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SEPARATE COVER ATTACHMENT

PSRP-6 DA15/0751 – Proposed Dwelling, 14

Chipp Place, Lloyd, Lot 531 DP 1196872

1 S 79C Assessment Report 2 Statements of Environmental Effects 3 Additional Written Justification 4 Additional Site Plan Analysis 5 Elevations 6 Site Plan 7 Landscape Plan

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Report of Development Application Pursuant to Section 79C of the Environmental Planning and Assessment Act 1979

APPLICATION DETAILS

Type of Application Development Application

Application No. DA15/0751

Modification No. N/A

Council File No. D/2015/0751

Date of Lodgement 22/12/2015

Applicant Condron Constructions

5 Hickory Pl

SPRINGVALE NSW 2650

Geoff Condron

Proposal Dwelling

Description of Modification

N/A

BCA Classification 1a, 10a

Development Cost $260000

Other Approvals Section 68 Activity Approval Part B4 and B5

Concurrence Required No

Referrals Internal

Determination Body Wagga Wagga City Council

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Reason In accordance with Clause 1.11 “Complying with the Wagga Wagga Development Control Plan 2010” the application has been referred to Council for determination as the proposed dwelling requires a variation fromControl C1 under Section 9.3.6 - Front Setbacks, of the Wagga Wagga Development Control Plan 2010 by greater than a 10%.

Meeting Date Policy and Strategy Meeting 8/2/15 Council Meeting 29/2/15

Assessment Officer: Sam Robins

SITE DETAILS

Subject Land 14 Chipp Pl LLOYD NSW 2650

Lot 531 DP 1196872

Owner NJ Condron & BG Lloyd

Owner’s Consent Provided 22/12/15

Location The subject site is located at the south eastern corner of Chipp Place

STATUTORY CLASSIFICATION Pursuant to Part 4 (Division 1)

Environmental Planning Instrument Wagga Wagga Local Environmental Plan 2010

Zoning Under the Wagga Wagga Local Environmental Plan, 2010 - R1 General Residential

Land Use Definition Dwelling and Garage

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Statement of Permissibility Permissible with consent

REPORT

DESCRIPTION OF DEVELOPMENT This application is for the construction of a single storey 4 bedroom detached dwelling with attached double garage. The dwelling will be of brick veneer construction with colourbond roofing.

THE SITE & LOCALITY The site, being Lot 531 DP 1196872, 14 Chipp Place, Lloyd is located on the southern side of the head of Chipp Place Cul-de-Sac.

The site measures 640.4m² and is currently vacant land. The lot is flat and void of

vegetation.

The locality is a greenfield development area with construction taking place throughout the subdivision. The site already has completed units on the eastern side. The lot to the west is currently vacant with no approvals granted on it at the time of assessment. The land to the rear is zoned RU1 - Primary Production.

A site visit was undertaken on 8/1/16 by the assessing officer

SUMMARY OF MAIN ISSUES Impact on character of the area Impact on the amenity of adjoining neighbours Urban salinity controls Compliance with Councils Development Control Plan 2010

MATTERS FOR CONSIDERATION PURSUANT TO SECTION 79C(1) For the purpose of determining this development application, the following matters that are of relevance to the development have been taken into consideration pursuant to the provisions of Section 79C(1) of the Environmental Planning and Assessment Act, 1979.

(a)(i) - The provisions of any environmental planning instrument (EPI) Local Environmental Plan Wagga Wagga Local Environmental Plan 2010 (LEP 2010) The following provisions of the LEP 2010 apply: Land Use Table

Under the LEP the site is zoned R1 - General Residential

The objectives of the zone that would be considered relevant are;

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

To enable other land uses that provide facilities or services to meet the day to day needs of the residents.

To ensure co-ordinated and cost effective provision of physical, social and cultural infrastructure in new residential areas.

Under the LEP 2010 the proposal would be considered a dwelling.

Under Section 3 - Dwellings are permitted with consent, by making this application for

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consent, the proposed use can be considered under the relevant provisions of this section. The LEP 2010 provisions do not prohibit dwellings in this zone and the development is seen to be consistent with the objectives of the zone.

Part 6 Urban Release Areas

6.2 - Public utility infrastructure

(1) Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

Recommended conditions of consent will ensure that adequate services are provided to the development. Given the site is located within an urban release area it is not considered to be an issue to service the lot.

6.3 - Development control plan

1) The objective of this clause is to ensure that development on land in an urban release

area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

A development control plan for the area has been created. The creation of this DCP satisfies this clause.

Part 7 - Additional Local Provisions

7.6 -Groundwater Vulnerability

As the application site falls within this zone as identified on the Water Resource Map, the proposal would be subject to assessment under this clause.

The development is required to satisfy the pervious to impervious ratio of 80:20 as per the Lloyd guidelines. Stormwater will be drained and piped directly to council infrastructure, reducing onsite groundwater recharge. Negative impacts on groundwater are thereby averted with the high proportion of impervious site area being contained and drained to Council’s stormwater. The risk of the development impacting on ground water is considered to be low. The design of the development and the accompanying conditions of consent to be applied by Council are deemed to satisfy the objectives of this clause.

