Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

Councillors Information:

Vehicle Load Limits on Local Roads - Heavy Vehicle National Law – Memorandum from Director Development and Regulation dated 23 March 2015 in answer to a Question Without Notice raised by Councillor Cheryl Szatow at the Ordinary Meeting of Council held 24 February 2015.

64

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 10 March 2015

Minutes numbered 46 to 63

Resolved:

(Moved: Councillors Szatow/Pettett)

That Minutes numbered 46 to 63 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

65

140 Pentecost Avenue Turramurra - Petition objecting to a Proposed Development of a Seniors Living development - (One Hundred and Eighty-Three [183] Signatures)

File: DA0036/15

Vide: PT.1

The following Petition was presented by Councillor Duncan McDonald:

 “We the undersigned residents and ratepayers are petitioning Council against the proposed development at 140 Pentecost Avenue Turramurra to replace one existing house with 8 Seniors Dwelling including an 18 space underground car park.”

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

That the petition be received and referred to the appropriate Officer of Council for attention.

CARRIED UNANIMOUSLY

66

Investment Report as at 28 February 2015

File: S05273

Vide: GB.1

To present Council’s investment portfolio performance for February 2015.

Resolved:

(Moved: Councillors Szatow/McDonald)

A.       That the summary of investments and performance for February 2015 be received and noted.

B.       That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

CARRIED UNANIMOUSLY

67

2015 National General Assembly of Local Government - Call for Motions

File: S03788

Vide: GB.2

To consider motions for submission for the 2015 National General Assembly (NGA) of Local Government.

Resolved:

(Moved: Councillors Szatow/Pettett)

That Council does not submit any motions to the 2015 National General Assembly of Local Government.

CARRIED UNANIMOUSLY

68

Floodplain Management Association National Conference

File: S03939

Vide: GB.3

To advise Councillors of the Floodplain Management Association National Conference to be held in Brisbane between 19 – 22 May 2015.

Resolved:

(Moved: Councillors Szatow/Armstrong)

That any Councillors interested in attending the 2015 Floodplain Management Association National Conference advise the General Manager by Friday, 10 April 2015.

CARRIED UNANIMOUSLY

69

65 Roland Avenue Wahroonga - Torrens Title Subdivision into Two Lots

File: DA0005/14

Vide: GB.4

To determine Development Application No. DA0005/14 for the subdivision of one lot into two lots including tree removal and associated civil works.

Resolved:

(Moved: Councillors Szatow/McDonald)

THAT the Council, as the consent authority, grant development consent to DA0005/14 for a Torrens title subdivision of 1 lot into 2 lots on land at 65 Roland Avenue, Wahroonga, for a period of two [2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.      Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Reason:         To ensure that the development is in accordance with the determination.

Conditions to be satisfied prior to demolition, excavation or construction:

2.      Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.

Reason:         To ensure public safety

3.      WAE plans for stormwater management and disposal

Prior to issue of the Final Certificate of compliance, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Final Certificate. The survey must indicate:

·    as built (reduced) surface and invert levels for all drainage pits

·    gradients of drainage lines, materials and dimensions

·    as built (reduced) level(s) at the approved point of discharge to the public drainage system

·    as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

·    the achieved storage volumes of the installed retention and detention storages and derivative calculations

·    as built locations of all access pits and grates in the detention and retention system(s), including dimensions

·    the size of the orifice or control fitted to any on-site detention system

·    dimensions of the discharge control pit and access grates

·    the maximum depth of storage possible over the outlet control

·    top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason:         To protect the environment.

4.      Certification of drainage works

Prior to issue of the Final Certificate of compliance, the Principal Certifying Authority is to be satisfied that:

·    the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

·    the minimum on-site detention storage volume requirements and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

·    that the bioretention system has been constructed in accordance in accordance with the Water Sensitive Urban Design ‘Technical Design Guidelines’ http://www.wsud.org/

·    components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia

Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must be completed and attached to the certification.

Note:              Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of the Final Certificate.

Reason:         To protect the environment.

5.      Tree identification

Prior to works commencing the existing trees shall be numbered in accordance with the arborists report listed below and/or the approved plans.  Trees shall be clearly tagged with confirmation from the project arborist that all marked trees correspond with those shown on the approved plan.

Reason:         To protect existing trees during the construction phase.

6.       Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason:         Statutory requirement.

7.       Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason:         To preserve and enhance the natural environment.

8.       Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority.  The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason:         To preserve and enhance the natural environment.

9.       Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Reason:         To protect existing trees during the construction phase.

10.     Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.

Reason:       To protect existing trees during construction phase.

11.     Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction.  Each sign shall contain in a clearly legible form, the following information:

·    Tree protection zone/No access

·    This fence has been installed to prevent damage to the tree/s and their growing environment both above and below ground

·    The name, address, and telephone number of the developer/builder and project arborist

Reason:         To protect existing trees during the construction phase.

12.     Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material.  The trunk protection shall be maintained intact until the completion of all work on site. 

Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority

Reason:         To protect existing trees during the construction phase.

13.     Tree protection measures inspection

Upon installation of the required tree protection measures, an inspection of the site by the project arborist and/or the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.

Reason:         To protect existing trees during the construction phase.

Conditions to be satisfied prior to the issue of the construction certificate:

14.     Civil design drawings

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the following:

·    stormwater management and disposal system for the development. The plan(s) must be based on the approved drawings. The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

·    civil and structural details of the driveway access to the main body of each lot. The driveway design are to be prepared by a qualified civil/traffic engineer in accordance with AS2890.1:2004. Plans and cross and longitudinal sections are to be prepared at a recognised scale.

Reason:         To protect the environment and provide suitable vehicular access.

15.     Project ecologist

A Project Ecologist shall be commissioned prior to the release of the Construction Certificate to ensure all bushland/environmental protection measures are carried out in accordance with the conditions of consent.

The Project Ecologist shall have a minimum qualification of TAFE Certificate III in Bush Regeneration or Conservation and Land Management - Natural Area Restoration. He/she shall have at least 4 years experience in the management of native bushland in the Sydney region. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason:       To ensure the protection of existing biodiversity values of the site.

16.     Nest boxes

Prior to works commencing and/or tree removal works being undertaken six nest boxes comprising of 2 small mammal, 2 microbat & 2 medium mammal, shall be installed within the retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Reason:       To ensure protection of fauna species.

17.     Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate all trees for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason:         To ensure protection of fauna species.

18.     Project arborist

A project Arborist shall be commissioned prior to works commencing to ensure all tree protection measures are carried out in accordance with the conditions of consent.

