained. This accords with control C17. Part 3 - L.7 Fences and walls To ensure a satisfactory visual impact upon the heritage conservation area condition C.1 requires the height of the front fence to Salisbury Street to be a maximum height of 1.2m (measured from the ground level within the site). The proposal includes the reconstruction of the existing sandstone retaining wall to Hopetoun Avenue using the existing sandstone block. The existing high white fence will be replaced with an open style metal fence and landscaping which will improve the streetscape presentation. A rendered wall would be located behind the metal railings. In accordance with Council’s Heritage Officer’s advice, openings have been provided within the rendered wall to ensure a satisfactory visual impact upon the Heritage Conservation Area. Subject to the recommended condition, the proposal generally accords with controls C20 and C21. Part 3 - L.8 Carparking and access The proposed garage is located at basement level and is contained within the footprint of the building. This enables the removal of the existing single garage located on the corner of Hopetoun Avenue and Salisbury Street. The existing garage detracts from the character of the conservation area and the proposal therefore improves the streetscape presentation in this regard. The proposal ensures that the garaging at the subject site is not built to the street alignment and is integrated within the building in accordance with control C22.



Part 4 General Development Controls Part 4 - 4.2 Topography and vegetation The proposal upholds the relevant objectives and controls of section 4.2 for the following reasons:

The proposal respects the topography of the site. Subject to conditions, the proposal will adequately retain the existing vegetation within the

site. The height of the proposed dwellings accords with the height of the neighbouring dwellings

and steps down in height with the topography of the land. Part 4 - 4.3 Townscape The proposal upholds the relevant objectives and controls of section 4.3 for the following reasons:

The proposal largely retains the existing setbacks and alignment. The proposal retains a one and two storey presentation to Salisbury Street. The proposal does not significantly increase the height of the existing building.

Part 4 - 4.5 Views and vistas Public Views The proposed development would not unreasonably impact upon any public views or vistas. The proposal would result in a slight increase to the Harbour views available from the western corner of Salisbury Street as a result of the demolition of the existing garage.



View from the western end of Salisbury Street of the Harbour including the Harbour Bridge and City Skyline. These views are not impacted by the proposal.

View from the eastern side of Salisbury Street of the Harbour. The removal of the existing garage would result in a slight increase to the available water views.

The proposal would accord with objectives O1, O2, O3, O4, and O5 of section 4.5. Private Views The owners of the following properties have raised concerns in relation to loss of views:

6/292 Old South Head Road 294 Old South Head Road 296 Old South Head Road 1/302 Old South Head Road 2 Salisbury Street 3 Salisbury Street

In consultation with Council staff, the applicant submitted amended plans on 24 August 2011 in order to reduce the view loss impacts to No. 3 Salisbury Street. The amendments resulted in the following:

Existing garage to be demolished.



The relocation of the master bedroom and the lowering of the roofline. These amendments ensure that views of the Harbour Bridge and city skyline are retained to the master bedroom of No. 3 Salisbury Street. Furthermore, the lowering of the roofline provides a greater water interface with the Harbour Bridge than currently exists.

The deletion of the bbq roof, the reduction to the height of the bbq screen wall, and the reduction to the size of the first floor balcony. These amendments ensure that a view corridor to the Harbour Bridge is retained to the main ground floor living area of No. 3 Salisbury Street.

In addition it is noted that the proposal includes the removal of the existing Brush Box tree which is located within the rear of the subject site. The removal of this tree opens up new views to the following properties No. 3 Salisbury Street, No 2 Salisbury Street, No. 294 Old South Head Road, No. 296 Old South Head Road, and 1/302 Old South Head Road. The exact impacts of the removal of this tree are discussed in greater detail below. The proposal would increase the level of views to 1/302 Old South Head Road (through the removal of a tree). No further assessment will be made in relation to this property. The remaining properties will experience a degree of view affectation. The extent of the impact is assessed below. In assessing the reasonableness of views loss, this report has had regard to the case law established by Tenacity Consulting v Warringah [2004] NSWLEC 140 (pars 23-33) which has established a four-step assessment of view sharing. The steps are as follows: 1. What is the value of the view? The Court said: "The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured." Views affected by the proposal are as follows:

Views of Sydney Harbour and Foreshore. Partial views of the city skyline. Partial views of the Harbour Bridge.

2. From what part of the property are views obtained? The Court said: "The second step is to consider from what part of the property the views are obtained. For example, the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic." 6/292 Old South Head Road: The water and foreshore views are obtained from the living area windows and balcony across the front (northern) and side (western) boundaries.



Magnified photograph from the living room window to 6/292 Old South Head Road

294 Old South Head Road: The water, foreshore, Harbor Bridge, and city skyline views are obtained from the living area, kitchen area, master bedroom and secondary living area and terrace across the rear (western) boundary.

Photograph from first floor terrace of 294 Old South Head Road

296 Old South Head Road: The water, foreshore, Harbor Bridge, and city skyline views are obtained from the living area, and terrace across the rear (western) boundary.

Subject site

Subject site




2 Salisbury Street: Water and foreshore views are obtained from the front verandah and second bedroom across the front (northern) and side (western) boundaries. Water, foreshore, Harbor Bridge, and city skyline views are obtained from the first floor master bedroom across the front (northern) and side (western) boundaries.

Photograph from the master bedroom of 2 Salisbury Street

3 Salisbury Street: Filtered (through vegetation) views of the water, foreshore, Harbor Bridge, and city skyline are obtained from the ground floor balcony and living area, first floor living area and balcony across the side (western) boundary.

1 and 3 Salisbury Street

Subject site



Water, foreshore, harbor bridge, and city skyline views are obtained from the first floor master bedroom across the side (western) boundary.

Photograph ground floor living area Photograph first floor living area

Photograph first floor balcony Photograph first floor masterbedroom

3. What is the extent of the impact? The Court said: "The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating."



6/292 Old South Head Road:

Magnified photograph from the living room window to 6/292 Old South Head Road

One of the proposed pitched roof elements will result in a minor reduction to the water views

that are available to the first floor living area and terrace. Given the level of water views that are retained, the view loss is considered to be minor. 294 Old South Head Road:


The proposed pitched roofs would not extend beyond this point.

Tree to be removed resulting in view gain.

Area of view loss



The proposal will retain the iconic and water views that are available to the ground floor living area and kitchen.

The two proposed pitched roof elements will result in a minor reduction to the water views that are available to the first floor living area and terrace.

The removal of the Brush Box tree will open up new water views. Given that the iconic views are to be retained and the view loss is limited to a minor reduction

of the water views, the view loss is considered to be minor. 296 Old South Head Road:


The proposal will fully retain the iconic and water views that are available of the Harbor Bridge and city skyline.

The two proposed pitched roof elements will result in a minor reduction to the water views that are available to the first floor living area and terrace.

The removal of the Brush Box tree will open up new foreshore and water views. Given that the iconic views are to be retained in full and the view loss is limited to a minor

reduction of the water views, the view loss is considered to be minor. 2 Salisbury Street:



The proposed roof would not extend beyond this point.

Views not impacted by the proposal




The proposal will fully retain the iconic and water views that are available of the Harbor Bridge

and city skyline. The two proposed pitched roof elements will result in a minor reduction to the water views that

are available to the first floor master bedroom. The removal of the brush box tree will open up new Watson Bay foreshore views. Given that the iconic views are to be retained in full and the view loss is limited to a minor

reduction of the water views, the view loss is considered to be minor. 3 Salisbury Street: Ground floor living area:

Standing views from the ground floor living area.

The proposed roof would not extend beyond this point.


Top of screen wall

Approximate location of canopy

View corridor (containing Harbour Bridge) with increased views due to the removal of the tree



Seated views from the ground floor living area by the dining table.

Standing views from the ground floor living area.

Approximate location of canopy

Top of screen wall when seated

View corridor with increased views due to the removal of the tree

Seated water views removed by the screen wall.

Location of canopy

Top of screen wall

View corridor with increased views due to the removal of the tree



Seated views from the sofa in the ground floor living area

The proposal will maintain the standing and seated Harbour Bridge views from the main living

area. Furthermore, the removal of the brush box tree will ensure that there are a greater degree of uninterrupted views of the Harbor Bridge from the ground floor living area.

The proposal will reduce the seated water views, but will largely retain the standing water views. The standing water views will be increased through the removal of the existing brush box tree.

Ground floor balcony:

Standing views from the ground floor balcony.

Brush Box tree to be removed resulting in view gain of the Harbour Bridge and city skyline.

Location of canopy

Top of screen wall

Location of canopy

Top of screen wall

View corridor with increased foreshore views due to the removal of the tree

Vegetation of Brush Box tree to be removed resulting in view gain of the water.



The proposal will maintain the standing and seated Harbour Bridge views from the ground floor balcony. Furthermore, the removal of the Brush Box tree will ensure that there are a greater degree of uninterrupted views of the Harbor Bridge.

The proposal will reduce the seated water views, but will largely retain the standing water views. The standing water views will be increased through the removal of the existing brush box tree.

First floor master bedroom:

Standing views from the first floor master bedroom.

Standing views from the first floor master bedroom.

View loss from the proposed pitched roof.

The RL of the new roof is approximately 350mm lower than the existing ridge.

View loss to Watson Bay from the proposed pitched roof.

Water and foreshore views retained.



The proposal will maintain the Harbour Bridge and city skyline views from the first floor master bedroom.

Furthermore the lowering of the front section of roof will increase the water interface with the harbor bridge.

The proposal will remove the views of Watsons Bay currently afforded to the master bedroom. First floor living area:

Standing views from the first floor living room.

Seated views from the first floor living room.

Vegetation of Brush Box tree to be removed resulting in view gain of the water.

Vegetation of Brush Box tree to be removed resulting in significant view gains of the water and foreshore.

The removal of the filtered views of the city skyline and Harbour Bridge. Vegetation of Brush Box tree

to be removed resulting in significant view gains of the water and foreshore.



Magnified city skyline and Harbour Bridge views from a seated position in the first floor living room.

The first floor living area is currently afforded filtered (through vegetation) views to the Harbour Bridge and the city skyline.

The proposal will remove the filtered views of the city skyline from the first floor living area. The proposal will reduce the views of the Harbour Bridge which are currently available from

the first floor living room. Views of the Harbour Bridge will only be available from the northern end of the first floor living room. The removal of the brush box tree will ensure that these views are uninterrupted.

The proposal will increase the level of water and foreshore views to the north of the proposed first floor addition through the removal of the brush box tree.

Brush Box tree to be removed thus providing uninterrupted views of the Harbour Bridge when stood at the northern end of the living room.



Balcony:

The balcony is currently afforded heavily filtered (through vegetation) views to the Harbour Bridge and the city skyline.

The proposal will remove a portion of the heavily filtered city views. The proposal will retain the Harbour Bridge views. The Harbour Bridge and city views that are retained will no longer be interrupted by vegetation

as a result of the removal of the brush box tree. Furthermore the removal of this tree will provide a greater level of water views to the west and north west.

In accordance with the Land and Environment Court view loss planning principle, the extent of the impact is assessed for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas. The view loss for the property as a whole is considered to be moderate for the following reasons: The ground floor living area is larger than the first floor living area and has direct access to the

kitchen and garden. It is therefore considered to be the principle living area. The retention of the iconic views to this room is considered to be important.

The proposal has been amended to ensure that the standing and seated views of the Harbour Bridge to the ground floor living area are retained. The proposal will also open up the standing water views to the ground floor living area by removing the existing vegetation.

The proposal has been amended to ensure the views of the Harbour Bridge are retained to the master bedroom.

The proposal will open up the iconic views of the Harbour Bridge and the views of the water, to the ground floor and first floor balconies, through the removal of the existing brush box tree.

It is acknowledged that the proposal will remove: some of the seated water views to the ground floor living room, the views of Watson’s Bay to the master bedroom, and the city skyline views and some of the Harbour Bridge views to the first floor living area.

Brush Box tree to be removed thus providing uninterrupted views of the Harbour Bridge and city skyline and harbour when stood on the balcony



The views to No. 3 are obtained across a side boundary, over the roof of a largely single storey building. As set out in the Land and Environment Court view loss planning principle, the protection of views across side boundaries are more difficult to protect than views from front and rear boundaries.

4. What is the reasonableness of the proposal that is causing the impact? The Court said: "The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable." The following comments are made with regards to the reasonableness of the proposal: The views to the neighbouring properties are currently largely afforded over the roof of the

subject building which is predominantly a single storey building. The provision of a new first floor level to the subject building is not considered to be unreasonable.

Whilst a small section of the rear pitched roof results in a breach of the height standard, requiring deletion of the pitched roof is unreasonable given that the pitched roofs are required to ensure the proposal has a satisfactory impact upon the Heritage Conservation Area.

Furthermore, where possible the applicant has introduced modifications which represent a more skillfull design to afford the neighbouring properties with a greater level of views. It is noted that: The front section of roof is set 1.3m-5m below the 8.2m height standard. This ensures

that the harbour bridge views to the master bedroom of No. 3 and the living areas of No. 294 are largely or wholly retained.

The rear first floor balcony is setback 3.3m further than the rear balcony to No. 3, thus retaining a view corridor to the rear of the building.

The ground floor balcony screen wall has been significantly reduced in height. It is noted that the views to No. 3 Salisbury Street which are affected by the height non-

compliance are gained as a result of existing non-compliances with Council’s height standard. The upper level of No. 3 Salisbury Street exceeds Council’s height standard by 1m.

It has been requested that the proposed rear balcony, canopy and bbq area are all deleted. This is not supported as the proposal upholds Council’s rear setback requirements by projecting a similar distance to the rear as the existing rear terraces and balconies to the adjacent properties.

It has been requested that the proposed ground floor rear balcony is relocated to the western side of the property adjacent to Hopetoun Avenue, this is not supported for the following reasons: The proposed location of the outdoor space would largely be adjacent to the two

bedrooms rather than the main living area. This is contrary to the WB HCA DCP. Locating the private open space to the rear of the dwelling provides a more useable area

of private open space by separating the open space from a busy road. The building envelope of the proposed development is in keeping with surrounding

development.



For these reasons the view loss is considered to be reasonable. However, to ensure that a reasonable level of views is retained throughout the ongoing use of the development, the following condition (C.1 and I.3) is included as part of the recommendation: To ensure the proposal maintains an adequate level of views to the neighbouring property, a view corridor (benefitting No. 3 Salisbury Street) shall be maintained over the ground floor rear deck. To ensure that this view corridor is maintained:

No plantings shall be located which block views across the ground floor rear deck. No structures, plants, furniture or other objects, shall be located on the ground floor

rear deck which block view across the rear deck. Subject to the above conditions, the proposal generally accord with the requirements of section 4.5. Part 4 - 4.6 Built form Part 4 - 4.6.1 General Controls Floor Space Ratio Control C1 (Part 4.6.1) sets a maximum FSR of 0.55:1 (346.8m2) for the site. The proposal has a gross floor area of 448.59m² and a FSR of 0.71:1. This represents a non-compliance of 101.79m2. The proposal is acceptable for the reasons set out below: The basement level comprises of 118m2 of gross floor area. The proposed basement level is

largely located below ground and would not significantly add to the bulk of the building. Consideration has been given to the judgement of Commissioner Watts in the Land and Environment Court case of Edgar Allan Planning Pty Limited v Woollahra Municipal Council. Commissionr Watts supported a floor space non-compliance on the basis that the non-compliant FSR would not add to the visible bulk of the building.

The above ground gross floor area would accord with the FSR control. The proposal would maintain an adequate level of residential amenity to the neighbouring

properties. Subject to the recommended conditions, the proposal would uphold the WB HCA DCP’s objectives in relation to views, privacy and solar access.

The proposal has been reviewed by Council’s Heritage Officer who has confirmed that the proposal would have a satisfactory impact upon the heritage significance of the WB HCA.

The proposal will read as one and two storeys to Salisbury Street and three storeys to the rear. This is in keeping with the adjoining property (3 Salisbury street).

The proposed floor space ratio is compatible with the adjoining properties. The FSR of 3 Salisbury Street and 294 Old South Head Road, significantly exceeds the applicable 0.55:1 FSR control. The FSR at No. 3 Salisbury street is in the region of 1.29:1 and the FSR for No. 294 Old South Head Road is in excess of 0.84:1.

Building footprint The building, garage footprint and paved surfaces do not exceed 70% of the site area. Furthermore the proposal retains significantly exceeds the DCP requirements for soft landscaping. The proposal accords with control C1.



Siting and alignment The siting and alignment are satisfactory for the reasons set out in the ‘Precint specific control’ section above. In addition: The proposal adequately retains the character of the streetscape. The proposal has been reviewed by Council’s Tree and landscaping Officer who has

confirmed that, subject to conditions, the proposal is satisfactory with regards to the retention of existing landscaping.

The proposal would maintain an adequate level of residential amenity to the neighbouring properties. Subject to the recommended conditions, the proposal would uphold the WB HCA DCP’s objectives in relation to views and privacy.

The proposal fully accords with control C5 in relation to the retention of solar access. Specifically the orientation of the subject site will ensure that the proposal casts no shadows on the private open space of the adjacent properties.

Whilst the proposal involves excavation works for the proposed garage, the excavation is largely contained within the building footprint. The provision of a basement level garage ensures that the proposed garaging would not detract from the character of the conservation area.

With the exception of the driveway the bulk excavation associated with the basement level is setback 1.5m or greater from the boundaries of the site. This is satisfactory with regards to C9.

Building height Control C1 requires buildings to not exceed two storeys. The proposed building is part one, part two and part three storey. The proposed dwelling will present as one and two storey to Salisbury Street and three storey to Hopetoun Avenue and the rear. This is in keeping with the surrounding streetscape which is characterised by a mix on one, two and three storey developments. Control C2 states that: ‘Other than where the maximum statutory height control is 9.5metres, two storey buildings are not to exceed the following dimensions, measured in a vertical line above natural ground level, as shown in Figure 4.16. – maximum external wall height of 6.7m to the underside of eaves or top of parapet (where

proposed); – 8.2m measured overall, ie to the top of the roof’. The proposal largely provides an external wall height of 6.7m or less. The overall height of 6.9m- 9.2m, breaches the 8.2m overall height control by up to 1m. The non-compliance is limited to a small section of roof to the rear, which is located above the existing basement storage level. As discussed above the proposed roof height is considered to be satisfactory. The non-compliance would not adversely impact upon the character of the area or the residential amenity of the neighbouring properties. Materials and details Satisfactory for the reasons set out in the ‘Precinct specific control’ section above.



Part 4 - 4.6.3 New buildings and non-contributory buildings Subject to conditions, the proposal accords with the general objectives and control of section 4.6.3. Building siting and alignment The siting and alignment are satisfactory for the reasons set out in the ‘Precinct specific control’ and ‘general control’ sections above. In addition: The proposal accords with objective O5 which encourages the retention or creation of useable

open space at the rear of sites. With the exception of one section of ground floor wall (which is retained from the existing

dwelling) the proposed dwelling is setback 1.5m from the side boundaries of the subject site. The existing non-compliance would not result in any unreasonable impacts to the amenity of the neighbouring property.

The proposed proportion of site coverage at the subject site is generally less than that of adjoining properties. This exceeds the expectations of control C3.

Building height The building height is satisfactory for the reasons set out in the previous sections of this report. Building form The building form is satisfactory for the reasons set out in the ‘Precinct specific control’ and ‘general control’ sections above. In addition: The provision of the pitched roofs ensures that the proposal accords with controls C2 and C3

which require new buildings to respect traditional roof forms which are hipped, gabled or skillion in form.

Building character As discussed above, whilst it would be desirable to incorporate the originally proposed gabled roof forms, the proposal has been amended to a hipped roof form to maintain a greater level of views to the neighbouring properties. The proposal forms a contemporary design which, through the incorporation of the hipped roof forms, responds to the historic character of the area. The proposal generally accords with the building character objectives and controls. Building materials and details Satisfactory for the reasons set out in the ‘Precinct specific control’ section above. Whilst the proposal incorporates modern materials Council’s Heritage Officer has confirmed that the proposed design is an appropriate response to the Heritage Conservation Area. The proposal generally accords with the aims and objectives of section 4.6. Part 4 - 4.7 Landscaping and private open space Part 4 - 4.7.1 Private Open Space



The proposal is satisfactory with regards to the provision of private open space for the following reasons: The proposal accords with the open space area requirements prescribed by C1. The proposed rear ground floor deck ensures that part of the private open space is capable of

serving as an extension of the dwelling and is directly accessible from the main living areas in accordance with C2.

No change in levels is proposed to the garden area in accordance with C3. Furthermore subject to conditions the proposed private open space would adequately maintain the amenity of the adjoining properties.

C5 requires landscaping to blend the development into the streetscape. Furthermore the landscaping should not block any public views or vistas. The proposal is satisfactory in this regard.

Part 4 - 4.7.2. Soft landscaping and stormwater infiltration The proposal accords with the soft landscaping requirements prescribed by C1, C2, and C3. Part 4 - 4.7.3 Trees and vegetation The subject site contains a number of mature trees, which are to be retained, with the exception of the Brush Box tree located to the rear of the dwelling. Council’s Tree and Landscaping Officer has reviewed the proposal and confirmed that: ISSUES Removal of a Lophostemon confertus (Brush Box) due to conflict with footprint of deck and

kitchen Deck and stairs to be supported on piers to minimise impact on Washingtonia robusta

(Washington Palm) COMMENTS Tree 1 Lophostemon confertus (Brush Box) is positioned in the rear of the property adjacent to the north-eastern corner of the existing dwelling. This tree has fair health evidenced by the quantity of medium sized dead wood throughout the crown. This tree has an estimated life expectancy of 5-15 years. The Brush Box provides a high contribution to the canopy cover and amenity of the surrounding area as it can be seen from adjacent properties and streets. This tree will be required to be removed due to direct conflict with the proposed dining room extension and deck footprint. There are several medium sized canopy trees in the rear of the property. There is insufficient area in the property for a replacement tree. The Arboricultural Impact Assessment, written by TALC, dated 20 September 2011 notes the following works are proposed at the base of Tree 2 Washingtonia robusta (Washington Palm) Removal of paving surrounding the tree Installation of turf



Construction of decking and stairs above grade To minimise the impact to this tree, piers to support the deck and stairs should not be placed within 3m from the tree’s base. RECOMMENDATIONS Council’s Tree and Landscape Officer has determined that the development proposal is satisfactory in terms of tree preservation and landscaping, subject to compliance with the following Conditions of Consent. The Tree Protection Guidelines (Appendix D) and Tree Protection Zone Standard Procedure (Appendix E) of the Arboricultural Impact Assessment, written by TALC, dated 20 September 2011 should be incorporated as part of any conditions of development consent. The decision to not replace the existing Brush Box Tree is supported for the following reasons: The proposal retains a sufficient level of existing mature plantings within the site. The removal of the Brush Box will open up the views afforded to the neighbouring properties.

This is in accordance with control C3 and C4. Subject to conditions, the proposal maintains an adequate level of privacy to the neighbouring

properties. The following conditions are included as part of the recommendation A3, B2, B3, C6, E7, E8, E9, E10, E11, F2, and I2. These require: Tree Protection Zones, an arborist to carry out periodic inspections, tree management details, tree preservation measures, restrictions on level changes within the vicinity of trees, hand excavation within tree root zones, restrictions on footings within the vicinity of trees, amenity landscaping and the maintenance of landscaping. A number of objectors have raised concerns that a landscape plan has not been submitted with the proposal. A landscape plan was submitted on 04 November 2011. This includes hedging to the side and front boundaries of the site and a Frangipani tree within the front setback. Condition C12 requires the proposed plants and trees to have a maximum mature height of 3m. Furthermore, conditions C.1 and I.3 ensure that, in the future, no landscaping will block the view corridor available to No. 3. Subject to conditions which have been included as part of the recommendation the proposal generally accords with the aims and objectives of section 4.7. Part 4 - 4.8 Fences and walls The proposed fences are satisfactory for the reasons set out in the ‘Precinct specific control’ and ‘general control’ sections above. Subject to conditions imposed on the consent, the proposal generally accords with the aims and objectives of section 4.8.



Part 4 - 4.9 Car parking The proposed garage is located at basement level and is contained within the footprint of the building. This enables the removal of the existing single garage located on the corner of Hopetoun Avenue and Salisbury Street. The existing garage detracts from the character of the conservation area and the proposal therefore improves the streetscape presentation in this regard. The access to the garage has been amended to ensure the proposed driveway would not adversely impact upon the existing bus stop on Hopetoun Avenue. Council’s Traffic Engineer has reviewed the proposal and confirmed that the amended garage location would improve the situation for Sydney Buses as the location of the driveway will dissuade potential illegal parkers from this location. Subject to the recommended conditions of consent the proposal is satisfactory with regards to the objectives and requirements of section 4.9. Part 4 - 4.10 Site facilities and aerial devices The proposal generally accords with the aims and objectives of section 4.10. Part 4 - 4.11 Stormwater management Subject to conditions which have been imposed upon the consent, the proposal generally accords with the aims and objectives of section 4.11. Part 4 - 4.12 Design for energy efficiency Condition C9 states that north facing windows to habitable rooms of neighbouring dwellings are not to have sunlight reduced to less than three hours between 9am and 3pm on 21 June. The proposal fully accords with this control. Subject to conditions which have been imposed upon the consent, the proposal generally accords with the aims and objectives of section 4.12. Part 4 - 4.13 Acoustic and visual privacy The objectives of section 4.13 requires development to minimise the impact of new development on the acoustic and visual privacy of existing development on neighbouring lands. The proposal is satisfactory with regards to section 4.13 for the following reasons: The principal area of private open space (the ground floor rear deck) is located away from the

Hopetoun Avenue. As Hopetoun Avenue is a potential noise source, this accords with control C5.

No new windows are proposed on the eastern elevation, and the siting of the existing windows which are to be retained, adequately minimises direct overlooking to the neighbouring property to the east.

There is a sufficient separation distance between the windows and decks to the north, south, and west elevations, and the neighbouring properties, to prevent any unreasonable impacts in terms of overlooking.

A 2.1m high privacy screen is located to the eastern edge of the ground floor rear balcony. This will maintain an adequate level of privacy to the owners of No. 3 Salisbury Street.



The owners of No. 3 have raised concerns regarding overlooking from the northern edge of the deck, which extends beyond the proposed privacy screen. This section of the deck is setback 5.7m from the side boundary with No. 3 Salisbury Street. This is considered to be a sufficient separation distance given that the existing ground floor rear deck at No. 3 is located at a higher level, is unscreened, and is setback only 1.4m from the side boundary with the subject site.

The first floor rear balcony is adequately screened and separated from No. 3 Salisbury Street to ensure that an adequate level of privacy is retained. It is noted that a similar sized and unscreened first floor balcony is located at No. 3 Salisbury Street.

A louvred canopy is located over a portion of the ground floor rear deck to provide a greater degree of privacy to the subject site. The adjoining neighbouring property, No. 3Salisbury, has three large floor to ceiling height windows located in the western side elevation and an unscreened first floor rear balcony, which afford direct views to the open space of the subject site. The owners of No. 3 Salisbury Street have objected to the proposed canopy on the basis that it would adversely impact upon views. Given that the canopy would maintain an adequate level of views to the No. 3 Salisbury Street and improve the level of visual privacy to the subject site the retention of the canopy is supported. Furthermore, the provision of the proposed canopy accords with objective O3.

The proposal is satisfactory with regards to the provisions of section 4.13. Part 4 - 4.14 Access mobility The proposal is satisfactory with regards to the provisions of section 4.14. 13.2 Parking Development Control Plan

The proposal generally accords with the objectives of the Parking Development Control Plan. 13.3 Woollahra Access DCP

The proposal is considered to be satisfactory with regard to the provisions of this policy. 13.3 Other DCPs, codes and policies

Woollahra Landscaping Code Section 5.4.2 of the Woollahra Landscaping Code states: - ‘the rights of neighbours to their views should be considered. The likely impacts of plants when they are fully grown should be taken into account. Trees with open canopies should be chosen, rather than trees with densely massed leaves and branches.’ The proposal includes the removal of an existing brush box tree at the subject site, which will open up the views available to a number of the neighbouring properties. The proposal includes hedging to the side and front boundaries of the site and a Frangipani tree within the front setback. To ensure the proposed landscaping does not unreasonably impact upon the views afforded to the neighbouring property Condition C.12 requires the proposed plants and trees to have a maximum mature height of 3m. Furthermore, Conditions C.1 and I.3 ensure that a view corridor will be maintained to the rear of the property.