State Environmental Planning Policies State Environmental Planning Policy No. 55 Clause 7 of SEPP 55 requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land. Should the land be contaminated, Council must be satisfied that the land is suitable in a contaminated state for the proposed use. There is no indication that the site has previously been occupied by any use that could have led to contamination of the site. Furthermore the land is not identified on Councils register of contaminated sites. Accordingly it is not considered necessary to request any investigation reports on the subject site. (a)(ii) - The provisions of any draft environmental planning instrument Draft local environmental plans N/A Draft state environmental planning instruments N/A (a)(iii) - Any development control plan Wagga Wagga Development Control Plan 2010

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The relevant controls of the DCP have been addressed below. 1.11 Complying with the Development Control Plan 2010

The controls in the DCP support the Guiding Principles of the Plan and principles and objectives within the various sections. Except as varied elsewhere in this Plan, all Development Applications, Section 96 Applications and Section 82A Applications should aim to satisfy all stated objectives and controls.

Whilst all developments should aim to satisfy all controls within the DCP, it is acknowledged that there may be circumstances where it may not be possible to achieve strict compliance.

Council may consent to an application which departs from any control, whether a “numeric” or non-numeric control. In such cases, a written submission must be lodged with the Development Application.

Where an application involves the variation of one or more controls within the DCP Council staff have delegation to approve variations but limited to the following circumstances;

Where any numeric control is not being varied by greater than 10% The application proposes a variation to C1 of Section 9.3.6 - Front Setbacks of the DCP by greater than 10% therefore Council staff do not have delegation to approve such an application and it has therefore been referred to Council. The applicant has submitted written justification for the variation and Council may consent to the proposal if deemed acceptable. The issues surrounding the variation have been discussed throughout this report, particular attention is drawn to Section 9.3.6 of the DCP. The relevant controls of the DCP have been addressed below. 2.1 Vehicle access and movements The relevant controls for this section are as follows:

C5 Access driveways are to be located in accordance with the relevant Australian Standard at the time of lodgement of an application.

C6 Ensure adequate sight lines for proposed driveways

The driveway is located off Chipp Place, conditions of consent will ensure it is constructed to Council and Australian Standards. The site lines raise no issue. Single dwellings are not required to provide room for vehicles to enter and exit in a forward direction.

2.2 Off-street parking The following control is relevant to this development:

C1 Parking is to be provided in accordance with the table below.

The development would be subject to the following controls:

1 spaces/3 bedroom house or larger.

The development provides a double garage for the dwelling. The proposal would comply with this provision.

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The proposal complies with all other controls in this section. 2.3 Landscaping Not required for single dwellings. However it is important within Lloyd that landscaping meets the required 80/20 provisions. The applicant has lodged a plan that addresses this issue to Councils satisfaction. Furthermore conditions of consent will ensure the landscaping meets the required standard for this area.

2.5 Safety and security The objectives and controls of this section that are relevant for this development are as follows:

Objectives

O3 Maximise opportunities for natural surveillance of public spaces and building or site entrances.

Controls

C1 Use good site planning to clearly define public, semi-public and private areas.

C2 Entries are to be clearly visible and identifiable from the street, and are to give the resident/occupier a sense of personal address and shelter. For non-residential uses, administration offices or showroom are to be located at the front of the building.

C3 Minimise blank walls along street frontages.

C4 Avoid areas of potential concealment and ‘blind’ corners.

C5 Provide lighting to external entry areas, driveways and car parks in accordance with the relevant Australian Standards. The lighting is to be designed and sited to minimise spill and potential nuisance to adjoining properties.

C6 Planting and fencing is not to reduce the safety of users or compromise areas of natural surveillance.

The design of the dwelling raises no safety or security concerns. The proposal is considered generally compliant with the controls and would meet the relevant objective of this section of the DCP.

2.6 Erosion and Sediment Control Principles The site is unlikely to raise any sediment and erosion issues. Conditions of consent will ensure that appropriate control measures are put in place during any construction. The applicant has proposed retaining walls and batters and it is important to consider the impact of these during construction. The applicant has lodged a stormwater plan that addresses these concerns and given the fall to the street it is unlikely that issues will be raised on any adjoining properties. Section 5 Natural Resource and Landscape Management 5.4 Environmentally sensitive land The relevant controls of this section are as follows: Environmentally sensitive land - groundwater

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C12 An application for development consent on land identified as a “Sensitive area” on the Natural Resources Sensitivity Map - Water, for development specified in Clause 7.6 (4) of the LEP, shall be accompanied by a report or documentation that:

(a) addresses potential impacts upon: i) existing groundwater sources, and ii) future extraction from groundwater sources for domestic and stock water supplies.

(b) demonstrates that the development is designed to prevent adverse environmental impacts, including exacerbation of salinity and the risk of contamination of groundwater sources from on-site storage or disposal facilities.

As mentioned under part 7 of the LEP the land is zoned residential and surrounded by existing dwellings. Detailed assessment of the impacts on groundwater and sensitive land were assessed prior to the release of the land for residential purpose and during the application for the subdivision of this land into residential lots. The result being that any remaining issues for individual developments such as this could and would be controlled via compliance with controls in the Wagga Wagga Development Control Plan 2010. As mentioned, the assessment throughout this report has concluded that the proposal meets the relevant controls of the DCP and with compliance with conditions of consent will ensure the impacts on both the groundwater and sensitive land is considered acceptable. Section 9 Residential Development 9.2.1 Site layout Lots with a northern road frontage pose significantly more problems than any other layout as the solar access is to the front of the lot. This lot also has to contend with a curved narrow frontage and awkward north eastern boundary caused by the cul-de-sac head and providing reasonable access to the neighbouring property to the east. As discussed throughout this report the design does not comply with a number of controls however the design has achieved good northern eastern exposure to the main living and private open space areas and good cross ventilation. This has come at the expense of compliance with other controls discussed below. The site layout would be considered compliant with the controls of this section of the DCP.

9.2.2 Streetscape The following controls apply: C1 Provide a street address and front elevation that is consistent with the predominant

scale, rhythm and form of the street. The lot is situated within the head of a cul-de-sac, the neighbouring lot to the west is vacant and the lot to the east has three units located on it that have been set well back from the street with no address to the cul-de-sac. As you enter Chipp Place from the western end the setback is consistent along the southern side of the road, however there is a two storey dwelling amongst the single storey detached dwellings. Cul-de-Sac’s often have a variety of setbacks and street addresses due to the curve created by the cul-de-sac head and the narrow frontages to the lots. This cul-de-sac is no different. Whilst the predominant scale, rhythm and form is consistent along the southern side of the straight section of Chipp Place it varies as you enter the cul-de-sac head. The proposal includes all the consistent elements of new dwellings in a urban release area, being a double garage, porch and main wall of the dwelling containing habitable windows, however the setback

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has been proposed to be reduced and the garage proposed forward of the main wall of the dwelling. Both these issues have been discussed in detail throughout this report.

Given the cul-de-sac head has no predominant scale, rhythm and form the proposal would not be considered out of character or detrimental to the streetscape. Given the assessment below the proposal is considered acceptable.

C2 Front fence height forward of the building line is not to exceed 1200mm. However, a

side boundary fence forward of the building line may be permitted to taper from the maximum permitted height (1.8 metres) at the building line down to the 1200mm maximum permitted height at the front boundary.

The applicant has not proposed fencing and therefore it would be required to meet the exempt provisions.

C3 Fence height at and behind the building line is not to exceed 1800mm in height. As above.

C4 The majority of windows in dwelling wall which face the street should be windows of

habitable rooms The proposal would comply with this control with a large lounge roo window facing the street. 9.2.4 Sloping sites The slope of the site does not require a specific design. 9.3.1 Land area per dwelling Within the R1 zone for dwellings the minimum land area per dwelling is 400m². As the proposed site measures 640.4m² it would comply with this control.

9.3.2 Site cover Within the R1 zone and for dwelling houses on lots of this size the maximum site cover is 50%. The site cover proposed including garages, pergolas and porches would be 300.3 (46.8%) therefore complaint with this control.

9.3.4 Solar access The relevant controls of this section that apply are as follows:

C1. Locate garages, laundries and bathrooms to provide insulation from western sun.

The dwelling does not comply with this control. Given the orientation of the lot compliance would require the garage, laundries and bathrooms to be located at the side of the dwelling, obviously this is not possible. Therefore a variation is acceptable. The garage has been well located on the western elevation to address this control with the family toilet also on the western elevation.

C2. Locate living areas and private open space to ensure orientation to the north and north east where possible.

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The proposal includes two living areas and a large outdoor entertaining area. The orientation of the lot makes it difficult to provide north facing living areas that also have direct access to north facing private open space and also comply with C3 below. The design has provided the second living area to the front of the dwelling to maximise the northern aspect whilst the main living area is towards the middle of the dwelling and provides direct access to the private outdoor living area which has good eastern exposure. The design has made a good attempt to appropriately locate the living areas and private open space.

C3. For single dwellings, dual occupancies, secondary dwellings & shop top housing the windows to the main internal living area and at least half the private open space are to receive a minimum 3 hours direct sunlight between 9am and 3pm in mid-winter (June 22).

The north facing lounge room would easily receive the required direct sunlight and the private open space has enough eastern exposure to address this control.

C5 For any adjacent dwellings that have north facing living areas, maintain 3 hours

sunlight access to the windows of the living areas between 9am and 3pm in mid-winter (June 22).

As discussed above the lot to the west is vacant and therefore the proposal has no impact on the solar access of this lot. The lot to the east has three units located on it, the closest being approximately 8m from the proposed dwelling and with no north facing windows that would be impacted by this proposal. The land to the rear is zoned RU1 - Primary Production and has no dwelling located on it. C6 Proposed development design should take into account the location of any adjacent

private open space and avoid overshadowing of that space As above, no issues are raised. 9.3.5 Private open space The dwelling easily meets this control

9.3.6 Front setbacks Objectives O1 Encourage uniform building lines that correspond to the built

setbacks and patterns of neighbouring buildings. O2 Encourage attractive residential streets and quality public domain. O3 Ensure that new developments complement the established built

patterns. O4 Maintain lines of sight for vehicle safety Controls C1 Minimum front setbacks for residential development Primary street frontage (other roads) 6m

Secondary frontage (corner lot) 3m

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The primary street frontage is 5.6m to the garage with the front porch set at 4.9m. This is a proposed variation from the numerical control of greater than 10% and therefore as per section 1.11 of the DCP has to be determined by Council. See C5 below for assessment of this variation.

C4 The front elevation of a dwelling as visible from a public road shall include at least

one change in plane of the dwelling wall (that encloses a habitable room) of a minimum of 500mm. The front of the garage shall not protrude in front of the face of the forward most wall of the dwelling enclosing a habitable room. In all instances, the garage shall not encroach on the front setback identified under C1.The forward most part of a building/dwelling wall shall not project forward of the building line. Refer to diagrams opposite.

The front elevation contains a change in plane of a minimum of 500mm, however the garage has been proposed forward of the forward most wall of the dwelling enclosing a habitable room and does encroach on the setback identified under C1 above, albeit by 400mm and within the 10% variation permitted under delegation if considered appropriate and justified. The proposal therefore does not comply with this control. The justification for the garage being forward of the main wall of the dwelling relates to the proposed variation to the setback controls and therefore has been considered below under C5. C5 Variations to the minimum setback can be considered on corner sites where the

primary street frontage is not the widest street or in accordance with established street character.