The project arborist shall have a minimum AQF Level 5 qualification with a minimum of
5 years’ experience.  Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason:         To ensure the protection of existing trees

19.     Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved Stormwater Management Plans 29160-H1/A & H2/A dated 1/5/2014 prepared by Jack Hodgson Consultants P/L have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

The above engineering plan(s) shall be amended as follows:

That the overflow from the detention tank is to be directed to a bioretention system to improve the quality of stormwater flowing to the watercourse and natural environment. Design details of the bioretention system including plan and section is to be in accordance with the Water Sensitive Urban Design ‘Technical Design Guidelines’. Refer to http://www.wsud.org/

The above amendments are required to ensure compliance with Ku-ring-gai Council Water Management Development Control Plan 47.

Note:              An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.

Reason:         To ensure that the development is in accordance with the determination.

20.     Excavation for services

Prior to works commencing, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located within the canopy spread of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Alternatively if underground services must be located within the canopy spread of any protected tree/s the plan shall be endorsed by the project arborist outlining any tree protection measures required. A plan detailing the routes of these services and trees protected under Council’s Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason:         To ensure the protection of trees.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

21.     Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a)      All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b)      The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c)      The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d)      In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e)      In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason:          To maintain public infrastructure.

22.     Section 94 development contributions - other than identified centres

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.

The contributions specified above are as at the December 2014 quarter and are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010. Prior to payment, please contact Council directly to verify the current payable contributions.

Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x
1 = $20,000.

Reason:       To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.

Conditions to be satisfied during the demolition, excavation and construction phases:

23.     Road opening permit

The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.

Reason:       Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

24.     Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

·    The work must be carried out in accordance with the requirements of the Building Code of Australia

·    In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.

Reason:         Statutory requirement.

25.     Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note:              Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason:          To ensure reasonable standards of amenity for occupants of neighbouring properties.

26.     Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (i.e.) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note:              Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason:         To ensure reasonable standards of amenity for occupants of neighbouring properties.

27.     Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason:         To ensure compliance with the Australian Standards.

28.     Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

Reason:         To ensure reasonable standards of amenity to neighbouring properties.

29.     Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

·     be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

·     display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

·     be durable and weatherproof

·     display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

·     be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:         To ensure public safety and public information.

30.     Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

·    physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

·    earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

·    all materials shall be stored or stockpiled at the best locations

·    the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

·    all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

·    all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

·    gates shall be closed between vehicle movements and shall be fitted with shade cloth

·    cleaning of footpaths and roadways shall be carried out daily

Reason:         To protect the environment and amenity of surrounding properties.

31.     Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason:         To ensure public safety.

32.     Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason:         Statutory requirement.

33.     Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.  Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason:         To ensure safe public footways and roadways during construction.

34.     Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason:         Provision of utility services.

35.     Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason:         To protect the environment from erosion and sedimentation.

36.     Sydney Water Section 73 Compliance Certificate

The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Co-ordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

Reason:         Statutory requirement.

37.     Arborist monitoring and documentation

The tree/s to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required at the following times or phases of work including date, brief description of the works inspected, and any mitigation works prescribed. 

All monitoring shall be provided to the Principal Certifying Authority prior to release of the Subdivision Certificate.

·       All works as recommended by the project arborist are to be undertaken by an experienced arborist with a minimum AQF Level 3 qualification.  

Reason:         To ensure protection of existing trees.

38.     Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist with a minimum qualification of Horticulture Certificate or Tree Surgery Certificate.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect existing trees.

39.     Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees:

Reason:         To protect existing trees.

40.     Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.

Reason:         To ensure that the development is in accordance with the determination.

41.     No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason:         To protect existing trees.

42.     Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason:         To protect the environment.

43.     On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

·     Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

·     This information is to be made available at the request of an Authorised Officer of Council.

Reason:       To protect the environment.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

44.     Arborist report

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority is to be provided with a report by the project arborist, with a copy of the report issued to Council, detailing the monitoring of all tree protection measures listed in the conditions of consent.

The report shall include the times or phases of works carried out including date, brief description of the works inspected, and any mitigating measures prescribed. 

Reason:         To protect existing vegetation.

45.     OSD positive covenant

Prior issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on site. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

Reason:         To ensure maintenance of on-site stormwater detention facilities.

46.     Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason:         Statutory requirement.

47.     Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

Note:              Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason:         To ensure that services are available to the allotments of land.

48.     Infrastructure repair - subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason:         To protect public infrastructure.

49.     Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason:         Access to public utilities.

50.     Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and a Final Certificate of compliance has been issued by the Principal Certifying Authority.

Reason:         To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

51.     Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason:         To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

52.     Submission of plans of subdivision (Torrens title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a)       the endorsement fee current a the time of lodgement

b)       the 88B instrument plus 6 copies

c)       a copy of the Final Certificate of compliance

d)       all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e)       The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

f)        Proof of payment of S94 contribution

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees.  Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason:         Statutory requirement.

53.     General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.  Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason:         To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

54.     Asset protection zone - Section 88b instrument

Prior to the issue of the Subdivision Certificate, the Certifying Authority is to be provided with evidence of the creation of a restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the area for a distance of distance in metres, in width inside the location/boundary of the property/lot no for the purpose of an asset protection zone, the terms of which state that this area shall be maintained consistent with Rural Fire Service guidelines.

Reason:         Bush fire safety.

55.     Compliance with bush fire assessment, report and certificate

Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall be satisfied that all recommendations listed in the bush fire risk assessment and report below have been complied with:

Reason:         Statutory requirement.

Conditions to be satisfied at all times:

56.     Vegetation Management Plan (VMP)

The Vegetation Management Plan, prepared by Footprint Green, dated 14^th of March 2014, is endorsed in its entirety.

·   All weeding removal, weed techniques, environmental protection measures, planting works and ongoing maintenance works are to be carried out in accordance with the VMP.

·   All noxious and environmental weeds are to be removed from the within the site.

·   All vegetation works are to be conducted by a suitably qualified bush regenerator. The minimum qualifications minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel).  In addition the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR).

Reason:         To ensure the protection and enhancement of biodiversity and riparian lands within the site.

57.     Integrated referral conditions:

Rural Fire Service

Asset Protection Zone

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1.       At the issue of subdivision certificate and in perpetuity the asset protection zone shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones' as depicted on the plan prepared by Usher & Company numbered 4706-DET Issue 7 and dated 1-05-2014.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

2.       Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

3.       Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

Landscaping

4.       Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

Reason:         Rural Fire Service requirements.

CARRIED UNANIMOUSLY

70

Update Report on the Development Contributions System

File: S06785/3

Vide: GB.7

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system since the last report to Council in October 2014 and anticipated actions and highlights for the coming 12 months.

Resolved:

(Moved: Councillors Szatow/McDonald)

That the latest update report on the development contributions system in Ku-ring-gai be received and noted.