Subject to conditions the proposal generally accords with the Woollahra Landscaping Code. 14. APPLICABLE REGULATIONS

The proposal would comply by condition. 15. THE LIKELY IMPACTS OF THE PROPOSAL

All likely impacts of the proposed development have been assessed elsewhere in this report. 16. THE SUITABILITY OF THE SITE

The site is within a Class 5 Acid Sulphate Soil area identified in the Planning NSW Acid Sulphate Soil Risk Map. The proposed works are not likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land. The site is therefore considered suitable for the proposed development. 17. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Submissions were received from or on behalf of nine neighbouring properties: 1. JBA Planning (on behalf of 3 Salisbury Street) – PO Box 375, North Sydney NSW 2059. 2. D. Wedekind – (owner of 1/302 Old South Head Road) – Brogan and Scaltrito, GPO Box

5024, Sydney NSW 2001. 3. W. Leahy – 11/290 Old South Head Road, Watsons Bay 2030. 4. P.R. Gibson and G.M. Curtin – 296 Old South Head Road, Watsons Bay 2030. 5. E.A and P.A. Robinson – 294 Old South Head Road, Watsons Bay 2030. 6. Design Collaborative (on behalf of 294 Old South Head Road) – Suite 401, Level 4, 225

Clarence Street, Sydney NSW 2000. 7. M. Oayda – 2 Salisbury Street, Watsons Bay NSW 2030. 8. J. Morgan – 298 Old South Head Road, Watsons Bay NSW 2030. 9. K. Prichard – 304 Old South Head Road, Watsons Bay NSW 2030. 10. B. Roberts – 6/292 Old South Head Road, Watsons Bay NSW 2030. 11. Moody and Doyle Pty Ltd (on behalf of 3 Salisbury Street) – Suite 102, 25-29 Berry Street,

North Sydney NSW 2060. The objections raised the following issues which are addressed within the body of the report: Views Acoustic and visual privacy Bulk and scale Setbacks Sunlight Access Landscaping Heritage Overdevelopment Height FSR Visual impacts and design



Impact upon the existing bus stop on Hopetoun Avenue. In addition, the objections raised the following issues which are addressed below: Insufficient information - Sufficient information has been provided to enable an assessment of the application. The proposal should include the removal or maintenance of the trees to the northern end of the

subject site. - The modification or removal of the trees to the northern end of the subject site does not form

part of the subject development application, and is therefore beyond the scope of the assessment.

The need for height poles

- Surveyor certified height poles were erected on 28 July 2011. 23 September 2011, and 26

October 2011.

Neighbour notification - The proposal was notified on 15 June 2011 and 31 August 2011 in accordance with Council’s

Advertising and Notifications DCP. Description of proposal - The description of the proposal is considered to be satisfactory.

The replacement application submitted on 24 August 2011 was renotified. The replacement application submitted on 04 November 2011 was not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the replacement application is substantially the same development as the original proposal and considered to have no greater environmental impact upon neighbours. 18. CONCLUSION - THE PUBLIC INTEREST

The proposal is acceptable against the relevant considerations under s79C and would be in the public interest. 19. DISCLOSURE STATEMENTS

Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 20. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and

Assessment Act, 1979



THAT the Council, as the consent authority, grant development consent to Development Application No. 231/2011 for the demolition of the existing dwelling-house (retention of some building fabric), substantial alterations and additions including a new first floor level, new garage, siteworks on land at 5 Salisbury Street, Watsons Bay, subject to the following conditions:

AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 231/2011 is consistent with the aims of the Policy, grant development consent to DA No. 231/2011 for the demolition of the existing dwelling-house (retention of some building fabric), substantial alterations and additions including a new first floor level, new garage, siteworks on land at 5 Salisbury Street Watsons Bay, subject to the following conditions: A. General Conditions A.1 Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1

A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: The collection of stormwater,



The retention of stormwater, The reuse of stormwater, The detention of stormwater, The controlled release of stormwater; and Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: the use of land in connection with development, the subdivision of land, the erection of a building, the carrying out of any work, the use of any site crane, machine, article, material, or thing, the storage of waste, materials, site crane, machine, article, material, or thing, the demolition of a building, the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land, the delivery to or removal from the site of any machine, article, material, or thing, or the occupation of the site by any person unless authorised by an occupation certificate.

Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2



A.3 Approved Plans and supporting documents

Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition. Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved.

Reference Description Author/Drawn Date(s)

5 Salisbury Street Arboricultural Impact Assessment

TALC 20 Sept 2011

5 Salisbury Street Arboricultural Impact Assessment

TALC 23 Jun 2011

DA 01 DA 02 DA 03 DA 04 DA 05 DA 06 DA 07 DA 08 DA 09 DA 10

Architectural Plans Manapo Pty Ltd 22/08/11 03/11/11 22/08/11 22/08/11 22/08/11 22/08/11 22/08/11 24/10/11 22/08/11 22/08/11

A112189 BASIX Certificate Department of Planning 11 May 2011 Dwg. No. 128/c-315/11-1/1

Stormwater disposal concept plan

MSP Consulting and Constructions P/L 27/06/2011

12366/1-AA Geotechnical Report Geotechnique P/L 4 Nov 2010 Referral Response Council’s Traffic Engineer 20/10/2011 Dwg No. DLP 01 Driveway Profile Manapo P/L 03/11/2011 L01 C Landscape Plan Pod Landscape and Architecture 04/11/2011

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped

approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A5

A.4 Ancillary Aspect of the Development (s80A(2) of the Act)

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense.

Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and

preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8



A.5 Development Consent is not granted in relation to these matters

This approval does not give consent to the replacement garden glass house as no details have been provided for assessment. A separate Development Consent or Complying Development Certificate and Part 4A Certificates, as appropriate, will need to be obtained prior to the such development work commencing.


B. Conditions which must be satisfied prior to the demolition of any building or

construction B.1 Construction Certificate required prior to any demolition

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act.

Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1

B.2 Establishment of Tree Protection Zones

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas

Council Ref No

Species Location Radius from Trunk (Metres)*

2 Washingtonia robusta (Washington Palm)

Rear of property 3

Note: Where this condition relates to street trees and the fence cannot be placed at the specified radius,

the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected.

b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh

fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) Trunk protection, to a maximum height permitted by the first branches, is to be installed around the trunks of the trees listed in the table below;

Council Ref No

Species Location

2 Washingtonia robusta (Washington Palm)

Rear of property

A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed



over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.

d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.

e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels.

g) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones.

Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

Standard Condition: B5

B.3 Arborists Periodic Site Inspection and Log

To ensure the condition and health of existing trees are maintained an arboricultural log book for the subject property is to be prepared by a qualified arborist and retained by the site foreman. Details of the arborists site inspection are to be recorded in the log during each visit. At each site visit the arborist must check and monitor the condition of existing trees and compliance with approved protection measures or recommend action to improve site conditions. As a minimum the following intervals of site inspections by a qualified arborist must be made.

C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: b) To ensure a satisfactory impact upon the streetscape and the heritage conservation area,

the front fence to Salisbury Street shall be a maximum height of 1.2m (measured from the proposed ground level within the subject site.

Stage of arboricultural

inspection

Minimum considerations at each stage

Additional visits required determined by arborist

notes/comments Prior to the demolition of any building or construction.

Correct installation of Tree Protection Zone barriers.

Make additional site visits as deemed necessary for ongoing monitoring/supervisory work.

During development work.

Tree Preservation and approved works are complied with. Monitor condition of trees.

Prior to the issue of a Final Occupation Certificate.

Supervise the dismantling of tree protection measures.

Make additional site visits as deemed necessary for ongoing monitoring of tree vigour.



c) To ensure the proposal maintains an adequate level of views to the neighbouring property, a view corridor (benefitting No. 3 Salisbury Street) shall be maintained over the ground floor rear deck. To ensure that this view corridor is maintained:

No plantings shall be located which block views across the ground floor rear deck. No structures, plants, furniture or other objects, shall be located on the ground

floor rear deck which block view across the rear deck. Note: The effect of this condition is that it requires design changes and/or further information to be provided

with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act.

Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with.

Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent. Standard Condition: C4

C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the

Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate, subdivision certificate or occupation certificate, as will apply.

Description Amount Indexed Council

Fee Code LONG SERVICE LEVY

under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm

Contact LSL Corporation or use online calculator

No

SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit -making good any damage caused to any property of the Council

$16,880.00 No T115

DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2009

This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $7,440.00

+ Index Amount Yes,

quarterly T96

INSPECTION FEES under Section 608 of the Local Government Act 1993

Public Road/Footpath Infrastructure Inspection Fee

$420.00 No

Security Administration Fee $180.00 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES

$24,920.00 plus any relevant indexed amounts and long service levy

Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by:



Cash deposit with Council, Credit card payment with Council, or Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];

The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent;

The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and The bank’s obligations are discharged when payment to the Council is made in accordance with the

guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: The reasons given; Whether any prejudice will be caused to the community deriving benefit from the public facilities; Whether any prejudice will be caused to the efficacy and operation of this plan; and Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5



C.3 BASIX commitments

The applicant must submit to the Certifying Authority BASIX Certificate No A112189 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new

BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7

C.4 Road and Public Domain Works

A separate application under Section 138 of the Roads Act 1993 is to be made to, and approved by Council prior to the issuing of a Construction Certificate for the following infrastructure works, which must be carried out at the applicant’s expense: a) The full removal of the existing vehicle crossing on Salisbury Street. b) Reinstatement of the disturbed footpath and K&G on Salisbury Street in accordance

with Council’s standard drawing RF3. c) The construction of a full width vehicular crossings having a width of 4.5m in

accordance with Council’s standard driveway drawing RF2B. d) A design longitudinal surface profile for the proposed driveway must be submitted

for assessment.

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds.

Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application. Standard Condition: C13

C.5 Soil and Water Management Plan – Submission & Approval

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a) “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and b) “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book').



Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate.

Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant

experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ .

Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter. Standard Condition: C25

C.6 Tree Management Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a) trees to be numbered in accordance with these conditions, b) shaded green where required to be protected and retained, c) shaded yellow where required to be transplanted, d) shaded blue where required to be pruned, e) shaded red where authorised to be removed and, f) references to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan. Standard Condition: C30

C.7 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.

Note: This condition is imposed to ensure that the existing structure is able to support the additional loads

proposed. Standard Condition: C35

C.8 Professional Engineering Details

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation.

Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate.

Note: This does not affect the right of the developer to seek staged Construction Certificates.




C.9 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b) Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c) Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d) Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required.

e) Provide a Geotechnical and Hydrogeological Monitoring Program that: Will detect any settlement associated with temporary and permanent works and

structures; Will detect deflection or movement of temporary and permanent retaining

structures (foundation walls, shoring bracing or the like); Will detect vibration in accordance with AS 2187.2-1993 Appendix J including

acceptable velocity of vibration (peak particle velocity); Will detect groundwater changes calibrated against natural groundwater

variations; Details the location and type of monitoring systems to be utilised; Details the preset acceptable limits for peak particle velocity and ground water

fluctuations; Details recommended hold points to allow for the inspection and certification of

geotechnical and hydro-geological measures by the professional engineer; and; Details a contingency plan.


C.10 Bicycle, Car and Commercial Parking Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. The driveway levels on Hopetoun Avenue are to be amended as follows:

The existing footpath level and grade at the street alignment of the property must be

maintained.



The internal garage floor slab is to be adjusted on private property to match the existing street alignment levels.

Any adjustments required between the garage slab and the street levels are to be carried out internally on private property. The driveway levels are to comply with AS2890.1 and Council’s Standard Drawing RF2.

The access to the driveway is to include splays to allow adequate site distance to Traffic and pedestrians in accordance with AS2890.1 section 3.2.4. The dimensions of the splay are to be 2.0m X 2.0m in order to allow easy access into the parking bays.

Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent. Standard Condition: C45

C.11 Stormwater management plan (Clause 25(2) WLEP 1995)

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a) General design in accordance with Stormwater disposal concept plan prepared by MSP

Consulting and Constructions P/L dated 27/06/2011, Dwg. No. 128/c-315/11-1/1 other than amended by this and other conditions;

b) The discharge of stormwater, by direct connection, to K&G on Hopetoun Avenue; c) Compliance the objectives and performance requirements of the BCA; d) Any rainwater tank required by BASIX commitments including their overflow

connection to the Stormwater Drainage System, and e) General compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (draft version 1.1 public exhibition copy dated 14/12/2006).

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: All pipe layouts, dimensions, grades, lengths and material specification, All invert levels reduced to Australian Height Datum (AHD), Location and dimensions of all drainage pits, Point and method of connection to Councils drainage infrastructure. Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner.



C.12 Landscape Plan

The landscape Plan, referenced L01 C, prepared by Pod Landscape Architecture Pty Ltd, dated 04 November 2011, must be complied with, except as modified as follows: The proposed landscaping shall have a maximum mature height of 3m.

D. Conditions which must be satisfied prior to the commencement of any development

work D.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) in the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply: a) to the extent to which an exemption is in force under the Home Building Regulation

2004, b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Note: This condition must be satisfied prior to commencement of any work in relation to the contract of

insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia.

Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia. Standard Condition: D1

D.2 Security Fencing, Hoarding and Overhead Protection

Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.



Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either: a) The vertical height above footpath level of the structure being demolished is less than

4.0 m; or b) The least horizontal distance between footpath and the nearest part of the structure is

greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must: a) Extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b) Have a clear height above the footpath of not less than 2.1 m; c) Terminate 200mm from the edge of the carriageway (clearance to be left to prevent

impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

d) Together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.

The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm.



Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a

hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.

Standard Condition: D11

D.3 Site Signs

The Principal Contractor or owner builder must ensure that the sign/s required by clauses 98A and 227A of the Regulation is/are erected and maintained at all times. Clause 98A of the Regulation provides: Erection of signs For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed

as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the

work, and b. showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

Clause 227A of the Regulation provides: Signs on development sites

If there is a person who is the PCA or the principal contractor for any building work, subdivision work or demolition work authorised to be carried out on a site by a development consent or complying development certificate: Each such person MUST ensure that a rigid and durable sign showing the person’s identifying particulars

so that they can be read easily by anyone in any public road or other public place adjacent to the site is erected in a prominent position on the site before the commencement of work, and is maintained on the site at all times while this clause applies until the work has been carried out.

Note: Clause 227A imposes a penalty exceeding $1,000 if these requirements are not complied with. Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder

who must ensure that the sign is erected and maintained as required by Clause 98A and Clause 227A of the Regulation.


D.4 Toilet Facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:



a) must be a standard flushing toilet, and b) must be connected to a public sewer, or c) if connection to a public sewer is not practicable, to an accredited sewage management

facility approved by the council, or d) if connection to a public sewer or an accredited sewage management facility is not

practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.


D.5 Erosion and Sediment Controls – Installation

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and c) “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists

consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from www.woollahra.nsw.gov.au.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.



Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14

D.6 Building - Construction Certificate, Appointment of Principal Certifying Authority,

Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)

The erection of the building in accordance with this development consent must not be commenced until: a) A construction certificate for the building work has been issued by the consent

authority, the council (if the council is not the consent authority) or an accredited Certifier, and

b) The person having the benefit of the development consent has:

Appointed a principal certifying authority for the building work, and Notified the principal certifying authority that the person will carry out the

building work as an owner-builder, if that is the case, and

c) the principal certifying authority has, no later than 2 days before the building work commences: Notified the consent authority and the council (if the council is not the consent

authority) of his or her appointment, and Notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of the building work, and

d) The person having the benefit of the development consent, if not carrying out the work

as an owner-builder, has: Appointed a principal contractor for the building work who must be the holder of

a contractor licence if any residential building work is involved, and Notified the principal certifying authority of any such appointment, and Unless that person is the principal contractor, notified the principal contractor of

any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

Given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.

Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure

or part of a structure. Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an

extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to, an

existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council’s website www.woollahra.nsw.gov.au .



Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15

D.7 Notification of Home Building Act 1989 requirements

a) For the purposes of section 80A (11) of the Act, the requirements of this condition are

prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

b) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

In the case of work for which a principal contractor is required to be appointed:

- the name and licence number of the principal contractor, and - the name of the insurer by which the work is insured under Part 6 of that

Act, In the case of work to be done by an owner-builder:

- the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit. c) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

d) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.


D.8 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a) the boundaries of the site by permanent marks (including permanent recovery points); b) the location and level of foundation excavations, footings, walls and slabs by permanent

marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum (“AHD”) in compliance with the approved plans;

c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and

d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note: Where the principal contractor or owner builder notes any discrepancy between the approved

development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.



Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor.


D.9 Dilapidation Reports for existing Buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): 3 Salisbury Road The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.

Note: The reasons for this condition are:

To provide a record of the condition of buildings prior to development being carried out To encourage developers and its contractors to use construction techniques that will minimise the

risk of damage to buildings on neighbouring land Also refer to the Dilapidation Report Advising for more information regarding this condition

Standard Condition: D4 E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a) That the work must be carried out in accordance with the requirements of the Building

Code of Australia, b) In the case of residential building work for which the Home Building Act 1989 requires


This condition does not apply: a) To the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

b) To the erection of a temporary building.



In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.

Standard Condition: E1

E.2 Compliance with Australian Standard for Demolition

Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.


E.3 Requirement to notify about new evidence

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority..


E.4 Critical Stage Inspections

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement.

Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be

satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey

reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.


E.5 Hours of Work –Amenity of the neighbourhood

a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, d) The following work must not take place before 9am or after 4pm any weekday, or

before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday; i) Piling; ii) Piering; iii) Rock or concrete cutting, boring or drilling; iv) Rock breaking; v) Rock sawing; vi) Jack hammering; or vii) Machine excavation,



e) No loading or unloading of material or equipment associated with the activities listed in part d) above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday.

f) No operation of any equipment associated with the activities listed in part d) above must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday

g) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.

This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts.

Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in

particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.

Note: Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution.

Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.

Note: Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.

Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf


E.6 Public Footpaths – Safety, Access and Maintenance (Apply to all development)

The principal contractor or owner builder and any other person acting with the benefit of this consent must: a) Not erect or maintain any gate or fence swing out or encroaching upon the road or the

footway. b) Not use the road or footway for the storage of any article, material, matter, waste or

thing. c) Not use the road or footway for any work. d) Keep the road and footway in good repair free of any trip hazard or obstruction. e) Not stand any plant and equipment upon the road or footway. f) Provide a clear safe pedestrian route a minimum of 1.5m wide. g) Protect street name inlays in the footpath which are not to be removed or damaged

during development. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all

relevant parts of this set of standards.



b) Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close

any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not: erect a structure or carry out a work in, on or over a public road, or dig up or disturb the surface of a public road, or remove or interfere with a structure, work or tree on a public road, or pump water into a public road from any land adjoining the road, or connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only

with the prior approval of the council including: Part C Management of Waste:

a. For fee or reward, transport waste over or under a public place b. Place waste in a public place c. Place a waste storage container in a public place.”

Part E Public roads: a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle

projecting over the footway b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to

overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”

c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.


E.7 Tree Preservation

All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation

must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.



Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and WorkCover NSW Code of Practice Amenity Tree Industry.


E.8 Tree Preservation & Approved Landscaping Works

All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained

Trees on Private Land

Council Ref No

Species Location Dimension (metres)

2 Washingtonia robusta (Washington Palm) Rear of property b) The following trees may be removed:

Council Ref No


1 Lophostemon confertus (Brush Box) Rear of property adjacent to east

boundary

Note: The tree/s that may be removed should appear coloured red on the construction certificate plans.

E.9 Level changes in the vicinity of trees

No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones.

Council Ref No:

Species Location Radius from Trunk (metres)

2 Washingtonia robusta (Washington Palm) Rear of property 3 E.10 Hand excavation within tree root zones

To prevent damage to roots and compaction within the root zone, excavation undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Any exposed surface roots must be covered to prevent drying out and watered. Materials used to minimise surface roots drying out include leaf litter mulch or a geotextile fabric. Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.



Council Ref No:


2 Washingtonia robusta (Washington Palm) Rear of property 3 E.11 Footings in the vicinity of trees

Footings for any structure constructed within the specified radius from the trunks of the following trees, is to be constructed using an isolated pier and beam construction method. Excavations for installation of piers is to be located so that no tree root with a diameter equal to or in excess of 20mm is to be severed. The smallest possible area is to be excavated which allows construction of the pier. The beam is to be placed a minimum of 300mm above ground level and is to be designed to bridge all tree roots with a diameter equal to or in excess of 50mm.

Council Ref No:

Species Location Radius from centre of trunk (metres)

2 Washingtonia robusta (Washington Palm) Rear of property 3 E.12 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions;

Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.


E.13 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and c) the contingency plan.

Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.




E.14 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed.

Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancing Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.

Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13

E.15 Vibration Monitoring

Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer.



Where the event requires, in the opinion of the professional engineer, any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer. A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land.

Note: Professional engineer has the same mean as in Clause A1.1 of the BCA. Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any

structure or part of a structure”. Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919.


E.16 Erosion and Sediment Controls – Maintenance

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition (“The Blue Book”). Where there is any conflict The Blue Book takes precedence.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices

and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”.



Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15

E.17 Disposal of site water during construction

The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is

obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act

1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;

c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected

by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.


E.18 Placement and use of Skip Bins

The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local

Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully

park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Waste storage containers must not be located on the footpath without a site specific activity approval.

Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21

E.19 Prohibition of burning

There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area.

Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all

burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.


E.20 Dust Mitigation

Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils.



This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust.

Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site www.woollahra.nsw.gov.au or obtained from Council’s office.

Note: Special precautions must be taken when removing asbestos or lead materials from development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.

Note: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution.


E.21 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous

Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places.

Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down

loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24

F. Conditions which must be satisfied prior to any occupation or use of the building (Part

4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act)

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part.

Note: New building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1

F.2 Amenity Landscaping

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.



Note: This condition has been imposed to ensure that the environmental impacts of the development are

mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6

F.3 Commissioning and Certification of Systems and Works

The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must include but may not be limited to: a) Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with

Australian Standard AS 2890.1 – “Off-Street car parking.” d) All stormwater drainage and storage systems. e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuation work. i) All waterproofing. j) Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate.


G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

No relevant conditions H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No. A112189.



Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7

H.2 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing.

Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the

Final Occupation Certificate. Standard Condition: H12

H.3 Road Works (including footpaths)

The following works must be completed to the satisfaction of Council, in accordance with the Roads Act 1993 approvals and comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense: a) Stormwater pipes, pits and connections to public stormwater systems within the road; b) Driveways and vehicular crossings within the road; c) Removal of redundant driveways and vehicular crossings; d) New footpaths within the road; e) Relocation of existing power/light pole f) relocation/provision of street signs g) New or replacement street trees; h) New footway verges, where a grass verge exists, the balance of the area between the

footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

i) New or reinstated kerb and guttering within the road; and j) New or reinstated road surface pavement within the road.

Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until

compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service centre. Standard Condition: H13

I. Conditions which must be satisfied during the ongoing use of the development

I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A112189.



Note: This condition affects successors in title with the intent that environmental sustainability measures must be maintained for the life of development under this consent.

Standard Condition: I7

I.2 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting.

Note: This condition also acknowledges that development consent is not required to plant vegetation and that

over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8

I.3 View Corridor

To ensure the proposal maintains an adequate level of views to the neighbouring property, a view corridor (benefitting No. 3 Salisbury Street) shall be maintained over the ground floor rear deck. To ensure that this view corridor is maintained: No plantings shall be located which block views across the ground floor rear deck. No structures, plants, furniture or other objects, shall be located on the ground floor rear

deck which block view across the rear deck. J. Miscellaneous Conditions

No relevant conditions K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach.



Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being

recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1

K.2 Dial before you dig

The principal contractor, owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au. When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.

Standard Advising: K2

K.3 Commonwealth Disability Discrimination Act 1992 (“DDA”)

The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”): a) http://www.hreoc.gov.au/index.html b) http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3



K.4 Builders Licences and Owner Builders Permits

Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5

K.5 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.


K.6 Workcover requirements

The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.

Note: Further information can be obtained from Workcover NSW’s website:

http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7



K.7 Asbestos Removal, Repair or Disturbance Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: a) The Occupational Health and Safety Act 2000; b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:

3002 (1998)] http://www.nohsc.gov.au/ ]; e) The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors.

Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of

Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice.


K.8 Lead Paint

It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings. Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.


K.9 Dividing Fences

The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences.



Note: Further information can be obtained from the NSW Department of Lands - http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm. Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/.


K.10 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Eleanor Smith Assessment Officer, on (02) 9391 7090 However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.


K.11 Release of Security

An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period.

Note: The Application for Refund of Security form can be downloaded from

http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15



K.12 Recycling of Demolition and Building Material It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17

K.13 Owner Builders

Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au.


K.14 Pruning or Removing a Tree Growing on Private Property

Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment. Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or you may contact Council on 9391-7000 for further advice. Standard Condition: K19

K.15 Roads Act Application

Works or structures over, on or under public roads or footpaths are subject to Sections 138, 139 & 218 of the Roads Act 1993 and specifically: Construction of driveways and/or new or alterations to footpath paving Alteration and/or extension to Council drainage infrastructure Alteration and/or addition of retaining walls Pumping of water to Council’s roadway Installation of soil/rock anchors under the roadway

An “Application to carry out works in a Public Road” form must be completed and lodged, with the Application fee, at Council’s Customer Services counter. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage etc) within existing roads, must be attached, submitted to and approved by Council under Section 138 of the Roads Act 1993, before the issue of any Construction Certificate. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:

Engineering drawings (plan, sections and elevation views) and specifications of the

footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment.



Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances. The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations.

Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property

Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au .

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Advising: K24

Ms E Smith Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevations 2. Development Engineer’s Referral Response 3. Landscaping Officer’s Referral Response 4. Heritage Officer’s Referral Response 5. SEPP 1 Objection - Height

28 Edgecliff DA 429/201

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4.1 Submissions

Address Issue 1 Michelle Chinnery

18 Edgecliff Rd Excessive and inconsistent scale

2 Kate Roberts 26 Edgecliff Rd

Out of character with other terraces Water seepage

3 Stephen and Maree Conley 30 Edgecliff Rd

Excessive scale Out of character Visual privacy Overshadowing

4 Suzanne Solomon 32 Edgecliff Rd

Inconsistent scale Visible from street Planter box

5 Alan Mather 86 Old South Head Rd

Inappropriate roof Overlooking

6 Trevor and Trudie Atherton 88 Old South Head Rd

Excessive height Loss of view Out of character Floor space ratio

7 Stephen Dyers 92 Old South Head Rd


8 Robert Santosa 100 Old South Head Rd

Loss of view

9 Derek Gallimore 102 Old South Head Rd

Loss of view Excessive and inconsistent scale

10 Sophie Redmond 102 Old South Head Rd

Excessive and inconsistent scale Loss of view Poor documentation

11 H Schweers 110 Old South Head Rd


4.2 Primary Issues

Issue Conclusion Section Retrospective consent Council is unable to approve development that has already been

undertaken. Reason for Refusal 14

Scale and Bulk The rear addition is excessive in scale and adversely dominates the principal building form.

15.2-15.4 Dominance of rear addition over principal building form Inconsistent with other terrace houses

The height of the rear addition is inconsistent with the height of other developments in the group of ten significant items.

15.2-15.4

Number of storeys At three storeys, it is non-compliant. The resulting height is excessive. 15.4 Inappropriate heritage character

The roof form and scale of the addition is not sympathetic to the character of the dwelling, the group of terrace houses or the conservation area.

13.7

Development is visible from the street

The uppermost level is visible above the parapet when viewed from the opposite side of Edgecliff Road.

15.2

Style of windows and solid to void ratios

Excessive number of windows to the western side and rear elevation and inappropriate glass blocks to the eastern elevation.

15.2 and 15.3

Floor space ratio Excessive and has implications upon views and scale within the street. 15.4 View loss The proposal has an unacceptable impact upon views from 100 and 102

Old South Head Road. 15.4

Overshadowing Poor documentation submitted with the application. Additional overshadowing will occur as a result of the height of the development.

15.4

Removal of internal walls

Removes the interpretation of the rooms within the principal building form.

15.2

Roof form The pitched roof form is inconsistent and poorly designed. 15.3


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3. Amended Roof Design

The roof over the stair to the attic storage facing north is to be hipped. This condition is imposed to minimise the impact of the first floor addition upon the streetscape and the amenity of the area. Details are to be submitted with the construction certificate application.

DA502/2002/2 was approved by the Application Assessment Panel on 12 October 2004. It involved: Internal modifications to ground floor comprising relocation of kitchen and staircase Internal modifications to first floor bathroom and walk-in-robe Addition of a bay window to front elevation of the first floor New window openings, with metal louvres along western elevation of first floor and attic

level New floor to ceiling height windows along western elevation of ground floor Increase in height of attic level Excavation works including the addition of a staircase to the basement level It was approved with the following modifications: 1. Roof height

The roof addition of the attic level is to be reduced by 0.3m in order to lessen the non-compliance with Clause 12AA (b) of Woollahra LEP 1995, C1 of Section 3.3.4 of Woollahra Heritage Conservation Area DCP 2003 and C1 and C3 of Section 3.4.4 of Woollahra Heritage Conservation Area DCP 2003. This is to be achieved by lowering the ridge line of the roof and maintaining the roof pitch and floor levels. Details are to be submitted with the Construction Certificate application.