As stated, the applicant seeks a variation to the front setback and to the garage being forward of the main building line. Below is a summary of the applicant’s justification for these variations:

The shape of the block makes a residential design difficult to work with a narrow curved frontage

The design achieves the controls of having a north facing living area, east facing entertainment area, garage on the western elevation and vehicle access being square to the kerb. This can only be achieved with the proposed variation.

The proposed residence frontage also sits approximately 2.5 to 3m further back from the building alignment of lot 530 and the rest of the street which in turn does not make our garage a dominant feature when driving down the street due to our frontage being recessed back further than the streets existing residences.

Lot 532 side boundary encroaches past our front building alignment at an angle which leaves us with the only option to put the garage on the western boundary.

Lots 533, 534 and 535 within the same cul-de-sac will also be placed in similar design predicaments

Proposal is on the grounds of the block being a square shape rather than traditional rectangular shape and having a very narrow curved frontage.

The adjoining neighbours side boundary fence and services on the eastern side are causing a vehicle access restriction on the eastern boundary (also the driveway would not be square to the kerb).

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The design can only have the garage on the western side to allow for safe vehicular access.

The owners would like to access year yard so design must allow access around the side of the house and not by drive through garage which would put the outdoor living area on the western elevation.

The applicant has also included two alternative designs that were considered in the application to indicate that options were considered. Council staff consider the variation to the front setback to be acceptable given the location of the site at the head of the cul-de-sac resulting in a variety of setbacks on immediately adjoining lots and no uniform building line. Although vacant, the neighbouring lot to the west will have a building located on it at some point that is likely to be forward of this dwelling therefore negating the impact of the reduced setback. The garage is still set far enough back to allow for a vehicle to pull onto private property and not impact on the public domain. The reduced setback does not compromise objectives 1 and 3 above and is therefore supported. The garage forward of the main building line raises some concern and needs to be carefully considered. The justification put forward that ‘the owners would like to be able to access their rear yard so the design must allow access around the side of the house’ is not acceptable justification as it is not a planning consideration. It is accepted that the most appropriate location for the garage is on the western side of the lot and whilst the second living area could be extended north to comply with this control this should not simply be insisted upon if the proposed design is acceptable. The relevant objectives would be as follows:

O2 Encourage attractive residential streets and quality public domain. O3 Ensure that new developments complement the established built

patterns. The location at the head of the cul-de-sac is critical to supporting this variation. The garage, whilst visually dominant if you stand directly in front of the property is actually well hidden within the context of the street given its setback behind neighbouring properties. The quality of the street as a whole is not diminished by this development and given the variety of setbacks and designs that currently exist and will be the end result in the cul-de-sac head, it would be hard to argue that this proposal does not complement the established built pattern. Whilst not critical to the argument it should be noted that there is no through traffic so only residents or visitor will drive to this section of the cul-de-sac and the porch has been located forward of the garage to provide a feature and articulation. On balance it would be considered acceptable. 9.3.7 Side and Rear Setbacks The side setbacks raise no concern with 1.4m between the side elevation with the lot to the west and 6m to the boundary with the property to the east. These distances and common throughout release areas and raise no issues for single storey dwellings on relative flat blocks such as this. The rear setback is only 1.5m which is small, however the lot backs onto rural land as opposed to residential and therefore the impacts are negligible and acceptable. 9.4.1 Building elements The relevant controls of this section are as follows;

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C1 Use verandahs or pergolas to link internal and external living areas C2 Porches are to be integrated into the building design, and are to be used to create a

sheltered and clearly visible entry. C3 Locate ancillary components such as aerials, satellite dishes, air conditioning units

and the like so they are not visible from the street. The building has been designed to incorporate the majority of the abovementioned design elements. No issues are raised under this section of the DCP. 9.4.2 Materials and finishes The materials and finishes would not raise any issues. 9.4.3 Privacy Visual and acoustic privacy are important for good residential amenity. The single story nature of the development on a block that is mainly flat with blocks of a similar slope adjoining means that the issue of privacy will be both minimal and acceptable.

9.4.4 Garages, carports, sheds and driveways The garage is less than 50% of the width of the elevation, less than 2.4m high and no wider than 6m. The garage therefore complies with this section of the DCP. 9.4.5 Site facilities The design of the building raises no issues with site facilities, conditions of consent will ensure all requirements are met. 9.4.6 Changing landform - Cut and Fill The site will require minimal cut and fill. No retaining walls have been proposed and the works raise no issues under this section of the DCP. Section 15 - Lloyd Urban Release Area 15.1 Where this section applies The subject site is located within the subdivision area in Lloyd. 15.2. Topography and landscape character This section is only applicable to subdivision applications. 15.3. Infrastructure Planning 15.3.1 Servicing This section is only applicable to subdivision applications. 15.3.2 Stormwater and Drainage This section is only applicable to subdivision applications. 15.4. Land release and subdivision staging This section is only applicable to subdivision applications. 15.5. Environmental Conservation, Biodiversity and Natural Resource Management 15.5.1 Environmental Conservation and Natural Resource management

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C1 All development requiring development consent is to be in accordance with the Lloyd Urban Release Area Conservation Management Plan.

C2 All construction and management activities are to be in accordance with the Lloyd Urban Release Area Conservation Management Plan recommendations.

The Lloyd Urban Release Area Conservation Management Plan relates to the protection of the White Box Woodland in the E2 zone. The subject site is zoned residential and void of vegetation. The proposal will raise no issues with regards to these controls. C4 In addition to complying with the requirements of the Companion Animals Act 1998,

owners of domestic cats resident in the Lloyd Urban release area to manage their cats so that they are not to roam freely outdoors between the hours of 6pm and 6am. In this regard Council will, as a condition of development consent, require the imposition of an section 88B restriction on all residential subdivisions within the Lloyd Urban Release Area.