CARRIED UNANIMOUSLY

71

Gordon Hub - Authority to Liaise with Ausgrid - Electricity Substation located adjacent to Radford Place Gordon

File: S10376

Vide: GB.10

The purpose of the report is to provide for the on-going use/lease of the electricity substation owned by Ausgrid located in the car park at the rear of 818 Pacific Highway  Gordon and to seek formal approval to commence discussions with Ausgrid in advance of the process of preliminary planning for the Gordon Community and Cultural hub as this is likely to necessitate relocation of this asset to accommodate most design solutions.

Resolved:

(Moved: Councillors Szatow/Fornari-Orsmond)

A.    That Council authorise staff to liaise with Ausgrid to ensure that their requirements as currently provided for by the lease E479038 and associated easement on Lot 2 DP DP786550 known as 818 Pacific Highway, Gordon.

B.    That Council delegates authority to the General Manager to liaise with the Department of Planning to amend the Planning Proposal in respect of 818 Pacific Highway, Gordon under  Ku-ring-gai Local Environment Plan (Local Centres) 2012 to ensure the retention of Lease E479038 and the associated  access and easement rights on the subject site in its current form until such time as it is relocated and replaced with a subsequent lease or is surrendered.

CARRIED UNANIMOUSLY

72

Carcoola Park Concept Plan

File: S05624

Vide: GB.11

To seek Council’s endorsement of the concept design plan for the extension of Carcoola Park and to name the park “Lapwing Reserve”.

Resolved:

(Moved: Councillors Szatow/Berlioz)

A.   That Council endorses the final design concept plan for Carcoola Road Reserve, St Ives as the basis on which staff prepare construction documentation including plans, details, sections and specifications; and tender documentation.

B.   That Council endorses the proposed naming of the reserve as “Lapwing Reserve” and submission of an application to the Geographical Names Board for consideration.

CARRIED UNANIMOUSLY

73

Review and Improvements to Parking at Wahroonga Village Shops

File: S03125

Vide: NM.1

Notice of Motion from Councillor Fornari-Orsmond dated 31 March 2015

When Council considered and adopted the Wahroonga Town Centre Traffic and Parking Study Report prepared by Arup, Council adopted the recommendation to only allow a one (1) parking visit per day at the car park in Coonanbarra Road.

The purpose of only allowing one parking visit per day was to help prevent shop owners and staff occupying spaces as they were frequently changing vehicles around in the car park to avoid fines.

This has caused a general concern with the residents who use the car park and a number of fines have been issued as the notice is not clear for the users of the car park. As this is the only Council car park that has this restriction, it would be fairer to allow two (2) visits per day.

Some residents have also expressed concern that the 2 hour limit is not sufficient to allow them to complete their business.

Accordingly, I move:

“A.  That Council staff carry out a review of the current parking conditions and restrictions at Wahroonga Village Shops, gather feedback from stakeholders and bring a report back to Council with the findings and recommendations.

B. That Council take into consideration the below points:

i.   That the one (1) visit per day be increased to two (2) visits per day for the Wahroonga car park.

ii.  That more prevalent and clearer signs be placed at the car park entrances advising users of the rule to permit two visits per day.

iii. That Council staff investigate the possibility of providing an area in the car park to allow for three (3) hour parking restrictions.”

Resolved:

(Moved: Councillors Fornari-Orsmond/Malicki)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

74

Consideration of Officers' Recommendation to the Sydney West Joint Regional Panel on S94 Contribution for DA0327/13

File: DA0327/13

Vide: GB.5

The following member of the public addressed Council:

J Levy

For Council to determine whether it will make a submission to the JRPP on the Section 94 contribution for DA0327/13 which proposes construction of a new hospital at 742, 746 and 746A Pacific Highway, Gordon.

Resolved:

(Moved: Councillors Pettett/Fornari-Orsmond)

A.    That Council note the officers’ report recommending refusal of for DA0327/13 which proposes demolition of three dwellings at 742, 746 and 746A Pacific Highway, Gordon and construction of a 4 storey hospital with 64 beds.

B.    That Council does not make a submission on DA0327/13 to the Sydney West Joint Regional Planning Panel at its meeting on 15 April 2015 on the Section 94 contribution for DA0327/13.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Pettett, Fornari-Orsmond and Armstrong

Against the Resolution:         Councillors Citer, McDonald and Ossip

The above Resolution was CARRIED as an Amendment to the Original Motion.  The Original Motion was:

(Moved: Councillors Citer/Ossip)

A.      That Council note the officers’ report recommending refusal of for DA0327/13 which proposes demolition of three dwellings at 742, 746 and 746A Pacific Highway, Gordon and construction of a 4 storey hospital with 64 beds.

B.      That Council makes a submission on DA0327/13 to the Sydney West Joint Regional Planning Panel at its meeting on 15 April 2015 on the Section 94 contribution for DA0327/13.

75

Planning Proposal to Amend the draft Ku-ring-gai Local Environmental Plan 2015 - Consideration of Submissions

File: S10381

Vide: GB.6

The following member of the public addressed Council:

S Earp

For Council to consider the submissions made to the exhibition of the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan 2015.

Resolved:

(Moved: Councillors McDonald/Pettett)

A.       That the Planning Proposal to amend the KLEP 2015 to rectify anomalies, refine local clauses and incorporate amendments arising from submissions made to the exhibition be endorsed to proceed with the following variations:

1.       To amend the KLEP 2015 Zoning Map for 2, 4, 6 Caithness Street, Killara to zone R3 Medium Density Residential, the FSR Map ‘J’ (0.8:1), the Height Map ‘L’ (11.5m), Lot Size Map ‘U1’ (1200sqm).

2.       To not proceed with the rezoning of Council’s land adjacent to the Avondale Golf Course.

3.       To not proceed with the extension of the riparian area at Woniora Avenue and Woonona Avenue North, Wahroonga.

4.       To amend the KLEP 2015 Riparian Lands Map as it applies to 90 and 92 Babbage Road, Roseville Chase as per the amended mapping at Attachment A5.

5.       To amend the proposed  Schedule 3 (Complying Development ) Part 1 - Dwelling Houses in E4 Environmental Living zones  clause 2  as follows:

(2)   The development is not to be located within those parts of a site identified by clauses 6.6 or 6.7 of this LEP, or on Class 1-4 lands identified in Clause 6.8.

B.       That, in accordance with Section 58 of the EP&A, the revised Planning Proposal be forwarded to the Department of Planning and Environment with the request that the amendments be made to Ku-ring-gai Local Environmental Plan 2015.

CARRIED UNANIMOUSLY

C.       That 18 Culworth Avenue, Killara be included in a future Planning Proposal to amend errors, omissions and inconsistencies in the KLEP 2015 to amend the Floor Space Ratio Map to ‘Q’ (1.3:1), and Height of Building Map to ‘P’ (17.5m).

