item 2 - da2011-019 - 123 the crescent homebush west · da 2011/019 – 123 the crescent, homebush...

ATTACHMENT 1

PLANNING COMMITTEE MEETING 13 DECEMBER 2011

ITEM 2. DA 2011/019 – 123 THE CRESCENT, HOMEBUSH

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SUMMARY PROPERTY: 123 The Crescent, Homebush Lot 1 in Deposited Plan 666161 DA NO.: 2011/019 APPLICATION TYPE: Construction of a place of public worship REPORT BY: Thomas Watt RECOMMENDATION: APPROVAL SUBMISSIONS: (224) written submissions including (217) letters of support

and six (6) written letters and one (1) petition containing (46) signatures objecting to the proposal were received.

ZONING: Residential 2(b) DATE APPLICATION LODGED: 23 February 2011 APPLICANT: Sri Karphaga Vinayakar Temple c/- Sue Haertsch Sue Haertsch Planning OWNER: Mr. S. Balakrishnan INTRODUCTION Approval is sought for the demolition of the existing building, construction of a Hindu Temple and use as a place of public worship at 123 The Crescent, Homebush. Additional information has been reviewed and considered in the assessment in accordance with the Planning Committee’s determination to defer a decision on the application at its September meeting. The applicant has provided additional information seeking to address the matters deferred for further review and consideration, including identification of future likely growth of the congregation and further justification. Based on this additional information, it is recommended that the application be approved subject to conditions regulating the capacity and operation of the site in order to preserve the amenity of the surrounding area. DESCRIPTION OF THE SITE AND LOCALITY The subject site is located on the south-eastern corner of the ‘T’ intersection of The Crescent and Eastbourne Road in Homebush. The location of the site is to the west of the Homebush West Town Centre and Flemington rail station. The main western rail line runs in an east-west direction to the north of the site and Centenary Drive runs in a north-south direction to the west of the site. Vehicular access to the site is restricted to The Crescent and Bridge Street to the east or along Hornsey and Henley Roads to Arthur Street to the south.

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The site is irregular in shape with a primary street frontage of 12.515m to The Crescent, corner splay of 5.675m and secondary street frontage of 50.75m to Eastbourne Road. The rear property boundary is 16.295m and eastern boundary 53.96m. The overall area of the site is 841m². Existing development on the site comprises a single storey building with an attached pergola. A metal fence runs along the front boundary to The Crescent and extends into a brick and metal fence along the secondary frontage to Eastbourne Road. A paved car parking area is located to the south of the building at the rear of the site where vehicular access is provided by an existing driveway crossover to Eastbourne Road. Five (5) large Brushbox (Lophostemon Confertus) trees are located in the Council nature strip along Eastbourne Road which, in conjunction with other existing street tree plantings establishes a high quality aesthetic contribution to the streetscape. Adjoining development to the east of the site comprises a part two (2) and part three (3) storey residential flat building at 122 The Crescent, Homebush with staggered balconies overlooking the site. A large Lemon-Scented Gum tree (Corymbia citriodora) is located on 122 The Crescent close to the common property boundary on the site. Adjoining development to the south of the site comprises two (2) storey attached townhouses at 2 Eastbourne Road, Homebush. Existing mature trees are also located near the shared property boundary to the site. Development to the west of the site consists of a two (2) storey residential flat building with attic above and basement car parking at 124 The Crescent, Homebush. Mature trees and established street trees also contribute to the character of the site and local area. The site is located in the vicinity of a number of items of heritage significance which include ‘Manx Cottage’ at 1 Eastbourne Road, Homebush, ‘Brooklyn’ at 1 Hornsey Road, Homebush, St. Columba’s Anglican Church at 11 Hornsey Road, Homebush and Homebush West Public School at 20 Exeter Road, Homebush. Overall, the predominant character of the area is residential in nature and consists mainly of residential flat buildings constructed over several decades. In recent times, this development has continued along Eastbourne Road. The character of the area is further contributed to by several non-residential uses such as Homebush West Public School south of the site on Eastbourne Road, other places of public worship including St. Dominic’s Catholic Church at 109 The Crescent and St. Columba’s Anglican Church at 11 Hornsey Road and commercial and retail uses located in the Homebush West Town Centre.

PROPOSAL The application seeks approval for the demolition of the existing building, construction of a Hindu Temple and use as a place of public worship. The elements of the proposal include: Demolition

Demolition of the existing single storey building, attached pergola and associated boundary fencing.

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Construction Construction of a Hindu Temple comprising:

Excavation for basement car parking for eight (8) cars including one (1) disabled space

with new driveway crossover to The Crescent. Amenities and storage rooms are also proposed to be located in the basement.

Open courtyard with five (5) shrines surrounding a main shrine (Ganesh Temple) in the

centre of the site and one (1) flagpole located on the central axis between the entry and main shrine;

Entrance structure (Raja Gopuram) with associated office and lift facilities providing

pedestrian access to The Crescent, Eastbourne Road and the basement;

Associated kitchen in the south-western corner of the site; and

Boundary fencing comprising a combination of open palisade style fencing and solid masonry fencing to a maximum height of 1.8m to all boundaries of the proposed courtyard of the temple. No fencing is proposed in the front setback area of the site to The Crescent.

Operation/Use

The use of the Hindu Temple as a place of public worship involving the following:

Hours of operation for the proposed temple are Monday to Sunday 7:00am to 1:00pm

and 4:15pm to 9:00pm. The temple is shut each day between 1:00pm and 4:15pm. The daily prayers (pooja) occurs at 7:00am, 11:30am, 4:30pm and 7:00pm Monday to

Thursdays inclusive and on Saturdays and Sundays. On Fridays and special occasions, the evening pooja occurs later at 7:30pm. These services are typically between (15) to (20) minutes in duration and are expected to attract the following number of devotees listed in Table 1 below.

Mondays – Thursdays

inclusive, Saturdays and Sundays

Typical Number of Devotees

7:00am 5 11:30am 6 and up to 12 on Sundays 4:30pm 6 7:00pm 7

Fridays 7:00am 5 11:30am 5 4:30pm 5 7:00pm 20 Special Occasions (minor)

7:00am 15 11:30am 20

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4:30pm 10 7:30pm 25 - 30

Primary Festivals (major) All poojas Up to 50

Table 1 – Indication by the applicant of typical number of devotees to pooja (daily prayer) services, special occasions and festivals (Updated Operational Plan of Management, October 2011).

Council officers have been advised by the applicant that the Hindu religion has a number of recurring special occasions and festivals which do not follow the Calender Year. The special occasions and festivals and their significance for 2011 are identified in Table 2 below.

Special Occasion or

Festival 2011 date Significance of

Event New Year 1 January 2011 Major Makar Sankranti/Ponal 14 January 2011 Minor Thai Pusam 19 January 2011 Minor Maha Shivaratri 3 March 2011 Minor Rama Navami 12 April 2011 Minor Tamil New Year 14 April 2011 Major Hamuman Jayanthi 16 April 2011 Minor Ganesh Charturthi 1 September 2011 Major Navratri 6 October 2011 Minor Diwali 26 October 2011 Minor Karthikai Deepam 8 December 2011 Minor

Table 2 – Indication by the Applicant of Special Occasions and Festivals for 2011.

As indicated in Table 1, the major festivals are anticipated to attract up to (50) devotees whilst the minor festivals are anticipated to attract a maximum of between (25) to (30) devotees to the evening pooja.

Part of the evening pooja on Saturdays involves the offering of food to deities which is

pre-cooked and brought by devotees to the proposed temple. Following the end of services, the food is divided amongst the devotees in the kitchen facility and taken from the site for consumption off-site (i.e. no cooking or communal dining is proposed to occur on the site).

A site plan and elevations are attached. BACKGROUND 13 September 2011 The Planning Committee resolved (P55/11) to defer a determination on

DA2011/019 (subject application) for further review and consideration of the following matters:

Disposal of rubbish; Limitation on number of worshippers; Noise levels from attendees;

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Hours of operation; Colour scheme of temple building; Traffic, access and parking; and Control of smoke/odours.