It is recommended that this matter is covered by a standard condition of consent. 15.5.2 Salinity management C2 Development on land zoned R1 General Residential within the Lloyd Urban

Release Area shall conform to 20:80 pervious to impervious ratio. The proposed pervious surface area is under the maximum 159 square metres permitted for this lot. The proposal therefore complies with this control. C5 All impervious areas on individual house lots must be drained into the internal

stormwater system and directed to the piped stormwater system. Drainage from the impervious areas will be directed to the piped stormwater system as detailed in the submitted plans and via conditions of consent. C11 Built features must be drained to stormwater rather than to lawn or other pervious

areas. See above. C12 All planned and future impervious areas included in the 80:20 ratio (impervious :

pervious) are to be drained to stormwater. See above. C17 Gardens calculated towards impervious surface in the release area must have an

impervious liner and be drained to Council‟s storm water system.

This will be controlled via recommended conditions of consent. C18 Residential development within the release area must feature predominantly native

or „water wise‟ gardens to help reduce urban recharge significantly OR the use of rock style gardens utilising low water use plant varieties as an alternative „water wise‟ option where the garden is calculated towards pervious surface.

It is recommended that this matter is covered by a standard condition of consent. C19 Rock gardens and similar decorative gardens are to have impervious liners drained

to the storm water system. It is recommended that this matter is covered by a standard condition of consent.

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C20 All gardens and landscaping should be constructed and maintained using the landscaping and garden design guidelines available from the Council and approved for the Lloyd release area. The guidelines demonstrate how the 80:20 rule can be maintained for the minimising of infiltration of water to the groundwater table.

It is recommended that this matter is covered by a standard condition of consent. C21 Fixed irrigation systems between the front property boundary and the road reserve

are not permitted. This area is to be impervious and will not require watering. It is recommended that this matter is covered by a standard condition of consent. C22 Grey water reuse systems are not appropriate within the Lloyd urban release area. It is recommended that this matter is covered by a standard condition of consent. 15.6 Bushfire Management in Lloyd The subject site is not considered bushfire prone. 15.7 Acoustic Environment C1 Dwellings must be set back at least 60m from the centre line of the Great Southern

Railway line, and must be set back at least 40m from the centre line of Red Hill Road, as shown by the Open Space plan in Appendix 3.

The proposal would easily comply with this clause. 15.8 Aboriginal and cultural heritage The appropriate consultation and management was undertaken during the approval of each of the subdivisions. No further assessment is required. 15.9 Wiradjuri Walking Track The proposal has no impact on the walking track. 15.10 Residential development C1 Site cover on all land zoned R1 is to achieve a minimum impermeable to permeable

material ratio of 80:20, based on the various controls in this section. This control is satisfied; see earlier in this report. (a)(iiia) - any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and No planning agreement has been entered into under section 93F. (a)(iv) - any matters prescribed by the regulations Matters prescribed by the Environmental Planning and Assessment Regulation 2000 have been satisfied (b) - The likely impacts of the development Context and setting The proposed single dwelling development is located on an appropriately zoned and sized lot. The design of the dwelling and its impact on the context and setting has been discussed earlier in this report. Whilst non-compliant with a number of controls the design would not be detrimental to the context and setting of the area to a degree that would result in refusing the proposal.

The proposal would not have adverse impact on the streetscape and would be appropriate in this context and setting.

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Access, transport and traffic As mentioned above the access to the dwelling would be considered appropriate and raise no concerns.

The additional traffic would not be considered an issue within a residential area that has infrastructure that meets Council’s requirements.

Noise and vibration

Minimal impact during construction and will be controlled by conditions of any consent granted.

Natural Hazards The site is not flood prone or bush fire prone. Waste Conditions of consent will ensure that the site is kept in an appropriate state during demolition and construction. Services/Utilities As the subject development is located within a new subdivision, all power, water, sewer and telecommunications are available to the site. Flora and fauna The site is currently void of vegetation. The proposal will not involve the removal of any vegetation

Site Design and internal design The overall design is a good use of the space and allows for the dwelling to sit well in the site, with appropriate solar access for private open space areas with accessibility from living areas. The reduced front setback allows for the dwelling to best utilise the space without unreasonable impacts on streetscape. The location of the garage raises some concern but on balance is not considered to impact on streetscape to a degree that would warrant refusal of the proposal. The lot location in the head of the cul-de-sac is critical to this conclusion.

Overall the development would be considered acceptable on a merits based assessment for the site.

The Principles of Ecologically Sustainable Development The following are principles of ecological sustainability:

1 The precautionary principle

Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by:

(a) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and (b) an assessment of the risk-weighted consequences of various options.

The principle requires decision-making to give the environment the benefit of the doubt.

2 Intergenerational equity

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The present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations (that is, a partnership among all of the generations that may use or expect to benefit from the nation’s resources).

3 Conservation of biological diversity and ecological integrity

Conservation of biological diversity and ecological integrity should be a fundamental consideration.

4 Improved valuation, pricing and incentive mechanisms

Environmental factors should be included in the valuation of assets and services: (a) polluter pays (that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement), and (b) the users of goods and services should pay prices based on the full cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, and (c) environmental goals having been established should be pursued in the most cost-effective way by establishing incentive structures, including market mechanisms which enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

The proposed development would result in residential development in a residential zone. The impacts assessed above have concluded that the development would be acceptable with minimal impact on the environment.

(c) - The suitability of the site for the development Suitability of the site in terms of the likely impacts identified under (b) The site is currently zoned residential and is currently vacant but surrounded by residential developments or vacant residential lots. The site is considered suitable for a dwelling. Compliance with conditions of consent will overcome concerns making the site suitable in terms of the impacts identified under section b. (d) - any submissions made in accordance with this Act or the Regulations Referrals Internal only Notification and advertising In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the WWDCP the application was notified for a period of 7 days (extended due to Christmas Break) on the following dates 24/12/15 to 11/01/16 and referred surrounding tenancies. No submissions were received. Public Submissions and those from public authorities Nil (e) - the public interest Federal, state and local government interests and general community interests It is considered that this application will not have a detrimental affect on the public interest. Other Legislative Requirements Section 5A ("Seven Part Test" - Threatened Species) The following factors must be taken into account in making a determination under this section:

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(a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, (b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction, (c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality,

(e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly), (f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan, (g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process. The development is in a residential zone and not removing any vegetation; the development will have minimal impact and not impact on any threatened species in the vicinity. No further assessment is required under this section. Section 79B(3) As mentioned above there is unlikely to be significant impact and a species impact statement is not required. Therefore concurrence is not required from the Director General of National Parks and Wildlife. Council Policies N/A

Comments by Council's Officers Council's other relevant officers have reviewed the application in accordance with Council's processing procedures. Development Contributions Contributions were paid at subdivision stage for a single dwelling on this block, therefore no further contributions are required.

Other Approvals Section 68 Activity Approval Part B4 and B5.

Conclusion

The development is considered to be satisfactory based on the foregoing assessment. The proposal complies with the requirements of the Environmental Planning and Assessment

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Act 1979, the Building Code of Australia (Housing Provisions) and Councils Policies. No objections to the proposal were received.

RECOMMENDATION It is recommended that the Wagga Wagga City Council approve Development Application DA15/0751 for Dwelling, 14 Chipp Pl LLOYD NSW 2650 , Lot 531 DP 1196872 in accordance with the following conditions:-

CONDITIONS Approved Plans and Documentation

1. The development must be carried out in accordance with the approved plans and specifications as follows.

Plan/Doc

No.

Plan/Doc Title Prepared by Issue Date

151202

1 of 6

Basix detail Geoff Condron

Homes

- 22/12/15

151202

2 of 6

Proposed floor plan Geoff Condron

Homes

- 22/12/15

151202

3 of 6

Elevations Geoff Condron

Homes

- 22/12/15

151202

4 of 6

Elevations and

Sections

Geoff Condron

Homes

- 22/12/15

151202

5 of 6

Site Plan Geoff Condron

Homes

- 22/12/15

151202

5a of 6

Additional site plan

analysis

Geoff Condron

Homes

- 22/12/15

151202

5 of 6

Proposed Landscape

plan

Geoff Condron

Homes

- 22/12/15

693777S Basix Certificate Applicant - 17/12/15

- Statement of

Environmental Effects

Geoff Condron - 19/12/15

- Additional Written

Justification

Condron

Construction

- 5/12/15

The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below.

NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979.

REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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Prior to release of Construction Certificate

2. Prior to the issue of Construction Certificate the developer must lodge a bond with Council of:-

$1000.00 for security deposit on the kerb and gutter and footpath

Plus a non-refundable administration fee of $55.

NOTE 1: The applicant currently has an ONGOING security bond lodged with Council bond number BKG 0335. This ongoing bond will be attached to this development to act as a security deposit on the kerb and gutter and footpath. No further payment under this condition is required.

NOTE 2: All monetary conditions are reviewed annually, and may change on 1 July each year.

NOTE 3: Works in the form of driveways, kerb and gutter and footpath may require you to obtain a Section 138 Roads Act 1993 approval. Please contact Councils Road Reserve Officer on 1300 292 442 prior to undertaking such works.

NOTE 4: Council will accept a once off security deposit for the kerb and gutter and footpath for applicants who lodge multiple DA‘s with council. If the applicant has security deposits held by Council for kerb and gutter and footpath at the time of Construction Certificate application, then Council may waive the need for an additional bond to be paid.

NOTE 5: The bond held on the kerb and gutter and footpath is fully refundable upon completion of all works and upon inspection by Council to ensure that any damage to Council infrastructure has been repaired. The bond will not be refunded in the event that damage done to Council‘s infrastructure is not repaired to the satisfaction of Council. All damage is to be repaired at the full cost of the applicant

REASON: It is in the public interest that such fees are paid in accordance with Council’s Management Plan. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to Commencement of Works

3. Prior to works commencing on site, toilet facilities must 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 must be:

a) a standard flushing toilet connected to a public sewer, or

b) if that is not practicable, an accredited sewage management facility approved by Council, or

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c) if that is not practicable, any other sewage management facility approved by Council.

NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council.

NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site.

NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements.

REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

4. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing.

NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained.

NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application.

NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards.

REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

5. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre.

Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway.

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NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land.

NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development.

NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development.

REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

6. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:-

a) Development Control Plan 2010 (Section 2.6 and Appendix 2)

b) Erosion and Sediment Control Guidelines for Building Sites; and

c) Soils and Construction Volume 1, Managing Urban Stormwater

Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council.

NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing.

REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

7. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development:

a) in the case of work done by a licensee under the Act:

i) has been informed in writing of the licensee’s name and contractor license number, and

ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR

b) in the case of work to be done by any other person:

i) has been informed in writing of the person’s name and owner-builder permit number, or

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ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act,

and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b).

NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition.

REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

8. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

a) stating that unauthorised entry to the site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours

c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority.

Any sign must be removed when the work has been completed.

NOTE: This condition does not apply to:

a) building work carried out inside an existing building, or

b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out.

REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

9. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council.

REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act

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1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

During works

10. Vehicular access within the road reserve must be constructed to Council standards, at full cost to the developer, by a licensed Council approved contractor.

REASON: To ensure that the proposed access is constructed by an approved Council Contractor. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

11. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2.

COLUMN 1 COLUMN 2

Site Inspection When all earthworks (cut and fill) approved

under this consent are completed

(excluding earthworks that are exempt

development) and prior to any footings

being excavated on the subject site. The

applicant shall contact Council to arrange

for this inspection.

Footings When the footings have been excavated

and all steel reinforcement has been placed

in position.

Slab When reinforcement steel has been placed

in position in any concrete slab, whether or

not the slab is suspended, on the ground,

or on fill.

Wall frame When the frame has been erected and prior

to sheeting and or brick veneer outer wall

has been constructed and tied to the frame.

Roof frame When external roof covering has been

installed and prior to the installation of the

ceiling lining and eaves soffit lining.

Wet areas When waterproofing has been applied to all

wet areas, prior to tiling or finishing of

surface.

Drainage When the stormwater and roof water

drainage system has been completed.

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Final Required prior to occupation of the building

NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection.

NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended.

NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection.

REASON: It is in the public interest that critical stage inspections be issued for these components of the development in accordance with Section 162A of the Environmental Planning and Assessment Regulations 2000 as amended.

12. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate.

REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

13. All excavation and backfilling associated with the erection/demolition of the building must be properly guarded and protected to prevent them from being dangerous to life or property.

Excavations must be undertaken in accordance with the terms and conditions of Section 9.4.6 of the Wagga Wagga Development Control Plan 2010.

REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

14. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect.

REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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15. The concrete slab floor shall be treated against termites in accordance with AS 3660-1 2000 Termite Management:

a) NON CHEMICAL - where a non chemical treatment (physical barriers) is to be used the applicant shall submit details to Council prior to any work commencing.

b) CHEMICAL RETICULATION - where a chemical method of treatment is to be used by way of reticulation, details shall be provided to Council for approval prior to installation accompanied by a signed maintenance contract with a Pest Control Operator.

Applicants and owners are to ensure that an annual inspection is undertaken to determine need for treatment.

c) CHEMICAL TREATMENT - where a chemical method of treatment is to be used by way of hand spray treatment before laying the slab, details shall be provided to the Council for approval prior to installation.

Warning - Applicants and owners are warned that the expected life of the under floor barrier (Chemical Treatment) is only ten (10) years and the external barrier (Chemical Treatment) is only five (5) years. The actual protection will depend on factors such as termite hazards, climate and soil conditions.

Council recommends in all cases of chemical treatment including reticulation that regular annual inspection be carried out by a licensed Pest Control Operator to determine the need for re-treatment.

d) Upon installation of the method of treatment, a Certificate shall be issued to Council by the licensed installer of the system certifying that the system installed is in accordance with AS 3660-1 and in accordance with any specific requirements of the Council.

e) A durable notice must be permanently fixed to the building in the electricity meter box indicating:

i) The method of protection

ii) The date of installation of the system

iii) Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label.

iv) The need to maintain and inspect the system on a regular basis.

REASON: It is in the public interest that where appropriate termite management treatments are used in compliance with AS 3660.1.2000 Termite Management New Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

16. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or

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construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines.

REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

17. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.

COLUMN 1 COLUMN 2

Internal Sewer

Drainage

When all internal plumbing and drainage

work is installed and prior to

concealment.

External Sewer

Drainage

When all external plumbing and drainage


concealment.

Stormwater Drainage When all external stormwater drainage


concealment.

Final Prior to occupation of the building or

structure.

REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia.

18. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made).

REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Occupation Certificate / Prior to Operation

19. Prior to issue of an occupation certificate the building number must be displayed in a position clearly visible from the street in letters having a height of not less than 75 mm (3 inches). The number must be visible against the background on which it is placed.

REASON: It is in the public interest that the building/property be easily identifiable. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

20. All retaining walls shown on the approved plans shall be completed prior to the issue of a Final Occupation Certificate.

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REASON: It is in the public interest to ensure that all required and approved works are completed prior to occupation of the development. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

21. The impervious area of the lot that is included in the 80% impervious ratio, shall be made impervious through compaction of the gravel sub-surface, if not through the use of a concrete slab. A compaction report shall be provided to Council prior to the issue of an occupation certificate demonstrating the area has permeability no greater than 1 x 10-7 m/s.

REASON: To reduce infiltration in accordance with the 20:80 plan for the Lloyd Urban Release Area. Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.

22. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building.

In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection.

NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with.

REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

23. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements.

All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011.

NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s.

REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

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24. Prior to the issue of an Occupation Certificate a Water Plumbing Certificate from Riverina Water County Council shall be submitted to Council.

NOTE 1: The applicant is to obtain a Plumbing Permit from Riverina Water County Council before any water supply/plumbing works commence and a Compliance Certificate upon completion of the works. Contact Riverina Water County Council’s Plumbing Inspector on 6922 0618. Please be prepared to quote your Construction Certificate number.

REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

25. The commitments listed in any relevant BASIX Certificate for this development must be fulfilled in accordance with the BASIX Certificate Report, Development Consent and the approved plans and specifications.

REASON: To ensure the development complies with the requirements imposed under Clause 97A of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.

General

26. All gardens and landscaping are to be constructed and maintained in accordance with the landscaping and garden design guidelines approved as part of the development consent for this allotment.

NOTE: A ‘restriction as to user’ pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction.

REASON: To minimise the impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended.

27. Any cat (Felis catus) living on this allotment and under the ownership or control of a resident of this allotment shall be controlled in such a way so as to prevent them to roam freely outdoors between sunset and sunrise.


REASON: To minimise the impacts of cats introduced by new residents on wildlife and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended.

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28. At all times all impervious areas included in the 20:80 ratio as approved in the development consent for this allotment, shall be drained to the piped stormwater drainage system. This requirement extends to but is not limited to, garden sheds, courtyards, patios and paved areas.


29. The residential allotment must be developed and maintained at all times after an Occupation Certificate is issued for all development on the land so that a pervious to impervious ratio for surface area treatments of 20:80 is maintained. The land area to be included in calculating the 20:80 ratio shall include the entire allotment and the area of the road reserve immediately adjacent to the allotment. The area of road reserve adjacent to the allotment to be included shall be measured as follows:

The area of road reserve between a line drawn as a continuation of the side boundaries of the allotment (where they meet the front boundary) to the centreline of the road (being a line along the centre of the road equidistant from the front boundaries of the allotments adjacent to it). No area of road reserve shall be apportioned to more than one allotment for the purposes of this calculation. For corner allotments the road reserve to be included in calculations will extend around the corner.

For the purposes of this condition, allotments that are further subdivided under a community title or strata subdivision arrangement, shall be calculated on the underlying Torrens Title allotment.

The plans approved in the subdivision consent for this allotment that illustrate the land area calculation above are adopted for the purpose of interpreting this condition. Land area calculations for the purpose of this condition shall be in accordance with these plans.



30. The owner or occupier shall not alter the existing impervious nature or the finished surface of the road reserve immediately adjacent to their allotment from their property boundary to the kerb of the road (being that area defined by the lateral extent of a line drawn as a continuation of the side boundaries of the allotment where they meet the front boundary) unless it is done in accordance with the standards set out in the ‘Road Reserve Treatment Standard’ and the approved Street Tree Masterplan. There shall be

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compliance at all times on all future owners with Council’s Policy 008 “Road Reserve Policy”, as amended from time to time, including acknowledgement and responsibility for the liability implications of using an approved finish on Council’s road reserve. All establishment and maintenance works of any alterations shall be at the cost of the land owner.


REASON: To minimise to impacts of the development on salinity and to ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as amended.

31. The Road Reserve shall be maintained in accordance with the ‘Road Reserve Treatment Standard’ document approved as part of the subdivision consent for this allotment.


32. No fixed irrigation systems are to be installed between the building line and the road alignment.



33. No grey water reuse system shall be installed on any dwelling erected in this subdivision.



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34. The dwelling shall have a minimum 5000L rainwater tank and all dwellings in dual occupancy or multi-dwelling developments constructed shall have a minimum 2000L rainwater tank to collect and detain roofwater. All excess rainwater shall be disposed of via Council‘s stormwater system. The rainwater tank shall be connected to a minimum of one toilet and the cold water tap of clothes washer in the laundry.

NOTE: A “restriction as to user” pursuant to Sections 88B and 88E of the Conveyancing Act 1919, with Council listed as the authority empowered to uplift, is attached to every residential allotment in the Lloyd Urban Release Area including this restriction.


35. All Developments within the Lloyd Master Plan Area shall comply with the requirements of the Wagga Wagga Development Control Plan Section 15 -Lloyd Urban Release Area 2010.

REASON: To ensure that the development occurs in accordance with Wagga Wagga Development Control Plan 2010. Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended.

36. (1) For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, it is a prescribed condition of the development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

REASON: To ensure the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.

Activity Approval Conditions (Section 68)

37. The plumbing work/s listed must be inspected as indicated below in accordance with AS/NZS 3500 and Plumbing Code of Australia.

COLUMN 1 COLUMN 2

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Internal House Drainage When all internal plumbing


concealment.

External House Drainage When all external plumbing


concealment.

Stormwater Drainage When all external stormwater

drainage work is installed and

prior to concealment.

Final Prior to occupation of the

building.

REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia.

38. At all times all impervious areas included in the 20:80 ratio as approved in the development consent for this allotment, shall be drained to the piped stormwater drainage system. This requirement extends to but is not limited to, garden sheds, courtyards, patios and paved areas.

REASON: Due to the environmental sensitivity of the Lloyd urban release area. It is in the public interest to ensure that plumbing and drainage works are carried out in accordance with AS 3500 and the relevant provisions of the Plumbing Code of Australia.

39. Sewerage and stormwater drainage work must comply with AS3500 and the Plumbing Code of Australia except where otherwise provided in the Local Government Act 1993 or the Local Government (General) Regulation 2005. In this regard, it may be necessary for you to contact a Licensed Plumber and Drainer.

A copy of the document entitled - Contractor’s Copy shall be provided to the nominated plumbing contractor prior to the commencement of works.

REASON: To ensure the activity approval complies with the requirements of Section 98 of the Local Government Act 1993 and Clause 16A of the Local Government (General) Regulation 2005.

40. Council requires a “Certificate of Compliance”, “Works as Executed Diagram” and “Notice of Works” to be submitted and approved by Council prior to the issue of a Final Plumbing Certificate. The Works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF File in accordance with Council/NSW Fair Trading requirements.

REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

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