For the Resolution:                Nil

Against the Resolution:         The Mayor, Councillor J Anderson, Councillors Citer, McDonald, Pettett, Szatow, Malicki, Fornari-Orsmond, Ossip, Armstrong and Berlioz

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

D.       That those who made submissions be notified of Council’s decision.

CARRIED UNANIMOUSLY

E.       That all properties on the North side of Marian Street be included in the HCA C24.

CARRIED UNANIMOUSLY

76

Review and Amendments to the Bush Fire Prone Land Map

File: S06342/3

Vide: GB.8

For Council to note amendments to the Bush Fire Prone Land Map 2008 and to seek Council's approval to exhibit the draft Bush Fire Prone Land Map 2015 for the Ku-ring-gai Local Government Area (LGA).

Resolved:

(Moved: Councillors Malicki/Szatow)

That Council approves the draft Bush Fire Prone Land Map 2015 for the Ku-ring-gai Local Government Area (LGA) for public exhibition.

CARRIED UNANIMOUSLY

77

Gordon and Turramurra Master Plans - Probity Framework

File: S10047

Vide: GB.9

The purpose of the report is to present to Council Probity Management Frameworks for both the Gordon Cultural Hub and the Turramurra Community Hub.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council receive and note the Probity Management Framework for both the Gordon Cultural Hub and Turramurra Community Hub projects.

B.    That the word “key” in the first paragraph under section 3.2.4 Minutes of Meetings on page 24 of Attachment 1 – Turramurra Community Hub – Probity Management Framework and page 27 of Attachment 2 – Gordon Civic Hub – Probity Management Framework be removed.

CARRIED UNANIMOUSLY

78

828 Pacific Highway Gordon - Independent Review

File: S10388

Vide: GB.12

To provide Council with the independent Project Review – 828 Pacific Highway Gordon Report.

Resolved:

(Moved: Councillors Berlioz/McDonald)

That Council formally endorses the recommendations of the BDO Auditors report and a further report come back to Council on how and when they will be actioned.

CARRIED UNANIMOUSLY

79

Low Cost Housing Program

File: S07685

Vide: QN.1

Question Without Notice from Councillor David Armstrong

Does the Council have a program for low cost housing in Ku-ring-gai?

If so, could I have a written update?

Answer by the General Manager

To provide a full response, I will have the Director Strategy and Environment respond via e-mail, Councillor Armstrong.

80

Palliative Care Program in Ku-ring-gai

File: S02113

Vide: QN.2

Question Without Notice from Councillor David Armstrong

Does the Council have a palliative care program for Ku-ring-gai or are involved in a palliative care program in Ku-ring-gai?

Answer by the General Manager

No.  There are palliative care facilities, I believe, within Ku-ring-gai but Council certainly doesn’t directly involve itself in palliative care.

Ordinary Meeting of Council - 21 April 2015

MM.1 / 36

Item MM.1

CY00455/3

13 April 2015

Recommendation:

That this Mayoral Minute be received and noted.

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 21 April 2015

GB.1 / 38

Item GB.1

S05650

10 April 2015

purpose of report:

To advise Council of a request from the Novus Foundation to purchase sponsorship package tickets for the Gala Dinner to be held at Miramare Gardens Function Centre, Terrey Hills on Saturday 30 May 2015.

background:

The Novus Foundation was established in 2006, a collaboration between Phil McCarroll Automotive and the Rotary Club of Wahroonga. The Foundation supports projects directed at the welfare of young people in the Hornsby and Ku-ring-gai region. The primary target group is young people under 25 years of age.

comments:

Proceeds from the Novus Foundation fundraising in 2015 will support KYDS, StreetWork, Achieve Australia, Open Heart International, Australian Research Institute, and Rotary Club of Wahroonga Youth Projects. Individual tickets for the dinner are $160 per person and sponsorship packages (tables of 10) are available for $22,000, $11,000, $5,500, $3,300 and $1,600.

recommendation:

That Council purchase a sponsorship package of a table of 10 tickets for the Novus Foundation 2015 Gala Dinner, for $1,600, and that Councillors who are interested in attending the dinner advise the General Manager by Friday 1 May 2015.

Recommendation:

A.       That Council purchase a sponsorship package of a table of 10 tickets for $1,600 for the Novus Foundation Gala Dinner on Saturday 30 May 2015.

B.       That any Councillors who would like to attend the Novus Foundation 2015 Gala Dinner advise the General Manager by Friday 1 May 2015.

Janice Bevan

Director Community

Attachments:

A1View

Invitation - Novus Foundation Gala Dinner - 30/05/2015

2015/084488

APPENDIX No: 1 - Invitation - Novus Foundation Gala Dinner - 30/05/2015

Item No: GB.1

Ordinary Meeting of Council - 21 April 2015

GB.2 / 47

Item GB.2

DA0247/14

27 March 2015

Report title:

24 Cowan Road - Demolish Existing Dwelling and Construct a Multi-Dwelling Development comprising Two Town Houses, Six Villas, Basement Parking and Landscape Works

ITEM/AGENDA NO:

GB.2

Application No:

DA0247/14

Property Details:

24 Cowan Road, St Ives NSW 2075

Lot & DP No:      Lot 4 DP 519735

Site area (m²):   1,957.4m²

Zoning:               R3 Medium Density Residential

Ward:

St Ives

Proposal/Purpose:

To determine Development Application No. DA0247/14 which seeks consent for the demolition an existing dwelling and construction of a multi-dwelling development, comprising two town houses, six villas, basement parking and landscape works.

Type of Consent:

Local

Applicant:

Mr S Macri

Owner:

Mr J Irwin

Date Lodged:

4 July 2014

Recommendation:

Approval.

Multi-Dwelling Housing

Parking Space Requirement

1 bedroom unit

1 space per unit

2 bedroom unit

1.25 space per unit

3 bedroom unit

1.5 spaces per unit

Visitor car spaces

1 space per 4 units

Building Height

·  Where there is an existing FSR, test height controls against it to ensure a good fit.

·  Test heights against the number of storeys and the minimum ceiling heights required for the desired building use. The LEP prescribes an 11.5m height and 0.8:1 FSR

YES

Building Depth

·  Resolve building depth controls in plan, section and elevation.

·  In general, an apartment building depth of 10 - 18 metres is appropriate. Developments that are deeper than 18 metres must demonstrate how satisfactory day light and natural ventilation are to be achieved.
 

YES

Building Separation

·  Design and test building separation controls in plan and section.

·  Test building separation controls for daylight access to buildings and open spaces.

·  Building separation controls may be varied in response to site and context constraints.

·  Where minimum separation is less than recommended, must demonstrate daylight access, urban form, visual and acoustic privacy has been satisfactorily achieved.  Separation controls are contained within the DCP.  