Council officers have considered additional information submitted by the applicant following on from the resolution of the Planning Committee. Independent advice from an academic studying in the field of Indian culture and society, in particular, Hinduism was sought as part of the review of the additional information received and has been considered throughout the following assessment. ASSESSMENT - Pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979 The application has been assessed pursuant to the heads of consideration of Section 79C of the Environmental Planning and Assessment Act and the relevant matters described in Sub-section (1)(a), (b), (c), (d) and (e) of Section 79C have been considered within this report. (a) (i) Environmental Planning Instruments: State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Infrastructure) 2007 referred herein as the Infrastructure SEPP establishes the provisions by which development adjacent to and in the vicinity of state infrastructure such as rail corridors are to be evaluated. The Infrastructure SEPP requires Council to consider the potential impacts of the proposed development on the infrastructure asset as well as impacts by way of noise and vibration on the proposal. In accordance with Clause 86 (2) of the Infrastructure SEPP, the proposed development was referred to RailCorp for concurrence as it involves excavation to a depth and distance prescribed under the Infrastructure SEPP. RailCorp considered a registered surveyor’s report and determined that their concurrence was not required. Accordingly, it has been confirmed that the abovementioned provision of the Infrastructure SEPP is not applicable to the proposed development. Notwithstanding, RailCorp recommended the imposition of conditions of consent relating to the potential impact of noise and vibration on the proposal as well as considering the risk of stray currents and electrolysis from the rail corridor. The first of these matters is discussed further below whilst the second may be dealt with by way of a condition of consent which has been included in the recommendation set out below. Clause 87 of the Infrastructure SEPP requires Council to consider the impact of noise and vibration on the proposed development. In accordance with this provision, Council has considered the findings of an acoustic assessment prepared by Acoustic Consulting Engineers dated May 2011. This report finds that the proposed development is unlikely to be adversely affected as a result of noise and vibration subject to the installation of automatic glass doors to the temple entrance (Raja Gopuram), main shrine (Ganesh Temple) and due to the distance of separation with the rail corridor. Although the use of

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the open paved courtyard area may occur based on subsequent correspondence from the applicant, the proposed development remains likely to be able to achieve compliance with the assessment objective for internal rail traffic noise. The proposed development has been assessed having regard to the relevant provisions of the Infrastructure SEPP and found to be satisfactory. Strathfield Planning Scheme Ordinance, 1969 The subject site is identified as being within the Residential 2(b) zone under Strathfield Planning Scheme Ordinance, 1969 (SPSO, 1969). Development for the purposes of a place of public worship is permissible with Council consent pursuant to Clause 22. Clause 32 (a) requires Council to consider the aesthetic significance of the proposed development as viewed from the nearby rail corridor. In response to initial concerns raised by Council officers regarding the proposed finish in black and grey colours and resolution of the Planning Committee to further review and consider this matter, the applicant has amended the proposed finishes as follows:

Main entrance structure (Raja Goporum) and front fence to be painted in a cream finish.

Main shrine (Ganesh Temple) located in the centre and toward the rear (southern) boundary remains proposed to be constructed in imported Indian black stone.

Secondary shrines located in the open courtyard are to be finished in an ‘ash grey’ colour.

The revised composition of finishes is considered to achieve a compatible outcome having regard to the red and cream brick tones existing in the surrounding environment in Homebush. The proposal therefore satisfies Clause 32 (a). Clause 41B (a) requires Council to consider the compatibility of the proposed development with existing and future likely development in the residential zone. As discussed earlier in this report, the context of the site is located in an area predominantly defined by residential flat development. The proposed development having a maximum height of 9.0m (similar to the ridge height of a two (2) storey dwelling) and consisting of several shrines and an entrance structure in an open courtyard will have a significantly smaller mass as compared with the adjoining and nearby residential flat buildings which are between two (2) and three (3) storeys in height. Further to the above, Clause 41B (c) requires Council to consider the likelihood of the proposed development adversely affecting the amenity of existing residential development. In response to the matters raised by the Planning Committee in its resolution for further review and consideration, the applicant has provided additional information including a detailed plan of management and likely number of devotees attending the site during daily prayers, festivals and anticipated future growth. These are discussed in greater detail under the Likely Impacts section of this report. The additional information indicates that initial concerns regarding the operation of the site adversely affecting residential amenity can be suitably addressed through the management of the site and the proposal therefore satisfies Clause 41B (c).

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The proposed development is located in the vicinity of several heritage listed items pursuant to Schedule 9 – Heritage Items of the Strathfield Planning Scheme Ordinance, 1969. These include ‘Manx Cottage’ at 1 Eastbourne Road, Homebush and ‘Brooklyn’ at 1 Hornsey Road, Homebush both of which are single dwellings. In addition, the proposal is located in the vicinity of St. Columba’s Anglican Church at 11 Hornsey Road, Homebush and Homebush West Public School at 20 Exeter Road, Homebush both of which are also heritage listed items under Schedule 9 of the Strathfield Planning Scheme Ordinance, 1969. The proposed development is physically and visually separated from these heritage items and is therefore unlikely to result in adverse impacts on their respective significance. The relevant provisions of the Strathfield Planning Scheme Ordinance, 1969 have been considered in the assessment and the proposal found to be satisfactory.

Section 94 Contributions

Section 94 Contributions are applicable to the proposed development in accordance with the Strathfield Indirect Development Contributions Plan 2010-2030 as follows: Local Amenity Improvement Levy $ 9,500.00

The contribution will be required to be paid prior to the issue of the Construction Certificate in accordance with the Strathfield Indirect Development Contributions Plan 2010-2030.

(ii) Draft Environmental Planning Instruments:

Draft Strathfield Local Environmental Plan, 2008

The property is zoned Residential 2B under the draft Strathfield Local Environmental Plan, 2008 (draft Strathfield LEP, 2008) wherein development for the purpose of a place of public worship is permissible with Council consent. The revised finishes to the proposed development achieve a compatible aesthetic appearance having regard to the existing surrounding environment thereby satisfying the objectives of the Residential 2B zone. Amenity impacts have been further reviewed and considered in accordance with the resolution by the Planning Committee and found to be generally satisfactory having regard to the considerations under Clause 17. These are discussed in greater detail under the Likely Impacts section of this report. The proposed development is satisfactory having regard to the relevant Clauses of the draft Strathfield Local Environmental Plan, 2008. Draft Local Environmental Plan No. 105

The subject property is not identified as an item of heritage significance and is not located within a heritage conservation area under Council’s Draft LEP No. 105.

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(iii) Development Control Plans: The following parts of the Strathfield Consolidated Development Control Plan, 2005 (SCDCP, 2005) are applicable to the proposed development and are considered as follows: Part H – ‘Waste Management’ of the Strathfield Consolidated Development Control Plan (DCP) 2005 Following on from the Planning Committee’s determination, the applicant has confirmed that bins will be provided within the site along with signs directing devotees to use the bins thereby reducing the likelihood of littering as a result of the proposed development. Further to the above, additional information was required in accordance with Part H of the SCDCP 2005 relating to the identification of contractor details responsible for recycling and disposal, likely waste streams during construction and the design of facilities (waste storage area) during future operation. It was recognised in the original report presented to the Planning Committee that this matter could be dealt with through a condition of consent requiring a waste management plan to be prepared in accordance with the above DCP prior to the issue of a Construction Certificate. Subject to conditions, the application will comply with the relevant provisions of Part H of the Strathfield Consolidated DCP 2005. Part I – ‘Provision of Off-Street Parking Facilities’ of the Strathfield Consolidated Development Control Plan (DCP) 2005

Section Development Control Required Proposed Compliance 2.0 Parking Dimensions Comply with minimum

dimensions for off-street parking outlined in Appendix A as follows: Min. 5.4m x 2.5m

space dimensions. Min. 5.8m aisle

width.

5.4m x 2.4m 6.0m

No Yes

2.0 Plans Off-street parking, loading/unloading areas and services areas shall be clearly identified on plans.

Off-street parking identified on plans. No loading/unloading areas required.