The deletion of Condition 3 and replacement with the following: - 2. Attic skylights

The uppermost triangular skylight to the north facing elevation of the attic roof is to be deleted. This condition is imposed to lessen the impact of the roof when viewed from the private domain of other properties, to ensure consistency with the row of significant dwellings and to ensure that the new roof plane is consistent with O1 of Section 3.4.8 of Woollahra Heritage Conservation Area DCP 2003. Details are to be submitted with the Construction Certificate application.

DA502/2002/3 was lodged on 30 September 2010 and refused on 19 October 2010. It involved modifications to the window openings on the ground and first floor of the western elevation and modifications to the roof form at the front and rear of the building. It was refused as DA502/2002 lapsed on 7 July 2008 and cannot be modified (see ‘Compliance History’ below).

Other Relevant Applications

DA 175/2003 relates to 18 Edgecliff Road, which is part of the group of group significant terrace houses. It involved alterations and additions to an existing single storey terrace house, including a boundary-to-boundary ground floor extension and new first floor addition to the rear of the original dwelling. It was approved on 2 September 2003 and was assessed prior to the gazettal of the current Woollahra HCA DCP 2003. DA 607/2007 relates to 14 Edgecliff Road, which is part of the group of group significant terrace houses. It involved a new first floor addition with associated works to the ground floor to facilitate access and new side entry from Tindale Lane. It was approved on 20 March 2008 and was assessed after the gazettal of the Woollahra HCA DCP 2003. There are no other properties within the group that involve first floor or second floor additions.

Past Building Certificates

BC111/2011 was lodged on 16 September 2011 and relates to works that form part of the development application.



Compliance History

Mrs C Duarte purchased the land in April 2006. Between March and April 2007, the applicant undertook dilapidation reports, structural drawings and survey advice. Emergency drainage works were also carried out. The drainage works were then the subject of a building certificate - issued on 12 December 2008. In February 2009, legal advice from the applicant asserted that the consent had not lapsed. Legal opinion from the neighbour at 30 Edgecliff Road also argued that the consent had lapsed. In February 2010, a private certifier issued a construction certificate. Construction works took place from February 2010. On 1 September 2010, Council’s legal advisors wrote to the applicants requesting a site inspection and the provision of any information to establish that the consent had not lapsed. Council officers and Council’s legal advisors inspected the site with the applicant and Mr Rodney Duarte on 20 September 2010. On 1 October 2010, Council’s legal advisors sent a letter to the applicant and Mr Duarte indicating that the Council was of the opinion that the consent had lapsed prior to the issue of the construction certificate on 10 February 2010. The Council’s response to the works put forward by the applicant and Mr R Duarte to activate the consent as contained in Council’s legal advisors’ letter was as follows: (a) Jeffrey and Katouskas Geotechnical Report dated 26 August 2006

No works were carried out on the land for this report but more importantly the report was prepared for a section 96 application and did not in any way relate to the consent as it existed at the time of the report.

(b) Dilapidation Reports for 26 and 30 Edgecliff No works were physically carried out on the land for the preparation of these reports. Further, it appears that the report for 30 Edgecliff was not carried out by the engineer.

(c) Party Wall with No. 30 Edgecliff While a courtyard wall is referred to on the approved plans (1800 high, 230 thick new brick courtyard screen) the wall was constructed without a construction certificate for your land, is approximately 2.8 metres high as measured from the ground and is in fact part of the development of No. 30. (d) Landscaping Works You refer to some clearing at the rear of the property. These works do not appear to be preparatory or part of or have any connection with the construction of the building especially as there are no approved landscaping details or plans.

(e) Rear Side Western Lapped and Capped Fencing The fencing is not referred to on the approved plans and is not part of the consent.

(f) Survey Work Your solicitor in their letter of 4 June 2010 provided a one page survey from V.W. Cochrane & Associates Pty Ltd dated 30 April 2007. The survey refers to holes in Icassia Lane (not on No. 28) and provides measurements of distances from boundaries only. We understand that there was a boundary dispute at the time with No. 30 and that this survey was obtained for that purpose.



If you continue to press that the survey work activated the consent can you please provide us with the instructions to the surveyor and the survey notes from the surveyor together with any covering report from the surveyor.

(g) Drainage Works The drainage works were carried out after stormwater damage to the undercroft area of the dwelling. The Council took the view at the time that the drainage works could have related to the development consent. However, the Council informed you that the works were part of the erection of the building and these works had been carried out without a construction certificate and it was for this reason that the Council issued a building certificate for the drainage works. As the drainage works had been carried out without a construction certificate they do not assist with the activation of the consent and we note that this was the view taken by your solicitors in their first letter of 12 February 2009. In relation to point 6 of their second letter dated 4 June 2010 if the works were exempt works then they were not part of or related to the development consent and could not be works that activated the consent.

Council is also of the opinion that the works that have been carried out on the site are not in accordance with the lapsed development consent.

PCA Proceedings

The PCA, Mr Greg Hough, issued the Construction Certificate on 10 February 2010 and a Notice of Commencement on 1 April 2010. It was issued based on the advice of the applicant’s solicitor. A subsequent Building Professionals Board hearing brought by the adjoining landowner cleared Mr Hough of any wrong-doing in issuing the Construction Certificate. The PCA issued a Notice of Intention to Give an Order on 2 August 2010. It related to works that were not in accordance with the development consent, including reducing the width of the building from 4.63m to 4.25m, changing the roof from gable to hip, modifications to window openings and certification of the roof height at RL88.432. It is apparent that these issues remain unresolved.

L&E Court Proceedings

Class 4 proceedings commenced in the Land and Environment Court seeking: a) A declaration that DA502/2002 lapsed on 7 July 2008, prior to the commencement of any

work b) Lodgement of a building certificate application c) Modification of the building that has been constructed An initial directions hearing was listed for 13 May 2011. As there was difficulty with the serving the summons and an extension of time was granted to 27 May 2011 and again to 10 June 2011. Neither respondent appeared at the directions hearing on 10 June 2011. The hearing was later set down for 1 July 2011, 29 July 2011 and 12 August 2011. The Court directed that the applicant lodge a building certificate application and development application by Friday 16 September 2011. BC111/2011 was lodged on 16 September and DA429/2011 was lodged on 20 September 2011. A further directions hearing on Friday 23 September 2011 was later set-down for 18 November 2011.


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10. Sophie Redmond of 102 Old South Head Road, Woollahra 11. H Schweers of 110-112 Old South Head Road, Woollahra The submissions raised the following issues: Loss of view (from 88, 100 and 102 Old South Head Road) The proposal involves the loss of views of the Sydney CBD skyline, North Sydney skyline and the Sydney Harbour Bridge. It is unacceptable on this basis. Refer to Reason for Refusal 1 in Part A. Scale is out of character with other terrace developments The development forms part of a group of ten terrace houses. The proposed height and scale is out of character with the other terrace developments, including two other two storey rear additions. Refer to Reason for Refusal 2 in Part A. Scale dwarfs the principal building form The development is excessive in height and dominates the principal building form. This is unacceptable and forms Reason for Refusal 3 in Part A. Rear addition is visible from Edgecliff Road The rear addition is visible from Edgecliff Road. This is not an entirely unacceptable outcome. Rather, the concern relates to the scale and height of the rear addition. Quasi balcony at the rear of the first floor has privacy implications The proposal involves timber framed doors at the rear of the first floor, a planter box measuring 4.2m x 1.5m and a 1.0m high balustrade/wall. It would appear that this space could be usable for a balcony and in this case, the size of and access to the planter box is excessive. It forms Reason for Refusal 4 in Part A and is to be modified in Part B. Attic level will be used as habitable space Despite being noted as storage, the height of the attic level, at 2.5m at its maximum, renders it easily useable as a habitable space. This is excessive and forms Reasons for Refusal 2-3 in Part A Overshadowing The shadow diagrams appear inaccurate as it is unclear as to whether the existing shadow shown on the plans relates to what previously existed on the subject site, what is approved, what is presently standing on the site or what Council’s independent survey of the building indicates. Notwithstanding this, the extent of additional overshadowing arising from two new storeys over the rear yards of 26 and 30 Edgecliff Road appears minor but still unnecessarily excessive. Further, the building presently on the site includes a higher ridgeline than was approved as part of the lapsed DA502/2002. This forms Reason for Refusal 5 in Part A.



Will create a precedent There are two other properties in the group of terrace houses at 14 and 18 Edgecliff Road that have a first floor addition at the rear of the principal building form. These were assessed on their merits. Regardless, the height and form of the rear addition is inappropriate and is to be removed. No precedent is being established. Inaccurate plans (no skylight at the northern end, no ridge height, shadow diagrams, survey

and statement of environmental effects) A skylight is noted within the attic level. No objection to the skylight is raised in relation to any inaccuracies. The overall ridge height of the development is noted on the plans as being RL 88.932. This is higher than the RL of 88.432 associated with DA502/2002 and noted in the Notice of Intention to Give an Order issued by the PCA in August 2010. Irrespective, Council has relied upon its own survey which was undertaken by an independent surveyor on 6 October 2010, which noted a height of RL 89.15. Irrespective, the height is excessive as noted in Reason for Refusal 2-3 in Part A. The shadow diagrams have been discussed above. The survey and statement of environmental effects have not influenced the assessment of the application. Inappropriate windows along the western elevation and northern bay window results in

overlooking Council’s Heritage Officer has acknowledged that the windows to the northern, western and eastern elevations are inappropriate and should be redesigned. Overlooking from these windows is minimal. Refer to Reason for Refusal 7 in Part A. Involves a boundary to boundary addition at first and second floor levels Bedroom 1 at the rear of the first floor and a portion of the attic level extend boundary to boundary. This is contrary to several controls in the Woollahra HCA DCP 2003 and forms Reason for Refusal 6 in Part A. Inconsistent solid to void ratios Council’s Heritage Officer has acknowledged that the solid to void ratio is inappropriate, primarily at first floor level. Refer to Reason for Refusal 7 in Part A. Results in the loss of/no mention of the tree in the rear yard The proposal does not involve any landscaping works. Water damage arising from first floor addition


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Overall Height 5.5m 9.4m-9.62m 9.5m NO

The original height of the building approved at RL 88.432. The applicant submitted plans proposing a height of RL 88.932. Council’s independent survey indicates a height of RL 89.15. This is a discrepancy of between 0.218m and 0.718m. At Council’s estimated height of RL 89.15, it would extend to a maximum height of 9.62m. This would not comply with the 9.5m height control prescribed by Clause 12 of Woollahra LEP 1995 and would require the submission of a SEPP 1 objection. This forms Reason for Refusal 13. It is also unacceptable with regard to the relevant objectives under Clause 12AA of Woollahra LEP 1995 in the following manner: a) To minimise impact of new development on existing views of Sydney Harbour, ridgelines,

public and private open spaces and views of the Sydney City skyline The proposal results in extensive view loss from properties on Old South Head Road. Refer to Reason for Refusal 1 in Part A. b) To provide compatibility with the adjoining residential neighbourhood The height of the development is vastly inconsistent with the surrounding development, including the adjoining nine terrace houses of which the subject site forms a part. Refer to Reason for Refusal 2 in Part A. c) To safeguard visual privacy of interior and exterior living areas of neighbouring dwellings The proposal will not lead to any unreasonable overlooking from the side windows. However, the planter box structure and doors at the rear of the first floor represents an unreasonable level of overlooking. Refer to Reason for Refusal 4 in Part A. d) To minimise detrimental impacts on existing sunlight access to interior living rooms and

exterior open space areas and minimise overshadowing The height of the development will lead to additional overshadowing and is unacceptable due to its bulk and height. Further, the accuracy of the submitted shadow diagrams appears disputable. Refer to Reason for Refusal 5 in Part A. e) To maintain the amenity of the public domain by preserving public views of the harbour and

surrounding areas and the special qualities of streetscapes The proposal will not interrupt public views. With regard to the concerns outlined above, the deletion of the uppermost level and existing roof is necessary as outlined in Part B. This will reduce the height of the building to a maximum of RL 86.332 on its eastern edge, which will adequately address views and establish a development that is compatible with the scale of surrounding developments.



13.4 Clause 18: Excavation of Land Clause 18 requires Council to consider the likely impact of any proposed excavation upon the subject site and surrounding properties. The submitted plans indicate that the proposal involves excavation to accommodate a more usable basement level. It includes a lowering of the floor level by between 0.6m and 1.5m and the provision of a staircase. No basement plan is noted with the application so it is presumed that excavation will occur from boundary to boundary. It equates to a total of 52m2 and about 60m3 of excavation. In terms of ESD principles, the extent of soil being removed from the site is considered to be acceptable. However, more pressing concerns relate to the fact that the excavation will occur boundary to boundary within the foundations of the existing building. It imposes certain implications upon the structural stability of adjoining properties at 26 and 30 Edgecliff Road. The extent and siting of excavation is discussed having regard to the following: a) The amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process b) Public safety c) Vehicle and pedestrian movements The extent of excavation is relatively minor and is acceptable. d) The heritage significance of any heritage item that may be affected by the proposed

excavation and its setting There are no heritage items within the vicinity of the subject site. e) Natural landforms and vegetation f) Natural water run-off patterns The excavation is contained within the existing building footprint and poses no issue. If approval was recommended, a condition would be imposed to protect the adjacent property. 13.5 Clause 25: Water, Wastewater and Stormwater Clause 25 requires Council to take into consideration the provision of adequate stormwater drainage and the provision of adequate water and sewerage services. The proposal is acceptable in this regard. 13.6 Clause 25D: Acid Sulphate Soils Clause 25D requires Council to consider any potential acid sulphate soil affectation where excavation is proposed within the site.


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15.2 Significant items and group significant buildings

Significant items C1-C3 of Section 3.2.1 requires the retention and conservation of significant fabric and the retention of original room layouts and the rear wall to the principal building form. C5 continues by stating that secondary and rear roof forms must not be raised if they are part of a group of roof forms. Council’s Heritage Officer noted the following comments:

The proposal involves the removal of an internal cross wall within the principal building form. This wall should be retained to ensure the structural integrity of the subject building and that adjacent properties are not compromised. The retention of this wall is also important as an indication of the original proportions and room layouts within the principal building form. All existing openings within the principal building form should be retained including doors and windows.

This is concurred with and is unacceptable. Refer to Reason for Refusal 9 in Part A. Further, C6 states that additions should not compromise the group as a whole, must be consistent in terms of roof form, symmetry, breezeway pattern and rhythm and have an appropriate solid to void ratio. In terms of the relationship with the other items in the group, the height of the rear addition is excessive, the breezeway pattern is adversely affected by the boundary to boundary addition and the amount of glazing to the first floor level of the dwelling is excessive. Council’s Heritage Officer reiterated these issues by noting the following comment:

The unauthorised construction is uncharacteristically high and compromises the aesthetic cohesiveness of the group. The rear addition should be reduced in height so that it is not visible above the parapet of the existing terrace.

This is concurred with and is unacceptable. Refer to Reasons for Refusal 2, 3 and 6 in Part A. Part B continues by noting that the proposal will be acceptable if the uppermost level was deleted and a replacement skillion roof was established. In addition, the nib walls and cross beam within the principal building form are to be retained in order to allow for room interpretation. Alterations and additions to significant items C3 of Section 3.2.3 requires additions to be located at the rear. The additions will be located at the rear but are significant in scale and bulk. Council’s Heritage Officer noted the following:

The height and scale of the rear addition is excessive and should be reduced. The addition is uncharacteristic and dominates the principal building form. A three storey addition at the rear of a significant single storey terrace is not acceptable. The addition has a substantial impact on the street frontage and has an adverse impact on the subject building, the terrace row and the conservation area.



C4 requires development to match the predominant rear setback. The proposal does not seek to alter the rear setback with the exception of the planter box structure at the rear of the first floor. This structure is considered to be excessive in scale, particularly with regard to its intended purpose. As Part B recommends it to be deleted, the proposal is unacceptable with regard to C4. Refer to Reason for Refusal 4 in Part A. C6 does not allow excavation below significant items unless the basement level can be achieved by excavating no more than 1.5m. Excavation for the basement will extent to a depth of 1.5m, which satisfies C6. In the event of an approval, precautionary conditions would be applied. It is also required to be at least 1.5m from property boundaries. In this instance, excavation will occur to the side boundaries. However, given that it will be contained within the existing boundary foundations and precautionary measures would be applied, no particular objection is raised. C7 continues by stating that the bulk, scale and height of additions must not compromise the principal building form. The proposed addition at the rear, at three storeys in height, does not satisfy the above requirement. This is reiterated by Council’s Heritage Officer who stated ‘a three storey addition at the rear of a significant single storey terrace is not acceptable. The addition has a substantial impact on the street frontage and has an adverse impact on the subject building, the terrace row and the conservation area.’ C8 does not allow for an increase in the height of development as viewed from the street. The proposed addition is visible when standing on the northern side of Edgecliff Road. However, this is not the primary issue. Rather, the height and scale of the development in relation to the principal building form and the other group items is excessive. Refer to Reason for Refusal 2 and 3 in Part A. Part B outlines an acceptable scheme. Traditional building elements C4 of Section 3.2.4 seeks to ensure that additions have a traditional roof form. The proposed roof is of an inappropriate form, which is reinforced by Council’s Heritage Officer – ‘the addition should have a traditional roof form that is appropriate to the style of the building and its context within a significant terrace row.’ Refer to Reason for Refusal 10 in Part A. Part B requires a skillion roof form, sloping from the east to the west. In doing so, the roof form would be acceptable. C17 and C20 seek to establish the retention of original windows and doors and the installation of appropriately detailed and proportioned new windows respectively. The proposal includes ten new windows to the western elevation, several new glass blocks to the eastern elevation, large doors to the northern elevation of the first floor and bi fold doors to the rear elevation. Council’s Heritage Officer noted the following in relation to these openings:

There are currently too many windows on the western elevation. The number of openings should reflect traditional solid to void ratios. The area of glazing to the top portion of the southern elevation is not appropriate and should be deleted.

This is concurred with and forms Reason for Refusal 7 in Part A. More traditionally (vertically) proportioned windows are required on both side elevations in accordance with Part B.



C23 does not allow balconies to the roofs of significant items. The proposal involves the addition of a bay window to the front of the first floor level which has doors to the roof of the principal building form. This is an inappropriate outcome both in terms of its visibility in the streetscape and potential heritage implications – see Reason for Refusal 11. As Part B requires the reduction in the height of the dwelling via the deletion of the uppermost level, the issue associated with the bay window is resolved. 15.3 Building Type Controls

The subject property is identified as a Victorian terrace house. C1 of Section 3.3.4 requires consistency in height, alignment, form, scale, breezeway pattern and architectural character. The proposed addition to the rear is contrary to all of the above and forms Reasons for Refusal 2 and 3 in Part A. C7 states that the height of an additional storey must be 300mm below the ridgeline of the principal building form with a lightweight linking structure. Despite there being an opportunity to establish a second storey above the height of the parapet without it imposing on the streetscape (as has occurred within the group of terraces), the addition of a third storey is inappropriate and imposes excessive bulk to the principal building form, the streetscape and the heritage conservation area. Refer to Reasons for Refusal 2 and 3 in Part A. Part B outlines a more acceptable outcome. It requires, amongst other modifications, the following: a) The deletion of the uppermost level. The rear addition to the dwelling house is to be limited to

a maximum height of RL 86.332 b) The deletion of the roof and its replacement with a skillion roof, sloping towards the west and

with a maximum height of RL 86.332 at its eastern side C11 does not permit the enclosure of breezeways at first floor level (where the property width is more than 3.3m). The rear of the property is being built within 0.15m of the side boundary, which is inappropriate and imposes excessive bulk to the adjoining property to the west. Refer to Reason for Refusal 6 in Part A. A more acceptable outcome would be the reduction in the width of bedroom 1 at the rear of the first floor level from 4.25m to 3.3m – see Part B. C12 permits only skillion or gable roof forms. The proposed pitch roof is inconsistent and forms Reason for Refusal 10 in Part A. A skillion roof form is required in Part B. 15.4 General controls for development

Building location Site cover C5 of Section 3.4.3 requires the site cover to be no greater than adjoining properties. With the exception of the rear planter (refer to Reason for Refusal 4 in Part A), the site cover remains unchanged and is acceptable.



C9 requires excavation to be set back 1.5m from all property boundaries. In this instance, excavation will occur to the side boundaries. However, given that it will be contained within the existing boundary foundations and precautionary measures would be required as conditions of consent, no particular objection is raised. Building height, form, bulk, scale and character


Floor Space Ratio (m²) 0.51:1

(96.2m2) 1.26:1

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(178.3m2) NO

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2.5m 2.5m (first floor

and attic) 2.7m NO

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2 hours NO

Height and bulk C1 of Section 3.4.4 relates to establishing consistency in terms of scale and bulk between buildings. The proposed development is excessive in terms of its relationship with the other terraces in the group and all other development in the area. Refer to Reason for Refusal 2 in Part A. Part B outlines an acceptable scheme. Character C2 requires consistency in development, including solid to void ratios. The proposed height, roof form, incursion into the breezeway and number of windows is not supportive of the above control. Refer to Reasons for Refusal 2, 6 and 7 in Part A. Part B outlines an acceptable scheme. Number of Storeys C3 limits development to two storeys unless the predominant significant buildings in the area are three storeys or more. C4 continues by stating that storey heights must conform to those of adjacent significant buildings. Three storeys is inappropriate and out of character in an area where the maximum height of any development in the group is two storeys. Refer to Reason for Refusal 12 in Part A. Part B outlines an acceptable scheme, including the reduction of the development to two storeys in height. Floor to ceiling height C6 requires development to have a floor to ceiling height of 2.7m. At 2.35m-2.5m in height, the proposal complies with the Building Code of Australia and achieves a suitable internal amenity within habitable spaces. The non-compliance of 0.2m is acceptable. Floor space ratio C7 limits the floor space ratio to 0.94:1 or 178.3m2. The proposed floor space ratio is 1.26:1 or 240.5m2 – a non-compliance of 62.2m2 or 35%. This includes the attic level in its entirety and the basement level, which includes excavation to accommodate a floor to ceiling height of 2.35m. It is indicative of an over development of the site.



It imposes bulk to the streetscape, adjoining properties and the other terraces within the group. Further, it leads to several issues in terms of visual privacy, overshadowing and loss of views. Refer to Reason for Refusal 8 in Part A. With regard to Part B, including the deletion of the attic level and the reduction in the width of the rear bedroom, the floor space ratio is reduced by 48.4m2 – reducing the non-compliance to 13.8m2 or 7.7%. The resulting bulk of the development is comparable to the two other two storey developments in the group. Sunlight C8 ensures that sunlight is provided to at least 50% of the main ground level private open space of adjoining properties for a minimum of two hours between 9am and 3pm on June 21. No controls relate to north facing windows of adjoining properties. The shadow diagrams submitted with the development application appear inaccurate as it is unclear as to whether the existing shadow shown on the plans relates to what previously existed on the subject site, what is approved, what is presently standing on the site or what Council has surveyed as existing on the site. Notwithstanding this, the extent of additional overshadowing arising from two new storeys over the rear yards of 26 and 30 Edgecliff Road appears minor but still unnecessarily excessive. Further, the building presently on the site includes a higher ridgeline than was approved as part of the lapsed DA502/2002. The inadequacy of the shadow diagrams forms Reason for Refusal 5 in Part A. Views C10 states that development must not have an unreasonable impact upon views from habitable rooms, balconies and open space areas of adjoining properties. The owners of 88, 100 and 102 Old South Head Road objected to the proposal on the basis of view loss. The reasonableness or otherwise of the degree of view loss has regard to the case law established by Tenacity Consulting v Warringah (2004) NSWLEC 140 (paragraphs 23-33) which has established a four step assessment of view sharing. The steps are as follows: The assessment of the views affected The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured. 88 Old South Head Road There is no view of note. There is an immediate outlook across properties within Edgecliff Road. 100 Old South Head Road The view is in a north westerly direction and extends from the North Sydney CBD to the southern end of the CBD skyline. It includes the Sydney Harbour Bridge and Sydney Tower.



102 Old South Head Road The view is in a north westerly direction and extends from the North Sydney CBD to the southern end of the CBD skyline. It includes the Sydney Harbour Bridge and Sydney Tower. Consideration from what part of the property the views are obtained The second step is to consider from what part of the property the views are obtained. For example, the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic. 88 Old South Head Road The view is from the rear yard and a first floor rear balcony. 100 Old South Head Road The view is from a bedroom window. 102 Old South Head Road The view is from bedroom doors. The extent of the impact The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating. 88 Old South Head Road There is no view affection and the impact is negligible. 100 Old South Head Road


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The Court poses two questions in Tenacity Consulting vs Warringah (2004) NSWLEC 140. The first question relates to whether a non-compliance with one or more planning controls results in view loss. The proposal includes non-compliances with a variety of controls, including number of storeys (three instead of two), floor space ratio (non-compliance of 35%) and other non-numerical controls relating to appropriate scale and bulk and roof form in relation to adjoining properties and the principal building form. These non-compliances have a varying but clear impact upon view loss. The second question posed by the Court relates to whether a more skilful design could provide the same development potential whilst reducing the impact on views. In this instance, the primary contributors are the inappropriate roof form and the uppermost level. This is necessary on bulk and scale grounds but it will also have a noticeable improvement in terms of view loss. Part B recommends the deletion of the uppermost level and the provision of a skillion roof. The resulting height of the development is reduced by a minimum of 2.2m. In the instance of 100 and 102 Old South Head, views of the CBD skyline and North Sydney skyline will be retained, but only the upper floors of the taller buildings. The upper portion of the arch of the Sydney Harbour Bridge is also likely to be retained. Refer to Reason for Refusal 1 of Part A. Materials, finishes and colours Table 3.23 outlines requirements for roofs, doors, windows and verendahs. The proposed development brings about some concerns: The glass blocks on the eastern elevation are intrusive window materials The number of windows on the eastern elevation is excessive The size of the rear doors is excessive The glass balustrade to the planter box to the rear of the first floor is intrusive and

incompatible The bay window at the front of the first floor is inappropriate These forms Reasons for Refusal 4 and 7 of Part A and Part B for acceptable solutions. Open space and landscaping The proposal does not have any landscaping implications. Roofs and skylights O1 and C1 of Section 3.4.8 require the roof form of an addition is to be consistent with those of the significant item. The proposed roof is inappropriate and inconsistent. Refer to Reason for Refusal 10 of Part A. Instead, a more traditionally styled skillion roof form (sloping towards the west) would complement the subject site and adjoining properties within the group. This is outlined in Part B.


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4. The scale and glass balustrade of the planter box at the rear of the first floor is inappropriate and impacts upon the heritage significance of the dwelling. This is contrary to Table 3.23 of Section 3.4.5 of Woollahra HCA DCP 2003. The privacy implications of the accessible area are contrary to C7, C9 and C10 of Section 3.4.12 of Woollahra HCA DCP 2003.

5. The submitted shadow diagrams are unclear and the height of the development results in additional overshadowing that is not supportive of C8 of Section 3.4.4 of Woollahra HCA DCP 2003.

6. The enclosure of the breezeway (boundary to boundary addition at the rear of the dwelling) is contrary to C11 of Section 3.3.4 of Woollahra HCA DCP 2003 and it imposes an unreasonable sense of enclosure to adjoining properties.

7. The proposal is contrary to C20 of Section 3.2.4 as the number of windows on the western elevation and the glass blocks on the eastern elevation are inappropriate. The extent of glazing, or solid to void ratio, along the western and southern (rear) elevation is excessive and contrary to C6 of Section 3.2.1 and C2 of Section 3.4.4 of Woollahra HCA DCP 2003.

8. The floor space ratio is excessive and does not comply with C7 of Section 3.4.4 of Woollahra HCA DCP 2003.

9. The proposal is contrary to C1-C3 of Section 3.2.1 of Woollahra HCA DCP 2003 as it involves the removal of an internal cross wall within the principal building form.

10. The proposal is contrary to C4 of Section 3.2.4 of Woollahra HCA DCP 2003 as the roof form is inappropriate and inconsistent with the surrounding terrace houses.

11. The bay doors at the front of the first floor are contrary to C23 of Section 3.2.4 of Woollahra HCA DCP 2003 as it is has unacceptable heritage implications

12. At three storeys, the height of the development does not comply with C3 of Section 3.4.4 of Woollahra HCA DCP 2003.

13. The height of the development exceeds the 9.5m height control prescribed by Clause 12 of Woollahra LEP 1995 and a SEPP 1 objection was not lodged with the development application.