YES

Street Setback

·  Identify the desired streetscape character, the common setback of buildings in the street, the accommodation of street tree planting and the height of buildings and daylight access controls.

·  Relate setbacks to the area's street hierarchy.

·  Identify the quality, type and use of gardens and landscaped areas facing the street.

·  Test street setbacks with building envelopes and street sections.

·  Test controls for their impact on the scale, proportion and shape of building facades.

YES

Side & Rear Setback

·  Relate side setbacks to existing streetscape patterns.

·  Test side and rear setback with building separation, open space and deep soil zone requirements (see Building Separation, Open Spaces and Deep Soil Zones).

·  Test side and rear setbacks for overshadowing of other parts of the development and/or adjoining properties, and of private open space.

YES

Floor Space Ratio

·  Test the desired built form outcome against proposed floor space ratio to ensure consistency with:

-   building height

-   building footprint

-   the three dimensional building envelope

-   open space requirements.
The LEP prescribes an FSR of 0.8:1 which has been tested together with the other controls and for economic viability.

YES

Part 2: 

Site Design

Deep Soil Zones

·  A minimum of 25% of the open space area of a site should be
a deep soil zone; more is desirable. Exceptions to this may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the residential flat building. (see Stormwater Management)

YES

Open Space

·  The area of communal open space required should generally be at least between 35 and 20 percent of the site area. Larger sites and brownfield sites may have potential for more than 30 percent.

·  The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as on a podium or car park, is 25m2; the minimum preferred dimension in one direction is 4 metres. (see Balconies for other private open space requirements)

YES

Planting on Structures

·  In terms of soil provision there is no minimum standard that can be applied to all situations at the requirements vary with the size of plants and trees at maturity. The following are recommended as minimum standards for a range of plant sizes:
Medium trees (8 metres canopy diameter at maturity)

- minimum soil volume 35 cubic metres

- minimum soil depth 1 metre

- minimum soil area 6 metres x 6 metres or equivalent.

Not Applicable

Stormwater management

·  Minimise impact on the health and amenity of natural waterways, preserve existing topographic and natural features and minimise the discharge of sediment and other pollutants to the stormwater drainage system.

YES

Safety

·  Carry out a formal crime risk assessment for all residential developments of more than 20 new dwellings.

Not Applicable

Visual Privacy

·  Refer to Building Separation minimum standards (see Building Separation).

YES

Parking

·  Provide adequate parking for the building’s users and visitors.

YES

Pedestrian Access

·  Identify the access requirements from the street or car parking area to the apartment entrance.

·  Follow the accessibility standard set out in Australian Standard AS 1428 (parts 1 and 2), as a minimum.

·  Provide barrier free access to at least 20 percent of dwellings in the development.

YES

Vehicle Access

·  Generally limit the width of driveways to a maximum of six metres. 

·  Locate vehicle entries away from main pedestrian entries and on secondary frontages.

YES

Part 3:  Building Design

Apartment layout

·  Single-aspect apartments should be limited in depth to 8 metres from a window. Back of a kitchen should be no more than 8 metres from a window.

YES   

·  The width of cross-over or cross-through apartments over 15 metres deep should be 4 metres or greater to avoid deep narrow apartment layouts.

·  Buildings not meeting the minimum standards listed above, must demonstrate how satisfactory daylighting and natural ventilation can be achieved, particularly in relation to habitable rooms (see Daylight Access and Natural Ventilation).

·  If council chooses to standardise apartment sizes, a range of sizes that do not exclude affordable housing should be used. As a guide, the Affordable Housing Service suggests the following minimum apartment sizes, which can contribute to housing affordability: (apartment size is only one factor influencing affordability)
- 1 bedroom apartment  50m2
- 2 bedroom apartment  70m2
- 3 bedroom apartment  95m2

Balconies

·  Provide primary balconies for all apartments with a minimum depth of 2 metres. Developments which seek to vary from the minimum standards must demonstrate that negative impacts from the context-noise, wind- cannot be satisfactorily mitigated with design solutions.

YES

Ceiling heights

·  The following recommended dimensions are measured from finished floor level (FFL) to finished ceiling level (FCL). These are minimums only and do not preclude higher ceilings, if desired.
- in general, 2.7 metre minimum for all habitable rooms on all floors, 2.4 metres is the preferred minimum for all non-habitable rooms, however 2.25m is permitted
- for two storey units, 2.4 metre minimum for second storey if 50 percent or more of the apartment has 2.7 metre minimum ceiling heights
- for two storey units with a two storey void space, 2.4 metre minimum ceiling heights

YES

Ground Floor Apartments

·  Optimise the number of ground floor apartments with separate entries and consider requiring an appropriate percentage of accessible units. This relates to the desired streetscape and topography of the site.

·  Provide ground floor apartments with access to private open space, preferably as a terrace or garden.

YES

Internal Circulation

·  In general, where units are arranged off a double-loaded corridor, the number of units accessible from a single core/corridor should be limited to eight.

YES

Storage

·  In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:
- three plus bedroom apartments: 10 cubic metres

YES

Daylight Access

·  Living rooms and private open spaces for at least 70 percent of apartments in a development should receive a minimum of three hours direct sunlight between 9 am and 3 pm in mid-winter. In dense urban areas a minimum of two hours may be acceptable.

·  Limit the number of single-aspect apartments with a southerly aspect (SW-SE) to a maximum of 10 percent of the total units proposed. Developments which seek to vary from the minimum standards must demonstrate how site constraints and orientation prohibit the achievement of these standards and how energy efficiency is addressed (see Orientation and Energy Efficiency).

YES

Natural Ventilation

·  Building depths, which support natural ventilation typically range from 10 to 18 metres.

·  Sixty percent (60%) of residential units should be naturally cross ventilated.

·  Twenty five percent (25%) of kitchens within a development should have access to natural ventilation.

·  Developments, which seek to vary from the minimum standards, must demonstrate how natural ventilation can be satisfactorily achieved, particularly in relation to habitable rooms.

YES

Waste Management

·  Supply waste management plans as part of the development application submission as per the NSW Waste Board.

YES

Water Conservation

·  Rainwater is not to be collected from roofs coated with lead- or bitumen-based paints, or from asbestos-cement roofs. Normal guttering is sufficient for water collections provided that it is kept clear of leaves and debris.