Yes

2.0 Paving/Draining Gravity induced stormwater drainage system to be provided. Physical barrier constructed along street frontage and paved

Gravity provided except for pump out required for runoff from driveway ramp. Basement parking is enclosed and serviced by a

Yes Yes

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areas to prevent discharge of runoff onto the road reserve. Grated drain across width of driveway adjacent to property boundary to collect surface runoff.

pump out system to the street. Basement ramp will direct runoff to stormwater pump out system in basement.

Yes

2.0 Location of Parking Areas Located in front of the building and clearly visible.

Basement ramp located in front setback and clearly visible from The Crescent.

Yes

2.0 Garages/Covered Parking Columns and structures shall not encroach on the parking spaces.

Columns do not encroach on parking spaces.

Yes

2.0 Landscaping 2.0m between front boundary and open parking area.

Landscaping provided.

Yes

2.0 Grade of Ramps Shall not exceed 1 in 7. 1 in 5 with transition zones.

Yes

3.9 Other Uses – place of public worship

1 space per 6 seats or 1/6 the capacity, whichever provides the greater number of spaces. Up to a maximum of (30) devotees will attend the site during daily prayers (Pooja) increasing up to a maximum of (40) over five (5) years time. A total of seven (7) off-street parking spaces is required for (40) devotees. Up to a maximum of (50) devotees increasing up to (55) in five (5) years time will attend the proposed development during the three (3) main festivals per year. A total of nine (9) off-street parking spaces will is required.

Eight (8). Eight (8)

Yes No – refer to discussion below.

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(iiia) Planning Agreements (or draft agreements):

The proposed development is not subject to a planning agreement pursuant to Section 93F of the Environmental Planning and Assessment Act 1979.

(iv) Matters Prescribed by the Regulations

Clause 92 of the Environmental Planning and Assessment Regulation requires Council to take into consideration the provisions of the Government Coastal Policy and the relevant Australian Standard for the demolition of buildings in the determination of a development application. Having regard to these prescribed matters, the proposed development is not located on land subject to the Government Coastal Policy as determined by Clause 92 (1) (a) (i) however does involve the demolition of a building for the purposes of Australian Standard (AS) 2601 – 1991: The Demolition of Structures. The demolition of the existing building on the site shall be subject to standard conditions of consent requiring compliance with the relevant Australian Standard thereby satisfying Clause 92 (1) (a) (i) of the Environmental Planning and Assessment Regulation, 2000.

(v) Any Coastal Zone Management Plan:

The NSW Government projects sea levels to rise by 40cm in 2050 and by 90cm in 2100 above the relative mean sea level in 1990. These planning benchmarks are to be considered in the assessment of development applications through the applicable coastal zone management plan or alternatively the provisions of the NSW Coastal Planning Guideline: Adapting to Sea Level Rise. Although Council is not subject to a coastal zone management plan, the sea level rise planning benchmarks have also been established in order to assess the likely increase in the frequency, duration and height of flooding and as a consequence likely property and infrastructure damage on affected and potentially affected land. Council is therefore required to consider the impact of sea level rise and resultant flooding from Powell’s Creek and Cook’s River which are tributaries of Sydney Harbour (Parramatta River) and Botany Bay respectively. The proposed development is not located on a site that is subject to flooding attributed to either Powell’s Creek or Cook’s River and is therefore not required to be considered under the provisions of the NSW Coastal Planning Guideline: Adapting to Sea Level Rise.

(b) Likely Impacts: Following on from the Planning Committee’s determination in September, the following matters have been reviewed and further considered:

Disposal of rubbish; Limitation on number of worshippers; Noise levels from attendees; Hours of operation;

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Colour scheme of temple building; Traffic, access and parking; and Control of smoke/odours.

These matters are dealt with as follows: Disposal of Rubbish

The applicant has identified the provision of bins and signs directing devotees to use the bins as a measure in response to concerns raised regarding littering in nearby streets. Based on the description of the proposal, the operation of the site is unlikely to result in significant streams of waste during ongoing operation of the site and the measure offered by the applicant is considered to be satisfactory. Conditions shall be imposed accordingly.

Limitation on Number of Worshippers Council officers initially raised concern with the proposed open courtyard design of the temple in terms of the likely number of devotees that may attend the site. These concerns were based on:

Conflicting information regarding the anticipated capacity of the site. Failure to address the future likely growth of the congregation in light of an

expanding local population. Issues resultant from another existing Hindu Temple in the local area. Traffic, access, parking and acoustic impacts could therefore not be properly

considered due to conflicting information.

In accordance with the Planning Committee’s resolution, these issues have been revisited and the applicant has sought to clarify the capacity and operation of the site through the submission of additional information and an updated Operational Plan of Management. Based on this information, the capacity and operation of the site has been clarified as follows:

Maximum number of devotees expected during normal Pooja (daily prayers) is

(30). This capacity is based on the existing use of the site. This is anticipated to increase up to (40) over five (5) years (an additional two (2)

devotees per year). The maximum number of devotees is only likely to occur on the more popular

Friday and Saturday evening poojas, generally across a one (1) hour period. At all other times, the likely number of devotees is less then (10) based on

existing patterns of use. The open courtyard design will act as a natural barrier to the site’s growth as it is

exposed to the weather. The proposed temple does not include associated services such as a canteen,

educational activities, Vedic schools, library and other activities that are commonly provided in other larger Hindu temples in Sydney.

The proposed Hindu Temple is unique with their own attributes and rituals stemming from the focus of the presiding deity; the Lord Ganesh.

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The internal area of the main shrine (Ganesh Temple) remains a logical limitation to capacity (i.e. 31m2 in internal area results in a limit of (31) devotees).

The maximum number of devotees expected during the three (3) main festivals is (50) increasing to a maximum of (55) over five (5) years time (an additional one (1) devotee per year).

Based on the confirmed capacity of the site by the applicant, a full and proper assessment of the parking, access, traffic and acoustic impacts of the proposal has been undertaken. These are dealt with in accordance with the matters listed by the Planning Committee for further review and consideration as follows. Noise Levels from Attendees Council officers initially raised concern with the potential acoustic impact of the proposed development on adjoining and nearby residents in light of the residential context and setting of the site. These concerns were based on places of public worship in general utilising amplified speaker systems, recorded music, chanting, drumming, singing etc. These issues were addressed by the applicant in an Acoustic Impact Assessment wherein it was confirmed that there would be no use of amplified speaker systems, recorded music, drumming or singing as the devotees pray in silence. It was identified however that the priest chants and rings a bell as part of the daily prayer ritual. The assessment considered this element of the proposal and recommended the use of a light weight (acoustically softer) bell to be used in prayer services to which the applicant has indicated their agreement. Subject to conditions prohibiting the use of amplified speaker systems or recorded music, the proposal is likely to comply with the adopted noise criteria and will be unlikely to adversely affect the amenity of adjoining and nearby residents by way of noise. Further to the above operational acoustic issues considered, Council officers raised concern with the capacity of the site and design as an open courtyard. In the event that the capacity of the site was exceeded and devotees spilled out onto the open courtyard from the main shrine (Ganesh Temple) there was concern that the number of devotees may increase to the point whereby noise impacts would adversely affect local residents. In response to this concern, the applicant has advised that the temple will operate to a ‘Quiet Environment Policy’ in recognition that it is a quiet and peaceful place. The applicant has stated that devotees pray in silence and as a result, expect a quiet atmosphere. This was been confirmed in the acoustic assessment wherein the noise impact is not expected to change significantly with the number of devotees. Notwithstanding, conditions are recommended to be imposed requiring the temple to install signs on the inner wall of the temple advising devotees to abide by the ‘Quiet Environment Policy’ and be aware of nearby residents. This will be managed by a temple elder/representative who will be on site at all times and approach devotees if necessary to request them to cease loud conversations. Temple elders/representatives will also encourage devotees to leave quietly and quickly so that they do not linger at the entrance or in nearby streets. Subject to conditions included in the recommendation at the end of this report, the acoustic implications of the proposal are acceptable and unlikely to result in adverse impact on adjoining and nearby residents based on the proposed and anticipated maximum number of devotees during regular prayers and festivals.