14. Council is unable to grant retrospective consent to works that have already been undertaken. PART B THAT, as the following unauthorised works, are considered to be inappropriate with regard to the relevant objectives and controls of Woollahra LEP 1995 and Woollahra HCA DCP 2003, Council take action to require these works to be removed and/or rectified: a) The deletion of the uppermost level. The rear addition to the dwelling house is to be limited to

a maximum height of RL 86.332 b) The deletion of the roof and its replacement with a skillion roof, sloping towards the west and

with a maximum height of RL 86.332 at its eastern side c) The deletion of the planter box to the rear elevation of the first floor. It can be replaced with a

Juliet balcony with a maximum width of 1.8m and maximum depth of 0.4m d) The deletion of the outer two doors to the rear elevation of the first floor e) A reduction in the width of bedroom 1 at the rear of the first floor level from 4.25m to 3.3m f) The deletion of the doors to the bay window to the front of the first floor and its replacement

with a window with a sill height of at least 1.0m g) The retention of the nib wall and cross beam to the existing bedroom at the rear of the ground

floor of the principal building form h) The repair of the damaged decorative plaster embellishments to the front façade using moulds

from the neighbouring property in accordance with C3 of Section 3.2.1 of Woollahra HCA DCP 2003



i) Glazing should be vertically proportioned in accordance with C13 of Section 3.2.4 and C20 of Section 3.4.4 of Woollahra HCA DCP 2003

PART C THAT, as the remainder of the works are considered to be satisfactory with regard to the relevant objectives and controls of Woollahra LEP 1995 and Woollahra HCA DCP 2003, Council take no action to require these works to be removed subject to the owners making an application for, and Council issuing, a building certificate under Section 149A-149G of Environmental Planning and Assessment Act 1979 for the works. The required building certificate application is to be submitted to Council within twenty (28) days of this determination, is to incorporate the required changes outlined in Part B and is to be accompanied by the following:

Full works as executed plans, duly coloured showing all works that have been undertaken

without prior Council consent A certificate from a practising structural engineer certifying the structural adequacy of the

retaining wall that have been undertaken without prior Council consent to accommodate the loads imposed by the soil and swimming pool above the wall

A survey report prepared by a registered surveyor, showing the location of all structures on the subject property relative to the boundaries of the site.

Mr Simon Taylor Mr David Waghorn ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Heritage referral 2. Fire Safety referral 3. Plans and elevations

57 Epping RDA 330/201

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2. DELEGATIONS The application is to be determined by the Application Assessment Panel as there are is a total of five objections to the proposed development. 3. RECOMMENDATION Approval, subject to design modifications in Condition C1. 4. PROPOSAL The proposal involves the following works: Demolition of the existing dwelling and carport, with the exception of the front and southern

side wall Construction of a new two storey dwelling house comprising:

Rumpus, kitchen, living room, dining room, laundry and WC on the ground floor Establishment of a single car garage behind the front building line Four bedrooms, two bathrooms and a study on the first floor North facing timber deck on the ground floor Front and rear balconies on the first floor

Bin storage area within the front setback New front fence Landscaping in the front and rear yard Solar panels on the roof 5. ISSUES SUMMARY 5.1. Submissions

Name and Address Issue Conclusion 1 Myron Chan

59 Epping Road Double Bay

Overlooking Overlooking from the front balcony is acceptable. The rear balcony adjoins a WIR but is still setback further by Condition C1. The rear setback is non-compliant and represents excessive overlooking and bulk to properties at the rear. Refer to Condition C1. The extent of overshadowing is considered to be acceptable when discussed in relation to the subject site and other developments in the street. The increase in the height of the dwelling by 0.1m is necessary to protect the development from potential flooding in a 1 in 100 year flood level. This is outlined in Condition C1.

2 Elliot and Brenda Kaplan 80 Manning Road Double Bay

Rear setback Overdevelopment Privacy

3 George Fuzi 80A Manning Road Double Bay

Rear setback Overdevelopment Privacy & overshadowing RL height

4 Herman and Ora Lux 82 Manning Road Double Bay

Rear setback Overdevelopment Privacy & overshadowing

5 Jenny Karpin 84 Manning Road Double Bay

Rear setback Overshadowing Privacy


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8. RELEVANT PROPERTY HISTORY

Amendments/ Additional Info

Council’s Development Engineer noted that ‘The Double Bay Catchment Flood Study shows that this property will be affected by a flood level of 4.0m AHD during the 1 in 100 year storm event. Habitable rooms are required to have 0.3m freeboard above the flood level and so a minimum floor level of 4.3m is required.’ Amended plans were lodged on 5 August 2001 showing a 100mm increase in the height of the building to accommodate a FFL of 4.0m. However, this remains inadequate during a 1 in 100 year flood event. Council’s Development Engineer has therefore applied a 4.3m FFL in Condition C1. This can be achieved without increasing the height of the dwelling.

9. REFERRALS

Summary of Comment Annexure Development Engineer The revised FFL of the habitable areas of the dwelling is still

inadequate to accommodate a 1:100 year flood level. Council’s footpath will need to be reconstructed. A Works Zone will be necessary during the construction phase.

1

Landscaping Officer Protection for the Podocarpus on Council’s nature strip is required. There are some minor issues relating to the proposed retaining wall and the impact upon the Sapium tree within 55 Epping Road.

2

Environmental Health Officer No objection is raised. 3

ENVIRONMENTAL ASSESSMENT UNDER SECTION 79C The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 include the following: 1. The provisions of any environmental planning instrument 2. The provisions of any proposed instrument that is/has been the subject of public consultation 3. The provisions of any development control plan 4. Any planning agreement that has been entered into 5. Any draft planning agreement that a developer has offered to enter into 6. The regulations 7. Any coastal zone management plan 8. The likely impacts of that development:

i) Environmental impacts on the natural and built environments ii) Social and economic impacts

9. The suitability of the site 10. Any submissions 11. The public interest 10. SUBMISSIONS 10.1. Advertising and Notification In accordance with Parts 3 and 4 of the Woollahra Advertising and Notification DCP, the application was notified and advertised from 10 August 2011 to 24 August 2011. Submissions were received from: 1. Myron Chan of 59 Epping Road, Double Bay 2. Elliot and Brenda Kaplan of 80 Manning Road, Double Bay 3. George Fuzi of 80A Manning Road, Double Bay



4. Herman and Ora Lux of 82 Manning Road, Double Bay 5. Jenny Karpin of 84 Manning Road, Double Bay The submissions raised the following issues: Non-compliance with the rear and side setback controls The proposal exhibits a non-compliance with the rear setback control of up to 2.9m. This leads to an unreasonable level of overlooking and sense of enclosure to properties to the side and rear of the subject site. Condition C1 therefore requires a 1.6m increase in the rear setback. Refer to Section 16.4 for further details. The proposal complies with the side setback controls in every respect. Overlooking from front and rear balconies The balcony to the rear of the first floor has a depth of 0.6m with a planter box providing some screening and the roof extending a further 0.5m. The balcony adjoins the main bedroom but is accessed via the WIR. The extent of overlooking from this balcony is minimal due to its limited size. However, when acknowledging the limited setback from the rear boundary, concerns are raised in relation to the extent of overlooking and rectified somewhat by Condition C1. The primary outlook from the front of the dwelling is towards Epping Road. Some sightlines are available to the front yards of both adjoining properties, however, no major issues are raised. Refer to Section 16.10 for further details. Over development The proposal complies with the front setback, side setback, building footprint, floor space ratio and height controls. Subject to Condition C1, the proposal also achieves near compliance with the rear setback control with the non-compliance limited to the first floor balcony only. It is therefore argued that the proposal does not represent an over-development of the site. Overshadowing The establishment of a two storey development will result in additional overshadowing of 59 Epping Road to the south. None of this overshadowing will fall across the north facing windows of 59 Epping Road as it is a single storey structure with a minimal northern side setback. The first floor addition will result in overshadowing of the roof. However, additional overshadowing of the rear yard will also occur. A full assessment is undertaken in Section 16.4. An increase in the RL height of the building should not be permitted for flooding purposes All new developments are required to be constructed so as to ensure that all habitable floor levels are not less than 300mm above the 1 in 100 year flood level and non-habitable floor levels are not less than 150mm above flood level. This requirement is paramount for all new developments.



The proposal is nonetheless considered to be acceptable when considering the increased height of the building (7.6m). 10.2. Renotification A replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was lodged on 17 August 2011 detailing a 0.1m increase in the height of the dwelling. It was renotified to surrounding residents and previous objectors under Clause 5.1 of the Advertising and Notification DCP from 17 August 2011 to 31 August 2011 as the proposed changes potentially brought about additional impacts upon neighbours. Additional submissions have been addressed in Section 9.1 above. 10.3. Statutory Declaration In accordance with Clause 4.5 of the Woollahra Advertising and Notification DCP, the applicant has completed the statutory declaration dated 26 August 2011 declaring that the site notice for DA 330/2011/1was erected and maintained during the notification period in accordance with the requirements of the DCP. 11. STATE ENVIRONMENTAL PLANNING POLICY 55: REMEDIATION OF LAND The aims of SEPP 55 are to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment: a) By specifying when consent is required, and when it is not required, for a remediation work b) By specifying certain considerations that are relevant in rezoning land and in determining

development applications in general and development applications for consent to carry out a remediation work in particular

c) By requiring that a remediation work meet certain standards and notification requirements Under Clause 7(1)(a) of SEPP 55 – Remediation of Land, consideration has been given as to whether the subject site on which the development is occurring is contaminated. An assessment of the Initial Site Evaluation provided by the applicant indicates the land does not require further consideration under Clause 7 (1) (b) and (c) of SEPP 55. The proposal is therefore acceptable with regard to SEPP 55: Remediation of Land. 12. STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY

INDEX: BASIX) 2004 SEPP (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development and relates to commitments within the proposed development in relation to thermal comfort, water conservation and energy efficiency sustainability measures. The development application was accompanied by BASIX Certificate No. 365944S, which commits to environmental sustainability measures relating to thermal comfort, water savings and energy efficiency.



As prescribed by Clause 97A of the Environmental Planning and Assessment Regulation 2000, these requirements have been imposed in Conditions C9, H3 and I1. 13. SYDNEY REGIONAL ENVIRONMENTAL PLAN (SYDNEY HARBOUR

CATCHMENT) 2005 The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration. 14. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 14.1. Clause 1.1(2): Aims and Objectives of Woollahra LEP 1995 Subject to Condition C1, the proposal is consistent with the aims and objectives of the Woollahra LEP 1995. 14.2. Clause 8(5): Aims and Objectives of the Zone The proposal is permissible and is consistent with the aims and objectives of the Residential 2(b) zone. 14.3. Clause 10: Allotment Sizes for Dwelling Houses There is no minimum allotment size for the subject site as it is located within a Residential 2(b) zone. 14.4. Clause 12: Height of Buildings Clause 12 limits development to a maximum height of 9.5m.


Overall Height 5.4m 7.6m 9.5m YES

The proposal complies with the maximum building height prescribed by Clause 12 of Woollahra LEP 1995. The proposal is also acceptable with regard to the relevant objectives under Clause 12AA of Woollahra LEP 1995 in the following manner: a) To minimise impact of new development on existing views of Sydney Harbour, ridgelines,

public and private open spaces and views of the Sydney City skyline The proposal does not affect any views. b) To provide compatibility with the adjoining residential neighbourhood The development is compatible with the height and form of many other contemporary developments in Epping Road. c) To safeguard visual privacy of interior and exterior living areas of neighbouring dwellings Subject to Condition C1, visual privacy is maintained to adjoining properties.



d) To minimise detrimental impacts on existing sunlight access to interior living rooms and exterior open space areas and minimise overshadowing

Solar access will fall across the adjoining property to the south but is acceptable as discussed in Section 16.4. e) To maintain the amenity of the public domain by preserving public views of the harbour and

surrounding areas and the special qualities of streetscapes Public views are unaffected. 14.5. Clause 18: Excavation of Land Clause 18 requires Council to consider the likely impact of any proposed excavation upon the subject site and surrounding properties. The proposal involves only minor groundworks associated with retaining walls, footings for the dwelling and landscaping. It poses no foreseeable impact with regard to structural stability of adjoining properties or during the construction phase and is acceptable with regard to Clause 18 of Woollahra LEP 1995. 14.6. Clause 25: Water, Wastewater and Stormwater Clause 25 requires Council to take into consideration the provision of adequate stormwater drainage and the provision of adequate water and sewerage services. Subject to Condition C7, the proposal is acceptable with regard to Clause 25 of Woollahra LEP 1995. 14.7. Clause 25D: Acid Sulphate Soils Clause 25D requires Council to consider any potential acid sulphate soil affectation where excavation is proposed within the site. The subject site is within a Class 3 Acid Sulphate Soils Area as identified in the Planning NSW Acid Sulphate Souls Risk Map. Works beyond 1m below existing ground level require the preparation of an Acid Sulphate Soils Management Plan. However, in this instance, the maximum depth of works is no more than 0.3m. In this regard, acid sulphate soils will not be encountered and the proposal is acceptable with regard to Clause 25D of Woollahra LEP 1995. 15. DRAFT AMENDMENTS TO STATUTORY CONTROLS None applicable. 16. WOOLLAHRA RESIDENTIAL DEVELOPMENT CONTROL PLAN 2003 16.1. Part 3.0: Site Analysis Part 3 of WRDCP 2003 requires adequate site analysis documentation for development applications. The proposal is considered to be satisfactory in this regard.



C 3.2.1 requires development to fit into the surrounding environment and pattern of development by responding to the surrounding urban form, local topography and landscape, view corridors, neighbourhood character and streetscape and local street and pedestrian networks. The architectural style of the dwelling, with a skillion roof form and block scale, is typical of surrounding contemporary developments in Epping Road and is acceptable with regard to Section 3.2.1. 16.2. Section 4.4: Desired Future Precinct Character (Manning Road) Existing Proposed Control Complies

Front Setback Nil-4.5m 63% at 4.5m 37% at 4.8m

Minimum of 60% at 4.5m

YES

Location of Garages and Car Parking Structures

Forward Behind Behind Front

Setback YES

Garage Frontage Width 41.3% (4.2m)

32.4% (3.3m)

40% (4.1m)

YES

Front Fence Height 1.8m 1.2m 1.2m/1.5m where 50% transparent

YES

Deep Soil Landscaping – Front Setback

57% (26.1m²)

44.4% (20.3m²)

40% (18.3m2)

YES

Maximum Unarticulated Length to Street 4.8m 4.5m (ground)

6.5m (first) 6.0m

YES NO

Maximum Number of Storeys – Dwelling

1 2 2 Storeys YES

Location of Garages C 4.4.5 requires garages, car parking structures and driveways to be designed so as to not dominate the streetscape, be provided behind the front building line and limited to a width of no greater than 40% (4.1m) of the site frontage. The proposed garage is behind the front building line, less than 40% of the frontage and appropriate in the streetscape. Front Setback C 4.4.6.1 stipulates a minimum of 60% of the building frontage being setback 4.5m and parallel to the front boundary. The proposal complies with this requirement. Deep Soil Landscaping at the Frontage C 4.4.6.6 stipulates that a minimum of 40% (18.3m²) of the front setback is to comprise deep soil landscaping. The proposal complies with this requirement. Number of Storeys C 4.4.6.22 stipulates that development is to have a maximum height of two storeys. The proposal complies with this requirement. Front Fences C 4.4.6.5 stipulates that if solid, front fences are to be no greater in height than 1.2m. The proposal complies with this requirement.



However, Council’s Trees Officer raised concern with the impact of the footings for the stone wall along the northern side boundary forward of the front building line upon the Sapium tree in the front garden of 55 Epping Road. Condition C1 therefore requires the deletion of the 4.5m length of the boundary wall and the retention of the existing timber paling fence. Building Articulation C 4.4.6.7 specifies that buildings have a maximum unarticulated length of 6m to the street. The first floor level has a length of 6.5m – a non-compliance of 0.5m. However, given the proposal includes a recessed balcony, no objection is raised on articulation grounds. Roof Form C 4.4.6.3 stipulates that the roof form is to be designed having consideration for neighbouring amenity in terms of overlooking, streetscape suitability and to maintain views across the precinct. The proposed roof form is considered to be appropriate in the context of surrounding developments. Significant vegetation C4.4.6.9 seeks to maintain and preserve significant trees and vegetation. The proposal involves the removal of four trees in the rear yard – none of which have a significant contribution to the landscape character of the street. Nonetheless, the proposal involves the establishment of three new trees with a mature height of between 7m and 9m. This is a satisfactory outcome. Conclusion The proposal is acceptable with regard to Section 4.4.6 of the Woollahra RDCP 2003. 16.3. Section 5.1: Streetscape performance criteria

Existing Proposed Control Complies Front Door/Kitchen Window/Living Room Window

Front door Living Room

Window Address the

Street YES

Casual Surveillance – Windows Facing Street/Public Area

1 3 One YES

C5.1.1 states that dwellings must have a front door and/or kitchen or living room window addressing the street. Whilst the main door to the dwelling is at the northern or side of the dwelling, there is sufficient activation of the dwelling within the street via the main doors to the rumpus room and the balcony within the first floor level. C5.1.5 requires buildings to overlook streets and other public areas, with at least one habitable room window with an outlook to that area. The proposed development has three rooms. C5.1.8 requires clear definition of the pedestrian entry without breaking up the continuity of the residential facade at the street level. The proposal establishes an appropriate relationship in the streetscape. Conclusion The proposal is acceptable with regard to Section 5.1 of the Woollahra RDCP 2003.



16.4. Section 5.2: Building Size and Location

Site Area: 309.7m2 Existing Proposed Control Complies

Setback from Significant Mature Trees > 3.0m 2.7m 3.0m NO

Rear Setback 14m 4.6m 7.5m NO

Side Boundary Setbacks (south) Ground Floor First Floor

0.5m N/A

0.5m-1.5m

1.5m

1.5m 1.5m

NO YES

Side Boundary Setbacks (north) Ground Floor First Floor

1.5m N/A

1.5m-4.0m 1.5m-2.8m

1.5m 1.5m

YES YES

Ancillary Development (Bin Store) – Maximum Height

N/A

1.5m 3.6m YES

Ancillary Development (Bin Store) Eastern Setback Northern Setback Southern Setback

3.0m 4.7m 4.4m

1.5m 1.5m 1.5m

YES YES YES

Building Footprint – Dwelling

32.7% (101.5m2)

49.4% (153m2)

56% (173.4m2)

YES

Floor Space Ratio – Dwelling

0.32:1 (101.5m2)

0.75:1 (233m2)

0.72:1 (223m2)

NO

Floor to Ceiling Height – Habitable Rooms

N/A 3.04m (ground)

2.5m (first) 2.7m

YES NO

Solar Access to Open Space of Adjacent Properties

> 50% for 2.5 hours

35m2 for about 4 hours

50% for 2 hours on 21 June

YES

Solar Access to Nth Facing Living Areas of Adjacent Properties

< 3 hours < 3 hours 3 hours on 21

June No change

Excavation, Piling and Subsurface Wall Setback

0.5m 1.5m 1.5m YES

Setback from Significant Mature Trees C 5.2.1 stipulates that development is to be setback a minimum of 3.0m from the base of trees to minimise root damage. The proposed garage will be within 2.7m of the tree in the front yard of the adjoining property to the north. However, Council’s Trees Officer raised no concern with this setback. Rather, certain precautions (see Conditions E1-E5) are required for the retaining wall along the northern boundary parallel to the driveway. Rear Setback C 5.2.3 stipulates that buildings have a minimum rear setback of 25% (7.5m) of the average site length. The ground floor will be setback 5.9m from the rear boundary whilst the first floor, being the balcony/deck overhang, extends to within 4.6m of the boundary. This is a non-compliance of up to 2.9m.


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Building Footprint C 5.2.8 specifies a maximum building footprint of 56% (173.4m²). The proposal complies with this requirement. Floor Space Ratio C 5.2.9 specifies a maximum floor space ratio of 72:1 (223m2) for the subject site. The proposal involves a non-compliance of 10m2. However, with respect to the issue raised in relation to the rear setback and Condition C1, the floor space ratio is reduced by 15.2m2. At 0.67:1, the proposal would comply. Floor to Ceiling Height C 5.2.10 requires that habitable rooms must have a minimum floor to ceiling height of 2.7m. A lower height is permissible where it is located within a roof space, it does not affect the internal amenity and where there are measurable benefits for neighbouring amenity. The first floor has a floor to ceiling height of 2.5m, which is appropriate for sleeping quarters. As it complies with the minimum standard of 2.4m applied in the Building Code of Australia and allows for a reduced building height, no objection is raised. Condition C1 also requires an increase in the FFL of the ground floor from 4.0m to 4.3m in order to ensure that the development is protected from flooding in a 1 in 100 year flood event. This also requires a cumulative reduction in the floor to ceiling height by 0.3m. This can be achieved in the ground floor whilst still maintaining compliance with the minimum 2.7m control. Solar Access C5.2.12 requires that building bulk is distributed to minimise overshadowing on neighbours, streets and public open space. C 5.2.13 stipulates that sunlight is to be provided to at least 50% of the main ground level private open space, or 35m2 whichever is smaller, of adjoining properties for a minimum of two hours between 9am and 3pm on June 21. C 5.2.14 also states that north facing windows to habitable rooms of neighbouring dwellings do not have sunlight reduced to less than three hours during the same period. The adjoining property to the south has a northern side setback of between 0.0m and 1.0m and is single storey in height. The existing dwelling on the subject site limits the extent of solar access to the north facing windows of 59 Epping Road such that the establishment of a two storey development will not result in any additional overshadowing of north facing windows. All the additional overshadowing will fall over the roof. At present, the rear yard of 59 Epping Road to the south (measuring 110m2) enjoys sunlight to 50% of the yard for nearly three hours of the day. The maximum area of sunlight occurs at about midday. Solar access will be reduced as a result of the proposed development – to slightly less than 50% for two hours. However, there will be sunlight to at least 46m2 of the yard for a period of three hours after midday. This satisfies C5.2.13.



Site Excavation C5.2.15 seeks to minimise cut and fill associated with the building footprint. C 5.2.16 stipulates that the setback for excavation, piling and sub-surface walls shall not be less than 1.5m from a front, side or rear boundary. Excavation is setback at least 1.5m from all property boundaries. Conclusion The proposal is therefore acceptable with regard to Section 5.2 of the Woollahra RDCP 2003. 16.5. Section 5.3: Open space and landscaping

Site Area: 309.7m2 Existing Proposed Control Complies Deep Soil Landscaping – Dwelling

18.1% (56.3m²)

28.3% (87.4m²)

22% (68.1m2)

YES

Private Open Space at Ground Level – Total Area Minimum Dimension

> 35m2 > 3m > 45m2

> 6m

35m² 3m

YES YES

Private Open Space at Ground Level – Principal Area Minimum Dimension

> 16m2 > 4m

16m² 4m

YES YES

Private Open Space at Ground Level – Maximum Gradient

Level Level 1:10 YES

Deep Soil Landscaping C 5.3.2 requires a deep soil landscaped area of 22% (68.1m²) of the site area. The proposal complies. Private Open Space C 5.3.4 requires that each dwelling must have private open space with a minimum area of 35m2, a minimum dimension of 3m, a maximum gradient of 1:10 and a principal area of 16m2 (with a minimum dimension of 4m). The proposal complies. Landscape Design C5.3.7 recommends that part of the private open space be capable of being used as an extension to the main living areas of the dwelling. Direct access is proposed from the ground floor to the rear yard, which is acceptable. C5.3.8 and C5.3.9 notes that the location of private open space should take advantage of the outlook and natural features of the site, utilise a northerly aspect where available, maintain privacy and solar access and address surveillance. The private open space area in the rear yard achieves the above outcomes. C5.3.10 requires buildings to be designed so as to locate habitable spaces away from neighbouring private open space and to provide articulation to minimise visual bulk. The proposal is acceptable in this regard.



C5.3.12 seeks to incorporate existing vegetation into the landscape treatment. This is consistent with objective O5.3.2, which is to retain important existing mature trees, vegetation and other landscape features. The proposal involves the removal of four trees in the rear yard. This has no significant impact upon the landscape character of the street but does result in some loss of privacy screening between properties. The proposal also includes the establishment of three new trees with a mature height of between 7m and 9m. This is a satisfactory outcome on landscape character grounds. Conclusion The proposal is acceptable with regard to Section 5.3 of the Woollahra RDCP 2003. 16.6. Section 5.4: Fences and Walls

Approved Proposed Control Complies

Side and Rear Fence Height 1.8m Not specified 1.8m YES

Front Fences C5.4.2 requires compatible design materials for front fences that are appropriate within the streetscape. The proposed fence is stone and is appropriate in the streetscape. C5.4.7 prohibits fences and gates from opening onto the street. The proposed gate is sliding and does not open onto the street. Side and Rear Fences No proposed side or rear fencing is depicted on the architectural plans. Conclusion The proposal is acceptable with regard to Section 5.4 of the Woollahra RDCP 2003. 16.7. Section 5.5: Views C5.5.6 requires building forms to enable a sharing of views, particularly from the main habitable rooms. There are no views of note in Epping Road and no objections to the proposed development. The proposal is therefore acceptable with regard to Section 5.5 of the Woollahra RDCP 2003.



16.8. Section 5.6: Energy Efficiency


BASIX – Thermal

N/A

Pass Pass YES

BASIX – Water 54% 40% YES

BASIX – Energy 87% 40% YES

Minimum Number of North Facing Habitable Rooms

2 4 One YES

Solar Access to North-Facing Living Areas of Development

< 3 hours > 3 hours to first

floor 3.0 Hours on 21

June YES

North Facing Overhangs/Shading Devices

N/A 1:1

0.45 x Height of Window

YES

External Clothes Drying Area Not noted Accessible to all

Dwellings Condition

C1

BASIX The development application was accompanied by BASIX Certificate No. 365944S committing to thermal comfort, water conservation and energy efficiency sustainability measures. See Section 12. Solar Access C5.6.2 requires buildings to be sited and designed to maximise midwinter solar access to north-facing windows of habitable rooms and principal areas of open space. C5.6.3 requires at least one north-facing habitable room. The proposed development has four north facing windows. C5.6.4 requires a minimum of three hours of sunlight to north facing windows of the proposed development between 9am and 3pm on June 21. Given the two storey development immediately to the north of the subject site, only limited sunlight will reach the northern elevation of the ground floor. However, through the provision of a north facing courtyard in the middle of the ground floor and an appropriate first floor northern side setback, the development exhibits good solar design. C5.6.5 requires north facing roof overhangs or shading devices are to be at least 0.45 times the height, measured from the bottom of the glass to be shaded. The proposal complies with this requirement. Conclusion The proposal is acceptable with regard to Section 5.6 of the Woollahra RDCP 2003. 16.9. Section 5.7: Stormwater management


Rainwater Tank N/A Noted in BASIX Encouraged Condition

C1



Water Conservation The BASIX certificate includes provision for a 5,000L rainwater tank and that it is depicted on the architectural plans. However, this is not noted on the plans. As such, Condition C1 requires this to be noted. Conclusion The proposal is acceptable with regard to Section 5.7 of the Woollahra RDCP 2003. 16.10. Section 5.8: Acoustic and Visual Privacy

Existing Proposed Control Complies Setback of Bedroom Windows from Streets/Parking of Other Dwellings

> 3.0m > 3.0m 3.0m YES

Distance of Habitable Room Windows to Adjacent Dwellings

N/A < 9.0m but with 1.6m sill height

9.0m YES

Acoustic Privacy C5.8.2 requires bedroom windows to be setback at least 3.0m from streets and driveways and parking areas of adjoining properties. The proposal satisfies this requirement. C5.8.3 recommends noise shielding techniques where dwellings are located next to high noise areas. C5.8.4 recommends locating bedroom areas away from noise sources. The subject site is located on Epping Road, which is not considered as an unreasonably high noise source. The proposal includes an air conditioning unit towards the rear of the dwelling on the southern boundary. It will be within 1.0m of the boundary and the adjoining dwelling to the south. Despite the minimal setbacks of the development and close proximity of adjoining properties, the location of the unit is not entirely unreasonable. Appropriate conditions have been applied – see Conditions C14, I2 and I3. Visual Privacy C5.8.5 states that windows in habitable rooms with a direct sightline to habitable room windows in an adjacent dwelling within 9.0m are to be screened by (a) being offset, (b) incorporating planter boxes, louvres or other devices, (c) translucent glazing to 1.5m above floor level, (d) using fixed translucent glazing or (e) sill heights above 1.5m in height. C 5.8.6 requires balconies, terraces, decks, roof terraces and other like areas within a development are suitably screened to prevent direct views into habitable rooms or private open space of adjoining and adjacent dwellings. C5.8.8 also requires balcony design to consider privacy for occupants when viewed from the street. Windows within the ground floor of the development are suitably screened by the side boundary fences. Furthermore, the proposed timber deck to the northern side of the dwelling is maintained close to ground level such that it will not lead to any additional significant overlooking.