YES

Development standard

Proposed

Complies

Site area: 1,957.4 m²

Cl. 4.3 Height of buildings  11.5m (max)

10.2m

YES

Cl. 4.4 FSR  0.8:1

0.79:1

YES

Development standard

Proposed

Complies

Cl. 6.5 Site area  1,200m² (min)

1,957.4m²

YES

Cl. 6.5 Street frontage 

Site area >1,800m² = 30m (min)

29.66m

NO

Volume A

Part 6 Multi Dwelling Housing Controls

Part 6A Site Design

6A.1  Site layout

Site layout to respond to site analysis

Site analysis provided

YES

Any dwelling with a frontage to the street must address the street 

Two townhouses have frontage to, and address, the street

YES

Minimum of one dwelling to address the street

Two townhouses face the street

YES

Minimise hard surface to maximise landscaping

Hard surface kept to minimum

YES

Long straight driveways will not be permitted. Buildings and fences to be staggered

No long straight driveway proposed and building and fences are staggered

YES

Provide single pedestrian entry from street level

Two pedestrian entries from street level

NO

(refer discussion below)

Layout to be based on figure 6A.1-2

Site layout does not reflect the recommended layout

NO

(refer discussion below)

6A.2 Building setbacks

10m from primary street boundary (min)

10m

YES

Parallel to prevailing building line

Parallel to building line

YES

3m side setback from any side boundary (min)

North: 3.4m

South: 3.4m

YES

YES

Driveways set back 3m from side boundary (min) to allow for deep soil planting

4.8m

YES

Setback areas not be used for at grade parking

No at grade parking in setback areas

YES

6m rear setback (min)

Pergola: 9.5m

Rear wall of dwelling: 12.7m

YES

YES

Basement areas must meet the street and rear setback requirements and be a minimum of 3m from any side boundary

Rear: 13.5m

Street: 10m

Side: 3m

YES

YES

YES

Ground floor private terraces/courtyards must have:

8m setback from street boundary (min)

3m setback from side boundary (min)

4m setback from rear boundary (min)

57m

3.4m

9.5m

YES

YES

YES

Ground floor side setback encroachment by private terraces/courtyards only if deep soil planting requirements are met.

No encroachment

YES

15% (max) of the total area of any street setback is to be occupied by private terraces/courtyards.

No private terraces/courtyards proposed to street setback

YES

6A.3 Building separation

The minimum separation between residential buildings on the development site and the adjoining sites must comply with the following:

Up to 2^nd Storey:

i)   3m between non habitable rooms

ii)  6m between rooms/balconies in all other cases

3^rd Storey:

i)   12m between habitable rooms/balconies

ii)  7m between habitable rooms/balcony and non-habitable room

iii) 3m between non-habitable rooms

6m

6m

12m

8.5m (south)

11.0m (north)

8.5m (south)

11.0m (north)

YES

YES

YES

YES

YES

YES

YES

YES

6A.4 Site coverage

Combination of townhouses and villas with basement parking:

Proposal: 25% townhouses and 75% villas  (pro-rata of 40% for townhouses and 50% for villas)

 = 47.5%

43.3%

YES

6A.5 Deep soil landscaping

Multi-unit dwelling development must have deep soil landscaping of 40% (min)

41.2%

YES

Lots with the following sizes are to support a minimum number of tall trees capable of attaining a mature height of 13m on shale transitional soil or 10m on sandstone derived soils:

1200m² or less: 1 per 400m² of site area

1201-1800m² : 1 per 350m² of site area

1801m² or more: 1 per 300m² of site area

The site area is 1,957.4m² and therefore 1 tall tree per 300m² is required. This equates to 7 trees.

There are 8 tall trees proposed to be planted as well as the retention of 2 existing trees so the requirements are satisfied.

YES

At least 50% of all tree plantings are to be locally occurring trees and spread around the site.

>50%

YES

Part 6B Access and Parking

6B.1 Vehicle Access

Driveway located 3m (min) from side boundary and separated by a continuous landscaped verge & screen planting

Driveway located 4.8m (min) from southern side boundary – landscaping to boundary

YES

One driveway (max)

Only one driveway is proposed

YES

Driveway designed to avoid straight, long gun barrel appearance by use of landscaping and variations in alignment

Driveway design avoids long gun barrel appearance

YES

On-site vehicle turning areas designed to permit turning in a single reversing movement

Vehicle turning areas allow turning in a single reversing movement

YES

On-site vehicle turning areas must be located within the basement or concealed from the view of the public domain

Turning areas located in the basement

YES

If provided in basement, waste and recycling room to be 2.6m ceiling height (min) along path of travel from street to residential waste collection and manoeuvring area and kept free of overhead ducts, services and other obstructions

>2.6m ceiling height along path of travel

YES

6B.2 Car parking provision

Basement car parking must be consolidated under building footprint

Basement consolidated under building footprint

YES

The basement car park must not project more than 1m above existing ground level to the floor level of the storey immediately above

1.8m

NO

(refer discussion below)

Wherever possible, direct access must be provided from basement car parks to entry

Direct access provided from basement car parks to entry

YES

Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1

Council’s Senior Development Engineer is satisfied that compliance is achieved

YES

Car parking rates:

(Volume C Part 2R.2)

1 bedroom unit: 1 space

2 bedroom unit: min. multiple of 1.25  spaces per unit

3 bedroom unit: min. multiple of 1.5 spaces per unit

The development proposes 8 dwellings, each containing 3 bedrooms. Therefore:

8 x 1.5 spaces/unit = 12 spaces.

12 spaces are proposed

YES

Visitor parking: 1 space per 4 units

1 space to be adaptable by complying with dimensional and locational requirements of AS2890.6.

One space to be provided with tap to make provision for on-site car washing

2 visitor spaces

Council’s Senior Development Engineer is satisfied that compliance is achieved

Car wash space is provided

YES

YES

YES

Clearly signposted space for temporary parking of service and removalist vehicles with min. dimension of 3.5m x 6m and min. manoeuvring area 7m wide (where not provided, one of visitor spaces may be used if it meets these dimensions)

Temporary service/car wash space provided which satisfies minimum dimensions. Condition to be imposed to ensure clear signage of the space.

YES

(Condition 78)

6B.3 Bicycle parking provision

Where basement parking is provided:

1 bicycle parking space per 5 units (or part thereof) for residents within residential car park area; and

1 bicycle parking space (in the form of a bicycle rail) per 10 units (or part thereof) for visitors within visitor car park area

Sufficient bicycle parking spaces have been provided and are convenient to the street being on the ground floor of the development

YES

Part 6C. Building Design and Sustainability

6C.1 Communal open space

Communal open space must be provided where more than 10 dwellings are proposed that do not address the street