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Hours of Operation The proposed hours of operation of the Hindu temple remain consistent with those originally presented to the Planning Committee. The operation of the temple will occur between 7:00am to 1:00pm and 4:15pm to 9:00pm Monday to Sunday inclusive. These operating hours incorporate the daily Pooja times and allow for clean up/lock up after the completion of the prayer services. Surveys of the existing operation of the site generally indicate that devotees leave by about 8:45pm in the evening. As the anticipated maximum number of devotees is expected to occur during Friday and Saturday evening poojas, the proposed hours are considered reasonable for the operation proposed and are unlikely to adversely affect the amenity of surrounding residents based on an assessment of the traffic, access, parking and acoustic implications of the proposal. Colour Scheme The revised colour scheme has been found to be acceptable as outlined previously in this report. Traffic, Access and Parking The capacity of the proposed development having now been clarified with an identification of the anticipated likely growth of the congregation has permitted an assessment of the traffic, access and parking implications of the proposal. The proposal provides eight (8) off-street parking spaces in one (1) basement level which is sufficient in accommodating the parking demand generated based on Council’s rate of one (1) space per six (6) devotees for places of public worship under Part I of the Strathfield Consolidated DCP 2005. This includes the proposed capacity of the site during daily prayers and on minor and major festivals. However, the applicant indicates an anticipated likely increase during the three (3) main festivals per year from (50) to (55) devotees in five (5) years time as a result of congregational growth. Based on the above parking rate, the proposal will require one (1) additional off-street parking space however will be unable to provide it as the site will have been developed as proposed. The anticipated increase in devotees attending the site is recognised to occur three (3) times per year and is not considered to be an unreasonable outcome in light of the use of the site. There are numerous examples of places of public worship of varying religious affiliations throughout Sydney having special occasions and festivals that rely on on-street parking. The matter to be considered here is whether in the circumstances of this application, this is likely to result in an unacceptable imposition on the existing on-street parking located in the immediate vicinity of the site. In consideration of this issue, the applicant’s traffic impact assessment indicates that there is sufficient space in the surrounding street network to accommodate the anticipated likely increase. However, this assessment is current and does not seek to predict the on-street parking situation in five (5) years time. Therefore, the application is supported on the grounds that it is located in an area in which the devotees are identified to be likely to reside in close proximity to Flemington railway station.

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Accordingly, the proposal is unlikely to result in an unacceptable reliance on on-street parking based on the identification and anticipated likely capacity of the site. Additional concerns raised by Council officers regarding a high volume traffic counts identified during surveys of the local area have been addressed by the applicant in further information from the applicant’s traffic consultant. The traffic surveys were undertaken during one (1) of the Hindu festival days however this was considered to be a low contributor to the high volumes recorded as the following was observed in the local area:

Use of the surrounding local street network for on-street parking by people accessing Sydney Markets via the overhead bridge near Flemington railway station.

School sporting activities were occurring. The traffic volume count coincided with the operation of other places of public

worship in the vicinity of the site including midday masses of Christian churches. The Homebush West Town Centre is a local retail centre attracting local

residents engaged in shopping activities. Golfers parking on the northern side of Arthur Street on Saturday as a

consequence of the golf club car park being full. General movements of local residents.

Accordingly, the above activities are likely to result in a combined contribution to the amount of traffic generated in the local area and the high traffic count is attributed to these activities. These activities, in conjunction with surveys undertaken as part of the traffic and parking assessment of the existing Hindu temple operation on the site indicate that the operation of the proposed temple is unlikely to result in an adverse traffic impact on the surrounding road network. Notwithstanding, the applicant proposes to undertake measures to ensure that the operation of the proposed temple is managed appropriately from a traffic, access and parking perspective. In this regard, the applicant intends to comply with the following measures as outlined in the Operational Plan of Management for the proposed development:

Signs to be placed within the temple to remind devotees to park legally and not across driveways and the like.

Devotees will be encouraged to car share and use public transport, especially for more busy times and during major festivals.

The temple will investigate options to hire a (12) seater mini-bus to be used to collect people from the local area.

Preparation of a traffic and parking management plan.

Further to the above measures, the temple will train a pool of volunteers as traffic controllers at a Roads and Maritime Services (previously RTA) approved course to manage traffic and parking issues, particularly, during peak periods. During the three (3) major festivals, an independent traffic controller will be employed to ensure temple devotees park legally along Eastbourne Road and The Crescent during peak periods. Overall, the traffic, access and parking implications of the proposed development are

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acceptable and are unlikely to place undue stress on the local road network where the proposed capacity of the site is adhered to. Control of Smoke/Odours The operation of the site comprises a kitchen located to the rear of the site and the burning of incense. The operation of the kitchen is for the storage, serving and cleaning up of food that is brought to the temple as offerings to the deities. All food will be pre-cooked and the offerings will be packaged and distributed to devotees and taken from the site for consumption. This is consistent with the practices of many other temples. As a result, there are no impacts from odour and smoke likely to be generated by the kitchen component of the proposed development. The use of the site will however involve the burning of incense. The burning of incense will only occur within the main shrine (Ganesh temple) and not in the secondary shrines located throughout the open courtyard area. The amount of incense involved is small and is unlikely to result in adverse odour impacts on adjoining and nearby residents. The use of incense is managed by the priest who is the only person allowed to light incense and will be used sparingly as required by the religious practices. Accordingly, there are unlikely to be adverse smoke and odour impacts on adjoining and nearby residents. Notwithstanding, conditions are recommended to be imposed to enable Council to require the applicant to undertake investigations by suitably qualified professionals in the event of complaints being received relating to the above potential issues. These conditions are considered to be an appropriate compromise in allowing the temple to operate as desired whilst allowing recourse to address any future concerns of adjoining and nearby residents. Flora and Fauna The proposed development involves the construction of a basement car park and storage area adjacent to the eastern boundary of the site. The adjoining eastern property contains a Lemon-Scented Gum tree (Corymbia citriodora) in close proximity to the proposed excavation. The applicant has proposed to relocate the basement one (1) metre to the west in order to minimise the impact of the excavation on the existing tree. An assessment by an independent arborist has determined that subject to recommendations, the proposed tree can be successfully retained on the adjoining property. Tree protection measures have been imposed as recommended conditions of consent. There are also several established and high quality street trees located in Council’s nature strip along Eastbourne Road which are identified to be retained. An existing Council street tree located in the nature strip adjacent to the northern boundary of the site to The Crescent was removed without Council permission earlier in the year. This matter is being investigated by Council’s Operations Department and is not pertinent to the determination of the subject application. Notwithstanding, the proposed basement driveway location is now uninhibited by existing trees or services in the nature strip to The Crescent.

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The proposed development does involve the planting and landscaping of the site in accordance with a submitted landscape plan. Overall, the proposed development is likely to retain and contribute to the landscaped character of Strathfield Municipality through the retention and protection of existing trees and the landscaping of the site. Operational Plan of Management The proposed development will primarily rely upon adhering to measures proposed in the Operational Plan of Management prepared by the applicant. The measures included are considered to be reasonable and sufficient in ensuring that the proposed temple operates in a way that manages potential impacts appropriately. Furthermore, it includes the establishment of a complaint recording procedure whereby the temple will review its operations where substantial community concern exists. The Operational Plan of Management is comprehensive and sufficiently addresses potential areas of concern. It will form part of the approved documents as recommended below and the operation of the site will be required to comply with the measures listed therein.

(c) Suitability of the Site:

The site is located in an area predominantly defined by residential flat buildings intermixed with places of public worship, scholastic uses and a town centre and railway station. The proposed construction and use of a place of public worship is generally consistent with the character and amenity of the surrounding area and is suitable for the site. Having resolved initial concerns held by Council officers and residents in relation to the operation and capacity of the site, the proposed development is unlikely to result in adverse impacts on adjoining and nearby residents and is therefore suitable for the site.

(d) Submissions: The application and plans were notified in accordance with Part L of the Strathfield Consolidated DCP 2005 from 14 March 2011 to 28 March 2011. A site notice was placed on site and the application advertised in a local newspaper. A total of (224) written submissions were received comprising (217) letters of support of which (140) were from residents and (72) were from persons who reside outside the Strathfield LGA within the wider Sydney Metropolitan Area. Six (6) individual letters and one (1) petition with (46) signatures objecting to the proposal were received. Of the objections, two (2) letters of objection did not disclose places of residence and four (4) signatories to the petition were from persons residing outside of the Strathfield LGA. Overall, (140) letters of support, four (4) letters of objection and one (1) petition with (42) signatures were received from residents in the Strathfield LGA. Notwithstanding, all of the submissions received are addressed as follows: The comments made in the submissions supporting the proposal commonly referred to the social and cultural benefits to the community that will occur as a result of the temple being constructed and operating on the site. The concerns raised in the submissions objecting to the proposal are outlined and discussed below.

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1. Loss of amenity, traffic, noise and lack of infrastructure.

There was a general concern expressed in the written objections regarding the potential impact of the proposed development on traffic, on-street parking and congestion in the local area. Comment Additional information clarifying the maximum number of devotees attending the site as well as an identification of anticipated future growth of the congregation has enabled Council officers to further evaluate the appropriateness of traffic, access and parking implications of the proposal. In this regard, the amount of off-street parking is considered to be likely to accommodate the operation of the site without adversely increasing the demand for on-street parking. Suitable measures will be put in place by the applicant as outlined in the Operational Plan of Management to deal with any unexpected traffic or parking issues thereby ensuring that local residents are considered in the day to day operation of the site. Similarly, the findings of the acoustic assessment can now be relied upon as the capacity of the site and its future likely growth in congregation has been clarified and an assessment is now able to be undertaken. The applicant has stated that the temple will seek to abide by a ‘quiet environment policy’ in order to preserve the internal amenity of the proposed temple for devotees as well as ensure residents are not unreasonably impacted upon. Additional measures are outlined in the Operational Plan of Management including signs advising devotees to be aware of residents and enforcement of the quiet environment policy by temple elders. Based on this additional information, the proposed development is unlikely to adversely affect the amenity of adjoining and nearby residents.

2. Incompatible scale and contrary to streetscape.

Comment

The proposed development will be visually different to existing residential flat development adjoining and near the site; however, this is reflective of the function of the proposed development. Despite this, the bulk and scale of the proposed development is relatively low by comparison to existing adjoining and nearby residential flat development. The height of the front entrance structure (Raja Gopuram) being the tallest element of the temple is approximately 9.0m which is comparable in height to adjoining development to the east of the site. All other shrine structures are lower and relatively smaller in terms of floor area thereby having a compatible bulk and scale in relation to adjoining development. The applicant has further revised the schedule of finishes proposed to incorporate cream tones in response to the red and cream brick tones of the surrounding built environment. Overall, the design and finish of the proposed

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development will be a unique compatible contribution to the local area and unlikely to adversely affect the streetscape.

3. Inaccurate plans. Comment The plans submitted as part of the application are accurate.

4. Dispute over the number of attendees proposed in the application.

The existing operation of the Hindu Temple on the site is said to attract up to (100) attendees on festival days and causes significant traffic and parking issues in Eastbourne Road.

Comment

The capacity of the site will be limited to (30) during daily prayers increasing up to (40) over five (5) years. On the three (3) major festivals per year, (50) devotees increasing up to (55) devotees are permitted to attend the site at any one (1) time. Following an assessment of the traffic, access, parking and acoustic implications of this capacity, the proposal is unlikely to adversely affect the amenity of adjoining and nearby residents.

5. Use of amplified music.

The existing operation of the Hindu Temple involves the use of amplified music. Comment

Although the applicant has indicated that amplified music will not be used, a condition of consent will be imposed prohibiting the use of amplified music or speaker systems.

6. Overlooking and privacy impact to adjoining residents.

Comment

The proposed temple activities occur at ground level. Boundary fencing is proposed which will ensure that the amenity of adjoining residential properties at ground level have sufficient privacy maintained. Therefore, there are no unacceptable opportunities for overlooking or privacy impacts on adjoining residential properties.

7. Odour concerns from proposed kitchen and shrines.

Comment

The use of the kitchen has been confirmed by the applicant to be limited to providing a place for food to be stored, served and distributed to devotees attending the temple. Devotees bring pre-prepared food as offerings to deities

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and to be shared at the end of the Saturday evening prayer service; a tradition of the Hindu faith. Odours are therefore unlikely to be generated by the proposed kitchen. In terms of the use of incense, the applicant has confirmed that these are only used in the Main Shrine (Ganesh Temple) which is an enclosed structure and will therefore be unlikely to result in adverse odour impacts on adjoining and nearby residents. Conditions of consent are recommended to be imposed to this effect.

8. Overcrowding. Concern was raised regarding the number of devotees attending the site particularly during festivals and special occasions. In addition, that during these times, devotees may spill out onto Eastbourne Road creating traffic congestion, overcrowding and increasing rubbish on the street. Comment

The applicant has clarified the maximum number of devotees and these will be limited based on conditions of consent. During the three (3) main festivals, the applicant will engage security officers and an independent traffic controller to ensure devotees leave the premises quickly and quietly after prayers and ensure on-street parking occurs legally. Devotees will be further encouraged to car share, walk and use public transport through messages in the newsletter, website and signs within the temple. A traffic and parking management plan will guide the overall function of the site at these times. Overall, sufficient measures will be taken by the applicant to regulate and manage potential impacts on adjoining and nearby residents at times of capacity.

9. Compliance with Access to Premises Standard A late submission objecting to the proposal on the grounds that it does not comply with the Disability (Access to Premises) Standard 2010 was received by Council. Comment The application has been accompanied by an Access Report which indicates that the proposed development is likely to comply with the Disability (Access to Premises) Standard 2010.

(e) Public Interest:

The public interest has been evaluated in the assessment of the subject application through the consideration of Council’s environmental planning instruments and development control plans as well as considering submissions received during public notification of the application. Having regard to the issues raised in the written submissions and further information received from the applicant seeking to address these issues along with those raised by the Planning Committee, the proposal has been

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able to demonstrate that it will be unlikely to adversely affect the amenity of adjoining and nearby residents. Approval of the application is therefore not contrary to the public interest.

INTEGRATED DEVELOPMENT There are no approvals required by other authorities pursuant to the Integrated Development provisions, of the Environmental Planning and Assessment Act, 1979. INTERNAL REFERRALS The application was referred to Council’s Development Engineer, Tree Coordinator, Building Surveyor and Traffic Engineer. No objections were received subject to the imposition of recommended conditions of consent. In addition to the above internal referrals, Council officers sought the advice of an external independent academic studying in the field of Indian culture and society, in particular, Hinduism. The independent review of the information submitted by the applicant confirmed:

The ancient rites and festivals of a Hindu Temple in which Ganesha is the presiding deity have been accurately presented.

The Poojas, festivals and customs appear to have been modelled on those performed at the well-known and respected Sri Karphaga Vinayakar Temple in Tamil Nadu, South India.

Specific elements of the Temple and its congregation are likely to automatically limit the number of devotees on the site including:

o The temple will essentially be a place of worship for Ganesha devotees living in the Homebush area;

o The temple will chiefly attract those who speak the Tamil language, that is, Hindu’s of Southern India and Sri Lankan origins; and

o The open space around the central Ganesh shrine will in fact play a role in deterring rather than encouraging the number of devotees and will discourage any tendency to loiter in the temple precincts, especially in inclement weather.

The priest and temple elders are likely to be as eager to maintain a quiet and prayerful ambience in the temple as adjoining and nearby residents (and Council).

The large open space at the front of the Ganesh shrine is consistent with the general architectural plan of Hindu temples and is not indicative of an intention to increase the number of devotees at the temple in the future.

The Sri Karphaga Vinyakar group is not a proselytizing sect and will not pursue any missionary activity in Homebush or in any other part of Sydney.

Overall, the documentation and additional information provided to Council from the applicant is a fair and accurate representation of their ancient rites, festival and faith tradition.

CONCLUSION The proposed development is permissible in the subject zoning established under the Strathfield Planning Scheme Ordinance, 1969 and draft Strathfield Local Environmental Plan, 2008. Initial concerns raised by Council officers and the community in the previous assessment report have been addressed and resolved by the applicant through the submission of additional

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information and an updated detailed Operational Plan of Management. An assessment of this additional information and revised plan of management indicates that the proposal is unlikely to significantly compromise the amenity of adjoining and nearby residents. RECOMMENDATION That DA2011/019 for the demolition of the existing building, construction of a Hindu Temple and use as a place of public worship at 123 The Crescent, Homebush be APPROVED subject to the following conditions. CONDITIONS OF CONSENT PART B - OTHER CONDITIONS Plans 1. The development shall be completed in accordance with the approved plans and

documents listed below, prior to the building being used or occupied, and subject to any amendments “in red” and any variation as required by conditions of this consent:

Dwg No. DA01 Issue No 1A Alternative Basement and Ground Floor Plans prepared by David Haertsch Architect and received by Council 23 November 2011.

Dwg No. DA02 Issue No. 2 Elevations prepared by David Haertsch Architect and received by Council 23 November 2011.

Dwg No. DA03 Issue No. 1 Section A-A and Shadow Diagrams prepared by David Haertsch Architect and received by Council 23 November 2011.

Dwg No. 04 Issue No. 2 Concept Landscape Plan prepared by David Haertsch Architect and received by Council 18 November 2011.

Dwg No. 06 Issue No. 1 Drive Gradient Plan and Section prepared by David Haertsch Architect and received by Council 18 November 2011.

Dwg No. C01.00 M032 Revision 1 Stormwater Concept Plan (Ground Floor) prepared

by Spad Pty Ltd and received by Council 23 February 2011. Dwg No. C02.00 M032 Revision 1 Stormwater Concept Plan (Basement Level)

prepared by Spad Pty Ltd and received by Council 23 February 2011. Dwg No. C03.00 M032 Revision 1 Sediment and Erosion Control Plan prepared by

Spad Pty Ltd and received by Council 23 February 2011. Arboricultural Impact Appraisal and Method Statement prepared by Naturally Trees

and received by Council 18 May 2011. Noise Assessment prepared by Acoustic Consulting Engineers Pty Ltd and received by

Council 18 May 2011.

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Operational Plan of Management dated October 2011 and received by Council 28 October 2011. Waste Management Plan (Construction only) received by Council 23 November 2011. Construction Certificate must be obtained either from Council or a privately accredited person before commencement of any construction/demolition associated with this consent. The Principal Certifying Authority must be appointed prior to work commencing to supervise the work and authorise occupation/use of the building when completed.

2. A copy of the endorsed stamped plans and specifications, together with a copy of the

Development Consent, Construction Certificate and any approved Traffic Management Plan are to be retained on site at all times.

Special Conditions 3. Amended plans incorporating the recommendations of the Aboricultural Impact

Appraisal and Method Statement listed in Condition 1 above shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate.

4. Amended plans incorporating the recommendations of the Noise Assessment listed in

Condition 1 above shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate incorporating the following:

(a) The use of a bell during any activity on the site shall be restricted to the smaller

20 gram brass bell. (b) Food taken to the site shall be pre-prepared and distributed to devotees after

poojas for consumption off the site in order to prevent conversations from taking place and adverse noise impacts.

(c) Signs shall be displayed on the internal walls of the proposed temple at the

entrance advising devotees to be aware of nearby residents and comply with the ‘Quiet Environment Policy’ while on the site.

(d) To reduce rail traffic noise, automatic glass doors that are silent when operating

shall be installed behind the proposed wooden doors to the main shrine (Ganesh Temple) and the entrance structure (Raja Gopuram) and provided with 6.38mm laminated glazing.

5. Prior to the issue of the Construction Certificate, an Electrolysis Expert shall be

engaged to prepare a report on the Electrolysis Risk to the development from stray currents. The applicant must incorporate in the development all of the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate. A further application is to be submitted to Council where the recommended measures require the further consent of Council.

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Site Operation 6. The operation of the Hindu Temple shall comply at all times with the Operational Plan

of Management dated October 2011 which includes (but is not limited to): (a) Hours of operation shall be restricted to Monday to Sunday 7:00am to 1:00pm

and 4:15pm to 9:00pm (including time for cleaning and closing activities).

(b) The maximum number of devotees permitted on the site are:

(i) (30) devotees during daily prayers (Poojas) identified to occur at 7:00am, 11:30am, 4:30pm and 7:00pm daily and 7:30pm on Fridays and minor festivals.

(ii) (50) devotees during the three (3) main festivals each year including New

Year, Tamil New Year and Ganesh Charturthi.

(c) Notwithstanding Condition 6 (b) (i) and (ii) above, the maximum number of devotees is permitted to increase in accordance with the following:

(i) Two (2) devotees per year for five (5) years up to a maximum of (40) for

daily prayers (Pooja) and minor festivals. (ii) One (1) devotee per year for five (5) years up to a maximum of (55) for the

three (3) main festivals including New Year, Tamil New Year and Ganesh Charturthi.

Without prejudicing the outcome of a future application, Sri Karphaga Vinayakar Temple is to submit to Strathfield Council an application seeking an increase in the capacity of the site in the event that unanticipated growth in the congregation is experienced.

(d) During the three (3) main festivals each year (New Year, Tamil New Year and

Ganesh Charturthi), the applicant is to engage an independent security and traffic contractor to ensure devotees behave responsibly outside the temple, leave quietly and quickly upon completion of their prayers and do not park illegally.

(e) During regular daily operations (outside of the three (3) main festivals), Sri

Karphaga Vinayakar Temple shall ensure there is a temple representative/manager on site at all times to maintain the orderly use of the site, quiet attendance by devotees and ensure that the maximum number of devotees is adhered to on site.

(f) Sri Karphaga Vinayakar Temple is to adhere to a ‘Quiet Environment Policy’ by

installing signs advising devotees to have regard for adjoining and nearby residents, encourage devotees to leave the temple quickly and quietly once prayers have concluded and be responsible for requesting devotees to cease conversations should they begin.

(g) Sri Karphaga Vinayakar Temple shall establish a complaints handling system to

respond to concerns of neighbours or Strathfield Council in accordance with that

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set out in the Operational Plan of Management. This shall include the maintenance of a complaints record book to be made available for inspection by Strathfield Council officers upon request.

(h) Sri Karphaga Vinayakar Temple shall provide Strathfield Council with a list of

major and minor festivals on a yearly basis once these have been determined by the Temple. The list shall be provided in writing and advise of the dates and times of the festival activities in accordance with other conditions of this consent.

7. No part of this consent permits the installation of lighting on the site for night time

operation. This shall be subject to a further application to Strathfield Council and be accompanied by an assessment by an electrical engineer demonstrating that adjoining and nearby residents will not be adversely affected by light spill (amongst other issues).

8. Sri Karphaga Vinayakar Temple shall provide bins within the temple for the collection

and disposal of any rubbish generated by devotees attending the site (e.g. food container waste from the kitchen). Signs shall be installed on the inner walls of the temple advising patrons that bins are available for waste collection.

9. The display of signage, other than signage which is approved by this consent or

signage which is exempt development, is strictly prohibited. 10. No flashing lights or flashing animated signs shall be erected on the property. 11. Special events that include any street parades and road closures shall not be

undertaken. 12. The use of amplification equipment, speaker systems or musical recordings in any

form is prohibited on the site. General 13. The building shall not be occupied or used until the development has been completed

in accordance with the conditions of this consent, construction has been completed in accordance with the Construction Certificate and an Occupation Certificate has been issued by the Principal Certifying Authority.

14. A Works Permit shall be obtained from Council's Customer Service Centre at least 48

hours prior to undertaking any works on public/Council-controlled areas. The permit must be retained on site at all times.

15. Prior to the issue of a Construction Certificate, photographs documenting any

existing damage to the kerb and gutter and footpaths adjacent to the property shall be submitted to the consent authority. In the absence of this documentation, the applicant is liable for all damage that occurs to Councils’ assets.

16. All exhaust and other emissions including noise from the premises shall comply with

the provisions of the Protection of the Environment Operations Act 1997 and Regulations.

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17. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $10million and shall provide proof of such cover to Council prior to carrying out works.

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

obtained for the proposed development. Application must be made through an authorised Water Servicing Coordinator. For details see the Sydney Water website www.sydneywater.com.au then follow the “e-developer” icon, or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Financial Matters 19. In accordance with the provisions of Section 94A(1) of the Environmental Planning and

Assessment Act 1979 and the Strathfield Indirect Development Contributions Plan 2010-2030, a contribution in the form of cash, cheque or credit card (financial transaction fee applies) shall be paid to Council for the following purposes:

Local Amenity Improvement Levy $9,500.00

The total amount of the contribution is valid as at the date of determination and is subject to annual indexation. If the contribution is paid after 1st July in any year, the amount of the contribution under this condition shall be indexed in accordance with clause 4.12 of the Strathfield Indirect Development Contributions Plan 2010-2030.

The required contribution shall be paid prior to the issue of a Construction

Certificate or as otherwise specified in writing by Council. 20. A security payment of $9,254.00 in the form of cash, bank guarantee, cheque or credit

card (financial transactions fees apply) shall be paid to Council prior to the issue of a Construction Certificate. The security payment is GST inclusive and comprises the following:

Refundable tree protection bond $5,000.00 Refundable works bond $4,000.00 Non-refundable administration fee ($127bd) $ 254.00

TOTAL $9,254.00

The security payment covers the following matters and will be released upon satisfactory completion of these items: (a) installation and maintenance of sediment control measures for the duration of

construction activities; (b) tree final inspection to ensure that Council’s street trees have been retained,

protected or replanted in accordance with conditions of consent and/or Arborists’ report for the post final inspection twelve (12) month period; and

(c) ensuring no damage occurs to or building debris/materials are left on Council land including footpath, nature strip, kerb and gutter. The security bond may be

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used to recover the costs incurred by Council in cleaning and restoring the land to its original condition.

Parking/Traffic Matters 21. A total of eight (8) off-street parking spaces, hardpaved, linemarked, labelled and

drained, shall be provided in accordance with the approved plans and these spaces shall only be used for the parking of motorcycles, sedans, utilities, vans and similar vehicles up to two (2) tonne capacity.

22. A mirror shall be installed at the driveway to assist with the safety of pedestrians on the

footpath prior to the issue of the Occupation Certificate. 23. All redundant vehicular crossings shall be removed and replaced with kerb and gutter

and footpath at no cost to Council. 24. A Traffic Management Plan prepared by a suitably qualified person shall be submitted

to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.

Drainage/Stormwater 25. Stormwater runoff from all roof and paved surfaces shall be collected and discharged

by means of a gravity pipe system to the street gutter. A pump out system shall be provided for runoff from the basement ramp.

26. The minimum orifice sizes permissible is 70mm. Where the calculated orifice is less

than 70mm, the detention system should be redesigned to either reduce water depth in the storage facility or increase the catchment draining to the basin (where possible). Revised orifice calculations shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate.

27. The basement pump out system shall consist of two (2) pumps, connected in parallel

with each pump being capable of emptying the detention tank at a rate no greater than the PSD. The maximum rate of discharge for the pumps shall be limited to the 1 in 10 year ARI event.

28. In this project the above engineering plans are satisfactory as concept plans. The

assessment authority either Council or a Private Certifier is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any are to be added to the Construction Certificate plans in order for the issue of the Construction Certificate. A copy must be provided to Council where a Private Certifier is engaged.

29. Allowance shall be made for surface runoff from adjacent properties, and to retain

existing surface flow path systems through the site. Any redirection or treatment of these flows shall not adversely affect any other properties.

30. Prior to the issue of an Occupation Certificate/use of the building, written

verification from a suitably qualified professional civil engineer shall be obtained,

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stating that all stormwater drainage and related work has been constructed in accordance with the approved plans.

In addition, detailed works-as-executed plans, prepared and signed by a registered

surveyor, shall be submitted to and approved by the Principal Certifying Authority. Where changes have occurred the plans shall be marked-up in red ink and shall include levels and location for all drainage structures and works, buildings (including floor levels) and finished ground and pavement surface levels.

Landscaping/Tree Matters 31. The trees listed below shall be retained at all times:

Tree Height/Spread

(m)

Location Protection Zone (m)

Excavation Zone (m)

1) 1 x Corymbia citriodora 22/20 Adjoining property to the east of the site.

In accordance with the Arboricultural Method Statement contained in the endorsed Arboricultural Impact Appraisal listed in Condition 1 and as advised by the consulting arborist.

2) 5 x Lophostemon confertus

12/10 Eastbourne Road nature strip adjacent to western boundary

6.0 2.47

and protected by the establishment of a protection zone before any site works begin (including any demolition/excavation). The protection zone shall be maintained for the duration of works and implemented as follows: A minimum 1.2m high barrier (made of hardwood/metal stakes with suitable hessian

or canvas material) shall be erected around the perimeter of the stated Protection Zone as measured from the base of the tree (or where practical). The barrier shall be constructed so as to prevent pedestrian and vehicular entry into the protection zone. The barrier shall not project beyond the kerb onto the roadway or any adjacent footpath.

No concrete slurry or wash, building materials, builders’ rubble, excavation spoil or

similar shall be placed or stored within the tree protection zone. The whole of the tree protection zone shall be mulched to a minimum depth of

75mm. The tree protection zone shall be regularly watered. Any major structural roots which are encountered shall be pruned by a qualified

Arborist.

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No excavation or construction shall be carried out within the stated Excavation Zone distances from the base of the trunk surface.

Only permeable surfaces (e.g. decomposed granite, gravel, turfpave, permeable

paving systems or soft landscaping) are permitted within the canopy spread of the trees to be protected.

32. All noxious weeds on the site shall be removed and destroyed as per their classification

under the Noxious Weeds Act. 33. A minimum of one (1) street tree shall be provided within Council’s nature strip in The

Crescent in accordance with the following:

Plants shall be a minimum 50 litre container size. Plants shall be vigorous and well established, free from disease and pests, of good form, consistent with species or variety, hardened off, not soft or forced, with large healthy roots systems with no evidence of root curl, restriction or damage. Trees are to have a single leader and clear straight trunk.

Replacement trees must be Lophostemon confertus (Brushbox). All trees are to be staked and tied with a minimum of three (3) hardwood stakes.

Ties are to be hessian and fixed firmly to the stakes, one tie at half the height of the main stem, others as necessary to stabilise the plant.

Root deflection barriers having a minimum depth of 600mm are to be installed

adjacent to all footpaths and driveways. Apply soil conditioner/fertilizer/moisture retention additive/s in accordance with

manufacturer’s recommendations, and mix into the backfilling soil after planting tree/s.

Minimum 75mm depth of organic mulch shall be placed within an area 0.5m from

the base of the tree. 34. General maintenance of Council’s nature strip adjoining the development site, including

regular lawn mowing, edging, irrigation of the lawn and street trees and restricting the storage of materials, rubbish and parking or driving of vehicles on the nature strip, must be carried out during the full period of all approved works (including any demolition and excavation).

35. A minimum of two (2) x 100 litre size additional trees, which have a minimum mature

height of 6 metres shall be planted between the front of the building and the street frontage boundary.

36. Manual excavation and manual sawing of all roots is required within canopy spread of

the Corymbia citriodora referred to in Condition No. 31. 37. A qualified Arborist who is currently a member or eligible for membership to the

National Arborist Association of Australia (NAAA) is to be contracted by the applicant to

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undertake/monitor excavation in the vicinity of the Corymbia citriodora located 122 The Crescent, Homebush to the east of the site.

Construction Matters 38. The proposed development shall comply with the Building Code of Australia and

details demonstrating compliance shall be submitted to the Principal Certifying Authority for approval prior to the issue of a Construction Certificate.

39. Footings shall be designed in accordance with the soil classification of H, or Highly

Reactive (unless determined to the contrary by a suitably qualified person). 40. If the soil conditions require it retaining walls associated with the erection or

demolition of a building or other approved methods of preventing movement of the soil must be provided, and adequate provision must be made for drainage.

41. Certification shall be obtained from a registered surveyor at the following stage(s) of

construction confirming that the building has been constructed in accordance with the approved plans including any approved amendments (S.96 approvals) and plans and details required by Council as conditions of development consent: (a) footings excavation prior to placement of concrete; (b) car park/garage level prior to placement of concrete or pavement; (c) ground floor and first floor levels; (d) roof ridge height; (e) all floors of the building, roof eaves and all roof ridges; (f) wall setbacks from property boundaries and street alignment; (g) vehicular ramp gradients.

Copies of the surveyor’s certificates must be submitted to and accepted by Council at the stages nominated above.

42. The existing ground levels shall not be altered except in accordance with the levels

shown on the approved plans as part of this consent. Finished ground surface levels shall match the existing levels at the property boundary. Any survey plan shall also show the extension of these levels in relation to adjoining properties.

If the existing ground levels are altered during construction, Council may require a

survey plan of the finished ground levels to be prepared and submitted prior to the issue of an Occupation Certificate to determine if there have been changes to the pre-development levels and if there are any impacts on adjoining properties as a result.

43. All construction, demolition and excavation work shall be restricted to 7am and 5pm

(Eastern Standard Time) on Mondays to Saturdays (inclusive) and prohibited on Sundays and public holidays.

44. The public area adjacent to a work site must be kept lit between sunset and sunrise if

it is likely to be hazardous to persons in the public place.

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45. All excavations and backfilling associated with the approved works must be executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

46. If an excavation associated with the approved works extends below the level of the

base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

Must preserve and protect the building from damage; and If necessary, must underpin and support the building in an approved manner, and Must, at least seven (7) days before excavating below the level of the base of the

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

47. There are built structures which may be in the zone of influence of the proposed works

and excavations on the site. A qualified practicing geotechnical engineer must prepare a Construction Methodology Report demonstrating that the proposed construction method including any excavation and the configuration of the built structures will have no adverse impact on any surrounding property and infrastructure. The report must be submitted with the application for a Construction Certificate and must include an investigation to determine the design parameters appropriate to the specific development and site. This would typically include;

a) the location and level of nearby foundations and footings (site and neighbouring); b) proposed method of excavation; c) Permanent and temporary support measures for excavation; d) Potential settlements affecting footings and foundations; e) Ground water levels (if any); f) Batter slopes; g) Potential vibration cause by method of excavation; and h) De-watering including seepage and off site disposal rate (if any).

Excavation, retention, underpinning and construction must be undertaken onsite by an excavation contractor with specialist excavation experience. A suitably qualified geotechnical engineer, specialising in excavation must supervise the excavation procedure.

48. The owner of the adjoining allotment of land is not liable for any part of the cost of

work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

49. To maintain pedestrian safety in common areas suitable lighting is to be provided on

the development site adjoining each street frontage and near pedestrian main entrances to the site. Details shall be submitted and approved by the Principal Certifying Authority prior to the installation thereof.

50. All temporary buildings shall be removed from the site at the completion of the

development.

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Building Matters 51. The external finish of the proposed development shall be in accordance with the

following: (a) Painted cream finish to the main entrance structure (Raja Gopuram) and

adjacent walls; (b) Main shrine (Ganesh Temple) located in the centre and toward the rear

(southern) boundary of the site is to be constructed in imported Indian black stone; and

(c) Secondary shrines located in the open courtyard are to be finished in an ‘ash grey’ colour.

52. Where building intruder alarms are installed in the building they shall be fitted with an

automated “cut-off” timing device and operated as per the Protection of the Environment Operations (Noise Control) Regulation 2008.

Demolition 53. Demolition shall be carried out in accordance with Australian Standard 2601 - ‘The

demolition of structures’ or any subsequent standard and the relevant legislation. 54. The demolition of the building shall be carried out by a licensed demolition contractor.

A copy of the licence shall be submitted to Council and the Principal Certifying Authority prior to any work commencing on site.

55. Details demonstrating that excavated and demolished materials including asbestos-

based materials will be disposed of at an approved site shall be submitted to the Principal Certifying Authority prior to any work commencing on site.

56. The cleared ground surface of the site shall be suitably stabilised to prevent the

generation of dust and the erosion of soil on the site. Fire Safety Measures 57. Upon completion of works a final fire safety certificate is to be issued from a properly

qualified person in respect of each essential fire safety measure installed within the building and specified in the fire safety schedule. The final fire safety certificate shall be provided prior to the issue of an Occupation Certificate.

58. As soon as practicable after a final safety certificate is issued, the owner of the

building to which it relates:

shall submit a copy of the fire safety certificate (together with a copy of any current fire safety schedule) to the Commissioner of NSW Fire Brigades;

shall submit a copy of the fire safety certificate (together with a copy of any current fire safety schedule) to Council for registration; and

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shall ensure the current fire safety schedule is prominently displayed in the building.

Air Quality 59. As required by the Protection of the Environment Operations (Noise Control)

Regulation 2008, air-conditioning units or heat pump water heaters shall not be audible in the habitable rooms of any other residential premises before 8am or after 10pm on any Saturday, Sunday or public holiday, or before 7am or after 10pm on any other day.

60. Any noise generated on the premises from the use at any time shall not have any

detrimental effect on the occupants of any adjoining residential dwellings. 61. In the event of Council receiving complaints regarding air pollution or odour from the

premises, the person(s) in control of the premises shall at their own cost arrange for an environmental investigation to be carried out (by a suitably qualified person) and submit a report to Council specifying the proposed methods for the control of odour emanating from the premises. Such measures are to be installed at no cost to Council and may require further development consent from Council.

62. In the event of Council receiving complaints regarding excessive noise, the person(s) in control of the premises shall at their own cost arrange for an acoustic investigation to be carried out (by a suitably qualified person) and submit a report to Council specifying the proposed methods for the control of noise emanating from the premises. Such measures are to be installed at no cost to Council and may require further development consent from Council.

Disabled Access 63. Access to the building for persons with disabilities shall be in accordance with the

requirements of the Building Code of Australia and the relevant standards. Details shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.

64. Sanitary facilities for persons with disabilities shall be provided in the building in

accordance with the Building Code of Australia and the relevant standards. Details shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.

65. A car parking space for persons with disabilities shall be provided in accordance with

the Building Code of Australia and the relevant standards. Details shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.

Waste Management 66. Submission of a comprehensive Waste Management Plan to the Principal Certifying

Authority for approval prior to the issue of a Construction Certificate. Such plan shall address demolition, construction and operation waste arising from the development and shall include:-

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type and likely quantity of waste arising from the demolition and construction activities;

storage, disposal and recycling measures for all demolition and construction waste, including specific disposal points and arrangements;

type and likely quantity of trade and operational waste arising from the proposed development, including storage and collection details. Note: Strathfield Council does not provide a trade waste service;

provision for a suitable number of 240 litre garbage bins and 240 litre recycling bins for the residential development;

storage, disposal, collection and recycling arrangements for all trade and operational waste; and

fitout details of any garbage/waste enclosures and storage areas.

Full compliance must be given to the endorsed Waste Management Plan submitted for the proposed development. Copies of any weighbridge receipts from all approved waste disposal facilities shall be retained for presentation to the Principal Certifying Authority upon request.

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LIST OF ATTACHMENTS 1. Locality map. Key: Extent of Subject development Submissions Notification site

2. Site plans and elevations. 3. Letters of objection and letters of support.

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