The first floor comprises several side windows with a sill height of at least 1.6m. This is considered to be sufficient in balancing visual privacy between properties and ensuring an appropriate internal amenity for each room within the first floor. Full height windows are also proposed to the northern elevation of the first floor alongside the hallway and staircase. These windows include privacy screening and are to a non-habitable space. On this basis, no objection is raised. A balcony at the front of the first floor adjoins two bedrooms. Its outlook is over Epping Road. Whilst sightlines to the front yard of both adjoining properties are possible, the size of the balcony is modest in nature and the extent of overlooking is minimal. A balcony at the rear of the first floor adjoins the WIR to the main bedroom. Whilst it has a depth of 0.6m only, it projects into the permitted rear setback and is within 2.3m of the rear yard of 55 Epping Road and 5.8m of the rear yards of 80A and 82 Epping Road. A privacy screen exists on the southern side of the balcony, therefore limiting sightlines to 59 Epping Road to the south. The extent of overlooking is more pronounced by the scale of two storey development on the subject site and surrounding properties and minimal lot widths. Given the small size of the balcony, its location off a WIR and as it is removed from the main ground floor living spaces, the extent of overlooking is somewhat limited. However, there is still some impact and this reinforces the need to ensure that the development achieves greater compliance with the rear setback control. As such, Condition C1 requires an increased rear setback. Conclusion Subject to Condition C1, the proposal is acceptable with regard to Section 5.8 of the Woollahra RDCP 2003. 16.11. Section 5.9: Car Parking and Driveways

Existing Proposed Control Complies Car Parking Spaces – Dwelling

1 1 2 spaces NO

Minimum Access Driveway Width 3.5m 3.5m 3.5m – 6.0m YES

Access Driveway Grades – Overall

13% 13% 15% YES

Number of Spaces C5.9.5 specifies that two off street car spaces are required for the proposed development. The proposal involves the construction of a single car garage behind the front building line. Despite this resulting in a non-compliance of one car space, there is no net change in the number of parking spaces and it will be achieved in positive streetscape manner. It is likely that the owner of the property may park a vehicle in the area between the garage and the front boundary (measuring 4.35m). However, as this is a non-compliant car space, it does not form part of any consent. Furthermore, a car will not be able to overhang Council’s footpath.



Driveways C5.9.8 specifies a driveway width of 3.5-6.0m and C5.9.11 requires maximum driveway grades of 15% (overall) and 12% (transitional). The proposal involves the retention of the existing driveway and complies with both of the above requirements. Conclusion The proposal is acceptable with regard to Section 5.9 of the Woollahra RDCP 2003. 16.12. Section 5.10: Site facilities performance criteria

Existing Proposed Control Complies Garbage and Recycling Facilities

N/A

Screened within front yard

Integrated and Screened

YES

Away from Windows Away from Windows YES

Mailbox Not noted Close to Entry

Condition C1

Clothes Drying Facilities

Not noted Open, Sunny and Breezy

Condition C1

Away from Public View Condition

C1 Air Conditioning Units

N/A Not Exceeding

Background Noise Level Conditions I2 and I3

Not Visible Not Visible from Public

Domain YES

Mailboxes C5.10.1 requires mail boxes to be centrally located, lockable and close to the major street entry. This is noted in Condition F4. Garbage and Recycling Facilities C5.10.3 requires adequate garbage and recycling collection areas which are integrated physically and visually with other built elements such as fences, walls, buildings and garages. C5.10.5 states that garbage and recycling areas are to be located away from windows and doors. The proposal involves a bin enclosure forward of the garage. It is 1.5m in height and appropriately located away from adjoining properties and habitable spaces. It is capable of accommodating two bins and is appropriate in the streetscape. Clothes Drying C5.10.9 and C5.10.10 stipulates that clothes drying facilities are required in an open, sunny, breezy and secure part of the site. This is noted in Condition C1.



Air Conditioning Units C5.10.11 states that the location of air conditioning units should maintain the privacy of surrounding properties. Noise emissions must not exceed the background noise levels when measured at the boundary of the site. C5.10.12 notes that air conditioning units should not be visible from the public domain nor should they have a greater visual or amenity impact on the streetscape or neighbours than they have on the occupants of the site. The proposal includes an air conditioning unit towards the rear of the dwelling on the southern boundary. It will not be visible from the public domain. It will be within 1.0m of the boundary and the adjoining dwelling to the south. Despite the minimal setbacks of the development and close proximity of adjoining properties, the location of the unit is not entirely unreasonable. Appropriate conditions have been applied – see Conditions C12, I2 and I3. Conclusion The proposal is acceptable with regard to Section 5.10 of the Woollahra RDCP 2003. 16.13. Section 5.13: Access and Mobility Refer to comments in relation to the Woollahra Access DCP in Section 18 below. 17. PARKING DEVELOPMENT CONTROL PLAN 2011 Refer to Section 16.11. 18. WASTE NOT DEVELOPMENT CONTROL PLAN 2010 The Waste Not DCP is applicable to all development and seeks to establish waste minimisation and sustainable waste management during demolition and construction phases and throughout the on-going use of the building. 18.1. Site Waste Minimisation and Management Plan (SWMMP) The development application was not accompanied by a SWMMP. This forms a requirement prior to the construction certificate in Condition C13. The SWMMP addresses volume and type of waste and recyclables to be generated, storage and treatment of waste and recyclables on site, disposal of residual waste and recyclables and operational procedures for ongoing waste management once the development is complete. The SWMMP was found to be satisfactory. 19. ACCESS DEVELOPMENT CONTROL PLAN 2004 The Woollahra Access DCP encourages visitor accessibility and adaptability for all new Class 1A dwellings. The subject dwelling is a Class 1 dwelling. The proposal includes all of the communal living spaces, a bathroom and a rumpus room capable of serving as a bedroom. Access to the ground floor is level. The proposal therefore satisfies the intent of the Woollahra Access DCP.



20. SECTION 94A CONTRIBUTIONS PLAN In accordance with Schedule 1, a 0.5% levy (for development with a cost of works between $100,000 and $200,000) and 1% (for development with a cost of works of more than $200,000) applies. The monies are used for a variety of works as outlined in Schedule 2 of the Section 94A Contributions Plan.

Cost of Works Rate Contribution Payable $715,000 1% $7,150

Refer to Condition C2. 21. APPLICABLE ACTS/REGULATIONS 21.1. Demolition of Structures Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires Council to consider Australian Standard AS 2601-2001: The demolition of structures. This is required in Condition E12. 22. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts have been addressed elsewhere in the report. 23. THE SUITABILITY OF THE SITE The site is suitable for the proposed development for the following reasons: 1. It is appropriate in terms of bulk, height and scale within the Epping Road streetscape 2. Subject to Condition C1, the proposal has an acceptable impact upon the amenity of

adjoining properties 24. THE PUBLIC INTEREST The proposal is acceptable in terms of the wider and localised public interest. 25. CONCLUSION The proposal is acceptable against the relevant considerations under Section 79C. 26. DISCLOSURE STATEMENTS Under Section 147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any Councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission.


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Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: the use of land in connection with development, the subdivision of land, the erection of a building, the carrying out of any work, the use of any site crane, machine, article, material, or thing, the storage of waste, materials, site crane, machine, article, material, or thing, the demolition of a building, the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of


Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2




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1 Podocarpus elatus Plum pine Front of property – Council nature strip

A padding material e.g. Hessian or thick carpet underlay is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.


e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (e.g. retaining wall etc) to prevent erosion within the Tree Protection Zone.





B.2 Recording of buildings with little or no heritage significance

A photographic archival record of the building and landscape elements to be demolished is to be submitted prior to the commencement of demolition work and prior to the issue of a Construction certificate. The photographic archival recording is to be bound in an A4 format and is to include the following: a) Site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major

landscape elements including their relationship to the street and adjoining properties. b) Postcard sized photographs of:

each elevation, each structure and landscape feature; views to the subject property from each street and laneway or public space.

Each photograph to be mounted, labelled and cross-referenced in accordance with recognised archival recording practice.


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Description Amount Indexed Fee Code

LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986

Long Service Levy http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm


No



$16,300 No T115

Tree Damage Security Deposit – making good any damage caused to any public tree

$5,464 No T114


This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $7,150

+ Index Amount Yes,

quarterly T96


Public Tree Management Inspection Fee $166 No T45 Public Road/Footpath Infrastructure Inspection Fee $420 No Security Administration Fee $180 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES

$29,680 plus any relevant indexed amounts and long service levy

Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: Cash deposit with Council, Credit card payment with Council, or Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council





How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy.



Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: The reasons given; Whether any prejudice will be caused to the community deriving benefit from the public facilities; Whether any prejudice will be caused to the efficacy and operation of this plan; and Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.





guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5


The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a) Trees to be numbered in accordance with these conditions b) Shaded green where required to be protected and retained c) Shaded yellow where required to be transplanted d) Shaded blue where required to be pruned e) Shaded red where authorised to be removed f) References to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan Standard Condition: C30

C.4 Road and Public Domain Works – Council Approval Required A separate application under Section 138 of the Roads Act 1993 is to be made to, and approved by Council prior to the issuing of a Construction Certificate for the replacement of the footpath over the full length of the vehicle crossing, undertaken at the applicant’s expense.







C.5 Soil and Water Management Plan – Submission and Approval



Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant




C.6 Parking Facilities

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for any bicycle, car and commercial vehicle parking demonstrating compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities and AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking. Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993.

The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.


C.7 Stormwater Management Plan

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail:



a) General design in accordance with Stormwater disposal concept plan prepared by

Itmdesign P/L, Dwg. No. H–DA–00 and H–DA–01, dated 17 May 2011, other than amended by this and other conditions

b) The discharge of stormwater, by direct connection, to the kerb and gutter c) Compliance the objectives and performance requirements of the BCA d) Any rainwater tank (see Note below) required by BASIX commitments including their

overflow connection to the Stormwater Drainage System e) General compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006)

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: All pipe layouts, dimensions, grades, lengths and material specification, All invert levels reduced to Australian Height Datum (AHD), Location and dimensions of all drainage pits, Point and method of connection to Councils drainage infrastructure, and Overland flow paths over impervious areas.

Copies of certificates of title Showing the creation of private easements to drain water by gravity, if required. Subsoil Drainage Subsoil drainage details Clean out points Discharge point Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner. Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008

“Rainwater Tank Design and Installation Handbook”. Standard Condition: C51

C.8 Flood Protection

The Construction Certificate plans and specifications, required by Clause 139 of the Regulation, must include a Flood Risk Management Plan on the basis of a 1:100 year flood at RL 4.0m AHD (the flood level), detailing: a) Habitable floor levels not less than 300mm above the flood level b) Non-habitable floor levels not less than 150mm above flood level c) The garage level at RL 3.9m AHD is to be flood-proofed up to a level of RL 4.15m

AHD



Note: The revised driveway profile, gradients and transitions must be in accordance with Australian Standard

2890.1 – 2004, Part 1 (Off-street car parking). The driveway profile submitted to Council must contain all relevant details: reduced levels, proposed grades and distances. Council will not allow alteration to existing reduced levels within the road or any other public place to achieve flood protection.



The applicant must submit to the Certifying Authority BASIX Certificate No. 365944S with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new







Note: This condition is imposed to ensure that the existing structure is able to support the additional loads proposed.




Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate. Note: This does not affect the right of the developer to seek staged Construction Certificates.



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d) Describe the excavation impact on the area including Number and types of trucks to be used Time frame Streets to be used Routes to be taken Directions of travel Truck storage areas It is recommended that vehicle routes be shared Excavation is to only be carried out outside peak and school hours between

9.30am to 2.30pm week days

e) Protect Trees, Bushland and Public Open Space: Show the location of all Tree Protection (Exclusion) Zones as required within the

conditions of this development consent.

The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the

Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9

D.2 Works (Construction) Zone – Approval & Implementation

A works zone is required for this development. The principal contractor or owner must apply for a works zone. If the works zone is approved the principal contractor or owner must pay all fees for and implement the required works zone before commencement of any work. The principal contractor must pay all fees associated with the application and occupation and use of the road as a works zone. All works zone signs must have been erected by Council to permit enforcement of the works zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of works zone fees. Note: The principal contractor or owner must allow not less than four to six weeks (for routine applications)

from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.

Note: The enforcement of the works zone is at the discretion of Council’s Rangers and the NSW Police Service. The principal contractor must report any breach of the works zone to either Council or the NSW Police Service.



The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with:



a) The Soil and Water Management Plan if required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”








Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building



This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.





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Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a) must be a standard flushing toilet, and b) must be connected to a public sewer, or c) if connection to a public sewer is not practicable, to an accredited sewage management

facility approved by the council, or d) if connection to a public sewer or an accredited sewage management facility is not

practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.




D.7 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)





















a) For the purposes of section 80A (11) of the Act, the requirements of this condition are







Act,

In the case of work to be done by an owner-builder: - the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that





D.9 Compliance with Building Code of Australia and insurance requirements under the




This condition does not apply: a) to the extent to which an exemption is in force under the Home Building Regulation

2004, b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.





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a) The following trees must be retained

Council Ref No


Tree Value

1 Podocarpus elatus Plum pine

Front of property – Council nature strip

10 x 8 $ 5,464

Note: The tree/s required to be retained should appear coloured green on the construction certificate

plans.

b) The following trees may be removed

Council Ref No


3 Celtis sinensis Chinese Nettle

Rear garden, Northern boundary 6 x 6

4 9 x 6

5 Cupressus spp Cypress pine

Rear boundary of rear garden 8 x 3

6 8 x 3

7 8 x 3 Note: The tree/s that may be removed should appear coloured red on the construction certificate plans.

E.3 Replacement trees which must be planted

The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed. Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council’s Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council’s Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below.

Species/Type Planting

Location Container Size or Size of Tree (at time of planting)

Min Dimensions at Maturity

1 x Tristaniopsis laurina Water gum Rear garden 45 litre 5 x 4 metres

Note: All replacement trees are to be NATSPEC grown. E.4 Hand excavation within tree root zones

To prevent damage to roots and compaction within the root zone, excavation undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent).



All root pruning must be undertaken in accordance with the Australian Standard 4373 “Pruning of Amenity Trees” and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Any exposed surface roots must be covered to prevent drying out and watered. Materials used to minimise surface roots drying out include leaf litter mulch or a geotextile fabric. Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.

Council Ref No

Species Location Radius from Trunk

2 Sapium sebiferum Chinese Tallow tree Front garden of 55 Epping Road 2 metres 8 Syagrus romanzoffianum Cocos palm Rear garden - Northern boundary of

59 Epping Road 2 metres

E.5 Footings in the vicinity of trees


Council Ref No

Species Location Radius from centre of trunk

8 Syagrus romanzoffianum Cocos palm

Rear garden Northern boundary of 59 Epping Road

2 metres

E.6 Compliance with Construction Management Plan

All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request.

Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking

legislation prevails. Standard Condition: E3

E.7 Public Footpaths – Safety, Access and Maintenance


footway b) Not use the road or footway for the storage of any article, material, matter, waste or

thing



c) Not use the road or footway for any work d) Keep the road and footway in good repair free of any trip hazard or obstruction e) Not stand any plant and equipment upon the road or footway f) Provide a clear safe pedestrian route a minimum of 1.5m wide g) Protect street name inlays in the footpath which are not to be removed or damaged

during development This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all

relevant parts of this set of standards. b) Australian Road Rules to the extent they are adopted under the Road Transport (Safety

and Traffic Management) (Road Rules) Regulation 1999.

Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not: erect a structure or carry out a work in, on or over a public road, or dig up or disturb the surface of a public road, or remove or interfere with a structure, work or tree on a public road, or pump water into a public road from any land adjoining the road, or connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only

with the prior approval of the council including: Part C Management of Waste:







E.8 Maintenance of Environmental Controls



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b) To the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.



Demolition of buildings and structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures, published by Standards Australia.









a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday,



c) No work must take place before 7am or after 1pm any Saturday, d) The following work must not take place before 9am or after 4pm any weekday, or





This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in













Note: Waste storage containers must not be located on the footpath without a site specific activity approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21


Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust. Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site

www.woollahra.nsw.gov.au or obtained from Council’s office. Note: Special precautions must be taken when removing asbestos or lead materials from development sites.

Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.



E.17 Site waste minimisation and management – Demolition

In order to maximise resource recovery and minimise residual waste from demolition activities: a) The provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

be implemented at all times during the course of the work b) An area is to be allocated for the storage of materials for use, recycling and disposal

(giving consideration to slope, drainage, location of waterways, stormwater outlets, vegetation and access and handling requirements)

c) Provide separate collection bins and/or areas for the storage of residual waste d) Clearly ‘signpost’ the purpose and content of the bins and/or storage areas e) Implement measures to prevent damage by the elements, odour, health risks and

windborne litter f) Minimise site disturbance, limiting unnecessary excavation When implementing the SWMMP the applicant must ensure: a) Footpaths, public reserves and street gutters are not used as places to store demolition

waste or materials of any kind without Council approval b) Any material moved offsite is transported in accordance with the requirements of the

Protection of the Environment Operations Act (1997) c) Waste is only transported to a place that can lawfully be used as a waste facility



d) Generation, storage, treatment and disposal of hazardous waste and special waste (including asbestos) is conducted in accordance with relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by Workcover NSW

e) Evidence such as weighbridge dockets and invoices for waste disposal or recycling services are retained

Note: Materials that have an existing reuse or recycling market should not be disposed of in a

landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully removed and segregated from other waste streams. Standard Condition: E31

E.18 Site waste minimisation and management – Construction

In order to maximise resource recovery and minimise residual waste from construction activities: a) The provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

be implemented at all times during the course of the work b) Arrange for the delivery of materials so that materials are delivered ‘as needed’ to

prevent the degradation of materials through weathering and moisture damage c) Consider organising to return excess materials to the supplier or manufacturer d) Allocate an area for the storage of materials for use, recycling and disposal (considering

slope, drainage, location of waterways, stormwater outlets and vegetation) e) Clearly ‘signpost’ the purpose and content of the storage areas f) Arrange contractors for the transport, processing and disposal of waste and recycling.

Ensure that all contractors are aware of the legal requirements for disposing of waste. g) Promote separate collection bins or areas for the storage of residual waste h) implement measures to prevent damage by the elements, odour and health risks, and

windborne litter i) Minimise site disturbance and limit unnecessary excavation j) Ensure that all waste is transported to a place that can lawfully be used as a waste

facility k) Retain all records demonstrating lawful disposal of waste and keep them readily

accessible for inspection by regulatory authorities such as council, Department of Environment and Climate Change (DECC) or WorkCover NSW Standard Condition: E32

E.19 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or


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All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances.

The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations.

Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au .


impose one or more Infrastructure Works Bonds. Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993.


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When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.



Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.



The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.






Note: Further information can be obtained from Workcover NSW’s website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7

K.8 Asbestos Removal, Repair or Disturbance

Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: a) The Occupational Health and Safety Act 2000; b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:





K.9 Lead Paint

It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings. Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.




K.10 Dividing Fences The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences.

Note: Further information can be obtained from the NSW Department of Lands -

http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm. Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/.


K.11 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Simon Taylor, Assessment Officer, on (02) 9391 7162. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.



An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period.



Note: The Application for Refund of Security form can be downloaded from


K.13 Model

If you submitted a model with the application it must be collected from the Council offices within fourteen (14) days of the date of this determination. Models not collected will be disposed of by Council. Standard Condition: K21

Simon Taylor David Waghorn ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Technical Services referral 2. Trees and Landscaping referral 3. Plans and elevations

DA 629/2010/2 Woollahra Council Application Assessment Panel 247 Underwood Street PADDINGTON 29 November 2011


SECTION 96 APPLICATION ASSESSMENT REPORT ITEM No.

D5

FILE No. DA 629/2010/2

ADDRESS:

247 Underwood Street PADDINGTON

EXISTING CONSENT: Partial demolition and re-build of secondary rear wing on west elevation; new deck to rear and downsizing existing pool

TYPE OF CONSENT: Local

DATE OF CONSENT: 14/03/2011

PROPOSED MODIFICATION:

New smaller balcony on western side to replace deleted; replace ground floor front doors with traditional styled doors and first floor security screen with louvred french doors; internal modifications including attic; landscaping modifications

DATE S96 LODGED: 17/08/2011

CONSENT AUTHORITY

Council

APPLICANT: Mr M F Correa

OWNER: Mr M F Correa & Mrs H K Carter

AUTHOR: Ms Z Piper

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2. DESCRIPTION OF APPROVED PROPOSAL

The approved development involves the following: Front:

Demolish existing solid boundary wall and install a new palisade iron fence and gate with planter.

Reinstate decorative detail and window to front door. New balcony addition along western elevation with corten steel reinterpretation of existing

lacework balustrade.

Ground Floor:

Partial demolition of the existing secondary wing and creation of a new boundary to boundary secondary wing including a new family room, deck and breakfast area with skylight and planter above.

Existing dining room stairs to be removed. Creation of a new bin storage area. Creation of new kitchen pantry.

First Floor:

New secondary wing with new bedroom 1 and ensuite. Creation of balcony to streetfront elevation. Creation of balcony off bedroom 1. New wall between study and bathroom. New stair to attic. New louvred window to study. Installation of a solar hot water unit. 2x new skylights. New metal roof over secondary wing and balcony.

Rear Yard:

Existing pool and timber deck to be partially demolished and resized. Pool equipment to be stored under deck. Existing glass balustrade and gate to be relocated. Magnolia tree to be relocated to garden area. New deck and steps off Family room with retractable awning over. Removal of tree and steps.

The approval included Condition C.1 and E.2 which read: C.1 Modification of details of the development (Section 80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments:



a) The first floor balcony on the western side of the principle building form, including the new metal roof, steel balustrade, window (e) and two louvred doors (FW1 & FW2) are to be deleted. A new vertically proportioned, timber framed window is to be installed to replace the louvred ensuite door and is to match the sill height of the existing front windows on the southern elevation.

b) The existing front door & fanlight and front window & fanlight are to be retained with the exception of restoring the mouldings.

c) The glass balustrade to the rear first floor balcony is to be deleted and replaced with a balustrade material in accordance with Table 1 of Clause 4.2.8 in the Paddington Heritage Conservation Area Development Control Plan.

d) In accordance with Table 1 of Clause 4.2.8 in the Paddington Heritage Conservation Area Development Control Plan, all new roofing is to be corrugated metal sheeting.

e) In accordance with Clause 4.2.1 of the PHCA DCP the skylights must be of a low profile, be flush with the roof surface, have simple, unobtrusive detailing and be non-reflective. Colouring must also merge with the roofing material.




Council Ref No


1 Magnolia x soulangeana (Saucer Magnolia)

Rear – West boundary 4 x 4

b) The following trees must be transplanted and successfully established in the location(s)

indicated on the approved landscape plan:

Council Ref No


1 Magnolia x soulangeana (Saucer Magnolia)

Rear – West boundary 4 x 4

Note: The tree/s required to be retained should appear coloured yellow on the construction certificate

plans.

c) The following trees may be removed:

Council Ref No


2 Murraya paniculata (Mock Orange)

Rear – west boundary 5 x 3


3. DESCRIPTION OF PROPOSED MODIFICATION

The proposal includes the following:



Remove Condition C.1 (a) of the original consent and replace with the amended balcony and ensuite doors.

Remove Condition C.1 (b) of the original approval and replace ground floor front non-original doors with traditional style doors and replace first floor security screen with louvred French doors.

Street front kerb to be widened by 500mm and approved palisade iron front gate to have planter removed.

Ensuite walls to be fire-rated horizontal clad wall instead of vertical timber cladding. Modifications to skylights including the addition of skylight 4 to ensuite, standard sizes to

skylight 1 -2, skylight 3 deleted and approved roof planter extended. Attic internal walls modified to suit head heights. Part of attic floor to be replaced. Modified landscaping to rear garden and pool area. Remove Condition E.2 (a) & (b) of the original consent and replace with a new mature

magnolia tree to new location. Approved solar hot water unit relocated marginally towards east for better solar access. First floor balcony 3 approved sliding door to be double French doors. First floor internal door to ensuite to be louvred double doors.

4. DESCRIPTION OF SITE AND LOCALITY

The subject site is located at No.247 Underwood Street, Paddington. A two storey terrace house with an attic, rear swimming pool and two off street car spaces (tandem) are accessible from Underwood Street. The 254.2m2 site is rectangular shaped with land sloping gently down from the south (front) to the north (rear) by 1 meter. The subject terrace does not form part of any group and is independent from its adjoining properties. The eastern adjoining dwelling house at No. 249 is a two storey rendered terrace house which is a pair with its adjacent terrace at No.251. The western adjacent dwelling at No.245 is a 2 & 3 storey rendered house which is not part of a group. Underwood Street is a long one way street that runs parallel to the popular commercial precinct of Oxford Street. It has mostly 2-3 storey Victorian-era terrace houses, single storey workers cottages and a few apartment blocks reflecting a mix of development.


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7.5 Substantially the same development

Section 96(2)(a) of the Environmental Planning and Assessment Act 1979 requires Council as the consent authority to be satisfied that the development to which the consent as modified relates to substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified. The modifications will result in substantially the same development.

ENVIRONMENTAL ASSESSMENT UNDER S.79C 8. STATE/REGIONAL INSTRUMENTS AND LEGISLATION

8.1 SEPPs

State Environmental Planning Policy No. 55 Under Clause 7(1)(a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the initial site evaluation provided by the applicant indicates the land does not require further consideration under Clause 7(1)(b) and (c) of SEPP 55. 8.2 REPs

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour Catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration in relation to this DA 8.3 Additional Section 94 Contribution

Not applicable. 8.4 Other legislation

Not applicable. 9. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995

9.1 Aims and objectives of WLEP 1995 and zone

The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the zone.



9.2 Statutory compliance table

Site Area (257.4m2) Approved

Development Proposed

Modification Control Complies

Overall Height (metres) 10.6m (chimney)

9.3 (ridge) 7.0m 9.5m YES

9.4 Height

The height of the development is below the statutory height limit pursuant to Clause 12 of the WLEP 1995 and is acceptable in this regard. 9.7 Other special clauses/development standards

Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18. Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: The proposed modifications are considered reasonable and consistent with Clause 28 of the WLEP 1995. 10. DRAFT AMENDMENTS TO STATUTORY CONTROLS

Not applicable. 11. DEVELOPMENT CONTROL PLANS

11.1 Compliance table – Paddington Heritage Conservation Area - Development Control Plan 2008

Site Area (257.4m2) Approved

Development Proposed

Modification Control Complies

Building Setback to Street Frontage

Maintain Existing Setback



YES

Height of Existing Building at Street Frontage (metres)

Maintain Existing Height



YES

Transparent material to rear roof planes

< than 25% of the Rear Roof Plane

25% of the Rear Roof Plane

< than 25% of the Rear Roof Plane

YES

Solar Access to Private Open Space of adjoining properties (Hours on 21 June)

50% (or 35m2 with dimension 2.5m)

for 3 hours between 9am and 3pm





YES

Solar Access to North Facing Windows of Habitable Rooms on Adjoining Properties (Hours on 21 June)

3.0 hours 3.0 hours 3.0 hours YES

Deep Soil Landscaping – Dwelling Site Area ≥180m2

>12% site area

(36.1m2)

>12% site area

( 42.1m2)

12% site area

(30.8m2) YES



Public land (Part 3) Council’s Technical Services Officer made the following comments:

‘The existing footpath and K&G are in a serviceable condition. There are no objections to widening the vehicle crossing to 3.0 but it will need to be wholly reconstructed in accordance with Council’s Standard Drawing RF2B. A separate application under Section 138 of the Roads Act will need to be provided to Council prior to commencement of this element of the proposal’.

Subject to Condition C.9, the proposal is considered acceptable under Part 3 of the PHCA DCP 2008. Principal building form and street front zone of significant buildings (Part 4.1.1) Modification works are proposed to the principle building form. Control C.1 stipulates that: C1 The significant external elements of a principal building form are to be retained and

conserved, that is: significant external fabric is to be retained and conserved, characteristic elements such as roof pitches, eave heights and chimneys are to be

retained and conserved, no external alterations or additions are to be made to the significant elevations,

details, materials or finishes of the principal building form except to allow for restoration or reconstruction,

the main rear wall to the principal building form should be left largely intact, and significant verandahs and balconies are not to be infilled or enclosed.

A 5.7m x 2m first floor balcony was originally proposed to the western side of the principle building form. Condition C.1 (a) was imposed requiring the balcony to be deleted from the scope of work. This was due to the balcony appearing dominant in form, which confused the reading of the street front elevation. The balcony has now been reduced in size to a depth of 1.8m from the originally proposed 5.7m and is attached to the first floor extension with a metal roof above. The balcony will be setback 4.9m from the front boundary and 4.0m from the front building line respectively. Council’s Heritage Officer reviewed the proposal and made the following comments:

‘A new element is proposed for the street front zone, which includes a first floor verandah which is to match the existing terrace in style and detailing. This new element is sympathetically design and setback from the front façade so it will not dominate the reading of the principal building form from the street’.

The submissions raised the following concern:

‘The balcony would form a roof over the void area used as a tandem car space, which would form a garage structure’.



The tandem car space was approved under BA 1528/1970. Objective 2 of Part 4.2.6 states that significant buildings rather than vehicular access and parking structures are to remain the dominant element in the streetscape. As the addition is adequately setback (4.9m from the front boundary) and has been significantly reduced in size, the balcony addition would not create significant bulk to the street front zone or compete with the significance of the original building. Therefore in this case, the proposed balcony as amended is considered acceptable and consistent with Objective 2. As such, Condition C.1 (a) is recommended to be deleted. The proposed modifications to the front façade, including replacement of the front door and French doors are now considered acceptable. This is because the building has already been significantly altered, the existing doors are not original and the proposed new elements are in character with the style of the building. Additionally, internal work to the principal building form is minor and considered acceptable in this case as the interior has been substantially modified. As such, Condition C.1 (b) is recommended to be deleted. The proposal is therefore considered acceptable and consistent with the objectives and controls of Part 4.1.1 of the PHCA DCP. Rear elevations, rear additions, significant outbuildings and yards (Part 4.1.3) Modifications to the rear are considered minor and would be consistent with the approved development, complying with the Objectives and Controls stipulated under Part 4.1.3 of the PHCA DCP. Roofs and roof forms (Part 4.1.4) No change is proposed to the roof form of the approved development. Open space, swimming pools, lightwell courtyards and landscaping (Part 4.1.7) An acceptable amount of private open space and deep soil landscaping will be maintained on site and the proposal satisfies the requirements stipulated in Table 1 of Part 4.1.7. The applicant seeks to remove Condition E.2 (a) & (b) and replace with a mature Magnolia tree. Council’s Open Space and Trees Officer made the following comments:

The supplied letter from Alpine Treemovals advises of the difficulty in accessing and relocating the existing Magnolia tree. The proposition appears valid and I support the proposal to delete existing conditions E.2 (a) & (b).

As such, Condition E.2 is recommended to be amended by deleting Parts (a) and (b) and modifying Part (c) accordingly. In addition, Condition E.19 is recommended for a replacement tree. In view of the above, the proposed modification is considered acceptable under Part 4.1.7 of the PHCA DCP. Building height, bulk, form and scale (Part 4.1.8) The proposed first floor balcony addition is considered to be of a height, bulk, form and scale which is sympathetic with the already approved development and does not dominate in form due to the proposed setback.



An objection was raised by No.245 Underwood Street concerning the proposed western balcony impacting on ventilation that comes from the breezeway between the properties via windows and skylights on the eastern side of the house. Although the balcony would extend to the western boundary, it would have a negligible impact in terms of ventilation as the eastern windows to No.245 are setback 1.8m from the proposed buildings common side boundary and are orientated towards the south towards Underwood Street. It is therefore considered that the proposal would not detrimentally impact on the ventilation of No. 245. Objections were also raised by No. 245, 210 & 212 Underwood Street, regarding the development impacting on solar access. Analysis of the shadow diagrams provided by the applicant, indicate that the proposal would have a minor impact on the front courtyards of No. 210 & 212 Underwood Street at 9:00am on June 21. Notwithstanding this, No. 210 & No. 212 will retain direct sunlight for more than 3 hours on June 21 and remain compliant with Control C5. No.245 Underwood Street is a large residence that overshadows itself on the southern aspect for the majority of the day, including the front courtyard that they have raised as a concern. The additional shadow cast at 9:00am is considered negligible and would only constitute a slither of the eastern side passage way. No.245 Underwood Street’s private open space will be free from shadow for 3 hours between 12:00 noon and 3:00pm during the winter solstice and therefore remains compliant in terms of Control C5. Furthermore, the proposed modification would not impact upon the north facing window and is acceptable in this circumstance. The proposal is considered satisfactory in regard to the objectives and guidelines of Part 5.1.7 of the PHCA DCP 2008. Views (Part 4.1.9) The proposal will not obstruct any significant views attained from the public or private domain. Accordingly, the proposal is considered acceptable in this regard. Acoustic and visual privacy (Part 4.1.10) The following controls are relevant to the proposal: C6 Direct overlooking of the main living areas and private open space areas of adjoining and

adjacent properties should be minimised by the sensitive location of windows, balconies, and screening devices.

C7 Rear and side balconies must not impact on:

the privacy and amenity of the building’s occupants, or on the amenity of the occupants of adjoining and adjacent properties.

Objections were received from adjacent neighbours at No.245, 210 & 212 Underwood Street, with concerns regarding loss of acoustic and visual privacy as a result of the proposed balcony to the western side. Acoustic privacy: No.245 Underwood Street are concerned the proposed balcony above the existing approved car space will amplify noise and vibration from the car engine against the wall of their house, affecting the amenity of their living areas.


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Dormer windows and skylights (Part 4.2.1) C29 Rear roof planes are not to incorporate more than 25% transparent material. This

includes the area of skylights and dormer windows. The proposed modifications include relocating and resizing of 3 x new skylights to the secondary rear wing roof form. The skylights are appropriately located, achieve consistency with Control C29 stipulated above and will not be visible from the public domain. The proposal is considered acceptable under Part 4.1.2 of the PHCA DCP 2008. Windows, doors and shutters and security (Part 4.2.3) C1 Original windows, doors and shutters on elevations on the principal building form and

side elevations facing the street are to be retained. It is proposed to replace the front ground floor non-original doors with traditional styled, double doors, that are vertically proportioned with top highlight windows. Additionally, the proposed timber shutters to the French doors on the front, first floor balcony are to replace the existing security bars. Council’s Heritage Officer made the following comment:

‘The proposed alterations to the front façade including replacement front door and French doors are acceptable as the building has already been significantly altered, the existing doors are not original and the proposed new elements are in character with the style of the building’.

In this regard, the proposal is considered consistent with the objectives and controls under Part 4.2.3 of the PHCA DCP 2008. Verandahs and balconies (Part 4.2.4) As discussed above, the proposal includes the creation of a 1.8m long, first floor balcony to the western side, street front. This new element is consistent with the architectural style, materials and details of the building. Due to the size, setback and location of the proposed balcony, no unreasonable amenity impacts to adjoining and adjacent neighbours will result. The proposal is considered acceptable under Part 4.2.4 of the PHCA DCP 2008. Fences, walls and gates (Part 4.2.5) It is proposed to modify the approved palisade iron front gate by removing the planter. The gate will match the already approved front palisade iron fencing and is considered acceptable in this regard. On-site vehicle parking, garages, driveway access and servicing facilities (Part 4.2.6) The existing approved tandem car parking spaces (BA 1528/1970) will be retained, however the proposed balcony would form a roof over the car spaces below.



Objective O2 is to ensure that significant buildings rather than vehicular access and parking structures remain the dominant element in the streetscape. Due to the small size of the balcony and generous setback from the streetfront, the proposal is considered compliant with Objective O2. It is also proposed to widen the streetfront kerb by 500mm to have a total carpark entry width of 3000mm. Council’s Development Engineer has no objection subject to Conditions C.9, E.18 and K.13. The proposed modification is therefore considered acceptable under Part 4.2.6 of the PHCA DCP 2008. Satellite dishes, solar devices, air conditioning units, aerials and site facilities (Part 4.2.7) It is proposed to relocate the approved solar hot water system. This is consistent with Control C.9 and is therefore acceptable with regard to Part 4.2.7 of the PHCA DCP 2008. Materials, finishes and details (Part 4.2.8) The proposed materials, finishes and details are considered to respond appropriately to the existing terrace and the context of the area. The proposal is consistent with Part 4.2.8 of the PHCA DCP 2008. 11.2 DCP for off-street car parking provision and servicing facilities

Not applicable. 11.3 Woollahra Access DCP

The proposed modifications do not alter the level of accessibility of the approved development. 11.4 Other DCPs, codes and policies

Not applicable. 12. APPLICABLE REGULATIONS

Not applicable. 13. THE LIKELY IMPACTS OF THE MODIFIED DEVELOPMENT

All likely impacts have been discussed in the body of the report above. 14. SUBMISSIONS

In accordance with clause 4.5 of Woollahra Municipal Council’s Development Control Plan for Advertising and Notification of Development Applications, the applicant has completed the statutory declaration, declaring that the site notice for DA 629/2010/2 at 247 Underwood Street, Paddington was erected and maintained during the notification period in accordance with the requirements of the DCP.



The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Five (5) submissions were received; two were from No.245 Underwood Street:

Helen Presgrave & J.J Gevert 245 Underwood Street PADDINGTON NSW 2021

Denise Macpherson

212 Underwood Street PADDINGTON NSW 2021 The Paddington Society PO Box 99 PADDINGTON NSW 2021 Shadi Baini & Katerina Petrogiannaski 210 Underwood Street PADDINGTON NSW 2021

Objectors Concerns: The proposed balcony addition on the western side of the front with a depth of 1.8m and 2.5m wide will result in the following:

Loss of amenity, visual privacy & noise. Adverse bulk/scale. Contravenes the PHCA DCP.

Assessment Officers Comments: Refer to Section 11.1 under headings ‘Acoustic and visual privacy (Part 4.1.10) & Principal building form and street front zone of significant buildings (Part 4.1.1)’ & in the report above. Council’s Heritage Officer made the following comments in relation to the proposed balcony:

‘A new element is proposed for the street front zone, which includes a first floor verandah which is to match the existing terrace in style and detailing. This new element is sympathetically design and setback from the front façade so it will not dominate the reading of the principal building form from the street’.

Objectors Concerns:

Replacement of the ground floor French doors with traditional styled doors. Assessment Officers Comments: Refer to Section 11.1 under heading ‘Windows, doors and shutters and security (Part 4.2.3) & Principal building form and street front zone of significant buildings (Part 4.1.1)’ in the report above.



The proposed alterations to the front façade, including replacement front door and French doors are considered acceptable. This is because the building has already been significantly altered, the existing doors are not original and the proposed new elements are in character with the style of the building. Objectors Concerns:

The roof deck to the rear is adjacent to the eastern boundary with potential overlooking into the rear yard of 249.

Assessment Officers Comments: Refer to Section 11.1 under heading ‘Acoustic and visual privacy (Part 4.1.10)’ in the report above. The removal of the skylight over the breakfast area and creation of a planter will not be used as a trafficable roof terrace and will only be used for maintenance purposes. See Condition I.2. Objectors Concerns:

Loss of solar access/ventilation. Assessment Officers Comments: Refer to Section 11.1 under heading ‘Building height, bulk, form and scale (Part 4.1.8)’ in the report above. Objectors Concerns:

Driveway kerb extension – removing on street parking spaces. The sliding gate closes onto the adjoining wall of No.245 Underwood Street. When closed this will encroach over the boundary and reverberate into our house.

Assessment Officers Comments: The 500mm extension of the kerb is towards Jersey Road, in front of the subject site. This will have no impact on the two car spaces in front of 245 Underwood Street. Additionally, Council’s Development Engineer raises no objections. The front sliding gate with planter is to stop 100mm short from the side boundary wall, to be within the site boundaries. The track will not extend beyond the site boundary. The applicant advised that a gate stopper is to be installed to prevent this from occurring. As such, Condition C.1 (f) is recommended accordingly. Objectors Concerns:

Contravenes Australian Standard AS2890.1.2004. – parking.



Assessment Officers Comments: The proposed modification was referred to Council’s Development Engineer who raised no objection with regards to the Australian Standard. The existing tandem car space was previously approved under BA 1528/1970. 15. CONCLUSION - THE PUBLIC INTEREST

The proposal is acceptable against the relevant considerations under S96 and S79C and would be in the public interest.

16. DISCLOSURE STATEMENTS

Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 17. RECOMMENDATION: Pursuant to Section 96 of the Environmental Planning and


THAT Council, as the consent authority, modify development consent to Development Application No. 629/2010 part 2 for partial demolition and re-build of secondary rear wing on west elevation; new deck to rear and downsizing existing pool on land at 247 Underwood Street Paddington, in the following manner: The following conditions are added: A.4 Approved Amended (Section 96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the use and works in accordance with the approved plans and supporting documents listed in the original consent, as amended by the amended approved plans and supporting documents as submitted by the Applicant and to which is affixed a Council stamp “Approved Section 96 Plans” listed below otherwise than modified by further condition(s). Where the plans relate to amendments, alterations or additions only those works shown in colour or highlighted are approved.


1015_DA01 Issue C Site Analysis Plan Luigi Rosselli 2011.08.02 1015_DA02 Issue C Site & Roof Plan Luigi Rosselli 2011.08.02 1015_DA03 Issue C Ground Floor Luigi Rosselli 2011.08.02 1015_DA04 Issue C First Floor Plan Luigi Rosselli 2011.08.02 1015_DA05 Issue C Attic Floor Plan Luigi Rosselli 2011.08.02 1015_DA06 Issue C North & South Elevation Luigi Rosselli 2011.08.02 1015_DA07 Issue C West Elevation Luigi Rosselli 2011.08.02 1015_DA08 Section AA Luigi Rosselli 2011.08.02 LP01 Rev B Section 96 Landscape Plan Luigi Rosselli 2011.08.08



Note: These plans and supporting documentation may be subject to conditions modifying the development imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A6 (Autotext AA6)

C.9 Road and Public Domain Works – Council Approval Required

A separate application under Section 138 of the Roads Act 1993 is to be made to, and approved by Council prior to the issuing of a Construction Certificate for the following infrastructure works, which must be carried out at the applicant’s expense: a) Full width vehicular crossings having a width of 3.0m in accordance with Council’s

standard driveway drawing RF2B. b) A design longitudinal surface profile for the proposed driveway must be submitted for

assessment.





E.18 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous

Works Road works and work within the Road and Footway

All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down

loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24 (Autotext EE24)


The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed.



Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council’s Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council’s Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below.

Species/Type Planting Location Container Size or

Size of Tree (@ time of planting)

Minimum Dimensions at Maturity

Magnolia denudata Yulan Magnolia

Rear – East boundary as indicated on supplied plan LP01

75 litre 7 x 5

All replacement trees are to be NATSPEC grown.

I.2 Roof planer

The rear roof planer over the breakfast area is not to be used as a trafficable roof terrace. This condition has been imposed to protect the amenity of the adjoining neighbour.

K.13 Roads Act Application

Works or structures over, on or under public roads or footpaths are subject to Sections 138, 139 and 218 of the Roads Act 1993 and specifically: Construction of driveways and/or new or alterations to footpath paving Alteration and/or extension to Council drainage infrastructure Alteration and/or addition of retaining walls Pumping of water to Council’s roadway Installation of soil/rock anchors under the roadway







All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances.

The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations. Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au .


impose one or more Infrastructure Works Bonds. Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Standard Advising: K24 (Autotext KK24)

Condition C.1 and E.2 are modified and shall be read as follows: C.1 Modification of details of the development (Section 80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) Deleted. b) Deleted. c) The glass balustrade to the rear first floor balcony is to be deleted and replaced with a

balustrade material in accordance with Table 1 of Clause 4.2.8 in the Paddington Heritage Conservation Area Development Control Plan.



d) In accordance with Table 1 of Clause 4.2.8 in the Paddington Heritage Conservation Area Development Control Plan, all new roofing is to be corrugated metal sheeting.

e) In accordance with Clause 4.2.1 of the PHCA DCP the skylights must be of a low profile, be flush with the roof surface, have simple, unobtrusive detailing and be non-reflective. Colouring must also merge with the roofing material.

f) A gate stopper shall be installed to the vehicular gate in order to avoid closing onto the adjoining wall of No.245 Underwood Street.

Note: The effect of this condition is that it requires design changes and/or further information to be provided



Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent


All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) Deleted. b) Deleted.


Council Ref No


1 Magnolia x soulangeana Saucer Magnolia Side – West boundary 4 x 4 2 Murraya paniculata (Mock Orange) Rear – west boundary 5 x 3

Note: The tree/s that may be removed should appear coloured red on the construction certificate plans

Ms Z Piper Mr T Wong ASSESSMENT OFFICER ACTING TEAM LEADER ANNEXURES

1. Plans and elevations 2. Technical Services Referral Response 3. Open Space and Trees Referral Response 4. Heritage Officers

DA 471/2011/1 Woollahra Council Application Assessment Panel 10 Etham Avenue DARLING POINT 29 November 2011




PROPERTY DETAILS

10 Etham Avenue DARLING POINT Lot & DP No.: LOT: Y DP: 434806 Site Area (m²): 1,972.8m2 Zoning: Residential 2(b)

PROPOSAL:

Replace existing balcony balustrades on western facade with frameless glass

TYPE OF CONSENT:

Local

APPLICANT:

Smart Design Studio

OWNER:

10 Etham Avenue Pty Ltd

DATE LODGED:

17/10/2011

AUTHOR:

Ms Z Piper

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO 1. RECOMMENDATION PRECIS

The application is recommended for conditional approval because it:

1. is permissible under the zoning, 2. complies with the objectives of the relevant planning standards contained in WLEP 1995 and

WRDCP 2003, 3. is an appropriate design for the site, and 4. will not have adverse effects on the amenity of adjoining properties such that refusal is

justified. 2. PROPOSAL PRECIS

Replace existing balcony balustrades on western facade with frameless glass.

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8. PROPERTY HISTORY

PROPERTY HISTORY

Current use Residential Previous relevant applications Not applicable. Pre-DA Not applicable. Requests for additional information Not applicable. Amended plans/ Replacement Application

Not applicable.

Land & Environment Court appeal Not applicable. 9. REFERRALS


Not applicable. 9.2 The following table contains particulars of external referrals.

Not applicable.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION

10.1 SEPPs

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. A125104 committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000. State Environmental Planning Policy No 65—Design Quality of Residential Flat Development

This Policy applies to development being the substantial redevelopment or the substantial refurbishment of an existing residential flat building. It is considered that this application does not constitute substantial refurbishment and no further consideration of the provisions of this policy is required. 10.2 REPs

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour Catchment area so the Sydney Regional Environmental Plan applies. This plan has the following aims with respect to the Sydney Harbour Catchment:



The provisions of Clauses 13, 25 and 26 of this instrument and the accompanying DCP for SREP (Sydney Harbour Catchment) 2005, require Council to consider the visual impact that a development proposal will have upon Sydney Harbour and adjoining foreshore areas and the likely impact upon available views to and from Sydney Harbour. The subject site is within the area to which the SREP applies. This plan has the following aims with respect to the Sydney Harbour Catchment: (a) to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are

recognised, protected, enhanced and maintained: (i) as an outstanding natural asset, and (ii) as a public asset of national and heritage significance, for existing and future

generations, (b) to ensure a healthy, sustainable environment on land and water, (c) to achieve a high quality and ecologically sustainable urban environment, (d) to ensure a prosperous working harbour and an effective transport corridor, (e) to encourage a culturally rich and vibrant place for people, (f) to ensure accessibility to and along Sydney Harbour and its foreshores, (g) to ensure the protection, maintenance and rehabilitation of watercourses, wetlands, riparian

lands, remnant vegetation and ecological connectivity, (h) to provide a consolidated, simplified and updated legislative framework for future planning. The proposed works to the building will not be visible from the harbour as the new balustrades are only to the western façade, which fronts Etham Avenue. The proposal is therefore compliant with the objectives of the SREP and considered acceptable in this regard. 10.3 Section 94 contribution

Not applicable. 10.4 Other relevant legislation

Not applicable. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995

11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5))

The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2 (b) zone. 11.2 Statutory compliance table

Site Area: 1,972.8m2 m² Existing Proposed Control Complies

Overall Height 22.5m 19.0m 9.5m NO*

*Existing non-compliance (no further exceedence).



11.4 Height

The proposal is non-compliant with the statutory 9.5m height limit pursuant to Clause 12 of the Woollahra LEP 1995, as such; a SEPP No. 1 objection to the development standard has been submitted. The following assessment of the SEPP 1 objection applies the questions established in Winten Property Group Limited v North Sydney Council. These questions remain the principal tests to establish whether or not a SEPP No.1 Objection is well founded, however the more recent principles arising from Wehbe v Pittwater Council are applied to inform the assessment. 1. Is the planning control in question a development standard? The planning control in question is the height development standard, set by Clause 12 of the Woollahra LEP 1995. The extent of the variation being sought is 9.5m which in proportional terms equals 100%. 2. What is the underlying purpose of the standard? The objectives of the height standard listed under Clause 12AA of Woollahra LEP 1995 are: (a) to minimise impact of new development on existing views of Sydney Harbour, ridgelines,

public and private open spaces and views of the Sydney City skyline, (b) to provide compatibility with the adjoining residential neighbourhood, (c) to safeguard visual privacy of interior and exterior living areas of neighbouring dwellings, (d) to minimise detrimental impacts on existing sunlight access to interior living rooms and

exterior open space areas and minimise overshadowing, (e) to maintain the amenity of the public domain by preserving public views of the harbour and

surrounding areas and the special qualities of the streetscapes. 3. Is compliance with the development standard consistent with the aims of the Policy, and in

particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act?

The aim of the Policy is set out at clause 3 and seeks to “provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in s.5 (a) (i) and (ii) of the EPA Act”. (a) Objectives underlying Development Standard In Whebe v Pittwater Council Preston CJ states that:

“An objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways. The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved not withstanding non-compliance with the standard.”

The applicant has submitted a SEPP 1 objection in relation to this non-compliance, which states that:



‘The proposed works is within an existing building which is over the height control. No additional height will be added to the building. The proposal improves the visual amenity of the building and is of minor work’. Accordingly, the following assessment considers the objection against the provisions of Clause 12 of the WLEP 1995 and whether or not it is established that the objectives of the development standard are achieved irrespective of the non-compliance. Objective (a)

(a) The Objective aims to minimise impacts of new development on existing views, (b) Officer’s Assessment:

The proposed height will have no impact on existing view sharing arrangements. As such, compliance with the height standard is considered unreasonable and unnecessary as the proposal achieves consistency with objective (a).

Objective (b)

a) The Objective aims to provide compatibility with the adjoining residential neighbourhood, b) Officers Assessment:

The proposal will not alter the height, bulk and scale of the existing building. As a result, the proposal will be in keeping with the context of the locality. As such, compliance with the height standard is considered unreasonable and unnecessary as the proposal achieves consistency with objective (b).

Objective (c)

(a) The Objective aims to safeguard visual privacy, (b) Officers Assessment:

The proposed height will not impact upon visual privacy of any adjoining property. As such, compliance with the height standard is considered unreasonable and unnecessary as the proposal achieves consistency with objective (c).

Objective (d)

(a) The Objective aims to minimise overshadowing, (b) Officers Assessment:

The proposed height will not result in additional shadow cast. As such, compliance with the height standard is considered unreasonable and unnecessary as the proposal achieves consistency with objective (d).

Objective (e)

(a) The Objective aims to preserve public views of the harbour and surrounding areas, as well as special streetscape qualities,

(b) Officers Assessment:



The proposed height will not have any impacts on existing public views of ridgelines or the public domain. As such, compliance with the height standard is considered unreasonable and unnecessary as the proposal achieves consistency with objective (e).

As a result of this assessment it is considered that, notwithstanding the non-compliance with the development standard, the underlying objectives founding that standard are achieved by the proposed development. (b) The Objects of the Act The Land and Environment Court of New South Wales has established that it is insufficient merely to rely on absence of environment harm to sustain an objection under SEPP 1. This position was confirmed in Whebe v Pittwater Council. The following assessment considers whether the objection demonstrates that strict application of the development standard would hinder the attainment of the objects of the EPA Act. Section 5 of the Act prescribes the objects relevantly as:

(a) to encourage:

i. the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, town and villages for the purpose of promoting the social and economic welfare of the community and a better environment;

ii. the promotion and co-ordination of the orderly and economic use and development of land;

It is considered that, in the circumstances of the case, the strict application of the development standard would hinder the attainment of the objects of the Act for the following reasons:

The height of the building is an existing non-compliance and the proposal will not raise the height of the building;

The works proposed which exceed the height development standard will improve the external appearance and the functionality and amenity of the existing apartment building. As a result it will enhance (i) the proper management of developable land and (ii) the orderly economic use of land, and

There is no environmental or community benefit substantiating strict compliance with the development standard.

4. Is compliance with the standard unreasonable and unnecessary in the circumstances of

the case? The foregoing analysis has found that notwithstanding the non-compliance with Clause 12 of the Woollahra LEP 1995 the proposed development achieves the underlying objectives of that standard. Consequently, it is considered that the SEPP 1 objection has established that compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.



5. Is the objection well founded? The objection advanced by the applicant that compliance with Clause 12 of the Woollahra LEP 1995 is well founded on the basis that its strict application would hinder the attainment of the objects of the Act and that the proposed development achieves the underlying objectives of the standard notwithstanding the non-compliance. 11.5 Floor space ratio

No impact. 11.6 FSBL

No impact. 11.7 Other special clauses/development standards

Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2). Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clauses 26-33 Heritage and conservation area provisions: The proposal is in the Etham Avenue Heritage Conservation Area [HCA] and within close proximity to heritage items. The proposed replacement of the existing balustrades to the apartment building will have no impact on the amenity of the HCA or any heritage listed items. In this respect, the proposal is considered to accord with Clause 27 of the WLEP 1995. 12. DRAFT AMENDMENTS TO STATUTORY CONTROLS

Not applicable. 13. DEVELOPMENT CONTROL PLANS

13.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003

Due to the minor nature of the proposal, a compliance table is not considered necessary in this circumstance as all planning parameters will remain unchanged. Site analysis performance criteria (Part 3) The documentation submitted with the DA is considered to be satisfactory relative to the scale and nature of the proposed alterations and additions and is considered acceptable in terms of Part 3 of the WRDCP 2003.



Desired future precinct character objectives and performance criteria (Part 4) The site is located in the Darling Point Precinct. The design of the new balustrades to each balcony on the western façade of the building is consistent with the existing outward appearance of the apartment building. The proposal complies with the desired future character objectives by upgrading the existing appearance of the western façade of the building. The proposal is therefore considered to be acceptable and in compliance with Part 4 of the WRDCP 2003. Streetscape performance criteria (Part 5.1) The design of the new balustrades are consistent with the existing apartment building and would improve the appearance of the western façade, which is highly visible from Etham Avenue. The proposal is therefore considered acceptable under Part 5.1 of the WRDCP 2003. Building size and location performance criteria (Part 5.2) The proposed replacement of the existing balustrades on the western façade will not alter the existing building footprint. The proposed development maintains the amenity of the neighbouring properties by way of views, privacy and solar access. The proposal is therefore regarded as acceptable under Part 5.2 of the WRDCP 2003. Fences and walls performance criteria (Part 5.4) No impact. Views performance criteria (Part 5.5) The proposal will not alter the existing views or vistas from adjoining neighbours within the apartment complex or the public domain. It is therefore considered acceptable with regards to part 4.1.1 of the WRDCP 2003. Acoustic and visual privacy performance criteria (Part 5.8) The proposal will maintain the acoustic and visual privacy of neighbouring residents. In this respect, the proposal is considered acceptable under Part 5.8 of the WRDCP 2003. Harbour foreshore development performance criteria (Part 5.11) The proposed additions will not be visible from the harbour being on the western façade of the building, which faces Etham Avenue. In this respect, the proposal is considered to accord with the relevant objectives and performance criteria of Part 5.11 of the WRDCP 2003. Access and mobility performance criteria (Part 5.13) No impact.

13.2 DCP for off-street car parking provision and servicing facilities

No impact. 13.3 Woollahra Access

No impact.



13.4 Waste Not DCP

The proposal is considered to be satisfactory in relation to the provisions of our Waste Not DCP, subject to the imposition of relevant conditions[g22]. 13.5 Other DCPs, codes and policies

None relevant. 14. APPLICABLE REGULATIONS

Clause 92 of the EP&A Regulations 2000 requires that Council take into consideration Australian Standard AS 2601-1991: the demolition of structures. The proposal would comply by condition with Australian Standard AS 2601-1991: The demolition of structures. 15. THE LIKELY IMPACTS OF THE PROPOSAL

All likely impacts have been addressed in the body of the report above. 16. THE SUITABILITY OF THE SITE

The site is considered suitable for the proposed works. 17. SUBMISSIONS

In accordance with clause 4.5 of Woollahra Municipal Council’s Development Control Plan for Advertising and Notification of Development Applications and Applications to Modify Development Consents, the applicant has completed the statutory declaration declaring that the site notice for DA 471/2011 at 10 Etham Avenue, Darling Point, was erected and maintained during the notification period in accordance with the requirements of the DCP. One submission was received from the community from:

Jeff Belli-Slack Address not provided.

The letter notes ‘I have no objection to the renovation, however I do have an objection to how the body corporate manages their renovations at this building based on our experience of the last renovations’. Assessment Officers Comments: Council’s recommended conditions are implemented in order to ensure the development does not have any adverse impacts on the surrounding neighbourhood. The appointed PCA is to ensure compliance with the conditions of consent imposed by Council. 18. CONCLUSION - THE PUBLIC INTEREST

The proposal is acceptable against the relevant considerations under s79C and would be in the public interest.




Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission. 19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and


THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to Height under Clause 12 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as it is an existing non-compliance and all work is within the building footprint.

AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 471/2011 is consistent with the aims of the Policy, grant development consent to DA 471/2011 for replace existing balcony balustrades on western facade with frameless glass on land at 10 Etham Avenue Darling Point, subject to the following conditions: A. General Conditions A.1 Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1 (Autotext AA1)

A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council



Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: The collection of stormwater, The retention of stormwater, The reuse of stormwater, The detention of stormwater, The controlled release of stormwater; and Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: the use of land in connection with development, the subdivision of land, the erection of a building, the carrying out of any work, the use of any site crane, machine, article, material, or thing, the storage of waste, materials, site crane, machine, article, material, or thing, the demolition of a building, the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of




Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council.

Standard Condition: A2 (Autotext AA2)




DA:300 Rev A Western Elevation Smart Design Studio 07/10/11 DA:400 Rev A Section AA Smart Design Studio 07/10/11 DA:100 Rev A Typical Balcony Plan Smart Design Studio 07/10/11 DA:001 Rev A Site Plan Smart Design Studio 07/10/11 A125104 BASIX Certificate Department of Planning 12 October 2011

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped







Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1 (Autotext BB1)

C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Payment of Security, Levies and Fees (Section 80A(6) and Section 94 of the Act, Section

608 of the Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate, subdivision certificate or occupation certificate, as will apply.







No



$2,000 No T115


This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . INSPECTION FEES

under Section 608 of the Local Government Act 1993 Security Administration Fee $175 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES


Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: Cash deposit with Council, Credit card payment with Council, or Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Standard Condition: C5 (Autotext CC5)






Standard Condition: C35 (Autotext CC35)



Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate. Note: This does not affect the right of the developer to seek staged Construction Certificates.



The applicant must submit to the Certifying Authority BASIX Certificate No. A125104 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new






work D.1 Compliance with Building Code of Australia and insurance requirements under the


For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building




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This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

Clause 227A of the Regulation provides:






Standard Condition: D12 (Autotext DD12)


Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a) Must be a standard flushing toilet, and b) Must be connected to a public sewer, or c) If connection to a public sewer is not practicable, to an accredited sewage management

facility approved by the council, or d) If connection to a public sewer or an accredited sewage management facility is not

practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.



Note: This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 (Autotext DD13)





















Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act.





a) For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.










E. Conditions which must be satisfied during any development work E.1 Hours of Work –Amenity of the Neighbourhood








This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in







E.2 Compliance with Building Code of Australia and insurance requirements under the







b) To the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.

Standard Condition: E1 (Autotext EE1)












E.5 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must: Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. a) Not use the road or footway for the storage of any article, material, matter, waste or

thing. b) Not use the road or footway for any work. c) Keep the road and footway in good repair free of any trip hazard or obstruction. d) Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all


and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close


Note: Section 138 of the Roads Act 1993 provides that a person must not: erect a structure or carry out a work in, on or over a public road, or dig up or disturb the surface of a public road, or



remove or interfere with a structure, work or tree on a public road, or pump water into a public road from any land adjoining the road, or connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority.

Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: Part C Management of Waste:


Part E Public roads: a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.” c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.



The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.







Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards.


E.8 Prohibition of burning

There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area.



Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all

burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.


E.9 Dust Mitigation

Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust. Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site













E.11 Site waste minimisation and management – Demolition In order to maximise resource recovery and minimise residual waste from demolition activities:



a) The provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to be implemented at all times during the course of the work

b) An area is to be allocated for the storage of materials for use, recycling and disposal (giving consideration to slope, drainage, location of waterways, stormwater outlets, vegetation and access and handling requirements)




Protection of the Environment Operations Act (1997) c) Waste is only transported to a place that can lawfully be used as a waste facility d) Generation, storage, treatment and disposal of hazardous waste and special waste

(including asbestos) is conducted in accordance with relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by Workcover NSW



landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully removed and segregated from other waste streams. Standard Condition: E31 (Autotext EE31)








facility



k) Retain all records demonstrating lawful disposal of waste and keep them readily accessible for inspection by regulatory authorities such as council, Department of Environment and Climate Change (DECC) or WorkCover NSW Standard Condition: E32 (Autotext EE32)



A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: new building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1 (Autotext FF1)


No condition. H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the

Final Occupation Certificate. Standard Condition: H12 (Autotext HH12)

H.2 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No. A125104.

I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A125104. Note: This condition affects successors in title with the intent that environmental sustainability measures must

be maintained for the life of development under this consent. Standard Condition: I7 (Autotext II7)



J. Miscellaneous Conditions

No condition. K. Advisings K.1 Criminal Offences – Breach of Development Consent and Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being

recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1 (Autotext KK1)


Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html .



The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work. Standard Condition: K5 (Autotext KK5)


The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner. Standard Condition: K6 (Autotext KK6)




http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7 (Autotext KK7)


An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements.



Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from

http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15 (Autotext KK15)

K.6 Recycling of Demolition and Building Material

It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17 (Autotext KK17)

K.7 Owner Builders


Standard Condition: K18 (Autotext KK18)

K.8 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Z. Piper Assessment Officer, on (02) 9391 7098. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

Standard Condition: K14 (Autotext KK14)

Ms Z Piper Mr T Wong ASSESSMENT OFFICER ACTING TEAM LEADER ANNEXURES 1. Plans and elevation

DA 206/2011/1 Woollahra Council Application Assessment Panel 7 Rosemont Avenue WOOLLAHRA 29 November 2011




PROPERTY DETAILS

7 Rosemont Avenue, Woollahra Lot & DP No.: LOT: 7 DP: 956781 Side of Street: South Site Area (m²): 664.3m2 Zoning: Residential 2(b)

PROPOSAL Alterations and additions including new basement, garage and

swimming pool & spa, landscaping and siteworks

TYPE OF CONSENT:

Local Development

APPLICANT:

Trevor Hall Architects

OWNER:

Mr D A Klinger

DATE LODGED:

26/05/2011 – original proposal 07/06/2011 – amended plans 13/10/2011 – amended plans

AUTHOR:

Ms S Chambers

DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES NO

1. RECOMMENDATION PRECIS

It is recommended that development consent be granted, subject to conditions.

2. PROPOSAL PRECIS

The proposal involves alterations and additions including new basement, garage and swimming pool & spa, landscaping and siteworks.

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THE SITE AND LOCALITY

Physical features

The subject site is located on the southern side of Rosemont Avenue. The site is predominantly rectangular in shape and has a total site area of 664.3m2. It has a northern frontage to Rosemont Avenue measuring 15.55m, a southern (rear) boundary measuring 15.55m, an eastern boundary measuring 42.67m and a western boundary measuring 42.58m.

Topography There is a fall from south to north of approximately 4m. Existing buildings and structures

The subject site contains a large two storey free standing inter war house located on a large block within a tree lined street. The house is located above a sandstone retaining wall.

Environment The surrounding area is residential, characterised by one and two storey dwelling houses and residential flat buildings.

8. PROPERTY HISTORY

PROPERTY HISTORY

Current use Residential Previous relevant applications DA353/2008 for alterations and additions to the existing dwelling including a

ground floor extension to the rear, internal reconfigurations, a new swimming pool to replace the existing and landscape works was approved by AAP on 1/10/2008.

Pre-DA N/A Requests for additional information Additional information was requested on 1/6/2011, 5/7/2011, 25/7/2011 and

12/10/2011. Amended plans were provided on 07/6/2011 and 13/10/2011. A meeting was held on 8/8/2011 to discuss concerns raised by Council’s Trees Officer and Heritage Officer with the Applicant, their Architect and their Heritage Advisor. An arborist report was provided on 17/10/2011.

Amended plans/ Replacement Application

Amended plans were provided on 07/06/2011 and 13/10/2011.

Land & Environment Court appeal N/A

9. REFERRALS


INTERNAL REFERRALS

Referral Officer Comment Annexure

Technical Services Engineer

Council’s Technical Services Engineer has determined that the development proposal is satisfactory in terms of technical services issues. Refer to Conditions.

2

Health Officer

Council’s Health Officer has determined that the development proposal is satisfactory in terms of Health issues. Refer to Conditions.

3

Trees and Landscaping Officer

Council’s Tree and Landscape Officer has determined that the development proposal is satisfactory in terms of tree preservation and landscaping. Refer to Conditions.

4

Heritage Officer

Council’s Heritage Officer recommended refusal of the application due to the removal of the sandstone wall to the side of the driveway. The comments are not concurred with in this instance for the reasons discussed within this report.

5



9.2 The following table contains particulars of external referrals.

N/A

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings:

10. STATE/REGIONAL INSTRUMENTS AND LEGISLATION

10.1 SEPPs

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. A110607 committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000. Refer to Conditions. State Environmental Planning Policy No. 55 – Remediation of Land Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the Initial site evaluation provided by the applicant indicates the land does not require further consideration under clause 7 (1) (b) and (c) of SEPP 55. 10.2 REPs

SREP (Sydney Harbour Catchment) 2005

The land is within the Sydney Harbour Catchment but is outside the Foreshores and Waterways area and therefore there are no specific matters for consideration under this DA.

10.3 Section 94 contribution

The Woollahra Section 94A Contributions Plan 2005 is applicable. In accordance with Schedule 1, a 1% levy (of the total cost of works) applies. With a cost of works of $680,000, Condition C.2 requires the payment of $6,800, which will be used for a variety of works as outlined in Schedule 2 of the Section 94A Contributions Plan. 10.4 Other legislation

N/A



11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995

11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5))

The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(b) zone. 11.2 Statutory compliance table


Overall Height (metres) 10.3m 4.3m 9.5m Yes

11.3 Height

Clause 12 of WLEP 1995 stipulates a maximum height of 9.5m. The proposal complies with this requirement and achieves consistency with the objectives under Clause 12AA. 11.4 Other special clauses/development standards

Clause 18 Excavation: The provisions of Clause 18 require Council, when considering a development application involving excavation, to have regard to how that excavation may temporarily or permanently affect: (a) The amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process (b) Public safety (c) Vehicle and pedestrian movements (d) The heritage significance of any heritage item that may be affected by the proposed

excavation and its setting (e) Natural landforms and vegetation and (f) Natural water run-off patterns The extent of excavation associated with the proposal includes the following areas: Excavation for the basement garage, store, cellar, lift, bin area and entrance to a maximum

depth of 3.2m (140m³) located nil metres from the eastern side boundary Excavation for the swimming pool to a maximum depth of 1.7m (60m³) located 1.3m from

the eastern side boundary Minor excavation for footings and landscaping works C9 of WHCA DCP 2003 stipulates that the outer edge of excavation, piling and sub-surface walls shall not be less than 1.5m from a front, rear or side boundary. The excavation for the basement garage, store, cellar, lift, bin area and entrance result in a 1.5m non-compliance with this control. The applicant has submitted a geotechnical report with the proposal which provides recommendations in relation to the excavation. Council’s Technical Services Engineer has raised no concern with the excavation, subject to recommended conditions, as discussed below. In addition, there are no structures other than a driveway located adjacent to the non-compliant excavation on the adjoining property.



The excavation for the swimming pool has a non-compliance of 0.2m in terms of the eastern side boundary setback. There is no structure on the adjoining site in close proximity to the excavation that would be affected by the excavation. Appropriate conditions of consent are recommended in terms of minimising impacts in relation to the excavation. Subject to these conditions, the location of the swimming pool is considered to be acceptable. Having regard to the above-mentioned heads of consideration, the following comments are made in relation to the impact of the proposed excavation upon the local environment: (a) The amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process The maintenance of the amenity of the neighbourhood in terms of minimising noise and dust is addressed by Conditions D.5, E.4, E.12 and E.23 ensuring no impact on adjoining buildings on loose foundations, limiting hours of work, requiring dust mitigation measures and compliance with the geotechnical report. Furthermore, Condition E.8 requires support of adjoining land and buildings and Condition D.1 requires dilapidation reports. Subject to the above-mentioned conditions, the amenity of the adjoining residential properties will be maintained. (b) Public safety (c) Vehicle and pedestrian movements Issues relating to public safety and pedestrian movements during the excavation phase are inter-related and are addressed by Conditions D.3, D.4 and E.5 requiring security fencing, site signs and maintenance of vehicular and pedestrian safety. (d) The heritage significance of any heritage item that may be affected by the proposed

excavation and its setting A heritage listed London Plane Tree is located within the zone of influence associated with the proposed excavation for the driveway and garage. Subject to Conditions, the works will not have a detrimental impact upon the tree and Council’s Trees and Landscaping Officer considers the proposal to be acceptable. (e) Natural landforms and vegetation The proposed excavation will not significantly alter the natural landform of the site with the majority of the excavation being located below the building footprint or existing built structures. (f) Natural water run-off patterns The proposal is considered to be satisfactory in terms of stormwater, subject to Condition C.14. Further, Council's Development Engineer has raised no objection to the proposal. Subject to the above-mentioned conditions, the excavation associated with the proposal is considered to be satisfactory with regard to the provisions of Clause 18 of WLEP 1995. Clause 25 Water, wastewater and stormwater: Clause 25(1) and (2) of WLEP 1995 requires council to consider the provisions of adequate stormwater drainage and the provisions of adequate water and sewage services.



The proposal has been assessed against the provisions of Clause 25 and is considered to be satisfactory, subject to Condition C.14. Clause 25D Acid Sulfate Soils: The subject site is within the Class 5 Acid Sulfate Soil area identified in the Planning NSW Acid Sulfate Soil Risk Map. However, the subject works are not likely to lower the water table beyond 1m AHD below the existing ground level on any land within 500m of Class 1, 2, 3 or 4 land classification and therefore, there is no issue of acid sulfate affectation. Clauses 27 and 28 Development in the vicinity of heritage items and heritage conservation area provisions: The subject site is located in the Woollahra Heritage Conservation Area and is identified as a contributory item. The site is adjacent to heritage items located at No. 3 Rosemont Avenue (an Inter War Flat building) and London Plane Trees located within Rosemont Avenue. Council’s Heritage Officer has raised concern with regard to excavation in terms of impacts on the existing dwelling and removal of part of the sandstone wall in terms of impacts on the streetscape and significance of the heritage conservation area. Council’s Heritage Officer’s comments are as follows: Excavation within close proximity of the existing building, which will interfere with existing

footings and the structural integrity of the building, is a heritage concern. Recommendations of the submitted geotechnical report should be followed including the provision of full structural support (underpinning) along the eastern side of the building. This should be carried out by a suitably experienced contractor as recommended.

There is extensive stone walling surrounding the subject building including sandstone retaining walls and terraced gardens. These are significant features which form an integral part of the subject property. The subject building and its grounds are an excellent, intact example of the Inter-War Old English style, and so aesthetically contributory within the HCA.

While the sandstone retaining walls are not from ‘early estates’ they are original and integral to the significance of the subject property. The stone wall to the streetscape and driveway is in excellent condition and the proposed demolition of this element would cause loss of significance to the property and streetscape.

The subject building has typical characteristics of the Rosemont precinct such as ‘substantial retaining walls responding to the steep topography’, ‘front fences and gates designed in association with and to complement the buildings behind’ and an ‘inter-war house in a style typical of the period … Old English’.1 Thus it is apparent that the landscaping and walling of the subject property have similar contributory significance to the building itself.

As is noted in the precinct controls for Rosemont, the gardens, landscaping and curtilage are important elements of contributory items such as the subject building. They are also an integral part of the Inter-War Old English style. This includes the front and side stone boundary walls and associated driveway wall.

The proposal was amended to provide additional planters above the garage to soften the aestetic appearance to the street and to reuse the sandstone removed from the side of the driveway. Council’s Heritage Officer is not satisfied with the amended proposal and has stated that removal of part of the sandstone wall will adversely impact on the streetscape and the heritage significance of the conservation area. 1 Paraphrased from the Woollahra HCA DCP Rosemont precinct description p.22



The applicant requires wheel chair access to the dwelling which is currently accessed by a steep narrow driveway. As stated by Council’s Heritage Officer, the sandstone wall does not belong to an early estate; however it is recognised as an original and significant element of the subject property. Alternative possibilities were considered by the applicant and their heritage specialist however, given the steepness and narrowness of the driveway there were no other suitable achievable solutions available. The amendments result in a softened impact on the streetscape and heritage conservation area. The majority of the main front sandstone wall will be retained. There is already an opening in the sandstone wall for the existing driveway and this area is proposed to be widened to accommodate better access to the site. The part of the sandstone wall parallel to the driveway which will be demolished will be reused to the front of the garage and adjacent to the access stairs. The existing situation where cars are driving up the driveway and being parked to the back of the existing dwelling cannot be maintained because the driveway is too narrow towards the rear of the site (measuring 2.5m wide from the boundary to the eastern study bay window and less than 2m wide taking into account the side boundary fence and a narrow landscaping strip along the boundary) and damage is already evident to the eastern study bay window where cars have scraped part of the wall away. The amended proposal provides an adequate solution to the constrained site whilst minimising adverse impacts on the streetscape and significance of the heritage conservation area. It is considered that the reuse of the sandstone and the addition of planters will provide a suitable compromise between providing improved access to the existing dwelling and protecting the streetscape and heritage significance of the conservation area. A geotechnical report has been provided which considers the excavation for the site and provides recommendations which are required to be complied with by condition of consent (Conditions A.3 and E.7). Further, Council’s Technical Services Engineers have recommended appropriate conditions in terms of the excavation, refer to Conditions C.10, D.1, E.7 and K.13. Accordingly, the proposed is deemed to be acceptable in terms of Clauses 27 and 28 of Woollahra LEP 1995.

12. DEVELOPMENT CONTROL PLANS



12.1 Compliance table - Woollahra Heritage Conservation Area DCP 2003


Floor Space Ratio (m²) 0.54:1

(362m2) 0.62:1

(413m2) 0.55:1

(365.4m2) No

Deep Soil Landscaped Area (m²) 20%

(132m2) 29%

(191.6m2) 25%

(166m2) Yes

Excavation Piling & Subsurface Wall Setback (metres)

>1.5m <1.5m 1.5 No

Minimum Floor to Ceiling Height – Habitable Rooms (metres)

>2.7m >2.7m 2.7 Yes

Solar Access to Ground Level Open Space of Adjacent Properties

>50% Dimension –

2.5m 2 hours

>50% Dimension – 2.5m

2 hours

50% Dimension – 2.5m

2 hours Yes

Energy Efficiency

- BASIX Certificate

A110607 BASIX Yes

Private Open Space Per Dwelling Area – >35m² Dimension –

>3m

Area – >35m² Dimension – >3m

Area – 35m² Dimension – 3m

Yes

Principal Area – >16m²

Dimension – >3m

Principal Area – >16m²

Dimension – >3m

Principal Area – 16m²

Dimension – 3m Yes

Front Fence Height (metres) 2.9m-3.5m

New 1m high fence to the front of the garden

and A new 1m high fence

above the new garage to a total height of 4m (subject

to Condition C.1)

1.5m

Yes

No*

Side and Rear Fence Height (metres) 1.5m-2m 2m-4.3m 1.8m No

Car Parking Spaces 2 2 2 Yes

Location of Car Parking Structures Behind Forward Behind Front Building Line

No

* Existing non-compliance 12.2 Precinct Controls The subject site is located in the Rosemont Precinct under Section 3.1.1. C1 requires that significant trees, mature trees, landscape elements including sandstone retaining walls, terraces, fences and outbuildings to early estates are to be retained in place, even where they are located on property which has been subdivided from the site on which they were originally located. The proposed removal of part of the existing sandstone wall parallel to the existing driveway is discussed above under Clauses 27 and 28 WLEP 1995. C2 requires that the deep soil landscape area of allotments greater than 350m2 is to be a minimum of 25% (165.7m2) of the site.



There is an existing non-compliance with control C2 as only 20% (132m2) of the site is afforded to deep soil landscaping. The proposal would increase the deep soil landscaping by 59.6m2 to 29% (191.6m2) due to the relocation of the swimming pool and provision of additional deep soil landscaping to the rear of the dwelling which would comply with this requirement. Accordingly, the proposal conserves the significant characteristics of the Rosemont Precinct and is considered to be satisfactory with the specific controls for the precinct. 12.3 Significant items and group significant buildings Conservation of significant items – Section 3.2.1 C1 requires that significant items are to be retained and conserved. C2 only allows partial demolition of cross walls where the original room layouts are able to be interpreted, the main rear wall of the principal building form remains, the structural integrity of the building and its adjoining buildings are not compromised and there is no increase in light levels at the front windows when viewed from the public domain. C3 requires that missing or damaged forms are to be replaced and inappropriate or intrusive forms are to be removed. C4 states that remnant elements of the setting of significant items, including but not limited to gardens, mature trees original front fences and contributory landscaping elements are to be retained. The proposed works to the dwelling involve internal alterations including the addition of a lift, removal of internal walls and a small addition to the rear at ground floor level which would not be visible from Rosemont Avenue. It is considered that the minor extent of works would not adversely impact on the significance of the dwelling or the heritage conservation area and satisfies the requirements under C1, C2 and C3. Further, no concern has been raised by Council’s Heritage Officer in regard to these works. The proposal does not comply with the requirements under C4 in terms of the removal of part of the sandstone wall. For the reasons given above under Clauses 27 and 28 of WLEP 1995, the proposal is considered to be acceptable in this regard. Original materials, finishes and colours – Section 3.2.2 O1 and O2 aim to retain and encourage original finishes and colour schemes within the HCA. C1 requires that surviving external finishes are to be retained. C2 requires that works must not damage or despoil original materials. C3 requires that external finishes to additions to significant items must complement the architectural style of the existing building. C4 requires that external colour schemes should have a hue and tonal relationship similar to traditional colour schemes.



The proposal involves removal and reuse of part of the front sandstone wall, which is contrary to the above controls and objectives. The works are considered to be acceptable for the reasons discussed above. The sandstone that is to be removed will be reused around the front of the site in the area of the garage and access stairs. The sandstone wall along the front boundary will remain intact. Accordingly, the proposal is considered to be acceptable in this particular instance. Alterations and additions to significant items – Section 3.2.3 O1, O2 and O3 aim to retain the original built form characteristics of significant items, to ensure alterations or additions to a significant item are designed to be consistent with the original style, form and massing and to ensure that various heights and setbacks of significant buildings within the streetscape are retained. C1, C2, C3 and C4 state that where existing fabric is intrusive or low significance, sympathetic design may be permitted to the rear, additions are not to project forward of the original front building setback nor obscure the public view of the building and additions are to be located to the rear. The proposed addition to the rear of the dwelling will not be visible from Rosemont Avenue or the public domain in the heritage conservation area. The addition is consistent with the existing form and massing of the existing building and those of adjoining buildings. No concern has been raised by Council’s Heritage Officer with regard to these works. The new tandem garage and landscaping above will alter the streetscape presentation however it is considered to be acceptable for the following reasons: It will not detract from the existing dwelling or prevent views to the dwelling from the public

domain Other garages exist in the streetscape forward of the building line The garage will provide better access to the dwelling where currently access is restricted The amended plans, which provide stepped planters above the garage fronting Rosemont

Avenue, will soften any impact of bulk and scale to the street C6 states that excavation for basement levels will not be permitted below significant items or in their gardens unless the site slopes to the rear and a basement level can be achieved by excavating no deeper than 1.5 metres. The outer edge of excavation, piling and sub-surface wall setbacks must not be less than 1.5m from any boundary. No excavation is permitted where underpinning of significant fabric would be required. The proposed excavation for the garage is located to the front and side of the existing dwelling and the excavation for the lift is located below the existing building to a maximum depth of 3.2m. The excavation is considered in detail under Clause 18 of WLEP 1995 above. Subject to conditions, the proposed excavation would not adversely impact upon the significant item. C7 states that the bulk, height and scale of additions must be less than and must not compromise or dominate the principal building form. The proposed additions are of a height and scale less than the principal building form and would not compromise the significant item. Traditional building elements – Section 3.2.4 The proposal is satisfactory with regard to the controls and objectives under Section 3.2.4.



Significant landscape elements: O1 and O2 aim to retain significant trees and landscape elements and to encourage landscaping to be appropriate. C2 states that original and early built landscape elements including front and side fences are to be retained in place. C3 states that new landscaping is to be appropriate. C4 states that landscaping to private open space of significant items, when visible from the public domain, is to be set at the original garden level or at existing ground level. C5 states that new landscaping must not screen the principal elevation of a significant item. C6 states that contributory and characteristic street front gardens are to be retained. The proposal involves the removal of trees, alterations to the front sandstone wall, a new tandem garage and associated landscaping. The removal and reuse of part of the sandstone wall is discussed above and is considered to be acceptable in this instance. Council’s Trees and Landscape Officer originally raised concern with regard to the impact of the works on a London Plane tree (Heritage listed) located in the road reserve near to the proposed garage works. The applicant provided an amended Tree Assessment and Management report dated September 2011 which made recommendations in relation to protecting this tree. Subject to Conditions, Council’s Trees and Landscaping Officer considers that the proposal will not adversely impact on the heritage tree. The proposed landscaping is considered to be appropriate, subject to Condition C.1 which requires the garden level above the garage to be reduced by 0.6m from RL68.6 to RL68.0 to match the height of the lawn to the front of the dwelling. Whilst this does not comply with C4 as there is currently a driveway in this location, it will be consistent with the level of existing landscaping to the front of the site and will not prevent views from the public domain to the contributory item, in accordance with C3 and C5. The existing garden to the front of the dwelling will be retained and enhanced in accordance with C6. Original fences, gates and retaining walls – Section 3.2.6 O1 and O2 aim to retain and conserve original fences, gates and retaining walls including sandstone walls that are characteristic of the precinct. C1 requires the retention of existing fences and retaining walls. C2 requires that the configuration, finishes and details of original sandstone walls located at street front boundaries are to be retained and conserved. C3 states that breaching an original sandstone wall to incorporate an opening for parking is not permitted. As discussed above, the proposal involves removal of part of the sandstone wall located along the western side of the driveway in order to provide better access and parking to the dwelling. The sandstone will be reused around the front of the garage and entry stairs. The sandstone wall already has an opening for the driveway and the opening will remain as existing. The front sandstone wall will remain intact. Accordingly, in the circumstances of this particular site, the proposal is considered to be acceptable.



12.4 Building Type Controls The subject property is identified as a free-standing Inter-war house (Section 3.3.2). O1 aims to ensure that additions to multi storey houses do not compromise or dominate the original main front section of the house, and are suited to the architectural style of the building. The development would not compromise or dominate the original main front section of the house as the works to the dwelling would be restricted to the rear and would only be single storey. The new tandem garage is located below the existing garden level and would not dominate the contributory item. Accordingly the proposal satisfies the aims and objectives of section 3.3.2. 12.5 General controls for development Buildings and elements adjoining heritage items – Section 3.4.1 The site is in the vicinity of heritage items, discussed above under Clauses 27 and 28 of WLEP 1995 in Part 11.4 above. Accordingly the proposal satisfies the aims and objectives of section 3.4.1 of the DCP. Building location and built form – Section 3.4.3 C5 stipulates that the proportion of site cover is to be no greater than that of adjoining properties. The proportion of site coverage varies on the sites located in the vicinity of the subject site and the proposed addition to the rear of the existing dwelling results in site coverage that is consistent with other sites in accordance with the abovementioned control. C7 states that a basement may be permitted where the existing ground slopes and adjoining properties have basement levels however, the basement must not be used as a garage at the street front. The proposed basement garage results in a non-compliance with this control. As discussed above, the site is constrained with a steep narrow driveway and damage is evident to the side of the dwelling due to cars accessing the current parking area to the rear. The proposal widens the existing driveway and provides parking to the front of the site in an area where the site falls towards the street. Whilst the location of the basement garage forward of the building line is not ideal, there is no other achievable location for it without altering the external walls of the dwelling. The impact of the garage on the streetscape is minimised by setting the garage back 1.7m from the front boundary and a planter is provided above the garage to the front to soften the impact of the garage on the streetscape. The garage is located to the eastern side of the dwelling and would not add significant bulk and scale to the contributory item. Given the difficulty of the site and the need for disabled access to the dwelling, the solution is considered to be acceptable in this instance. The proposed garage would not prevent views of the dwelling from the public domain given that the dwelling is located 9.1m back from the front boundary and is elevated in excess of 3.5m higher than street level.



C9 states that the outer edge of excavation, piling and sub-surface walls shall not be less than 1.5m from a front, side or rear boundary. Excavation is considered under Clause 18 of WLEP 1995 and is considered to be acceptable. Accordingly the proposal satisfies the aims and objectives of section 3.4.3 of the DCP. Building height, form, bulk, scale and character – Section 3.4.4 C1 requires that the height, bulk, scale, dominant roof forms, ridge lines and building envelope of new development be consistent with the predominant height bulk and scale of significant items in the streetscape that are of a similar building type. Further, the bulk should be distributed to minimise overshadowing on adjoining properties. Subject to Condition C.1 which requires the height of the garage and landscaping above the garage to be reduced to minimise bulk and scale as presented to the streetscape, the proposal is satisfactory in this regard. Further, the extension to the dwelling is to the rear and is single storey and would not be visible from the public domain. The works would not result in adverse overshadowing to neighbouring properties given the height and location of the works. C2 requires the character of new development to be consistent with the character of nearby significant buildings. The proposed works will provide additional amenity to the occupants of the dwelling whilst preserving the significance of the heritage conservation area and nearby buildings. The rear addition to the dwelling complies with the floor to ceiling height required under C5. Floor Space Ratio: C6 stipulates a maximum FSR of 0.55:1, which equates to 365.4m2. The proposal has an FSR of 0.62:1 (413m2), a non-compliance of 47.6m2. The proposed floor space ratio is reasonable for the following reasons: The additional floor area is located to the rear of the existing dwelling and within the basement

level which would not therefore impact on the streetscape or significance of the heritage conservation area

The additional floor area does not present excessive bulk and scale, present an unreasonable sense of enclosure or prevent side access to the rear

The works will not adversely impact on privacy, solar access or views The extent of excavation required is considered to be acceptable, as discussed above The additional floor area will provide improved amenity to the dwelling with no significant

adverse impact on surrounding neighbours or the significance of the heritage conservation area Sunlight: C8 of Section 3.4.4 stipulates that sunlight is provided to at least 50% of the main ground level private open space of adjacent properties for a minimum of two hours between 9am and 3pm on June 21. Given the location of the additions, the proposal would not have any significant adverse impact on solar access.



Materials, finishes and colours Part 3.4.5 of the DCP sets out requirements in relation to materials, finishes and colours, which should be appropriate to the building type and style. The materials, finishes and colours for the proposed works including rendered brickwork which is consistent with the existing building and the character of the area. The proposal would satisfy the relevant criteria prescribed by the DCP. Open space and landscaping – Section 3.4.6 The proposed works involve landscaping, removal of trees and relocation of the swimming pool. The works are satisfactory in terms of the objectives under Section 3.4.6 for the following reasons: The proposed works would ensure that an adequate amount of private open space is provided in

accordance with O1 Mature trees and landscaping are preserved in accordance with O2, subject to conditions

recommended by Council’s Trees and Landscaping Officer Adequate deep soil landscaping has been provided to assist with stormwater drainage, in

accordance with O3 The new swimming pool is located to the rear of the site and will not be visible from the public

domain, in accordance with O4 The proposed reconfiguration of private open space to the rear of the site, relocation of the

swimming pool and planting above the garage will not have any significant adverse impact on the heritage significance of the area, infrastructure, existing buildings or the amenity of neighbours

Private open space would be directly accessible from the main living area in accordance with Control 4 of Section 3.4.6 of the DCP. Council’s Tree and Landscaping Officer recommended that Tree Protection management be undertaken in accordance with Condition B.2, B.3, B.4, C.8, D.10, D.11, E.16, E.17, E.19, E.20, E.21 and F.4. Replacement trees are to be planted in accordance with the submitted landscape plan and Condition E.18 and F.4. Accordingly, subject to conditions, the proposal is considered to be satisfactory with regard to the controls and objectives. Fences, gates and retaining walls – Section 3.4.7 Front fence: C5 states that the height of a front fence is not to exceed 1.5m The existing front sandstone retaining wall with timber fence above has an existing height of 2.5m-3m, which results in a non-compliance with this control. The proposal involves new metal balustrading to the front garden area in front of the dwelling (set back 1.7m) to a height of 1m, which complies with this control. The new garage and surround has a height, subject to Condition C.1, of 3m and an additional 1m for the fence, resulting in a non-compliance with this control. The garage is set back 1.7m from the front boundary and landscaping is provided above to soften the impact on the streetscape. The height of the garage is consistent with the height of the existing front wall and fence, subject to Condition C.1.

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The new garage requires some excavation however, the land already has a steep fall in this area so excavation is not excessive. The garage is located lower than the dwelling and to the eastern side and would not adversely impact on the subject dwelling or adjoining sites, subject to conditions limiting excavation impacts. A significant heritage listed London Plane tree exists in the road reserve. Council’s Trees and Landscaping Officer is satisfied that the proposed works will not have an adverse impact on the tree, subject to Conditions discussed above. Accordingly, the proposed garage is acceptable in this instance. C2 requires that all parking is to be provided behind the front building line. The existing parking is located behind the building line however access is difficult due to the narrow width of the driveway and damage is already occurring to the eastern wall of the dwelling as a result of the difficult access. The proposed garage is located forward of the building line which results in a non-compliance with this control. Given the constraints of the site, there is no other suitable location for the garage, as discussed above. The proposed garage will provide improved amenity for the occupants of the dwelling without having any significant detrimental impact on the contributory item or significance of the heritage conservation area. C6 states that in street front situations even where a cross- over exists, double and multiple garages will not be permitted. The proposed garage provides parking for two cars in tandem. The presentation to the streetscape is that of a single garage and therefore the proposal is considered to be acceptable in this instance. C7 states that where cross-overs exist on street frontages and there is a minimum setback of 3m, a car space or garage may be located to the side of a building provided it is set back behind the front alignment. The site has an existing cross over and the garage is located to the side of the dwelling, however the front setback to the garage is 1.7m and forward of the front building alignment, which results in a non-compliance with this control. For the reasons discussed above, the proposal is considered to be acceptable in this regard. C14 states that suitable door types for new garages are bi-fold panelled doors, panel-lift doors, vertical steel gates and roller shutter doors. The proposed garage door is described as a “tilt-a-door” which is the same or similar to a panel-lift door and is considered to be acceptable with regard to this control. C15 permits a maximum of 2 onsite parking spaces. The proposal complies with this requirement. Council’s Technical Services Engineer recommended a condition requiring a 2m by 2m splay to be provided either side of the entrance in accordance with Woollahra Residential DCP controls. WRDCP is not relevant to this application and no such requirement is required under this section of the WHCA DCP. Further, the driveway is existing and the garage would not alter visibility to the street. Accordingly, this condition has been deleted from the recommendation. Table 3.29 – Design controls for garages Table 3.29 states that garages with street access are to be allowed only where a cross-over exists, the line of the garage should be set back as far as possible from the front wall of the house, the ramp up to the garage is to be minimised and single garages only are to be permitted to streets. The table also states that garage doors are to have a maximum height of 2.2m, a minimum door width of 2.4m and maximum door width of 3.3m.



Pillars are to have a maximum width of 0.47m. A gable or parapet form is preferred and the roof pitch should match appropriate traditional roof pitch. Materials are to consist of rendered painted brick. The roof materials are to be appropriate to the building. Doors should relate to the style of the house. Timber panel lift doors are preferred. As discussed above, a cross-over exists on the site in the location of the proposed garage. The tandem garage presents as a single garage to the street and therefore is considered to be acceptable. The garage door has a maximum height of 2.2m and a door width of 2.4m in compliance with the above table controls. The garage surround will be constructed of re-used sandstone, as discussed above. The garage door is a wooden panel tilt door. Given that the garage is at basement level, the roof is proposed to be landscaped and is considered appropriate in this instance given its location. Accordingly, the proposal is satisfactory with regard to the above table requirements. Acoustic and visual privacy – Section 3.4.12 O1 and O2 aim to ensure adequate acoustic and visual privacy and to minimise acoustic and visual privacy impacts on neighbouring properties. The proposed works are located at ground and basement levels and would not create any additional visual privacy impacts for adjoining residents due to the height of the existing fence and the location of the proposed landscaping. The proposed relocation of the swimming pool is acceptable given that the side boundary fence would screen any over-looking. The extent of acoustic noise from the pool would be similar to existing. The garage located below ground would improve acoustic privacy for the neighbouring property to the west. Appropriate conditions have been recommended with regard to noise from mechanical equipment for the pool pump and lift, refer to Condition I.4. Subject to conditions, the proposal is considered to be satisfactory with regard to visual and acoustic privacy. Stormwater management The proposal is satisfactory with regard to stormwater management. Energy efficiency The development application was accompanied by BASIX Certificate A110607 committing to environmental sustainability measures. Refer to Conditions. 12.5 Woollahra Access DCP

The proposal improves access to the dwelling providing wheel chair access by a level entry from the street and a lift to the dwelling. This is an improvement on the existing situation and complies with the requirements under the DCP. 12.6 Waste Not DCP

The proposal is considered to be satisfactory in relation to the provisions of our Waste Not DCP, subject to the imposition of relevant conditions.



12.7 Other DCPs, codes and policies

N/A

13. APPLICABLE REGULATIONS

Clause 92 of the EPA Regulation 2000 requires Council to consider Australian Standard AS 2601-1991: The demolition of structures. This is addressed by Condition E.2.

14. THE LIKELY IMPACTS OF THE PROPOSAL

All likely impacts of the proposal have been considered within this report.

15. THE SUITABILITY OF THE SITE

The subject site is suitable for the proposed development.

16. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. No submissions were received. The amended plans (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) were not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the amended plans are substantially the same development as the original proposal and are considered to have no greater environmental impact upon neighbours.

17. CONCLUSION - THE PUBLIC INTEREST

The proposal is acceptable against the relevant considerations under s79C and would be in the public interest.


Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no disclosure statements regarding political donations or gifts made to any councillor or gifts made to any council employee submitted with this development application by either the applicant or any person who made a submission.

19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to Development Application No. 206/2011 for alterations and additions including new basement, garage, swimming pool & spa, landscaping and siteworks on land at 7 Rosemont Avenue, Woollahra, subject to the following conditions:



A. General Conditions A.1 Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1

A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: The collection of stormwater, The retention of stormwater, The reuse of stormwater, The detention of stormwater, The controlled release of stormwater; and Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed.



Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: the use of land in connection with development, the subdivision of land, the erection of a building, the carrying out of any work, the use of any site crane, machine, article, material, or thing, the storage of waste, materials, site crane, machine, article, material, or thing, the demolition of a building, the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of


Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council.Standard Condition: A2




11-01/A/19, 20, 21, 21a, 22, 23, 24, 25, 27, 29 Rev DA2

Plans and elevations

Trevor Hall Architects 13/10/2011

11-01/A/26 Pool section Trevor Hall Architects 18/05/2011 Sheets 1 and 2/2 Issue F Landscape Plan Paul Scrivener Landscape Architect 13/10/2011 Growing My Way Arborist Report Kyle Hill Sept 2011 G11024WOO-R01F Geotechnical

Report Geo-environmental Engineering 15/4/2011

A110607 BASIX Certificate Department of Planning 14/04/2011 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped






A.4 Ancillary Aspect of the Development (s80A(2) of the Act)

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense.

Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and

preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8




Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1

B.2 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas

Council Ref No

Species Location Radius from Trunk (Metres)*

4 Acer palmatum Japanese Maple Front yard western boundary

2

5 Ficus benjamina Weeping Fig Rear yard western boundary

2.5

15 Waterhousia floribunda Weeping Lillypilly hedge

Front yard northern boundary

2

Note: Where this condition relates to street trees and the fence cannot be placed at the specified radius,

the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected.



b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.


Council Ref No Species Location

1 Platanus x hybrida London Plane Council verge

A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.


e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.





B.3 Permissible work within Tree Protection Zones

The approved work listed is permissible within the following Tree Protection Zones:

a) Permissible Work within Tree Protection Zones

Council Ref No:


Approved works within incursion

1 Platanus x hybrida London Plane

Council verge 6 Approved driveway and front entrance

4 Acer palmatum Japanese Maple

Front yard western boundary

2 Approved landscaping

5 Ficus benjamina Weeping Fig

Rear yard western boundary

2.5 Approved landscaping




b) Where excavation is undertaken within a specified Tree Protection Zone, the edge of the

excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.



c) To prevent damage to roots and compaction within the Tree Protection Zone of specified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent).

All root pruning must be undertaken in accordance with the Australian Standard 4373 “Pruning of Amenity Trees” and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent).

Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.

B.4 Arborists Periodic Site Inspection and Log

To ensure the condition and health of existing trees are maintained an arboricultural log book for the subject property is to be prepared by a qualified arborist and retained by the site foreman. Details of the arborists site inspection are to be recorded in the log during each visit. At each site visit the arborist must check and monitor the condition of existing trees and compliance with approved protection measures or recommend action to improve site conditions. As a minimum the following intervals of site inspections by a qualified arborist must be made.

C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: a) The garden level above the garage including the front planter and wall are to be lowered

to achieve a maximum RL of 68.0 to match the garden level to the front of the dwelling. The top of the metal balustrading above the garage is to achieve a maximum height of RL 69.0. These amendments are required in order to preserve the streetscape character and to minimise bulk and scale.

Stage of arboricultural inspection

Minimum considerations at each stage

Additional visits required determined by arborist notes/comments

Prior to the demolition of any building or construction.

Correct installation of Tree Protection Zone barriers.

Make additional site visits as deemed necessary for ongoing monitoring/supervisory work.

During development work

The removal/demolition of concrete and structures within the TPZ of retained trees in particular Tree No.1

Visit site at two week intervals to monitor condition of protected trees.

During development work.

Tree Preservation and approved works are complied with. Monitor condition of trees.

Visit site at two week intervals to monitor condition of protected trees.

Prior to the issue of a Final Occupation Certificate.

Supervise the dismantling of tree protection measures.

Make additional site visits as deemed necessary for ongoing monitoring of tree vigour.



b) The eastern side boundary wall is to achieve a maximum height of 1.8m from finished ground level on the subject site (maximum RL of 69.8). This may be averaged and stepped in accordance with C7 of Section 3.4.7 of WHCA DCP 2003. The blockwork part of the wall (not including the sandstone at the front of the wall) is to be painted in a neutral colour on both sides to match the existing wall.

Note: The effect of this condition is that it requires design changes and/or further information to be provided



Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent. Standard Condition: C4

C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the

Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate, subdivision certificate or occupation certificate, as will apply.





No



$15,600 No T115

Tree Damage Security Deposit – making good any damage caused to any public tree

$29,266 No T114


This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $6,800

+ Index Amount Yes,

quarterly T96


Public Tree Management Inspection Fee $166 No T45 Security Administration Fee $180 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES


Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by:



Cash deposit with Council, Credit card payment with Council, or Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council





How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2009 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: The reasons given; Whether any prejudice will be caused to the community deriving benefit from the public facilities; Whether any prejudice will be caused to the efficacy and operation of this plan; and Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.








Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5


The applicant must submit to the Certifying Authority BASIX Certificate No.A110607 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new





C.4 Soil and Water Management Plan – Submission & Approval



Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant








Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate.

Note: This does not affect the right of the developer to seek staged Construction Certificates.


C.6 Swimming and Spa Pools – Child Resistant Barriers

The Construction Certificate plans and specifications required by Clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992.

Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed

does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55

C.7 Swimming and Spa Pools – Backwash

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the

sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56


The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information;

a) trees to be numbered in accordance with these conditions, b) shaded green where required to be protected and retained, c) shaded yellow where required to be transplanted, d) shaded blue where required to be pruned, e) shaded red where authorised to be removed and, f) references to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan. Standard Condition: C30

C.9 General Ventilation:

All internal sanitary rooms and laundry facilities not provided with natural ventilation, must be provided with a system of mechanical exhaust ventilation in accordance with Table B1 “Minimum Exhaust Ventilation Flow Rates” of AS 1668.2-1991. Details of any proposed mechanical ventilation system(s) being submitted with the Construction Certificate plans and specifications, required to be submitted to the Certifying Authority demonstrating compliance with AS 1668 Parts 1&2.



C.10 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b) Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c) Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d) Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required.

e) Provide a Geotechnical and Hydrogeological Monitoring Program that: Will detect any settlement associated with temporary and permanent works and

structures; Will detect deflection or movement of temporary and permanent retaining

structures (foundation walls, shoring bracing or the like); Will detect vibration in accordance with AS 2187.2-1993 Appendix J including

acceptable velocity of vibration (peak particle velocity); Will detect groundwater changes calibrated against natural groundwater

variations; Details the location and type of monitoring systems to be utilised; Details the preset acceptable limits for peak particle velocity and ground water

fluctuations; Details recommended hold points to allow for the inspection and certification of

geotechnical and hydro-geological measures by the professional engineer; and; Details a contingency plan.


C.11 Bicycle and Car Parking Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle and car parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities and AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking. Access levels and grades must comply with access levels and grade required by Council

under the Roads Act 1993.

The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.




C.12 Light & Ventilation

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail all a lighting, mechanical ventilation or air-conditioning systems complying with Part F.4 of the BCA or clause 3.8.4 and 3.8.5 of the BCA Housing Provisions, inclusive of AS 1668.1, AS 1668.2 and AS/NZS 3666.1. If an alternate solution is proposed then the Construction Certificate application must include a statement as to how the performance requirements of the BCA are to be complied with and support the performance based solution by expert evidence of suitability. This condition does not set aside the mandatory requirements of the Public Health (Microbial Control) Regulation2000 in relation to regulated systems. This condition does not set aside the effect of the Protection of the Environment Operations Act 1997 in relation to offensive noise or odour.

Note: Clause 98 of the Regulation requires compliance with the BCA. Clause 145 of the Regulation prevents

the issue of a Construction Certificate unless the Accredited Certifier/Council is satisfied that compliance has been achieved. Schedule 1, Part 3 of the Regulation details what information must be submitted with any Construction Certificate. It is the Applicant's responsibility to demonstrate compliance through the Construction Certificate application process. Applicants must also consider possible noise and odour nuisances that may arise. The provisions of the Protection of the Environment Operations Act 1997 have overriding effect if offensive noise or odour arises from the use. Applicant's must pay attention to the location of air intakes and air exhausts relative to sources of potentially contaminated air and neighbouring windows and air intakes respectively, see section 2 and 3 of AS 1668.2. Standard Condition C59

C.13 Acoustic Certification of Mechanical Plant & Equipment The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must be accompanied by a certificate from a professional engineer (acoustic engineer) certifying that the noise level measured at any boundary of the site at any time while the proposed mechanical plant and equipment is operating will not exceed the background noise level. Where noise sensitive receivers are located within the site, the noise level is measured from the nearest strata, stratum or community title land and must not exceed background noise level, at any time.

The background noise level is the underlying level present in the ambient noise, excluding the subject noise source, when extraneous noise is removed.

Where sound attenuation is required this must be detailed.

Note: Further information including lists of Acoustic Engineers can be obtained from:

1. Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). 2. Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Standard Condition: C62

C.14 Stormwater Management Plan

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a) General design in accordance with John Romanous & Associates P/L, Dwg. No. 1202-

S1/2 to 1202-S2/2, dated 23/5/2011 other than amended by this and other conditions;



b) The discharge of stormwater, by direct connection, to existing kerb & gutter outlet located on the eastern boundary of the site;

c) Compliance the objectives and performance requirements of the BCA; d) any rainwater tank (see Note below) required by BASIX commitments including their

overflow connection to the Stormwater Drainage System, and e) General compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006).

The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: All pipe layouts, dimensions, grades, lengths and material specification, All invert levels reduced to Australian Height Datum (AHD), Location and dimensions of all drainage pits, Point and method of connection to Councils drainage infrastructure.. Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required. Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner. Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008

“Rainwater Tank Design and Installation Handbook”. Standard Condition: C51






work D.1 Dilapidation Reports for existing Buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration.



These properties must include (but is not limited to): 5 Rosemount Avenue 9-11 Rosemount Avenue The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.

Note: The reasons for this condition are:

To provide a record of the condition of buildings prior to development being carried out To encourage developers and its contractors to use construction techniques that will minimise the

risk of damage to buildings on neighbouring land Also refer to the Dilapidation Report Advising for more information regarding this condition

Standard Condition: D4 D.2 Compliance with Building Code of Australia and insurance requirements under the




This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.





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D.5 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer.

Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to

ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6


The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”









D.8 Notification of Home Building Act 1989 requirements a) For the purposes of section 80A (11) of the Act, the requirements of this condition are











D.9 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a) the boundaries of the site by permanent marks (including permanent recovery points); b) the location and level of foundation excavations, footings, walls and slabs by permanent

marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum (“AHD”) in compliance with the approved plans;

c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and

d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note: Where the principal contractor or owner builder notes any discrepancy between the approved

development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor.



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a) Permissible Work within Tree Protection Zones

Council Ref No:


Approved works within incursion

1 Platanus x hybrida London Plane

Council verge 6 Approved driveway and front entrance

4 Acer palmatum Japanese Maple

Front yard western boundary


5 Ficus benjamina Weeping Fig

Rear yard western boundary

2.5 Approved landscaping




b) Where excavation is undertaken within a specified Tree Protection Zone, the edge of the

excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

c) To prevent damage to roots and compaction within the Tree Protection Zone of

specified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent).

All root pruning must be undertaken in accordance with the Australian Standard 4373 “Pruning of Amenity Trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent).

Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.

E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the







b) To the erection of a temporary building.



In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.






Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be












This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts.

Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in







E.5 Public Footpaths – Safety, Access and Maintenance (Apply to all development)


footway. b) Not use the road or footway for the storage of any article, material, matter, waste or

thing. c) Not use the road or footway for any work. d) Keep the road and footway in good repair free of any trip hazard or obstruction. e) Not stand any plant and equipment upon the road or footway. f) Provide a clear safe pedestrian route a minimum of 1.5m wide. g) Protect street name inlays in the footpath which are not to be removed or damaged

during development. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all


and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close


Note: Section 138 of the Roads Act 1993 provides that a person must not: erect a structure or carry out a work in, on or over a public road, or dig up or disturb the surface of a public road, or remove or interfere with a structure, work or tree on a public road, or pump water into a public road from any land adjoining the road, or



connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority.

Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: Part C Management of Waste:









Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.


E.7 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and c) the contingency plan.

Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.



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Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”.

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15














Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21


Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust.



g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as practically possible to minimise dust.

Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site





E.13 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters

Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming

Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.


E.14 Site waste minimisation and management – Demolition

In order to maximise resource recovery and minimise residual waste from demolition activities: a) The provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to

be implemented at all times during the course of the work b) An area is to be allocated for the storage of materials for use, recycling and disposal

(giving consideration to slope, drainage, location of waterways, stormwater outlets, vegetation and access and handling requirements)




Protection of the Environment Operations Act (1997) c) Waste is only transported to a place that can lawfully be used as a waste facility



d) Generation, storage, treatment and disposal of hazardous waste and special waste (including asbestos) is conducted in accordance with relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by Workcover NSW



landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully removed and segregated from other waste streams. Standard Condition: E31








facility k) Retain all records demonstrating lawful disposal of waste and keep them readily

accessible for inspection by regulatory authorities such as council, Department of Environment and Climate Change (DECC) or WorkCover NSW Standard Condition: E32

E.16 Tree Preservation

All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work.



b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and

WorkCover NSW Code of Practice Amenity Tree Industry. Standard Condition: E8




Council Ref No


4 Acer palmatum Japanese Maple Front yard western boundary 5 x 4 5 Ficus benjamina Weeping Fig Rear yard western boundary 7 x 8 15 Waterhousia floribunda Weeping

Lillypilly hedge Front yard northern boundary

4 metres high

Trees on Council Land

Council Ref No


Tree Value

1 Platanus x hybrida London Plane Council verge 14 x 16 $29,266.00 Note: The tree/s required to be retained should appear coloured green on the construction certificate

plans.




Council Ref No


6, 7, 8 Syagrus romanzoffianum Cocos Palm Rear yard western side ~8 x 5 each 9 Ficus microcarpa var. ‘Hillii’ Hills

Weeping Fig Rear yard south western corner

14 x 10

11 Ficus benjamina Weeping Fig Rear yard southern boundary

8 x 5

12 Ficus microcarpa var. ‘Hillii’ Hills Weeping Fig

Rear yard southern boundary

10 x 6

13 A-E Camellia sasanqua Camellia Eastern side boundary 2 metres high 14A-C, 15 A-D, 14D

Syzygium sp. Lillypilly Eastern side boundary 7 metres high



The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed. Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council’s Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council’s Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below.

Species/Type Planting Location Container Size or

Size of Tree (@ time of planting)

Minimum Dimensions at Maturity

1 x Acer palmatum Japanese Maple “Sango Kaku”

As per the approved Paul Scrivener landscape plan No. s 11/1585/DA1/F, 11/1585/DA2/F, dated 13/10/2011

75 litre Natural

1 x Cupaniopsis anacardiodes Tuckeroo


75 litre Natural

8 x Elaeocarpus eumundii Quandong


75 litre Natural

3 x Plumeria acutifolia Frangipani


75 litre Natural



1 x Pyrus ussuriensis Manchurian Pear


75 litre Natural

3 x Waterhousia floribunda Weeping Lillypilly


75 litre Natural

All replacement trees are to be NATSPEC grown. E.19 Level changes in the vicinity of trees

No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones.

Council Ref No:


4 Acer palmatum Japanese Maple Front yard western boundary 2 5 Ficus benjamina Weeping Fig Rear yard western boundary 2.5 15 Waterhousia floribunda Weeping

Lillypilly hedge Front yard northern boundary 2

E.20 Hand excavation within tree root zones

To prevent damage to roots and compaction within the root zone, excavation undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 “Pruning of Amenity Trees” and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Any exposed surface roots must be covered to prevent drying out and watered. Materials used to minimise surface roots drying out include leaf litter mulch or a geotextile fabric. Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.

Council Ref No:


1 Platanus x hybrida London Plane Council verge 6 4 Acer palmatum Japanese Maple Front yard western boundary 2 5 Ficus benjamina Weeping Fig Rear yard western boundary 2.5 15 Waterhousia floribunda Weeping

Lillypilly hedge Front yard northern boundary 2



E.21 Footings in the vicinity of trees


Council Ref No:

Species Location Radius from centre of trunk (metres)

1 Platanus x hybrida London Plane Council verge 6 4 Acer palmatum Japanese Maple Front yard western boundary 2 5 Ficus benjamina Weeping Fig Rear yard western boundary 2.5


Front yard northern boundary 2

E.22 Swimming Pool Fencing

Swimming Pool Fencing is to be constructed in accordance with AS1926-2007- Australian Standard Swimming Pool Safety Part 1 – Safety Barriers for Swimming Pools.



A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part.

Note: New building includes an altered portion of, or an extension to, an existing building.


F.2 Commissioning and Certification of Systems and Works

The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must include but may not be limited to: a) Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with

Australian Standard AS 2890.1 – “Off-Street car parking.” d) All stormwater drainage and storage systems.



e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuation work. i) All waterproofing. j) Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate.


F.3 Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters

Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a) Permanent child-resistant barriers must be installed in compliance with the Swimming

Pools Act 1992. b) The Principal Contractor or owner must apply for and obtain a Compliance Certificate

under section 24 of the Swimming Pools Act 1992. c) Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool

Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable.

d) Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems.

Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996: a) Water recirculation and filtration systems must be connected to the electricity supply by

a timer that limits the systems operation such that it does not operate: b) Before 8 am or after 8 pm on any Sunday or public holiday or before 7 am or after 8 pm

on any other day.

Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf


F.4 Amenity Landscaping

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.

Note: This condition has been imposed to ensure that the environmental impacts of the development are

mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6




No Conditions. H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No.A110607.

Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7

H.2 Landscaping

All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent. Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of

the Final Occupation Certificate. Standard Condition: H9

H.3 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the

Final Occupation Certificate. Standard Condition: H12

I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A110607. Note: This condition affects successors in title with the intent that environmental sustainability measures must be

maintained for the life of development under this consent. Standard Condition: I7



I.2 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs. Reason: This condition has been imposed to ensure that the landscaping design intent is not eroded over time

by the removal of landscaping. Note: This condition also acknowledges that development consent is not required to plant vegetation and

that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Standard Condition: I8

I.3 Swimming and Spa Pools – Maintenance

Swimming and Spa Pools must be maintained: a) In compliance with the Swimming Pools Act 1992 with regard to the provision of child-

resistant barriers and resuscitation signs; b) In compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines”

in force at that time. Private pools are encouraged to comply with the same standards as applicable;

c) In compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ;

d) With backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and

e) With a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): Before 8 am or after 8 pm on any Sunday or public holiday, or Before 7 am or after 8 pm on any other day.

Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems

require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13

I.4 Noise from mechanical plant and equipment

The noise level measured at any boundary of the site at any time while the mechanical plant and equipment is operating must not exceed the background noise level. Where noise sensitive receivers are located within the site, the noise level is measured from the nearest strata, stratum or community title land and must not exceed background noise level at any time.

The background noise level is the underlying level present in the ambient noise, excluding the subject noise source, when extraneous noise is removed. For assessment purposes the background noise level is the LA90, 15 minute level measured by a sound level meter. This condition has been imposed to protect the amenity of the neighbourhood.



Note: Words in this condition have the same meaning as in the: NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) ISBN 1741370671 , dated December 2004. Standard Condition: I53

J. Miscellaneous Conditions

No Conditions. K. Advisings K.1 Pruning or Removing a Tree Growing on Private Property

Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment. Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or you may contact Council on 9391-7000 for further advice. Standard Condition: K19

K.2 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.


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The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.





http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7

K.7 Asbestos Removal, Repair or Disturbance

Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: a) The Occupational Health and Safety Act 2000; b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:





K.8 Dividing Fences

The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences.



Note: Further information can be obtained from the NSW Department of Lands - http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm. Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/.


K.9 Appeal Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Ms S Chambers[d43], Senior Assessment Officer, on (02) 9391 7064[d44]. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.



An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from




K.11 Recycling of Demolition and Building Material It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17

K.12 Owner Builders



K.13 Dilapidation Report Condition

Please note the following in relation to the condition for a dilapidation report: a) The dilapidation report will be made available to affected property owners on requested

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. Standard Advising: K23

Ms S Chambers Mr D Waghorn SENIOR ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevation 2. Heritage comments 3. Trees and Landscaping comments 4. Health Officer’s comments 5. Technical Services comments

date day 29 er 201 1 - municipality of woollahra...d2 da231/2011 – 5 salisbury street, watsons bay...

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