Proposal is for less than 10 dwellings

N/A

6C.2 Private open space

Multi-dwelling housing development must provide a minimum (internal dimension) 35m² of private open space per dwelling at ground floor, and must ensure:

i)   a single space of  minimum 25m² with a minimum internal dimension of 4m and direct access from a living area of the dwelling; and

ii)  the remaining spaces must have a minimum internal dimension of 2m

Villas 1 & 2: 35m² & 4m

Villas 3 & 4: 35m² & 4m

Villas 5 & 6: 41m² & >4m

THS 7 & 8: 52m² & >4m

YES

Primary private open space is to have direct access from the main living areas

All primary private open space areas have direct access from main living area

YES

Private open space (outdoor) for ground floor dwellings is to be differentiated from common areas by:

i)   Change in level and/or:

ii)  screen planting such as hedges or shrubs and/or;

iii) fence/wall to max height of 1.8m.  Any solid wall component to have max 1.2m height with 30% transparent component on top.  Gate to be provided from common area

Landscape plan indicates fence to define the line of private open space to Villas 1 and 2

YES

6C.3 Solar access 

Dwellings must receive min 3 hours direct sunlight to at least one living room & primary private open space between 9am - 3pm on 21^st June

Villas 3 and 5 receive 2 hours direct sunlight

NO

(refer discussion below)

Min. 3 hours between 9am – 3pm on 21^st June to living areas and principal portion of private open space of existing residential flat buildings and multi-dwelling housing on adjoining lots and residential development in adjoining lower density zones

Minimum solar access provided to living areas and principal portion of open space of multi-dwelling housing on adjoining lots

YES

Overshadowing must not compromise the development potential of the adjoining under-developed site(s)

Adjoining sites are developed to their potential

YES

All development must utilise shading and glare control

Vergolas and sun hoods provided over majority of windows to habitable rooms

YES

6C.4 Natural ventilation

All habitable rooms are to have windows or doors that can be opened and closed

All habitable rooms have windows or doors that can be opened and closed

YES

All dwellings must have natural cross ventilation

All dwellings have natural cross ventilation

YES

At least 25% of all kitchens are to be immediately adjacent to an operable window

75% of kitchens immediately adjacent to an operable window

YES

All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights

All habitable rooms are naturally ventilated without relying solely on lightwells or skylights

YES

6C.5 Dwelling depth, width and room size

Maximum internal plan depth of a dwelling is to be 14m from glass line to glass line

Villas 1 & 2: 23m

Villas 3 & 4:19m

Villas 5 & 6: 26.5m

TH 7 & 8: 11 and 23.5m

NO

 (refer discussion below)

Each dwelling must have 4m dimension (min)

All dwellings have 4m dimension

YES

Living areas must have 4m internal plan dimension (min)

All living areas have 4m internal plan dimension

YES

Multi-dwelling housing with two bedrooms must have a minimum internal plan dimension of 3m (excl. wardrobe space) in all bedrooms

All dwellings have three bedrooms

N/A

Multi-dwelling housing with three or more bedrooms are to have at least two bedrooms with a minimum internal plan dimension of 3m (excluding wardrobe space)

All dwellings have at least two bedrooms with a minimum internal plan dimension of 3m (excl wardrobes)

YES

Built in wardrobes are to be provided:

i)    to all studio apartments;

ii)   to all bedrooms in one and two bedroom apartments

iii)  to at least two bedrooms in apartments of three or more bedrooms

Built in wardrobes are provided to at least two bedrooms in dwellings

YES

6C.6 Dwelling mix

All multi-dwelling housing developments must contain at least one dwelling for each 10 dwellings (or part thereof) designed as adaptable housing in accordance with the provisions of AS4299-1995: Adaptable Housing Class C

Villa 4 is designed as adaptable housing

YES

6C.7 Building entries

The entry path is to be directly accessible and visible from the street

Entry paths are directly accessible and visible from street

YES

Building entry must be integrated with building facade design. At street level, the entry is to be articulated with awnings, porticos, recesses or projecting bays for clear identification

Building entries are articulated with canopies provided over entries for clear identification

YES

All entries must be well lit and designed to avoid any concealment or entrapment areas

Additional lighting to northern pedestrian entry, northern courtyard area and external stairs leading to gates to Villas 1 and 2 to be conditioned

YES

(Condition 23)

All light spill is prohibited

Light spill is contained by canopies and awnings

YES

6C.8 Building facades

Building length is not to exceed 36m

Northern and southern elevations are approximately 48m in length 

NO

(refer discussion below)

All building facades must be modulated and articulated with wall planes varying in depth by not less than 0.3m.  Where external walls are longer than 12m, the building alignment must be stepped by a minimum 0.6m articulation (projection or indentation) in the façade.

The proposed building is sufficiently modulated and articulated in its facades

YES

Building facades must be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls

Design incorporates sufficient solar protection elements such as eaves and louvres

YES

All building elements including shading devices and awnings must be coordinated and integrated within the overall façade design

All shading devices and awnings coordinated and integrated within overall façade design

YES

Where individual air conditioning units are used, they must not be located on the building façade or on balconies or terraces

Air conditioning plant room located in the basement

YES

Balconies that run the full length of the building façade are not permitted

Balconies to Villas 3, 4, 5 & 6 run the full length of the western facade

NO

(refer discussion below)

Balconies must not project more than 1.2m from the outermost wall of the building façade

>1.2m

NO

(refer discussion below)

Blade walls are not to be the sole element used to provide articulation

Sufficient articulation and no overuse of blade walls

YES

6C.9 Top storey design and roof forms

Where a third storey is proposed, the gross floor area of the top storey must not exceed 60% of the gross floor area of the storey immediately below it

<60%

YES

Where the third storey is not incorporated into the roof form, it must be set back from the outer wall of the floor below on all sides

Sufficient setback from the outer wall of the floor below on all sides

YES

Service elements must be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development

Service elements are integrated into the overall design of the roof

YES

Roof design must respond to solar access by using eaves or skillion roofs

Design responds to solar access

YES

Roof forms  are to be modulated or broken

Modulated roof form

YES

Solar panels to be integrated into the roof line (where provided)

Solar panels are not proposed

YES

6C.10 Internal ceiling heights

Ceiling height for habitable room: 2.7m min

2.7m

YES

Ceiling height for non-habitable room: 2.25m min

2.7m

YES

6C.11 Visual privacy

Buildings must be designed to ensure privacy

Building designed to ensure privacy

YES

Continuous transparent balustrades are not permitted to balconies/terraces

Sufficient treatment to balustrades to ensure there are no continuous transparent balustrades

YES

Screening between dwellings must be integrated with the overall building design

Screening integrated into the overall building design

YES

Landscaped screening must be provided to adjoining sites

Landscaped screening is to be provided to adjoining sites

YES

6C.12 Storage

Storage space must be provided at the following minimum volumes:

10m³ for two bedroom dwellings

12m³ for dwellings with three or more bedrooms

>12m³

YES

50% of storage space to be provided within the dwelling.  Remaining storage located  outside the dwelling to be specifically allocated to the relevant dwellings

Storage provision complies

YES

6C.13 External air clothes drying facilities

Provide one external air clothes drying area for each dwelling

Sufficient space provided to private open space areas

YES

External air clothes drying area must be screened from public areas and common areas

Sufficient screening provided to private open space areas

YES

6C.14 Fencing

Front fences and walls (to public street) and side fences in the street setback must not be higher than:

i)    0.9m closed construction (masonry, lapped and capped timber or brushwood fences)

ii)   1.2m open style construction (open paling and picket fencing)

Closed front fences with a max height of 1.8m and set back 2m from the front boundary will be considered where the site fronts a busy road.

1.2m high natural dry stone wall which is set back at a minimum of 2m from the front property boundary due to the curved nature of the site’s frontage. As Cowan Road is considered to be a busy road, the fence design is considered to be appropriate.

YES

Fences and walls must be stepped down and follow the natural contours of the site

Fences and walls are stepped to follow natural contours of site

YES

Hedges and shrub planting no higher than 1.2m along entire front boundary

No hedges and shrub planting over 1.2m proposed to entire front boundary

YES

All fences to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas

Fences highlight entrances and are compatible with building and structures

YES

External finishes must be robust and graffiti resistant

External finishes considered suitable

YES

VOLUME C

PART 1 Site Design

1.1 General

The development must respond to site attributes as identified in the site analysis

Site analysis provided

YES

Must demonstrate how the proposal responds to the site and contextual attributes

Site analysis demonstrates adequately how the application has responded to the site and contextual attributes

YES

1.2 Earthworks and Slope

Development must demonstrate consideration of site topography, drainage, soil landscapes, flora, fauna and bushfire hazard

Consideration of site topography has been provided

YES

Development must be accommodated within the natural slope of the land

Design accommodates the slope of the site

YES

Development is to minimise earthworks on steeply sloping sites

Sites with a slope in excess of 15% may require certification from a geotechnical engineer as to the stability of the slope in regards to the proposed design

4% slope on site

N/A

Minimum 600mm width is required between retaining walls to provide adequate soil area and depth to ensure that they do not read as a single level change and for the viability of landscaping

Assessed  by Council’s Landscape Officer and found to be satisfactory

YES

Existing ground level is to be maintained for a distance of 2m from any boundary

Assessed  by Council’s Landscape Officer and found to be satisfactory

YES

Fill and excavation are not permitted within sensitive environments

Not applicable

N/A

Retaining walls, excavated and filled areas shall be located and constructed to have no adverse impact on:

i)   Structures to be retained on the site

ii)  Structures on adjacent public or private land

iii) Trees to be retained onsite or on adjoining sites

No adverse impact

YES

Excavated and filled areas are to be constructed so as not to redirect or concentrate stormwater or surface runoff onto adjoining properties

Assessed and found to be satisfactory

YES

Design of proposal must consider the impacts of altered subsurface/groundwater flows or direction on groundwater dependent ecosystems or species

Assessed and found to be satisfactory

YES

1.3 Landscape Design

Assessed by Council’s Senior Landscape Assessment Officer and found to be satisfactory

YES

PART 2 Access and Parking

2.1 Equitable Access

Applications are to demonstrate how access to and within the development meets the requirements of the Disability Discrimination Act 1992 (DDA)

Application has provided an Access Report demonstrating that the application meets the requirements of the DDA

YES

2.2 Vehicle Access, 2.3 Basement Car Parking, 2.4 Visitor Parking, 2.5 Parking For People With A Disability, 2.6 Pedestrian Movement Within Car Parks, 2.7 Bicycle Parking  and Facilities

Assessed by Council’s Senior Development Engineer and found to be satisfactory

YES

PART 3 Building Design and Sustainability

3.3 Building Services

All applicants must consult with service providers

Standard consent conditions will ensure that this is undertaken

YES

Services and structures required by the providers are to be located within basements, or concealed within the façade, with appropriate access. 

Standard consent conditions will ensure that this is undertaken

YES

Air conditioning units located within basements must be screened and have adequate ventilation

Air conditioner plant room to be located within basement

YES

3.4 Waste Management

All waste and recycling facilities must comply with the BCA and all relevant Australian Standards

Area designed in accordance with BCA & AS

YES

All waste and recycle to be stored within site

Garbage collection room provided

YES

Access to collection point

Unimpeded access, suitable grade, exit forward direction and level surface, clear >2.6m clearance height

YES

Storage Room to be provided  and easily accessible

Storage rooms provided and easily accessible

YES

Waste 2 x 240l per 2 units: 4

4 x 240l waste

YES

Co-mingled 1 x 240l per 4 units: 2

2 x 240l

YES

Recycling: 1 x 240l per 4 units: 2

2 x 240l

YES

3.5 Acoustic Privacy

Building to comply with separation requirements of DCP

Adequate design principles have been used and requirements of DCP satisfied

YES

3.6 Visual Privacy

Private open spaces and principle living spaces of the proposal and adjacent dwellings to be protected from direct or unreasonable overlooking

Proposal has been adequately designed to mitigate privacy impacts

YES

3.7 Materials, Finishes and Colours

Comprehensive details provided with application

Finishes/materials have been considered by Council’s Urban Design Consultant and assessed as being satisfactory and consistent with the character of the surrounding environment.

YES

3.9 Construction, Demolition and Disposal

Waste management plan provided with application

A waste management plan was submitted as part of the proposed development. It is considered that the construction waste management plan meets the underlying objectives of waste management as required under the Local Centres DCP.

YES

PART 4 Water Management

Council’s Development Engineer has assessed the proposal against the relevant provisions of the Local Centres DCP that relate to water management. The application is considered to be acceptable in this regard, subject to conditions to be imposed.

Recommendation:

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

A.      THAT Council, as the consent authority, is satisfied that the request under Clause 4.6 of Ku-ring-gai Local Centres LEP 2012 to vary the minimum street frontage development standard is well founded.  Council is also satisfied that the proposed development will be in the public interest and is consistent with the objectives of the development standard and the R3 Medium Density Residential zone.

AND

B.       THAT Council, as the consent authority, grant deferred development consent to DA0247/14 for demolition of the existing dwelling and construction of a multi-dwelling housing development comprising two townhouses, six villas, basement parking and landscape works on land at 24 Cowan Road, St Ives for a period of two (2) years from the date of the Notice of Determination, subject to the following terms:

SCHEDULE A – Deferred commencement condition

Evidence required to satisfy the following condition must be submitted to Council within twelve (12) months of the date of this consent.

1.     Drainage easement (deferred commencement)

The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.

Reason:         To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

Upon receipt of written notification from Council that the abovementioned condition has been satisfied, the following conditions will apply:

SCHEDULE B – The standard conditions of consent are set out as follows:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Reason:         To ensure that the development is in accordance with the determination.

2.     Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

Reason:         To ensure that the development is in accordance with the determination.

3.     Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent: