Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council - 23 August 2016	GB.3 / 32

Item GB.3	DA0567/15
	6 July 2016

development application

Summary Sheet

Report title:	10 Bobbin Head Road, Pymble - demolish existing structures and construct town-houses comprising 9 single attached dwellings with underground parking and associated landscaping
ITEM/AGENDA NO:	GB.3

Application No:	DA0567/15
Property Details:	10 Bobbin Head Road, Pymble Lot & DP No: Lot B2 DP 388481 Site area (m²): 1,593m² Zoning: R3 Medium Density Residential
Ward:	Wahroonga
Proposal/Purpose:	Demolish existing structures and construct town-houses comprising 9 single attached dwellings with underground parking and associated landscaping
Type of Consent:	Local
Applicant:	Architectural Solutions
Owner:	Ji & Au Pty Ltd
Date Lodged:	9 December 2015
Recommendation:	Approval

Purpose of Report

The purpose of this report is to determine DA0567/15. The application is reported to Council as the proposal is for a multi dwelling housing development including more than 3 dwellings that is recommended for approval.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Applications are assessed in accordance with State and local plans

Assessments are of high quality, accurate and consider all relevant legislative requirements

Executive Summary

Issues	· southern side setback · driveway setback · private open space · natural ventilation · building facade length · air-conditioning units · dormer windows
Submissions	· 3 submissions to original application · 1 submission to amended application
Land & Environment Court	No
Recommendation	Approval

LEGISLATIVE REQUIREMENTS:

Zoning	R3 Medium Density Residential
Permissible under	Ku-ring-gai Local Environmental Plan 2015
Relevant legislation	· State Environmental Planning Policy No. 55 – Remediation of Land · State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 · Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River · Ku-ring-gai Local Environmental Plan 2015 · Ku-ring-gai Development Control Plan 2015 · Ku-ring-gai Contributions Plan 2010
Integrated Development	No

History

Site

DA1242/08

On 5 March 2009, Council staff under delegation refused consent to Development Application DA01242/08, for the demolition of the existing dwelling and construction of a two storey child care centre (60 children) with 15 car parking spaces on the site.

DA0117/15

On 22 June 2015, the applicant withdrew an application for the demolition of the existing structures and construction of 9 town-houses with car parking and associated landscaping on the site. The application was withdrawn in response to a letter, dated 11 June 2015, from Council outlining concerns with the application.

Pre-DA

There was no Pre-DA consultation for this application.

DA history

9 December 2015	DA lodged.
15 December 2015	DA referred to internal referral bodies.
17 December 2015	Additional information request letter sent to applicant requesting a physical model to be submitted.
21 December 2015	Physical model submitted.
15 January 2016	DA notified and advertised for 30 days.
10 March 2016	Preliminary assessment letter sent to applicant, raising the following issues to be addressed: · impact on adjoining heritage item from front setback and third storey · deep soil landscaping · tree impacts · landscape plan · lift location · building B roof form and dormers · side fencing · landscaping to courtyards of Units 1, 2 and 3 · unit 5 parking spaces · stormwater management
31 March 2016	A meeting was held with the applicant to discuss issues and conceptual amended plans.
1 June 2016	Amended plans lodged, which included the following modifications: · increase of front setback from 10m to 12m-13m · relocation of townhouse from Building A into Building B and join both buildings into a “T” configuration · deletion of top storey in Building A and provision of floor space within the roof · amendment to the top storey of Building B to alter roof form and provide dormer style windows · increased deep soil area · clarification of fencing proposed · re-arranged parking, OSD and storage areas in basement · amended landscape plan · amended stormwater plans · amended BASIX certificate
9 June 2016	Additional information request emailed to applicant requesting further urban design and landscape details of townhouses in Building A.
23 June 2016	Further amended plans lodged, including the following modifications: · lowering of Building A by 200mm · further clarification oflevels, landscaping and fencing within the front setback · revised schedule of colours and finishes
27 June 2016	Amended plans were notified for 14 days.

The Site

Site description

The site is identified as Lot B2 DP 388481 known as No. 10 Bobbin Head Road, Turramurra. The site is on the western side of Bobbin Head Road.

The site is regular in shape and has a frontage of 24.38 metres, a side, northern, boundary of 64 metres, a rear, western, boundary of 25.38 metres and a side, southern, boundary of 64 metres.

The site is 1,593sqm in area and has a fall of 6.5 metres from the higher, south-western corner, to the lower, north-eastern corner at Bobbin Head Road.

The site currently accommodates a one and two storey dwelling, detached garage, swimming pool, cabana and landscaping.

Vehicular access is via a cross over and driveway adjacent to the northern boundary.

The site contains 14 trees, whilst there are 5 trees on neighbouring properties in the vicinity of the site and 2 street trees.

Surrounding development

Adjoining the site to the north and west, are single residential dwellings on landscaped lots at 12 and 12A Bobbin Head Road, respectively. No. 12 Bobbin Head Road is identified as an item of local heritage significance, known as “Heatherbrae”.

Adjoining the site to the south, is a residential flat development comprising of 5 storey buildings over basement parking on a large lot at 4-8 Bobbin Head Road. On the opposite side of Bobbin Head Road is Sacred Heart Primary School.

The surrounding locality contains predominately low scale residential dwellings, with medium to high density residential development along the Pacific Highway corridor.

The Proposal

The proposal as amended is for the following development:

· demolish the existing dwellings and ancillary structures

· construct a 3 storey townhouse development comprising nine attached dwellings, including:

o 3 x 4 bedroom dwellings

o 6 x 3 bedroom dwellings

· basement car park, including:

o 21 basement car spaces – 18 x residential and 3 x visitor

o 1 x service/carwash space

o garbage room

o storage and plant rooms

o 5 x bicycle spaces

o OSD and rainwater tanks

· new concrete internal driveway and new driveway crossover

· excavation to 5 metres for basement level

· landscaping, front and side boundary fencing, pedestrian entry portico, ramping, retaining walls and courtyards

· removal of 13 trees within the site (T3, T5, T6, T8, T9, T10, T11, T13, T14, T15, T16, T19 and T20)

Consultation

Community

In accordance with the notification requirements of the Ku-ring-gai DCP 2015, the application was notified to owners and occupants of surrounding properties and advertised in the local newspaper for a period of 30 days, between 15 January 2016 and 15 February 2016. In response, Council received submissions from the following:

· Dr G K Herkes	12A Bobbin Head Road, Pymble
· Mrs S J Sales	1/4-8 Bobbin Head Road, Pymble
· Mr G P Fitzpatrick & Ms A E O'Reilly	10 Hartley Close, Pymble

The submissions raised the following issues:

The proposal will overlook the backyard, bedroom and living room windows of 12A Bobbin Head Road and the backyard and windows of Unit 1, 4-8 Bobbin Head Road.

The proposed townhouses are separated by more than 12m from the principal living areas of neighbouring properties. The application was amended to convert third storeys into attic roof forms, reducing windows at the top storey and minimising overlooking to neighbouring properties. No upper floor balconies are proposed that face the side or rear boundaries.

The three windows in the western elevation facing 12A Bobbin Head Road, are 2 highlight windows to a bathroom and ensuite on the first floor and a narrow sash window to a rumpus room on the top floor. The windows in the southern elevation facing 4-8 Bobbin Head Road are to bedrooms on the first floor and no windows are located on the top floor.

The proposed screen landscaping within the side and rear boundary setbacks will further minimise any privacy impacts.

The existing vegetation along the western boundary is to be removed and should be replaced with appropriate screen planting.

The proposed landscape plan provides a range of trees and screen planting along the entire rear boundary at a 4m depth. The landscaping is considered to provide an appropriate vegetated buffer between the development and surrounding dwellings.

The fencing along the western boundary will need to be replaced.

The application nominates that the rear fence is to be retained. The permanent replacement of the boundary fence is a matter administered under the Dividing Fences Act 1991 and is a civil matter between the property owners.

The proposal will overshadow Unit 1, 4-8 Bobbin Head Road.

The proposal retains at least three hours of sunlight between 9am and 3pm on 21st June to the living area windows and balconies on the northern façade of the existing residential flat building to the south of the site. The proposal overshadows part of the ground level private open space (lawn/garden area) of three apartments at 4-8 Bobbin Head Road. The principal portion of the private open space of these apartments is a terrace/courtyard area attached to internal living areas. The minimum three hours is maintained to these terrace areas and complies with the control.

The proposal will affect vegetated outlook from Unit 1, 4-8 Bobbin Head Road.

The proposal involves the removal of the existing Leighton’s Green Cypress hedge along the southern boundary. This will affect the current vegetated outlook from the units at 4-8 Bobbin Head Road. ‘Leighton’s Green’ cypress’ are not a desired species due to the amenity issues associated with them if they are not maintained at a suitable height, noting that they have the ability to grow greater than15m in height and block solar access. Council’s Landscape Assessment Officer supports the removal of the hedge and considers that the proposed landscape works will result in an appropriate outcome and a superior landscape setting compared to the existing.

The entrance to six of the townhouses is on the bordering fence line, causing increased noise disturbance as people enter and exit properties.

The likely noise level arising from entry and exit to and from dwellings from a townhouse development is considered reasonable for an area zoned for medium to high density residential land uses.

The street parking is not adequate for an increase in volume of cars and residences. This is dangerous for school children.

The proposed off street car parking spaces comply with the minimum requirement for residents and visitors. Council’s Development Engineer has assessed the traffic impacts associated with the development and is satisfied that the proposal is capable of compliance with relevant standards and requirements for safety and parking.

A shadow diagram should be submitted showing impacts to the neighbouring property.

Shadow diagrams were submitted illustrating the proposed overshadowing impact to the neighbouring properties.

Amended plans received June 2016

The amended plans were notified to surrounding residents for a period of 14 days between 27 June 2016 and 11 July 2016. In response, Council received a submission from the following:

· K Zhou

Address not disclosed

The submission raised the following issues:

The proposal is incompatible with the surrounding character of Bobbin Head Rd and will increase population in a quiet area.

The application was amended to respond to the context and has been assessed as compatible for the R3 medium density zone. It provides an appropriate transition between the high density units to the south and the low density dwellings to the north. The proposal complies with the maximum density allowable on the site and is a suitable land use, anticipated within the R3 medium density zone and the surrounding locality.

The proposal is opposite a school and additional traffic will bring potential risk for the children.

Council’s Development Engineer has assessed the traffic impacts associated with the development and is satisfied that the proposal is capable of compliance with relevant standards and requirements for safety and parking. A condition is recommended to ensure that no construction vehicle movement occur during peak drop-off, pick-up school periods (Condition 11).

Within Council

Landscaping

Council's Landscape Assessment Officer assessed the original proposal and identified a number of issues including tree impacts, insufficient deep soil and inadequate information. Additional information and amendments were requested.

Council's Landscape Assessment Officer also assessed the current amended proposal and commented as follows:

Tree impacts

An arboricultural impact assessment has been submitted. The following comments are made:

· Nominated tree removal is accepted.

· No updated arboricultural impact assessment report has been submitted.

· T4 Cedrus deodar (Himalayan Cedar) located centrally within the site frontage. The tree is the largest and therefore the most significant located on site. The tree is in good health and condition with ‘high’ landscape significance. The widening of the driveway will result in excavation within the tree Protection zone (TPZ) on the northern side. While this is not a desired landscape outcome, the encroachment is less than 10% and assessed as being within an acceptable threshold for the tree. The proposed pedestrian path to Dwelling 2 is located within the structural root zone (SRZ) which is not desired, however subject to it being constructed on top of existing grade (no excavation) and no root severance (which is conditioned) potential impacts is minor. It is assessed that with appropriate tree protection measures in place development impacts is within an acceptable threshold for the tree.

· T12 Phoenix canariensis (Canary Island Date Palm) located adjacent to the northern site boundary within the neighbouring heritage listed property. Part of the root zone will be severed, which will have an impact but should not impact the trees ongoing viability and is within an acceptable threshold.

· The existing ‘Leighton’s Green’ Cypress hedge located adjacent to the southern site boundary is shown to be removed. This will result in short term ‘shock’ as landscape amenity and screening to the adjoining residential flat building will be lost. ‘Leighton’s Green’ cypress’ is not a desired species due to the amenity issues associated with them if they are not maintained at a suitable height (they have the ability to grow >15m) where they block solar access, and their removal is supported. The proposed landscape works will result in an appropriate landscape outcome and a superior landscape setting.

· T3 Cupressus ‘Leigton’s Green’ hedge located across the site frontage. The removal of the hedge is accepted to accommodate the construction of a new retaining wall and masonry fence. The established hedge, while providing screening and amenity, is a species that result in amenity impacts if allowed to grow to its full height >15m. When removed, increased morning sun (solar amenity) will be available to the east facing units. The existing planting will be replaced with an evergreen shrub species that will provide streetscape and landscape amenity while retaining solar amenity and outlook.

Landscape plan/tree replenishment

· The proposed landscape works for the site overall is accepted. Minor changes can be addressed via condition.

· The removal of the existing Leighton’s Green hedges is accepted. Replacement planting will maintain landscape and neighbour amenity and result in a superior landscape outcome.

· The landscape works include paving areas within the private open space (POS) for Dwellings 8 & 9 that have been included in the deep soil landscape (DSL) area, which is inconsistent with the DSL definitions. It is therefore conditioned for these additional paved areas to be deleted and planted out.

· Tree replenishment requirements as per the DCP have been satisfied. A minimum of 5 canopy trees is required.

Stormwater plan

The proposed Stormwater works for the site are acceptable on landscape grounds.

BASIX

Numerous landscape areas have been shown within the BASIX certificate. It is assessed that the proposal is consistent with the BASIX certificate for landscape areas.

Deep soil

KDCP2015 6A.5 requires 40% of the site area to be deep soil landscape area (DSL). DSL is defined as the soft landscaped part of the site area that is not occupied by any structure, whether above or below ground, except for paths up to 1.2m wide, stormwater pipes to 300mm, lightweight fences, drainage pits <1sqm, minor structures, and have a minimum width of 2.0m. Control 6 requires a maximum of one third of the principal private open space to be included within the DSL calculable area.

By the applicant’s calculations the proposed development will have a revised DSL area of 637sqm/40% (Plan DA03-B). For the site area of 1593sqm a minimum DSL area of 637.2sqm is required. By the applicants calculation’s the development will result in an excess DSL area of 0.2sqm. The assessing landscape officer is in disagreement with the areas included within the DSL calculations. The areas in dispute include:

· Proposed paved areas adjacent to the terraces within the private open space of Dwellings 8 and 9. To enable compliance with DSL area, it is conditioned (Condition 2b) for these additional paved areas to be deleted and the areas planted.

Subject to conditions, the development is consistent with the minimum DSL area, and the Objectives and Controls within KDCP2015 6A.5

Other issues

Side fencing

It is noted that the north and south elevations show stepped side fencing to 1.8m in height. This is an undesirable landscape outcome as the built form will dominate the soft landscape. It is recommended that the proposed fencing forward of the building line not exceed 1.2m, and 1.8m behind the building line to ensure the development sits within the landscape. This is conditioned (Condition 2a).

Lift

It is noted that the proposed lift is located within the southern side setback. This is an undesirable landscape outcome as it influences the ability to provide screen planting adjacent to the site boundary. It is preferred that the lift to be incorporated within the basement footprint, however it is acknowledged that the area unable to be screened is relatively small when compared to the length of the boundary and as such is a ‘pinch point’ and can be accepted.

Conclusion

The application is acceptable on landscape grounds, subject to conditions.

Engineering

Council's Development Engineer assessed the original proposal and identified a number of issues relating to stormwater management. Additional information and amendments were requested.

Council's Development Engineer also assessed the current amended proposal and commented as follows:

The following documents were used for the assessment:

· Survey Plan numbered 3485-DET4_A dated 12 May 2014 prepared by Mepstead and Associates;

· Architectural Plans numbered DA01 – DA012, Issues B & C prepared by Architectural Solutions;

· Landscape Plans numbered L001 Rev B dated 31 May 2016 prepared by Peta Gilliland Landscape Design;

· Stormwater Plans numbered 11411-01/B, 02/B, 03/B and 04/B prepared by ING Consulting Engineers Pty Ltd;

· Geotechnical report prepared by Asset Geotechnical;

· Traffic and Parking Assessment Report dated March 2015 prepared by Transport and Traffic Planning Associates; and

· Basix Certificate 687139M_02 dated 31 May 2016 prepared by SLR Consulting Pty Ltd.

Water management

The subject site generally falls from the rear of the property to the front by approximately 6.5m with sufficient fall to achieve gravity drainage from the on-site detention tank. It is proposed to have the site discharge directed to the existing kerb and gutter in Bobbin Head Road.

The stormwater plans shows an on-site detention tank of 30.45m³ located under the basement floor slab (of Units 8 and 9) with the OSD inspection / access grate accessible from within the basement.

The revised BASIX Certificate has been submitted, with the water commitments requiring a central rainwater tank of 30,000 litres located within the rear of the basement. The rainwater retention and re-use has met the BASIX commitments and satisfied the 50% reduction in runoff days. It is intended that reuse will be for toilet flushing, laundry and irrigation purposes. The requirements of Part 25B.3-4 of the Ku-ring-gai DCP has been satisfied.

The captured stormwater is to be treated by using a proprietary pollution filter located within the detention tank prior to connection into Council’s public drainage system. The captured stormwater will be treated using a Stormwater360 model ‘StormFilter’ as well as Enviropods within the stormwater pits which satisfies the pollutant load standards set out in the Ku-ring-gai DCP Part 25B.6.

Vehicular access and accommodation arrangements

The site is zoned ‘R3’ under the Ku-ring-gai LEP 2015. The parking provisions have been determined using Ku-ring-gai Development Control Plan for multi-dwelling housing. The site is located greater than 400m walking distance from the Pymble Railway Station. According to the Ku-ring-gai DCP Part 23R.2 ‘Car Parking Rates’, the total parking spaces required would be 17 (14 residential and 3 visitors spaces).

The development provides 21 off-street parking spaces, comprising 8 “double” garages and 3 visitor spaces. Whilst the parking requirements have been met, the visitor parking space located at the western end of the basement carpark is not compliant with AS2890.1:2004 with regards to manoeuvring in and out of this parking space. It has been conditioned that the visitor space is to be deleted. A total of 3 visitor spaces are to be provided with one of the residential spaces being reallocated to a visitor space.

Vehicular access to the car parking facility is to be provided via a new 5.0m wide entry / exit driveway crossing at the boundary and narrows to 3.6m at the basement entry. The driveway provides adequate sightlines for oncoming vehicles and to pedestrians on footpaths. The driveway clear width should be a minimum 3.7m as per Part 23.2(7) of the Ku-ring-gai DCP.

The basement plan shows the visitor space doubling as a carwash space, which is acceptable. The minimum dimension of 3.5m x 6m has been satisfied and as well provides adequate manoeuvring for a service/removalist vehicle and easily accessible by Council’s waste collection vehicle. A dedicated turning bay area has been provided which doubles up as part of the shared zone for the visitor disabled space which is also acceptable.

The adaptable parking space width of 2.4m plus 2.4m shared area complies with AS2890.6. The disabled visitor space also complies with AS2890.6:2009. This is also referred to within the access consultant’s report.

The driveway gradient is less than 5% from the property boundary to the basement entry as depicted on the architectural Basement Carpark Plan DA 02-C which is compliant with AS2890.1:2004. The driveway kerb crossing and footpath are to retain existing levels.

Waste collection

The development allows a garbage truck to enter and depart the garbage/room recycle storage area in a forward direction. The turning manoeuvrability is suitable for the small waste collection vehicle as shown by the swept paths on the revised architectural ‘Basement Car Park Plan DA02-C.

The section plans also demonstrate that there is 2.6 metres clear headroom at the basement entry and along the whole of the travel path required for the small waste collection vehicle.

The proposed 9x240L bins for waste, paper and recycling satisfies the minimum bin requirements.

Construction management

Based on the scale of works and expected construction vehicle movements, a detailed construction traffic management plan (CTMP) must be submitted for review by Council Engineers prior to the commencement of any works on site.

A Works Zone will be required along the Bobbin Head Road frontage, and a condition is recommended to that effect, including the need for approval by Councils Traffic Committee and the payment of the necessary fees (Condition 12).

Condition 11 requires that NO construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days. This will address the submission with regards to children safety given the location of the school directly opposite the site.

Geotechnical investigation

The preliminary investigation was undertaken based on borehole testing. The results identified subsurface conditions comprising thin silty topsoil over residual clays. These clays merge into shale at depths in the range of approximately 3m below the natural surface. The report suggests that groundwater is not expected to be encountered with the proposed depths of basement excavation. Given the maximum depth of excavation is approximately 3.5m below ground level, the basement level will be within hard shaley clay and potentially shale bedrock.

All other recommendations during the construction phase shall be carried out as specified within the report.

Response to submissions

Submissions have been received which raise traffic and parking as issues.

The site has been zoned for this type of development. Parking rates are specified in Council’s planning controls so that adequate space is provided for residents and visitors within these developments and parking does not spill over into the surrounding streets. The off-street parking provided satisfies the requirements under Council’s car parking rates.

The potential additional peak generation of 5 vehicle trip per hour (approximately 1 trip every 12 minutes) is not expected to have a significant effect on traffic flows or on the operation of the nearby intersections with the arterial road network.

Recommendation

The application is acceptable, subject to conditions.

Heritage

Council's Heritage Advisor assessed the original application and identified concerns with the development and its impacts on the curtilage of “Heatherbrae”, adjoining the site to the north. Amendments to the design to increase the front setback and delete the top storey of the front building were requested and submitted.

Council's Heritage Advisor also assessed the current amended proposal and commented as follows:

Amended plans were submitted to Council on 1 June 2016. No additional Statement of Environmental Effect or Heritage Impact Statement has been sighted. However, several meetings were undertaken with Council’s Urban Design consultant and assessment officers and the information forwarded to the applicant.

In summary, the courtyard space between the “Type 2” townhouses and the “Type 1” townhouses has been removed, an additional townhouse has been added to the “Type 1” townhouses which has resulted in a deeper front setback reflecting the setback of the existing house on the lot, the access arrangement to the street facing townhouses has been modified, the access lift has been re-positioned, the first floor balconies from the street facing townhouses has been deleted, the attic level rooms have been reduced to two rooms facing Bobbin Head Road, the large balconies have been amended to appear more as “openings” in the roof form, the roof appearance has been amended by providing a more conventional appearance with the attic rooms reading as “rooms within the roof” abet still a high roof form and the fenestrations facing Bobbin Head road are of more traditional proportions. The overall ridge height of the proposed building is now higher than the original scheme and close to the ridge height of the adjoining Federation styled heritage item. No ridge RL has been provided on the drawings, only the RL to the upper ceiling pf the attic rooms has been provided. However, the front and side elevations of the amended scheme are considred to be acceptable and have responded to the heritage concerns raised in the original application. It is understood that the majority of plantings along the northern side of the development site will be retained and supplemented with additional new plantings.

The revised scheme will present as a more continuous building than the first scheme which proposed a break between the street facing townhouses and the townhouses further to the rear of the site, but as the development site is located on the southern side of the heritage item, setback from the street further and the screening by the trees is maintained, this impact is within reasonable limits for the site which is rezoned for the scale of this development.

In terms of the design of the development, it has a better relationship to the draft HCA on the opposite side of the street and low impact on the item located at No 11 Bobbin Head Road. Impacts on other heritage items within the vicinity are negligible.

The applicant has submitted details of the proposed colour scheme and details of the materials. The proposed “slate type” roof tile are considered unacceptable in the context of the adjoining heritage item, nearby heritage item and soon to be gazetted HCA. A condition is recommended requiring the roof tiles to be amended to a Marseille pattern tile, preferably a traditional red terracotta tile, or a Marseille pattern concrete roof tile (Condition 21).

Conclusion

The revised scheme has responded to the concerns raised by Council and is now considered to be acceptable on heritage grounds, subject to conditions.

Building

Council's Building Surveyor assessed the original proposal and current amended proposal and commented as follows:

Class 2 & 7a building

The amended plans submitted for the proposed development in general comply with the Building Code of Australia.

It is noted in the access report by Independent Living Centre NSW Access, dated 8 December 2015 that the accessible pedestrian access to the town-houses can be made from Bobbin Head Road via the entry pathway and lift. Therefore, it is essential that the lift also provides through access from the Bobbin Head pedestrian entry to the townhouses.

Planner’s comment

Conditions are recommended to ensure compliance with the BCA conditions and accessibility provisions (Conditions 23, 30, 31, 46 and 80).

Urban design

Council’s Urban Design Consultant assessed the original proposal and identified a number of design issues including building facades, roof form and aesthetics. Amendments to the design were requested.

Council's Urban Design Consultant also assessed the amended proposal and commented as follows:

Context and neighbourhood character

· The site is on the western side of Bobbin Head road just north of the Pacific Highway and Bobbin Head Road intersection. The site is adjacent to the R4 High density residential zone that contains residential flat building that have a frontage to the highway.

· Immediately to the north of the site, is a single dwelling house that is a heritage item. This dwelling has a very large setback of 32m from the front boundary.

· The dwellings have orientation towards the north, with a significant setback from the heritage item and a significant landscape buffer providing privacy – there is a minimal level difference between the proposed terraces and the ground level on the adjoining property.

Built form & scale

· The proposed building has a 10-13m setback from the street. This provides a transition from the 10m setback of the residential flat building to the south and the heritage item to the north – it also allows for significant space for the Cedrus Deodar.

· Pedestrian access is near the southern boundary at the street – this is appropriate given the levels on the site. It contains an entry portico as recommended by the DCP.

· The existing hedge is to be replaced and new retaining walls and fencing to be provided. This will provide an appropriate connection to the public domain.

· Throughout the assessment consideration of the levels of the communal outdoor open space, private courtyards and dwellings were resolved and refined to ensure that the treatment did not dominate the streetscape and sufficient privacy was maintained. The result provides a satisfactory management of these levels.

Density

· The density is appropriate to the context and complies with the maximum FSR for the site.

Landscape

· The large Cedrus Deodar tree in the front is proposed to be retained – this will assist with the retention of the existing streetscape character and provide screening from the adjacent heritage item.

· Communal open space is provided within the front setback, with seating and a lawn area under the Cedrus Deodar. This is sufficient for a development of this scale.

· Deep soil planting is provided around the perimeter of the site to support the existing trees and new tree planting. This is appropriate for this development.

· Adjustments of the levels around the front path to Dwellings 1 and 2 have ensured that there is adequate privacy between the dwellings, their private courtyards and the communal open space.

Amenity

· Daylight access: Each dwelling receives good daylight access with dual orientation, appropriate room depths and good size windows.

· Solar Access: 8 of the 9 dwellings have a northern orientation for the living rooms, Dwelling 1 would receive at least 2 hours of solar access.

· Acoustic privacy– the development is setback from Bobbin Head Road and would provide satisfactory acoustic separation. The layout of the development does not present any internal acoustic issues.

· Ceiling heights: Minimum 2.7m and are satisfactory.

· Dwellings size and layout: Rooms are sized appropriately for the use. The kitchens are on the small size.

· Storage: Storage is provided within the dwellings.

Safety

· Passive surveillance is provided to the communal access way.

· Privacy: There are no privacy concerns raised by the proposed development.

· Communal areas: The communal open space is accessible by all, it is overlooked by the road and also Dwellings 1 & 2 providing a safe and accessible area.

· Pedestrian access and entries: The pedestrian entrance is clearly visible from the street. Access to the dwellings is provided along the southern boundary. This area has good passive surveillance from the dwellings that have windows looking to this space. Apart from the lift that partially obstructs the view along the length – it has a clear line of sight from the street entry.

Aesthetics

· Improvements have been made to the external finishes and articulation. The two tiered room has been replaced so the top floor is contained within an attic roof form. The result is a highly satisfactory architectural outcome. The proposed development is simple in its architectural form, but well-articulated.

· The roof design is a traditional town house / terrace house form which is appropriate for the context. It steps with the topography providing visual interest.

Statutory Provisions

Acts

The proposal is “Local Development” under Part 4 of the Environmental Planning and Assessment Act, 1979, as amended, and requires development consent.

The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the regulations and policies are addressed below. The likely impacts, suitability of the site and public interest are also addressed.

State Environmental Planning Policies

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

The aim of SEPP 55 is to reduce the risk of harm to human health or any other aspect of the environment arising from contaminated land. The land has been historically used for residential purposes and unlikely to contain any contamination. No further investigation is considered necessary.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Amended BASIX Certificate (No. 687139M_02 dated 31 May 2016) was submitted in accordance with requirements in SEPP BASIX and the EP&A Regulation 2000. The BASIX commitments are incorporated in to the drawings and are achievable, subject to conditions (Condition 77).

Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

The aim of the plan is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. The proposed townhouse development is not located in scenic areas of the riverine corridor and is considered to be consistent with the aims of the plan.

Local content

Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015)

Zoning and permissibility

The site is located within the R3 Medium Density Residential zone. The proposed development is characterised as ‘multi dwelling housing’, and permissible with development consent.

Residential zone objectives

The objectives for the R3 Medium Density Residential zone are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

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

· To provide a transition between low density residential housing and higher density forms of development.

The proposal contributes to housing stock by providing an appropriate town house development suitably located between low and high density sites. The development is consistent with the objectives of the R3 Medium Density Residential zone.

Development standards

Development standard	Proposed	Complies
4.3 Height of buildings: maximum 11.5m	10.5m	YES
4.4 Floor Space Ratio: maximum 0.8:1	· GFA – 1,275.2m² · FSR - 0.8:1	YES
6.6 Requirements for multi dwelling housing and residential flat buildings:
Minimum lot size - 1,200m²	1,593m²	YES
Minimum lot width – 24m	24.38m	YES
Minimum lot depth – 24m	64m	YES

Clause 5.9 Preservation of trees or vegetation

The proposal involves the retention of 1 tree within the site, T4 Himalayan Cedar and the removal of 13 trees from the site. The impacts of the proposal on the tree to be retained have been assessed as acceptable, subject to conditions for protection measures to be implemented. The proposed tree removal is acceptable given that the trees do not have broader landscape significance and provide limited landscape amenity. It is proposed to replenish the site with new canopy trees and vegetation.

The development is consistent with the objectives of the clause to preserve trees and other vegetation that contribute to the amenity of the area.

Clause 5.10 Heritage conservation

The site is not a heritage item and is not located within a heritage conservation area. The proposed works do not affect any archaeological or Aboriginal objects or Aboriginal places of heritage significance.

The site is adjacent to a locally listed heritage item at 12 Bobbin Head, known as “Heatherbrae”.

The amended design has been assessed by Council’s Heritage Advisor as having adequate visual separation and acceptable impacts on the curtilage of “Heatherbrae”.

The development maintains the views and setting of the heritage item and is consistent with the provisions of Clause 5.10.

Clause 6.1 Acid sulphate soils

The site is located within a Class 5 Acid Sulphate Soil zone and the works are not within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum. The works are unlikely to lower the water table and therefore no further investigation is considered necessary.

Clause 6.2 Earthworks

The application involves earthworks, including excavation up to 5 metres for the basement level and retaining walls up to 1 metre high.

The proposed excavation facilitates the provision of a basement level for required parking and ancillary areas and the retaining walls facilitate level courtyard areas for the townhouses.

The proposed earthworks have been assessed against the relevant matters and are considered to be consistent with the provisions for the following reasons:

· the earthworks do not cause disruption of drainage patterns and soil stability or impacts on, any waterway, drinking water catchment or environmentally sensitive area

· the earthworks facilitate redevelopment of the land for residential purposes

· the earthworks do not adversely impact on the existing amenity of adjoining properties, noting that the lowered north facing courtyards minimise impacts to the private open space of dwelling at 12 Bobbin Head Road

· the excavated material is to be reused on site for cut and fill landscaping and the remaining material is to be appropriately disposed of

· given the developed residential context, it is unlikely that the proposed excavation will disturb relics

· a condition is recommended to ensure that the site is stabilised during construction works mitigating the potential impacts of soil erosion (Condition 13).

Clause 6.5 Stormwater and water sensitive urban design

The application involves the collection and discharge of all roof water to a combined below ground on-site detention tank and retention tank and discharge to the street. The application also involves the provision of water quality measures consistent with KDCP 2015 controls. The proposed water management measures are incorporated into the design and achieve the BASIX water commitments and KDCP 2015 controls. It is considered that the development incorporates water sensitive urban design principles and is consistent with the objective of the clause to minimise the adverse impacts of urban stormwater.

Policy provisions

Ku-ring-gai Development Control Plan 2015 (KDCP 2015)

Ku-ring-gai Development Control Plan was amended and came into effect on 24 June 2016 (Amended KDCP 2015). As the DA was lodged prior to 24 June 2016, the DA has been assessed against KDCP 2015 and considered against the Amended KDCP 2015.

COMPLIANCE TABLE
Development control		Proposed	Complies
Section A
Part 2 Site Analysis
Development applications are to contain a site analysis, site plan and statement of environmental effects that show how the proposed development responds to the site analysis.	A satisfactory site analysis, site plan and statement of environmental effects were provided with the application.			YES
Part 6 Multi-Dwelling Housing
Part 6A Site Design
6A.1 Site Layout
Site layout is to respond to the site analysis in Part 2 of this DCP.	The layout of the development on the site responds to the site analysis by addressing the street and orientating the majority of the dwellings towards to the north.			YES
Any dwelling with a frontage to the street (including a secondary street) is to address the street.	Two attached dwellings address the Bobbin Head Road street frontage.			YES
Hard surfaces are to be minimised to maximise opportunities for landscaping.	The application has been amended to ensure that pathways are minimised within the street frontage and around the site to maximise landscaping.			YES
Long straight driveways will not be permitted. Buildings and fences are to be staggered.	The proposal does not involve a long straight driveway. The building and front fencing aligns parallel to the street boundary.			YES
Provide a single pedestrian entry from the street. A second entry may be permitted where several dwellings address the street along an extended street frontage.	A single pedestrian entry from the street is proposed adjacent to the southern boundary.			YES
The preferred layouts for multi-dwelling housing development are shown in Figures 6A.1-1 to 6A.1-3.	The proposal is generally consistent with the suggested site layout for sites with less than 25m frontage.			YES
6A.2 Building Setback
Street setback
A minimum of 10m from the primary street boundary.	Front Setback - 12m and 13m			YES
The building line to any street is to be parallel to the prevailing building line in the streetscape.	The building line is parallel to the prevailing building line in the streetscape.			YES
Side and rear setbacks
A minimum setback of 3m is to be provided from any side boundary.	Northern setback – 7.75m Southern setback – 3.1m – 5.3m			YES YES
Where the dwellings are orientated towards side boundaries, the setback is to be at least 6m.	Northern setback – 7.75m Southern setback – 3.1m – 5.3m Refer to discussion later in this report.			YES NO
A minimum setback of 6m is to be provided from the rear boundary.	Rear setback – 6.2m			YES
Driveways are to be set back a minimum of 3m from the side boundary to allow for deep soil planting.	Driveway setback – nil - 3m (tapered) Refer to discussion later in this report.			NO
Setback areas are not to be used for at grade parking.	The setback area is not proposed not be used for at grade parking.			YES
Basement areas are to meet the street and rear setback requirements and be a minimum of 3m from any side boundary.	· Front setback – 12m and 13m · Rear Setback – 6.2m · Northern setback – 3m and 4.75m · Southern setback - 3m – 5.3m			YES
Encroachments
Ground floor private terraces/courtyards may encroach into the setback areas. The following minimum setback to the courtyard wall are to be retained to allow deep soil planting within the adjoining common areas: · 8m from the primary street boundary; · 4m from the secondary street boundary; · 3m from any side boundary; and · 4m from the rear boundary;	· Primary street boundary – 9m and 12.1m · South side boundary – min 3.2m · North side boundary – 3m · Rear boundary – 4m			YES
Ground floor private terraces/courtyards may encroach into the side setback only where the deep soil landscaping requirements are met.	The application was amended to increase the deep soil landscaping areas. This assessment finds that subject to the removal of the paved areas by adjacent to the courtyards of Dwellings 8 and 9, compliance with deep soil is achieved (Condition 2(b)).			YES
No more than 15% of the total area of any street setback is to be occupied by private terraces/courtyards.	1.6% of the street setback is occupied by the entry terraces.			YES
The following elements may also encroach into the setback areas, where they do not increase the apparent bulk of the building: · eaves; · open pergolas; · blades, fins, columns.	The portico is within the front setback and is considered an acceptable encroachment as it is an open entry structure within a landscape setting and does not increase the apparent bulk of the building. The pedestrian lift is 1.5m – 2.5m from the side southern boundary and is considered an acceptable encroachment as it is single storey, provides equitable access, still enables a landscaped setback and does not increase the apparent bulk of the building.			YES
6A.3 Building Separation
The minimum separation between residential buildings on the development site and any adjoining site is to comply with the following: Up to 2^nd storey · 3m between non-habitable rooms; · 6m between habitable rooms/balconies, and all other cases. 3^rd storey · 12m between habitable rooms/balconies; · 7m between habitable room/balcony and non-habitable room; · 3m between non-habitable rooms.	The application was amended to re-arrange the built form from two separated buildings to one single building in a “T” configuration. The habitable rooms are a minimum 13.5m from the residential flat building at 4-8 Bobbin Head Road.			YES
6A.4 Site coverage
The site coverage for multi dwelling housing may be up to a maximum 40%, provided that the deep soil landscaping requirements can be met.	622m² – 39%			YES
6A.5 Deep soil landscaping
Design
Multi-dwelling housing development is to have a minimum deep soil landscaping area of 40% of the site – 637sqm. A maximum of one third of the principal private open space area may be counted as deep soil landscaping.	Proposed - 631m² or 39.6% Compliance to be achieved by Condition 2(b).			YES by condition
Deep soil zones are to be configured to retain healthy and significant trees on the site and adjoining sites, where possible.	The deep soil zones are appropriately configured.			YES
Adequate deep soil areas for tree and screen planting are to be provided: · to all side boundaries; · of a minimum width of 4m along the rear boundary. This is to be within the common area.	Deep soil zones are provided to all side boundaries with 4m along the rear boundary. These areas are allocated as common areas.			YES
To maximise deep soil landscaping areas, driveways and on-site vehicle turning areas are not to dominate the street setback zone.	The driveway does not dominate the street setback.			YES
Tree replenishment and planting
Lots are to support a minimum of 1 tall tree per 350sqm of site area or part thereof, attaining a mature height of at least 13m on shale, transitional soils or 10m on sandstone derived soils.	A minimum of 5 trees are proposed.			YES
In addition to the tall trees, a range of medium trees, small trees and shrubs are to be selected to ensure that vegetation is predominantly in the view of buildings.	The landscape design is acceptable.			YES
Use of locally occurring and other native species is to be maximised. At least 50% of all tree planting chosen are to be locally occurring trees and spread around the site.	The landscape design is acceptable.			YES
6B Access and Parking
6B.1 Vehicle Access
Driveways are to be located at least 3m from any side boundary and be separated from the boundary by a continuous landscaped verge and screen planting.	Driveway setback – nil - 3m Refer to discussion later in this report.			NO
Not more than one driveway is to be established on any property.	One driveway proposed.			YES
Driveways are to be designed to avoid a straight, long gun barrel appearance by using appropriate landscaping and variations in alignment. Where parking is provided at grade, driveway areas are to be softened with landscaping. This may be a mix of continuous landscaping and landscape islands.	The driveway does not adopt a straight, long gun barrel appearance.			YES
On-site vehicle turning areas are to be designed to permit turning in a single reversing movement.	A single reversing movement is available.			YES
On-site vehicle turning areas are to be located within the basement or concealed from the view of the public domain.	The on-site vehicle turning area is located within the basement.			YES
Where a waste and recycling room is provided within a basement, the minimum finished ceiling height is to be 2.6m along the path of travel from the street to the residential waste collection and manoeuvring area. This clearance is to be kept free of any overhead ducts, services or other obstructions.	A 2.6m clearance provided.			YES
6B.2 Car Parking Provision
Car parking design
To maximise landscaping area, basement car park areas are to be consolidated under building footprints. Note: Basements may be permitted to extend under the space between buildings on the site provided deep soil landscaping controls are met.	The basement is consolidated under building footprint.			YES
The basement car park is not to project more than 1m above the existing ground level.	The basement does not project more than 1m above the existing ground level.			YES
Wherever possible, direct access to the entry of dwellings is to be provided from basement car parks.	Direct access unfeasible in this instance.			YES
Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1.	Council’s Development Engineer is satisfied that the car parking can comply.			YES
Garages are to be integrated within the building and located behind the building line.	The garages are internally integrated into the basement and not visible from the street. The opening to the basement is 3.6m wide.			YES
Car parking rates
Car parking is to be provided in accordance with the parking rates in Part 23R.2: · 6 x 3 bedrooms = 6 x 1.5 spaces/unit = 9 spaces · 3 x 4 bedrooms = 3 x 1.5 spaces/unit = 5 spaces · 9 dwellings - visitor space/4 dwellings = 3 visitor spaces · Total parking spaces required = 17 spaces	21 off-street parking spaces provided inclusive of 9 “double” garages and 3 visitor spaces within the basement. The visitor space at the rear of the basement is not viable. A condition is recommended requiring the deletion of this space and reallocation of a residential space to a visitor space (Condition 2(c)).			YES
At least one visitor car space is to be provided within the site for every 4 dwellings or part thereof.	3 visitor spaces provided.			YES
At least one visitor parking space is to be adaptable by complying with the dimensional and locational requirements of AS2890.6.	One adaptable visitor parking space provided.			YES
One visitor parking bay is to be provided with a tap, to make provision for on-site car washing.	One temporary parking space/carwash bay is provided.			YES
A clearly signposted space for temporary parking of service and removalist vehicles is to be provided. The space is to have a minimum dimension of 3.5m x 6m and a minimum manoeuvring area 7m wide. Where a separate space is not provided, one of the visitor spaces may be used, where it meets these dimensions.	A temporary parking space for service and removalist vehicles is provided.			YES
6B.3 Bicycle Parking Provision
Where basement parking is provided, the following rates of secure bicycle parking spaces and storage on site are required: · 1 bicycle parking space per 5 units or part thereof for residents within the 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 the visitor car park area.	Adequate basement storage is provided for bicycles.			YES
6C Building Design and Sustainability
6C.1 Communal Open Space
Where more than 10 dwellings are proposed that do not address the street, communal open space is to be provided in accordance with the controls in this Part.	The proposal involves less than 10 dwellings.			N/A
6C.2 Private Open Space
Multi-dwelling housing development is to provide a minimum (internal dimension) of 35sqm of private open space per dwelling at ground floor, and must ensure: · a single space of minimum 25sqm with a minimum internal dimension of 4m and direct access from a living area of the dwelling is provided; and · the remaining spaces have a minimum internal dimension of 2m.	All dwellings provide a single space of minimum 25sqm. Dwellings 3-8 do not provide a total minimum private open space of 35sqm. Refer to discussion later in this report.			NO
All private open space area requirements are exclusive of any areas for the provision of services, eg. air conditioning units.	The private open space areas are inclusive of the air conditioning units. Refer to discussion later in this report.			NO
The primary private open space is to have direct access from the main living areas.	Direct access provided.			YES
Private open space (outdoor) for ground dwellings is to be differentiated from common areas by: · a change in level; and/or · screen planting, such as hedges and low shrubs; and/or · a fence/wall to a maximum height of 1.8m. Any solid wall component is to be a maximum height of 1.2m with at least 30% transparent component above. A gate is to be provided to common areas.	The courtyards are differentiated from the common areas around the perimeter of the site by an open low fence and screen planting.			YES
A water outlet is to be provided to the primary private open space.	A condition is recommended to require a water outlet in the primary private open space (Condition 2(e)).			YES
6C.3 Solar Access
Buildings are to be oriented to optimise the northern aspect.	8 of the 9 dwellings are orientated to the north.			YES
Dwellings are to receive a minimum of three hours direct sunlight to at least one living room and the primary private open space between 9am and 3pm on 21st June.	All dwellings receive a minimum of 3 hours direct sunlight to at least one living room and the courtyards between 9am and 3pm on 21st June.			YES
Use light shelves, reflectors, lightwells, skylights, atriums and clerestories where possible to maximise the quantity and quality of natural light within internal areas.	None proposed.			N/A
The use of lightwells/skylights as a primary source of daylight in habitable rooms is prohibited.	None proposed.			N/A
All development is to allow the retention of at least three hours of sunlight between 9am and 3pm on 21st June to the living areas and the principal portion of the private and communal open space of: · existing residential flat buildings and multi-dwelling housing on adjoining lots; and · any residential development in adjoining lower density zones. Where existing overshadowing by buildings is greater than this, sunlight is not to be reduced by more than 20%.	The proposal maintains at least 3 hours of sunlight between 9am and 3pm on 21st June to the living area windows and balconies on the northern façade of the existing residential flat building at 4-8 Bobbin Head Road. The proposal overshadows part of the ground level private open space (lawn/garden area) of 3 apartments at 4-8 Bobbin Head Road. The principal portion of the private open space of these apartments is a terrace/courtyard area attached to internal living areas. The minimum 3 hours is maintained to these terrace areas and complies with the control.			YES
Overshadowing is not to compromise the development potential of the adjoining under-developed site(s).	The adjoining R4 site is already developed.			YES
Developments are to allow the retention of a minimum of 4 hours direct sunlight between 9am to 3pm on 21st June to all existing neighbouring solar collectors and solar hot water services.	The proposal does not overshadow neighbouring solar collectors and solar hot water services.			YES
Sun Shading
All developments are to utilise shading and glare control. Design solutions include: · providing external horizontal shading to north-facing windows, such as eaves, overhangs, pergolas, awnings, colonnades, upper floor balconies, and/or deciduous vegetation; · providing vertical shading to east and west windows, such as sliding screens, adjustable louvres, blinds and/or shutters; · providing shading to glazed and transparent roofs; · using low glare high performance glass with an overall 3 star Window Energy Rating Scheme rating (refer to www.wers.net); · using glass with reflectance below 20%. All shading devices are to be integrated into the building façade design.	Shading and glare control are integrated into the building facade.			YES
6C.4 Natural Ventilation
All habitable rooms are to have windows or doors that can be opened and closed.	Operable windows and doors provided.			YES
All dwellings are to have natural cross ventilation.	All dwellings are naturally cross ventilated.			YES
At least 25% of all kitchens are to be immediately adjacent to an operable window.	2 of 9 dwellings (22%) have kitchens that are immediately adjacent to an operable window. Refer to discussion later in this report.			NO
The building layout and section design are to increase the potential for cross ventilation.	All dwellings have a narrow depth and dual aspect with minimal interruptions and achieve natural cross ventilation which is an optimal outcome.			YES
Doors and operable windows are to be selected to maximise natural ventilation opportunities.	Sufficient openings of varied sizes are provided to maximise natural ventilation opportunities.			YES
All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights.	The proposal does not rely on skylights as a primary source of ventilation.			YES
6C.5 Dwelling Depth, Width and Room Size
The maximum internal plan depth of a dwelling is to be 14m from glass line to glass line.	The maximum internal plan depth is less than 14m.			YES
Each dwelling is to have a minimum dimension of 4m.	Minimum dimension of 5m provided.			YES
Living areas must have a minimum internal plan dimension of 4m.	Minimum dimension of 5m provided.			YES
Multi-dwelling housing development with two bedrooms is to have a minimum internal plan dimension of 3m (excluding wardrobe space) in all bedrooms.	Minimum dimension of 3m provided.			YES
Multi-dwelling housing development with three or more bedrooms are to have at least two bedrooms with a minimum internal plan dimension of 3m (excluding wardrobe space).	Minimum dimension of 3m provided.			YES
Built in wardrobes are to be provided: · to all studio apartments; · to all bedrooms in one and two bedroom apartments; · to at least two bedrooms in apartments of three or more bedrooms.	Built in wardrobes with a minimum depth of 600mm have been provided.			YES
6C.6 Dwelling Mix
All multi-dwelling housing developments are to 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.	One adaptable dwelling provided (Dwelling 3).			YES
6C.7 Building Entries
The entry path is to be directly accessible and visible from the street.	The main entry path is defined by a portico and directly accessible from Bobbin Head Road.			YES
Building entry is to 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.	The entry at street level is provided through a portico.			YES
On large development sites comprising multiple building blocks, clear entries, sightlines and way-finding signs are to be provided.	Not a large development site.			N/A
All entry areas must be well lit and designed to avoid any concealment or entrapment areas. All light spill is prohibited.	The entry area does not contain concealment or entrapment areas.			YES
6C.8 Building Facades
Building length is not to exceed 36m.	Maximum length 45m. Refer to discussion later in this report.			NO
All building facades are to 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 is to be stepped by a minimum 0.6m articulation (projection or indentation) in the facade. This can be achieved through the following: · expressing building layout or structure, such as vertical bays or party walls; · expressing the variation in floor to floor height, particularly at lower levels; · using a variety of window types to create a rhythm or express the building uses; · using recessed balconies and deep windows to add visual depth; and/or · using change of texture and colour.	Improvements have been made to the external finishes and articulation. The proposed development is simple in its architectural form and well-articulated.			YES
Building facades are to be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls.	The building facades integrate eaves and overhangs as environmental controls.			YES
All building elements including shading devices and awnings are to be coordinated and integrated within the overall facade design.	All building elements are coordinated and integrated with the overall facade design.			YES
When individual air conditioning units are used, they are not to be located on the building facade or on balconies or terraces.	The air conditioning units are located within the courtyards. Refer to the discussion later in this report.			NO
Balconies that run the full length of the building facade are not permitted.	No balconies that run the full length of the building façade are proposed.			YES
Balconies are not to project more than 1.2m from the outermost wall of the building facade.	The balconies in Dwelling 1 and 2 are within the roof form and do not project from the outermost wall of the building façade.			YES
Blade walls are not to be the sole element used to provide articulation.	Blade walls are not the sole element used to provide articulation.			YES
6C.9 Top Storey Design and Roof Forms
Where a third storey is proposed, the gross floor area of the top storey of a multi-dwelling housing development is not to exceed 60% of the gross floor area of the storey immediately below it.	GFA – 228.4m2 or 43%			YES
Where the third storey is not incorporated within the roof form, it is to be set back from the outer wall of the floor below on all sides.	The third storey has been incorporated within the roof form.			YES
Attics are permissible subject to being within a hipped or gabled roof where the maximum roof pitch is 35o. They are to be designed to fit within the building envelope (with the exception of dormer windows) and are not to increase the bulk and height of the roof.	The proposed attic forms with dormers are acceptable.			YES
Dormer windows which are no higher than the height of the main roof of the building, and no greater than 1.5m in width, may be included.	Dormer windows – 2m wide Refer to discussion later in this report.			NO
Service elements such as drainage pipes and communication devices are to be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development.	The services are integrated into the building.			YES
Roof design is to respond to solar access, for example, by using eaves and skillion roofs.	Roof design responds to solar access.			YES
Roof forms are to be modulated or broken, especially for long facades.	Roof design is modulated.			YES
Where solar panels are provided they are to be integrated into the roof line.	None proposed.			N/A
Lightweight pergolas, privacy screens and planters are permitted on roof terraces, provided they do not increase the bulk of the building or create visual clutter.	No roof terrace proposed.			N/A
6C.10 Internal Ceiling Heights
All multi-dwelling housing developments are to comply with the following minimum ceiling heights, measured from finished floor level (FFL) to finished ceiling level (FCL): · 2.7m for all habitable rooms; · 2.25m for all non-habitable rooms.	Minimum 2.7m provided.			YES
6C.11 Visual Privacy
Buildings are to be designed to ensure privacy. In addition to design options outlined in Part 24.6, design measures may also include: · off-setting balconies in relation to adjacent balconies; · using recessed balconies and/or vertical fins between adjacent private balconies; · using louvres/screen panels to windows and balconies; · incorporating planter boxes into walls or balustrades to increase the visual separation between areas; · utilising pergolas or shading devices to limit overlooking of lower building levels or common and private open space.	Suitable visual privacy is achieved through: · The development is separated by more than 12m from the principal living areas of neighbouring properties. · The application was amended to convert third storeys into attic roof forms, reducing windows at the top storey and minimising overlooking impacts to neighbouring properties. · No balconies are proposed that address the side or rear boundaries. · Existing and proposed screen landscaping within the side and rear boundary setback will minimise privacy impacts. · Fin walls and 1.8m high privacy fences are provided between private courtyards.			YES
Continuous transparent balustrades are not permitted to balconies/terraces.	No continuous transparent balustrades are proposed.			YES
Screening between dwellings is to be integrated with the overall building design.	Screening devices are integrated into the design of the building.			YES
Landscaped screening is to be provided to adjoining site(s).	Landscape planting is proposed adjacent to the site boundaries.			YES
6C.12 Storage
Storage space are to be provided at the following minimum volumes: · 12m3 for dwellings with three or more bedrooms	Minimum 12m3 for each dwelling is provided within the dwellings.			YES
6C.13 External Air Clothes Drying Facilities
Provide one external air clothes drying area for each dwelling.	An external air drying area is capable of being provided within the private open space of each dwelling.			YES
6C.14 Fencing
Front fences and walls (to a public street) and side fences in the street setback are not to be higher than: · 0.9m if of closed construction (such as masonry, lapped and capped timber or brushwood fences); or · 1.2m if of open construction (such as open paling and picket fences).	Proposed front fence is 1.2m high with solid piers and open palisade infill. The proposed side fence in the street setback exceeds 1.2m in height. A condition is recommended requiring the fence within the street setback is no higher than 1.2m (Condition 2(a)).			YES YES by condition
Fences and walls are to step down and follow the natural contours of the site.	The front fence is proposed to step down and follow the natural contours of the site.			YES
Hedges and shrub planting are desirable but no higher than 1.2m along the entire front boundary.	New hedge planting is proposed behind the new fence.			YES
All fencing is to be designed to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas.	The fencing is compatible.			YES
External finishes for fencing is to be robust and graffiti resistant.	The external finish is masonry and metal.			YES
Part 13 Tree and Vegetation Preservation
13.1 Tree and Vegetation Works
The injury of any tree or other vegetation protected under this DCP is prohibited without the written consent of Council.	The proposal involves the removal of 13 trees. Council’s Landscape Officer is satisfied that the proposal will retain and protect important vegetation.			YES
Section B
Part 15 Site Design for Water Management
15.3 Locating the Development on Site
The development must not be located so as to impede, divert or increase the rate or concentration of stormwater flow across a boundary onto adjoining private property (eg. by placing a solid wall along a boundary).	Council’s Development Engineer is satisfied that the development complies with the control.			YES
Sufficient space must be allowed on the property for the installation and operation of water management measures as required in this Part and Part 25 of this DCP.	The proposal integrates water management measures on the site.			YES
No more than 10,000 litres of rainwater tank storage may be located above ground.	The common rainwater tank system is located below ground.			YES
Stormwater management devices such as on site detention systems and large water tanks, should be located within the basement or beneath other impermeable areas. eg - driveways.	The proposed on site detention system and retention tank is located within the basement.			YES
Where there is more than one dwelling, stormwater management devices should be located in common areas.	The stormwater management devices are located in common areas.			YES
The stormwater management system must not result in changes to the existing ground levels within the dripline of trees to be retained.	The proposed stormwater infrastructure does not result in changes to the existing ground levels within the dripline of the street trees.			YES
Part 16 Land Contamination
The site may be considered ‘potentially contaminated land’, and have requirements for development applications and remediation works on contaminated land.	Not considered to be potentially contaminated land.			N/A
Part 20 Heritage and Conservation Areas
Ensure new development in the vicinity of Heritage Items respect the heritage context and is sympathetic in terms of form, scale, character, bulk, orientation, setback, colours and textures and does not mimic or adversely affect the significance of Heritage Items and their settings.	The amended design has been assessed by Council’s Heritage Advisor as having adequate visual separation and minimal impacts on the curtilage of 12 Bobbin Head Road.			YES
Section C
Part 22 General Site Design
22.1 Earthworks and Slope
Development must be accommodated within the natural slope of the land. Level changes across the site are to be primarily resolved within the building footprint.	The site experiences a slope from the higher rear boundary to the low front boundary. The level change is resolved through the design of the building with internalised stepping down the site.			YES
Landscape cut or fill should not be more than 600mm above or below natural ground line.	The landscape cut and fill is generally no more than 600mm above or below natural ground line.			YES
A minimum 0.6m 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.	Greater than 0.6m width is provided between retaining walls.			YES
Existing ground level is to be maintained for a distance of 2m from any boundary.	Existing ground level is generally maintained for a distance of 2m from all boundaries.			YES
Retaining walls, excavated and filled areas shall be located and constructed to have no adverse impact on: · structures on adjacent public or private land; · trees to be retained on site or on adjoining sites.	Retaining walls, excavated and filled areas have no adverse impact on structures on adjacent public or private land or trees to be retained on site or on adjoining sites.			YES
22.2 Landscape Design
To ensure landscape design contributes to the landscape character of Ku-ring-gai.	Council’s Landscape Officer has assessed the landscape plan and is satisfied that the design and plantings are acceptable.			YES
Part 23 General Access and Parking
23.1 Equitable Access
Applications must demonstrate how access to and within development meets the requirements of the Disability Discrimination Act 1992 (DDA).	An access report was submitted demonstrating that access to and within development meets the requirements of the Disability Discrimination Act 1992 (DDA). Conditions are recommended to ensure equitable access is provided (Conditions 23, 30 31 and 80).			YES
Entry access ramps for people with a disability must be located within the site and must not dominate the front façade.	Proposed entry access ramps do not dominate the front façade.			YES
Building entries are to be clearly visible from the street. Where site configuration is conducive to having a side entry, the path to the entry must be obvious from the street.	The building entry is clearly visible from the Bobbin Head Road frontage.			YES
Ensure pedestrian areas have clear sightlines, are appropriately lit and overlooked by buildings that provide street level activity.	The pedestrian areas have clear sightlines within the site and to the street.			YES
Access ways for pedestrians and for vehicles are to be separated.	Access for pedestrians and vehicles are separated.			YES
23.2 General Vehicle Access
Car park entry and egress, for developments other than low density residential, must be provided from secondary streets or lanes where these are available.	Council’s Development Engineer is satisfied that the proposed vehicular access has been adequately designed to achieve the control requirements.			YES
Vehicle access driveways must be set back a minimum of 10m from street intersections or as specified in Clause 3.2.3 of AS2890.1 (whichever is the greater). Refer to Figure 23.2-1.	The driveway is set back greater than 10m from the intersection.			YES
Vehicle and pedestrian access to buildings must be separated and clearly distinguished. Vehicle access must be located a minimum of 3m from pedestrian entrances. Refer to Figure 23.2-1.	Vehicle and pedestrian access is separated.			YES
Provide clear sight lines at pedestrian and vehicle crossings.	Clear sight lines provided.			YES
Driveway width – 3.7m – 6m	The driveway width is 3.7m and complies.			YES
Vehicles must be able to enter and leave the site in a forward direction.	Provided.			YES
Vehicle entries and service areas are to be set back or recessed from the main facade line and integrated into the overall façade design, so as not to dominate the building elevation.	The entry is recessed and service areas contained within the basement.			YES
Service ducts, pipes and storage facilities must not be visible from the street.	A condition is recommended (Condition 29).			YES
23.3 Basement Car Parking
A logical and efficient structural grid must be provided to the basement car park areas.	Council’s Development Engineer is satisfied that the proposed vehicular access has been adequately designed to achieve the control requirements.			YES
The minimum height between floor level and an overhead obstruction is to be 2.2m, except for the following: i) 2.5m for parking area for people with a disability; ii) 2.6m for residential waste collection and manoeuvring area; and	Minimum clearances are provided.			YES
Where natural ventilation is not possible, a ventilation system for the basement car park is to be provided and designed in accordance with AS1668.2 The use of ventilation and air conditioning in buildings - Ventilation design for indoor air contaminant control. Monitoring of CO2 and variable speed fans are to be provided with any basement car park mechanical ventilation systems.	A condition is recommended for a ventilation systems to be provided and designed in accordance with AS1668.2 The use of ventilation and air conditioning in buildings - Ventilation design for indoor air contaminant control (Conditions 78 and 90).			YES
Unimpeded access to visitor parking and waste and recycling rooms located within a secure basement parking must be maintained.	A condition is recommended for intercom access (Condition 2(f)).			YES
Vehicle access ways to basement car parking must not be located in direct proximity to doors or windows of habitable rooms.	Doors or windows of habitable rooms do not affect the operation of the driveway.			YES
Where visitor parking is situated behind a security screen or grille, intercom access for visitors must be provided in a safe location within the driveway.	A condition is recommended (Condition 2(f)).			YES
23.4 Visitor Parking
Where visitor parking is required by this DCP, the spaces are to be provided on site and clearly marked.	Complying visitor parking provided.			YES
23.5 Parking for People with a Disability
Accessible car parking spaces are to be level and have a continuous path of travel to the building’s principal entrance or lift.	Complying accessible parking capable of being provided, a condition is recommended (Condition 38).			YES
23.7 Bicycle Parking and Facilities
Bicycle parking and storage facilities are to be designed in accordance with AS2890.3 .	Capable.			YES
Part 24 General Building Design And Sustainability
24.3 Building Services
All applicants must consult with service providers such as energy, electricity, gas, water, telephone and fire.	A condition is recommended to ensure that service and utilities are contacted prior to issue of a construction certificate (Condition 41).			YES
Services and structures required by the providers are to be located within basements, or concealed within the facade, with appropriate access.	Services and structures are capable of being located within the basement or concealed within the façade.			YES
Ventilation stacks are to be concealed within the building. Where they exhaust at street level (eg. from basements) they should be integrated within the design of the site.	Ventilation is integrated within the building.			YES
With the exception of dwelling houses, all buildings must accommodate proposed or future air conditioning units within the basement or on rooftops, with provision of associated vertical/ horizontal stacks to all sections of the building.	The air conditioning units are located within the courtyards. Condition 2(d) requires relocation of the air conditioning units to the basement.			YES by condition
Air conditioning units located on the roof will only be permitted where they are well screened, integrated into the building form and do not result in adverse noise impacts on neighbouring occupants.	No air conditioning units located on the roof.			N/A
24.4 Waste Management
All waste and recycling storage containers must be stored within the boundary of the subject site.	All waste and recycling storage containers are to be stored within the boundaries.			YES
24.5 General Acoustic Privacy
Development is to be designed to minimise the impact of external noise sources (eg busy roads, railways, swimming pools, heavy vehicle entries) on the internal and external spaces used by occupants.	An Acoustic Report prepared by Acoustic Logic was submitted outlining construction measures necessary to minmise noise intrusion and meet maximum noise criteria. A condition is recommended to ensure that the development satisfies maximum noise criteria (Condition 33).			YES
Balconies and other external building elements are to be designed and located to minimise infiltration and reflection of noise onto the facade.	The balconies are recessed and minimise reflection of noise onto the façade.			YES
When designing and siting active open space areas (eg BBQ areas, swimming pools, communal areas etc) regard must be paid to potential noise impacts on adjacent rooms and buildings, such as bedrooms.	No communal open space.			N/A
The noise level from air conditioning systems is not to exceed the Laeq 15 minute by 5dBA measured at any bedroom window.	A condition is recommended to ensure that noise from machinery does not exceed maximum criteria (Conditions 34 and 93).			YES
24.6 General Visual Privacy
Private open spaces and principal living spaces of the proposed dwelling/s and adjacent dwellings are to be protected from direct or unreasonable overlooking.	The private open spaces and principal living spaces of the adjacent dwellings and units protected from overlooking through a combination of separation, fencing and screen landscaping.			YES
24.7 Sustainability of Building Materials
Development proposals must consider the following in the selection of building materials: · recycled or recyclable materials with low embodied energy; · materials that come from renewable sources; · materials that generate a lower environmental cost over time; · materials with a low life cycle cost and/or high durability; · production methods with a low environmental impact.	The building is constructed from the following building materials, concrete, brick and tiles. These materials are considered to have low embodied energy and high durability.			YES
24.8 Materials and Finishes
External walls must be constructed of high quality and durable materials and finishes.	The external walls are rendered and painted brick.			YES
Large, unbroken expanses of any single material and finish (rendered or not) to building facades must be avoided.	No large unbroken expanse of a single material is proposed.			YES
New development is to avoid extensive use of highly reflective or gloss materials on the exterior of buildings.	The exterior of building will take on a matte finish.			YES
For buildings of 3 storeys and above, a large expanse of sandstone or face brick is not to be used on the upper levels of the buildings.	Not greater than 3 storeys.			N/A
The exterior finish material (eg. sandstone or brick) must be integral to the overall building façade design and must not appear to be cosmetic.	The materials are integral to the overall building façade design.			YES
Highly contrasting coloured bricks are to be restricted to use on building elements such as sills, window heads, string courses and to assist in the division of the building into bays.	No contrasting coloured bricks proposed.			N/A
For buildings of 3 storeys and above, lightweight materials and finishes (eg. timber and copper/steel) are encouraged for the upper levels of buildings to assist in minimising the bulk and scale of the building.	Not greater than 3 storeys.			N/A
Where louvres are used, they are to be an integral element in the building façade design (e.g. west facing windows).	No louvres proposed.			N/A
Where building cladding is used, consider dual purpose solutions. For example, use of photovoltaic cells mounted on panels used for cladding.	No cladding proposed.			N/A
For buildings of 3 storeys or above, recessive colours are encouraged for the upper levels of buildings to assist in minimising the bulk and scale of the building.	Not greater than 3 storeys.			YES
24.10 Construction, Demolition and Disposal
Site disturbance during construction or demolition must be minimised. A site management plan showing tree protection areas, machinery usage zones, storage areas, dust sheets and location of stormwater pollution barriers may be required.	A site management plan was submitted.			YES
Part 25 Water Management Controls
Stormwater must be discharged and managed in accordance with the controls in Part 15 and part 25 of KDCP 2015.	Council’s Development Engineer is satisfied that the proposal has been designed to manage urban stormwater run-off as per the control requirements of the DCP, subject to conditions.			YES

Issues

Building setback impact on adjoining heritage item

The site adjoins an item of local heritage significance, known as “Heatherbrae”, at No. 12 Bobbin Head Road. Under Part 20F of KDCP 2015, new development that adjoins a heritage item must be set back behind the front building alignment of the heritage item. The proposed townhouses are 19m forward of “Heatherbrae”. The variation is acceptable in this instance for the following reasons:

(i) The townhouses were originally set back 10m from the front boundary and complied with the front setback controls in Part 6 of KDCP 2015 that apply to townhouse development. In response to concerns raised with the form and aesthetic of the building and its relationship with the heritage item, the application was amended to:

o provide an increased and stepped 12m and 13m setback from the front boundary to reflect the setback of the existing house on the site

o the first floor balconies were deleted

o a more conventional roof appearance was provided that responded to the height of “Heatherbrae”

o fenestration facing Bobbin Head Road is of more traditional proportions

o the attic level rooms have been reduced to two rooms facing Bobbin Head Road, and

o the large balconies have been amended to appear more as “openings” in the roof form

(ii) The majority of plantings along the northern side of the development site will be retained and supplemented with additional new plantings.

(iii) Subject to amending the roof tile to a Marseille pattern tile, the aesthetics are appropriate (Condition 21).

(iv) Council’s Heritage Advisor is satisfied that the increased and stepped front setback, the screening by the trees in the northern setback and changes to the aesthetics result in an acceptable impact on “Heatherbrae”.

(v) The location of the built form on the site is reasonable given that the site is zoned for townhouse development, strict compliance with Part 20F would make a townhouse development unfeasible, and the amended proposal appropriately transitions from the high density units to the south to the low density heritage item to the north.

(vi) The objectives of the control are otherwise achieved.

Southern side setback

Under Part 6A.2 of KDCP 2015 dwellings that are orientated to side boundaries must have a setback of 6m. The proposed setback to the southern boundary varies between 3.1m – 5.3m. The variation is acceptable in this instance for the following reasons:

(i) The windows on the southern elevation are at ground and first floors and the majority are set back 4.5m-5.3m.

(ii) The third storey was deleted to create an attic roof form and delete all windows facing the southern boundary.

(iii) The southern setback still enables a satisfactory level of deep soil landscaping and screen planting.

(iv) The objectives of the control are otherwise achieved.

Driveway setback

Under Part 6A.2 and 6B.1 of KDCP 2015 driveways are to be set back a minimum of 3m from the side boundary to allow for deep soil planting. The proposed driveway has a tapered setback of nil to 3m from the northern boundary. The variation is acceptable in this instance for the following reasons:

(i) The driveway originally complied with the 3m control, however, to avoid potential impacts to a significant tree T4, Council requested that the driveway be relocated.

(ii) The proposed driveway maintains the setback of the existing driveway.

(iii) The setback still enables sufficient deep soil landscaping.

(iv) The objectives of the control are otherwise achieved.

Deep soil area

Under Part 6A.5 of KDCP 2015, a minimum of 637sqm of deep soil area is required to be provided. The proposal results in 631sqm or 39.6% of deep soil area and results in a variation of 6sqm. A condition is recommended requiring the removal of the paved areas adjacent to the courtyards of Dwellings 8 and 9, so as to achieve compliance with the deep soil control (Condition 2(b).

Private open space

Under Part 6C.2 of KDCP 2015, a total minimum private open space area of 35m²is required. Dwellings 3-8 only provide a principal space of 25m². The variation is acceptable in this instance for the following reasons:

(i) All dwellings provide the single space of minimum 25m² directly accessible from the internal living areas.

(ii) The courtyards offer a functional and desirable private outdoor recreation area with an optimal northerly aspect.

(iii) The proposal complies with the new 6C.2 control in Amended KDCP 2015, that only requires a total area of 25m².

(iv) The objectives of the control are otherwise achieved.

Natural ventilation

Under Part 6C.4 of KDCP 2015, at least 25% of all kitchens are to be immediately adjacent to an operable window. Only 2 or 22% of the dwellings have a kitchen immediately adjoining an operable window. The variation is acceptable in this instance for the following reasons:

(i) The proposal originally complied with the 25% control, however, Council requested amendments to the configuration of the built form on the site, for urban design and heritage reasons, that subsequently turned the proposal from two buildings into one, reducing the amount of external walls and external windows to kitchens.

(ii) The kitchens are within an open plan configuration and located at the rear of the open plan area. This is a satisfactory layout as it enables the living room to adjoin the external courtyards, as required under private open space provisions in KDCP 2015.

(iii) The objectives of the control are otherwise achieved.

Building facade length

Under Part 6C.8 of KDCP 2015 requires a maximum building length of 36m. The proposed maximum building length is 45m along the southern elevation. The variation is acceptable in this instance for the following reasons:

(i) The proposal originally complied with the 36m control, however, Council requested amendments to the configuration of the built form on the site for, urban design and heritage reasons, that subsequently turned the proposal from two buildings into one, elongating the building. The amendments increased the front and side setbacks and deep soil landscaping, maximising opportunity for landscaping and screening of the development from adjoining properties and the street.

(ii) The building facades are suitably articulated and modulated to reduce the bulk and scale of the building.

(iii) The objectives of the control are otherwise achieved.

Air-conditioning units

Under Part 6C.8 of KDCP 2015, air conditioning units are to be concealed and located in the basement or in the roof form. The air conditioning units are located within the private courtyards, are not concealed and occupy room that may be used for private use. A condition is recommended requiring the air conditioning units to be relocated to the basement (Condition 2(d)). It is noted that the removal of a visitor space at the rear of the basement allows for sufficient room to accommodate the units.

Dormer windows

Under Part 6C.9 of KDCP 2015, dormer windows must be no greater than 1.5m in width. The proposed dormers on the northern elevation are 2m wide. The variation is acceptable in this instance for the following reasons:

(i) The third storey was deleted to create an attic roof form and contain habitable areas within the roof form, providing a sympathetic roof form and minimising the visual bulk of the building. The amendments to the roof form are assessed by Council’s Urban Design consultant as a highly satisfactory architectural outcome.

(ii) The proportions of the dormers are consistent with the width of the townhouses (5m wide, not the minimum 4m wide) and proportion of the windows on the first floor below.

(iii) The objectives of the control are otherwise achieved.

Ku-ring-gai Contributions Plan 2010

The development involves the demolition of an existing freestanding single family dwelling and the construction of 9 townhouses.

The development is subject to Section 94 contributions, levied in accordance with Ku-ring-gai Contributions Plan 2010. A credit for the existing freestanding single family dwellings is applied to the calculation in accordance with Part 1.17 of Ku-ring-gai Contributions Plan 2010. A condition is recommended requiring the payment of Section 94 contributions (Condition 44).

Likely Impacts

The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.

Suitability of the Site

The site is suitable for the proposed development.

Public Interest

The proposal is considered to be in the public interest.

Conclusion

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.

Recommendation

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0567/15 for the demolition of the existing structures and construction of a town-house development comprising of 9 single attached dwellings with underground parking and associated landscaping at 10 Bobbin Head Road, Pymble for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions

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:

Plan no.	Drawn by	Dated
DA01, DA03, DA05, DA06, DA07, DA08, DA09 and DA12 Issue B	Architectural Solutions	May 2016
DA02, DA04, DA10 and DA11 Issue C	Architectural Solutions	June 2016
Landscape plan L001 Revision B	Peta Gilliland Landscape Design	31 May 2016
Stormwater plan 11411-02 Issue B	ING Consulting Engineers Pty Ltd	21 May 2016
Stormwater plans 11411-01, 11411-03, 11411-04 Issue B	ING Consulting Engineers Pty Ltd	30 May 2016

Document(s)	Dated
Colours and Finishes Schedule, prepared by Architectural Solutions	May 2016
BASIX certificate No. 687139M_02	31 May 2016
Acoustic Report Ref 20150175.1/1703A/R1/HP Prepared by Acoustic Logic	17 March 2015
Access Report Prepared by Independent Living Centre NSW	8 December 2015
Geotechnical report 2897-R1 prepared by Asset Geotechnical	February 2015

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

2. Amended architectural plans

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved plans listed in Condition 1 above and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

(a) The height of the side boundary fencing between the front boundary and front of the building must be a maximum 1.2m in height.

(b) The paved areas adjacent to the courtyards of Dwellings 8 and 9 are to be removed and replaced with soft landscaping.

(c) The visitor parking space at the rear of the basement is to be deleted and one of the residential parking spaces re-allocated as a visitor space.

(d) The air conditioning units are to be re-located from the courtyards to the basement level.

(e) A water outlet must be provided in the primary private open space of each dwelling.

(f) Intercom access for visitors must be provided in a safe location within the driveway.

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:

Plan no.	Drawn by	Dated
Landscape plan L001 Revision B	Peta Gilliland	31 May 2016

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

4. 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.

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

5. 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

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. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

8. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:

Public infrastructure

(a) Full road pavement width, including kerb and gutter, of Bobbin head Road over the site frontage, including the full intersection.

(b) All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works commence.

9. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office.

Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.

Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

10. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

(a) 4-8 Bobbin Head Road, Pymble (northern side of front building)

(b) 12 Bobbin Head Road, Pymble

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

11. Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.

The plan is to consist of a report with Traffic Control Plans attached.

The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The TMP applies to all persons associated with demolition, excavation and construction of the development.

The report is to contain construction vehicle routes for approach and departure to and from all directions.

The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for the longest heavy rigid vehicle.

The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:

(a) Demolition

(b) Excavation

(d) Construction of vehicular crossing and reinstatement of footpath

(e) Traffic control for vehicles reversing into or out of the site.

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.

NO construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days.

When a satisfactory TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will be issued for any non-compliance with this condition.

Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

12. Work zone

A works zone shall be provided along the site frontage. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.

13. 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 Landcom 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.

14. 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.

Tree/Location	Radius from trunk
T1 Eucalyptus pilularis (Blackbutt) Bobbin Head Rd road reserve in front of site	Top of kerb, 1.0m west, 3.5m elsewhere
T4 Cedrus deodar (Himalayan Cedar) Front setback	3.5m north, 5.0m west, 6.0m elsewhere
Mixed shrub screening hedge Northern site boundary	1.5m
T12 Phoenix canariensis (Canary Island Date Palm) Northern site boundary in neighbouring site	4.0m
T17 Archontophoenix cunninghamiana (Bangalow Palm) South-west site corner	1.5m north, 3.0m elsewhere

Reason: To protect existing trees during the construction phase.

15. 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.

16. 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

(a) This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted.

(b) Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report.

(d) The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council.

(e) The name, address, and telephone number of the developer.

Reason: To protect existing trees during the construction phase.

17. Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.

Reason: To protect existing trees during the construction phase.

18. Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed:

Tree/Location

T4 Cedrus deodar (Himalayan Cedar) Between required tree protection fencing and proposed building footprint on western side of the tree

Reason: To protect existing trees during the construction phase.

19. Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by 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.

20. Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.

The plan shall address all issues identified in Ku-ring-gai DCP Part 24.5, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

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

21. Roof tiles

The proposed roof tiles are to be amended to be either traditional red terracotta Marseille pattern tile or a concrete terracotta coloured Marseille pattern tile.

Reason: To protect heritage items and heritage conservation areas.

22. Noise and vibration management plan

Prior to commencement of any works the Principal Certifying Authority shall be satisfied that a noise and vibration management plan is prepared to ensure noise generated during excavation, demolition and construction phases is minimised and reasonable standards of amenity to neighbouring properties is provided.

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

23. Visitable dwellings

Plans demonstrating compliance with Council's visitable housing requirements contained within Part 23.1 of KDCP 2015 are to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

A visitable dwelling is a dwelling that can be accessed by people who use wheelchairs in that there must be at least one accessible entry and accessible path of travel to the living area and to a toilet that is either accessible or visitable as defined by AS 4299.

At least 70% of dwellings within the development must be visitable.

Reason: To ensure equitable access.

24. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

Plan no.	Drawn by	Dated
Landscape plan L001 Revision B	Peta Gilliland	31 May 2016

The above landscape plan(s) shall be amended in the following ways:

(a) The proposed stepping stone paving adjacent to the northern side of the proposed terrace is to be deleted and the area planted out with small ornamental shrubs, groundcovers and/or ornamental grasses.

(b) Proposed courtyard fencing for Dwellings 1 & 2 within the eastern setback/site frontage shall be detailed to provide notation that the fencing is to be a metal open palisade style to a maximum height of 1.2m.

(c) Notation is to be placed on plan that the proposed pedestrian path within a 6.0m radius of T4 is to be constructed on top of existing grade with no excavation.

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.

Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason: To ensure adequate landscaping of the site

25. Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason: Statutory requirement.

26. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason: Statutory requirement.

27. Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.

28. Air drying facilities

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.

In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Amenity & energy efficiency.

29. External service pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.

Reason: To protect the streetscape and the integrity of the approved development.

30. Access for people with disabilities (residential)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

31. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, Dwelling No. 3, are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access & amenity.

32. Recycling and waste management

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with Council’s DCP. The garbage collection point is to be accessible by Council’s Waste Collection Services.

The responsibility for:

(a) the cleaning of waste rooms and waste service compartments; and

(b) the transfer of bins within the property, and to the collection point once the development is in use;

shall be determined when designing the system and clearly stated in the Waste Management Plan.

Note: The architectural plans are to be amended and provided to the Certifying Authority.

Reason: Environmental protection.

33. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason: To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

34. Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm –6.00 am) when measured at the boundary of the site.

C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

Reason: To comply with best practice standards for residential acoustic amenity.

35. Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

36. Driveway grades - basement carparks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

(a) vehicular access can be obtained using grades of 20% (1 in 5) maximum and

(b) all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

37. Basement car parking details

Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:

(a) all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 - 2004 “Off-street car parking”

(b) a clear height clearance of 2.6 metres is provided over the designated garbage collection truck manoeuvring areas within the basement

(c) no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

(d) the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans

(e) the visitor parking space located at the western end of the basement is to be deleted. A total of 3 visitor spaces are to be provided with one of the residential spaces being reallocated to a visitor space.

Reason: To ensure that parking spaces are in accordance with the approved development.

38. Car parking allocation

Car parking within the development shall be allocated in the following way:

Resident car spaces	17
Visitor spaces	3
Total spaces	20

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

39. Number of bicycle spaces

The approved bicycle parking spaces in the basement shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason: To provide alternative modes of transport to and from the site.

40. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

41. Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason: To ensure compliance with the requirements of relevant utility providers.

42. Underground services

All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.

Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.

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

43. Infrastructure damage security bond and inspection fee

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

(a) All work or activity undertaken pursuant to this development consent 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 consent 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 damage security bond and infrastructure inspection fee must be paid to 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 damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will 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 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 damage security bond payable pursuant to this condition.

(e) In this condition:

a. “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

b. “Infrastructure damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as 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.

44. 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 (based on the March 2016 Quarter figures):

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$18,777.12
Local parks and local sporting facilities	$138,187.52
Total:	$156,964.64

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 subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

Contributions outside the designated centres may be subject to a maximum contribution total in accordance with the s94E Direction issued by the Minister for Planning dated 21 August 2012, for so long as it remains legally in force. If the total amount above is an exact multiple of $20,000 then the contributions calculated in accordance with Ku-ring-gai Contributions Plan 2010 exceeded the maximum contribution payable and have been capped. If the process of inflation carries the contribution above over the maximum amount permitted by the s94E Direction prior to payment, the amount will be limited at time of receipt. Please contact Council to verify the total contributions payable prior to payment.

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:

45. 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.

46. 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:

(a) The work must be carried out in accordance with the requirements of the Building Code of Australia

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

Reason: Statutory requirement.

47. Hours of work

Demolition, 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 using machinery must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. No excavation using machinery is to occur on Saturdays, Sundays or public holidays.

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.

48. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

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

49. 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.

50. 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.

51. 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:

(a) 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

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

(d) 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

(e) 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.

52. 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:

(a) 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

(b) 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

(d) 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

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

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

(g) gates shall be closed between vehicle movements and shall be fitted with shade cloth

(h) cleaning of footpaths and roadways shall be carried out daily

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

53. Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:

(a) compare the post-construction dilapidation report with the pre-construction dilapidation report

(b) have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.

Reason: Management of records.

54. Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

(a) appropriate excavation method and vibration control

(b) support and retention of excavated faces

must be undertaken in accordance with the recommendations of the Geotechnical report 2897-R1 dated February 2015 prepared by Asset Geotechnical. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason: To ensure the safety and protection of property.

55. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason: To ensure safety and amenity of the area.

56. 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.

57. 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.

58. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

59. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

60. Construction signage

All construction signs must comply with the following requirements:

(a) are not to cover any mechanical ventilation inlet or outlet vent

(b) are not illuminated, self-illuminated or flashing at any time

(d) refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken

(e) are restricted to one such sign per property

(f) do not exceed 2.5m²

(g) are removed within 14 days of the completion of all construction works

Reason: To ensure compliance with Council's controls regarding signage.

61. Maintenance period for works in public road

A maintenance period of six (6) months applies to all work in the public road reserve carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.

Reason: To protect public infrastructure.

62. 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.

63. 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.

64. 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.

65. 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 CoOrdinator. 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 CoOrdinator, 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.

66. Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by a qualified Arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Tree/Location

Time of inspection

T4 Cedrus deodar (Himalayan Cedar) Front setback

· 1 week prior to the commencement of ANY works on site

· Certification of correct tree protection fencing as required by consent conditions

· At the completion of demolition works *Direct supervision of bulk excavation works within 7.0m radius.

· At three monthly intervals during construction works

· At completion of all works on site and prior to the issue of the Occupation Certificate

Reason: To ensure protection of existing trees.

67. 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.

68. 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:

Tree/Location	Radius from trunk
T1 Eucalyptus pilularis (Blackbutt) Bobbin Head Rd road reserve in front of site	3.5m
T2 Liquidambar styraciflua (Sweet Gum) Bobbin Head Rd road reserve adjacent to NE site corner	11.0m
T4 Cedrus deodar (Himalayan Cedar) Front setback	3.5m north, 6.0m elsewhere
T7 Acer palmatum (Japanese Maple) Southern site boundary in neighbouring site	4.0m
Mixed shrub screening hedge Northern site boundary	1.5m
T12 Phoenix canariensis (Canary Island Date Palm) Northern site boundary in neighbouring site	4.0m
T17 Archontophoenix cunninghamiana (Bangalow Palm) Southwest site corner	3.0m

Reason: To protect existing trees.

69. Approved tree works

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

Tree/Location	Approved tree works
T3 XCupressocyparis leylandii ‘Leightons Green’ hedge Site frontage	Remove
T5 Syragus romanzoffianum (Cocos Palm) Site frontage	Remove
T6 Cedrus deodar (Himalayan Cedar) Southern site boundary in site frontage	Remove
T8 Prunus spp (Ornamental Plum) Southern site boundary	Remove
T9 Chamaecyparis obtusa (Hinoki Cypress) Front setback	Remove
T10 Alnus spp (Evergreen Alder) Front setback	Remove
T11 Ficus macrocarpa var. hillii (Hills Weeping Fig) Northern site boundary	Remove
T13 XCupressocyparis leylandii ‘Leightons Green’ Northern site boundary	Remove
T14 Thuja plicata (Western Red Cedar) Centrally on site	Remove
T15 Thuja plicata (Western Red Cedar) Southern site boundary	Remove
T16 XCupressocyparis leylandii ‘Leightons Green’ hedge Southern site boundary	Remove
T19 Cupressus spp (Cypress) Rear site boundary	Remove
T20 Cupressus spp (Cypress) Rear site boundary	Remove

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.

70. Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Tree/Location	Radius from trunk
T1 Eucalyptus pilularis (Blackbutt) Bobbin Head Rd road reserve in front of site	3.5m
T2 Liquidambar styraciflua (Sweet Gum) Bobbin Head Rd road reserve adjacent to NE site corner	11.0m
T4 Cedrus deodar (Himalayan Cedar) Front setback	3.5m north, 6.0m elsewhere
T7 Acer palmatum (Japanese Maple) Southern site boundary in neighbouring site	4.0m
Mixed shrub screening hedge Northern site boundary	1.5m
T12 Phoenix canariensis (Canary Island Date Palm) Northern site boundary in neighbouring site	4.0m
T17 Archontophoenix cunninghamiana (Bangalow Palm) South-west site corner	3.0m

Reason: To protect existing trees.

71. 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.

72. 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.

73. Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.

Reason: To maintain the treed character of the area.

74. Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

(a) ascertain the reduced level of the underside of the slab at the driveway entry,

(b) certify that the level is not lower than the level shown on the approved DA plans; and

(c) certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

(d) This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

(e) No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.

75. 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.

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

(b) 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 an Occupation Certificate:

76. Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

Reason: To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.

77. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 687139M_02 have been complied with.

Reason: Statutory requirement.

78. Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

(a) The installation and performance of the mechanical systems complies with:

a. The Building Code of Australia

b. Australian Standard AS1668

c. Australian Standard AS3666 where applicable

(b) The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason: To protect the amenity of surrounding properties.

79. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason: To ensure that the landscape works are consistent with the development consent.

80. Accessibility

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that:

(a) the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

(b) the level and direction of travel, both in lifts and lift lobbies, is audible and visible

(d) international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2

(e) the height of lettering on signage is in accordance with AS 1428.1 – 1993

(f) the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods

Reason: Disabled access & services.

81. Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.2). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason: To protect the environment.

82. Certification of drainage works

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

(a) the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

(b) the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai DCP Part 25B.5 respectively, have been achieved

(d) all grates potentially accessible by children are secured

(e) 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

(f) all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

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 an Occupation Certificate.

Reason: To protect the environment.

83. WAE plans for stormwater management and disposal (dual occupancy and above)

Prior to issue of the Occupation Certificate, 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 Occupation Certificate. The survey must indicate:

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

(b) gradients of drainage lines, materials and dimensions

(d) 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

(e) the achieved storage volumes of the installed retention and detention storages and derivative calculations

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

(g) the size of the orifice or control fitted to any on-site detention system

(h) dimensions of the discharge control pit and access grates

(i) the maximum depth of storage possible over the outlet control

(j) 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.

84. Basement pump-out maintenance

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.

Note: A maintenance regime specifying that the system is to be regularly inspected and checked by qualified practitioners is to be prepared by a suitable qualified professional and provided to the Principal Certifying Authority.

Reason: To protect the environment.

85. OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.1). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason: To protect the environment.

86. Sydney Water Section 73 Compliance Certificate

Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority

Reason: Statutory requirement.

87. Certification of as-constructed driveway/carpark - RFB

Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

(a) the as-constructed car park complies with the approved Construction Certificate plans

(b) the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" in terms of minimum parking space dimensions

(d) no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

(e) the vehicular headroom requirements of:

a. Australian Standard 2890.1 - “Off-street car parking”,

b. 2.6 metres height clearance for waste collection trucks are met from the public street into and within the applicable areas of the basement carpark.

Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.

88. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

(a) new concrete driveway crossing in accordance with levels and specifications issued by Council

(b) removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

(d) full replacement of damaged sections of grass verge to match existing

This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason: To protect the streetscape.

89. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

90. Mechanical ventilation

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.

Reason: To ensure adequate levels of health and amenity to the occupants of the building.

91. Fire safety certificate

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.

Note: A copy of the Fire Safety Certificate must be submitted to Council.

Reason: To ensure suitable fire safety measures are in place.

Conditions to be satisfied at all times:

92. Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding properties.

93. Noise control – plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason: To protect the amenity of surrounding residents.

94. Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building.

Reason: To ensure adequate provision of visitor parking spaces.

95. Loading and unloading

At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.

Reason: To ensure safe traffic movement.

96. Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason: To ensure safe traffic movement.

97. Annual Fire Safety Statement

Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.

Reason: To ensure statutory maintenance of essential fire safety measures.

Amy Allen

Executive Assessment Officer

Richard Kinninmont

Team Leader - Development Assessment North

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1	Location Sketch	2016/202785
	A2	Zoning Extract	2016/202787
	A3	Architectural Plans	2016/209833
	A4	Landscape Plan	2016/147748
	A5	Survey Plan	2015/331136

Ordinary Meeting of Council - 23 August 2016	GB.4 / 117

Item GB.4	DA0376/15
	3 August 2016

development application

Summary Sheet

Report title:	85-87 Douglas Street, St Ives - Demolition of existing structures and Torrens Title subdivision of 2 lots into 5 lots
ITEM/AGENDA NO:	GB.4

Application No:	DA0376/15
Property Details:	85-87 Douglas Street, St Ives Lot & DP No: Lot 3 DP 227577 & Lot 1 DP 222130 Site area (m²): 5729m² Zoning: R2 Low Density Residential
Ward:	St Ives
Proposal/Purpose:	To determine Development Application No. DA0376/15 for demolition of existing structures and Torrens title subdivision of 2 lots into 5 lots.
Type of Consent:	Local
Applicant:	Douglas Street Sh3 Pty Ltd
Owner:	J A Isaac Pty Ltd
Date Lodged:	31 August 2015
Recommendation:	Approval

Purpose of Report

To determine Development Application No. DA0376/15 for demolition of existing structures and Torrens title subdivision of 2 lots into 5 lots on land at 85-87 Douglas Street, St Ives.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P3.1 The built environment delivers attractive, interactive and sustainable living and working environments

A high standard of design quality and building environmental performance is achieved in new development.

Assessment of applications is consistent with Council’s adopted LEP’s and DCP’s.

Executive Summary

Issues: Stormwater management, tree protection, indicative building setbacks

Submissions: Original proposal: 3 submissions; amended proposal: 2 submissions

Land & Environment Court: N/A

Recommendation: Approval

History

Site

The site has a history of residential use.

Pre-DA

On 19 May 2015, a Pre DA consultation was undertaken for a proposal to demolish existing structures and construct a Seniors Living development on the subject site. The applicant was advised of the following key issues:

· concerns regarding site location and access to facilities as required by Clause 26 of State Environment Planning Policy (Housing for Seniors or People with a Disability) 2004

· extent of hard surface/parking areas centrally within the site and landscape impacts

· removal of large Blue Gum tree within the site not supported given landscape significance

DA History

31 August 2015 The application was lodged.

11 September 2015 The application was notified to neighbouring property owners for a period of 14 days. A total of 3 submissions were received.

A letter was sent to the applicant requesting further information to be provided to enable assessment of the application:

· water management details

· arborist report

· amended survey plan

12 October 2015 A memo was sent to the applicant advising of outstanding information requirements with reference to Council’s letter dated 11 September 2015 and further details to clarify proposed works.

20 October 2015 The applicant provided further information, including an arborist report and stormwater details and requested an extension of time to submit additional outstanding information.

15 December 2015 The applicant provided further details regarding proposed demolition works, amended survey and stormwater plans.

22 December 2015 The applicant provided a revised Statement of Environmental Effects.

17 March 2016 A memo was sent to the applicant advising amended plans and further information was required in relation to potential tree impacts due to locations of driveways, indicative building footprints and drainage infrastructure.

7 April 2016 The applicant provided amended plans and further information in response to Council’s request.

18 May 2016 The application as amended was notified to neighbouring property owners for a period of 14 days. A total of 2 further submissions were received.

The Site

Site Description

The site is an irregular-shaped allotment, located on the southern side of Douglas Street, opposite its intersection with Tambu Street. The site consists of two lots, being Lot 3 DP 227577 and Lot 1 DP 222130, otherwise known as 85 and 87 Douglas Street, St Ives. The site has a frontage of approximately 82.5 metres and maximum depth of approximately 70.5 metres, comprising an overall area of 5729m². The topography of the site is relatively level, with a gradual fall to the rear of 1.5 metres, representing an average grade of approximately 2%.

The site currently contains two dwelling houses, a tennis court, swimming pool and associated outbuildings and a masonry wall along the front boundary. Vehicular access is provided by a paved driveway with two crossovers to Douglas Street. The existing structures are within a landscaped setting, which contains a number of significant trees, particularly in the north-western portion of the site along the Douglas Street frontage.

A drainage easement exists in the south-eastern corner of the site, traversing adjoining properties to the rear, being 42 and 44 Flinders Avenue, St Ives.

The site does not contain a heritage item and is not within the vicinity of a heritage item or located within a heritage conservation area.

Surrounding Development

The site is located within a low density residential area and is adjoined by six surrounding allotments of varied shapes and areas, with street frontages to Douglas Street or Flinders Avenue to the rear/south of the site.

Surrounding development on these lots is generally characterised by dwelling houses of a mixture of styles, typically being one or two storeys, with associated infrastructure such as garages and swimming pools. Building footprints are predominantly located within landscaped settings, including significant tree cover.

The Proposal

The proposal, as amended, is for demolition of the existing structures and Torrens title subdivision of 2 lots into 5 lots as follows:

Proposed	Lot 1:	Lot 2:	Lot 3:	Lot 4:	Lot 5:
Site area:	1209m²	1194m²	1171m²	973m²	951m²
Vehicular access:	Douglas Street	Douglas Street via ROW	Douglas Street via ROW	Douglas Street	Douglas Street via ROW

Proposed Lot’s 1, 4 and 5 are rectangular-shaped allotments with frontage to Douglas Street. Lots 2 and 3 are located to the rear in a battle-axe configuration, each having right of carriageway to Douglas Street via a proposed access handle/corridor located between Lot’s 1 and 5 (to be within the site area of Lot 2). Lot 5 will also have right of carriageway within the access handle to minimise the extent of driveways within the site frontage.

Associated proposed works involve stormwater management infrastructure and landscaping, including tree removal (note: tree removal is to be limited to the removal of three trees required for the proposed subdivision works as per Condition 43.

Amended plans dated 30 March 2016 - 31 March 2016

The amended plans proposed a number of changes, in particular:

· modified indicative building footprints to Lot’s 4 and 5 to protect trees

· access to Lot 5 re-located to central access corridor to minimise driveways within the site frontage

· modified stormwater drainage design, including easement details

Consultation

Community

In accordance with the Ku-ring-gai Development Control Plan, owners of surrounding properties were given notice of the application. In response, submissions from the following were received:

1. E. Wong, 42 Flinders Avenue, St Ives

2. D. Beck, 44 Flinders Avenue, St Ives

3. S. Bernstein-Beck, 44 Flinders Avenue, St Ives

The submissions raised the following issues:

Objection to proposed use of drainage easement due to issues including legality/access rights, insufficient capacity/width, potential damage to property, utilities and landscaping, impacts to native flora and fauna, surface water run-off/drainage (including to kerbs and roads) and soil erosion impacts.

The proposed drainage system associated with the subdivision has been modified by amended plans and information as required by Council’s Development Engineer, in consultation with Council’s Team Leader Design & Projects (Operations) and Council’s Landscape Assessment Officer.

Council’s Development Engineer is satisfied with the amended design of the stormwater management system for the proposed subdivision, including with respect to the above issues regarding the drainage easement, subject to conditions. In particular, the recommended conditions include a requirement that the certifying authority be provided with evidence that appropriate rights of easement exist for the installation of the new pipe, prior to the issue of the Construction Certificate (Condition 17). Dilapidation survey of structures within the downstream properties (42 and 44 Flinders Avenue) is also required by condition (Condition 8). The proposal satisfies the relevant water management considerations and objectives of the DCP and accordingly, no significant impacts are envisaged.

Details of possible construction methods are outlined below (engineering comments) to address a scenario where consent may not be forthcoming from neighbouring properties for works associated with the easement.

Council’s Landscape Assessment Officer is satisfied with the proposed landscaping works. Additionally, no significant environmental impacts (including flora and fauna) are envisaged as a result of the proposed works.

Building footprint on proposed Lot 2 is likely to result in privacy, overshadowing and amenity impacts to No. 42 Flinders Avenue.

The proposed indicative building footprint on proposed Lot 2 is acceptable for the purposes of the subdivision assessment.

The locations of the building footprints on each lot are indicative only (as per Condition 2) and, as such, are subject to refinement at the detailed planning stage for the dwelling and future DA assessment as required at that stage. Notwithstanding, the indicative building footprint shown on Lot 2 is acceptable for the purposes of the subject subdivision assessment by virtue of the fact that it illustrates a future dwelling is capable of being provided on the lot and is expected to be designed being mindful of site constraints to ensure minimal impacts on neighbouring properties.

Tree loss and landscaping impacts

The indicative dwelling and driveway footprints have been modified to ensure that the proposed subdivision will retain significant vegetation on the site. Council’s Landscape Officer is satisfied with landscaping aspects of the proposal, as discussed below, including the removal of three trees to the rear of the site as required by the subdivision works and no further trees are approved for removal (Condition 43).

Statement of Environmental Effects and plans incomplete and labelled ‘Draft’

The applicant amended the application plans and documentation since lodgement, including the Statement of Environmental Effects. The amended information is sufficient for assessment purposes.

Airborne asbestos/health risk due to proposed demolition works

All work involving asbestos products and materials, including asbestos-cement-sheeting, must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW as required by condition to ensure public safety (Condition 4).

Impact to neighbouring property value

Any impact to neighbouring property value is not a consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

Unacceptable submission/notification period

The application was notified, including the amended plans, in accordance with the requirements of the Ku-ring-gai Development Control Plan. The notification dates are detailed above (DA History).

Amended plans dated 30 March 2016 - 31 March 2016

Owners of surrounding properties were also given notice of the amended application. In response, submissions from the following were received:

1. E. Wong, 42 Flinders Avenue, St Ives

2. S. Bernstein-Beck, 44 Flinders Avenue, St Ives

The submissions raised the following additional issues:

Risks associated with thrust drilling, including property damage, vibration and noise impacts, electric shock, personal safety, operational and geological issues.

Council’s Development Engineer has assessed the proposal and did not raise any concerns regarding potential risks or impacts associated with the drainage infrastructure works. Dilapidation surveys are required by condition in order to document the baseline structural conditions of neighbouring properties as contingency against any potential damage caused during the works (Condition 8).

Potential impacts of construction and measures to protect public safety and amenity will be suitably managed by requirements set out in conditions of consent, including restrictions on construction work hours, guarding of excavations, and protection of public places (Conditions 28, 35 and 37).

Within Council

Engineering

Council's Development Engineer commented on the proposal as follows:

The applicant advises that the handle is part of proposed Lot 2. This will be clarified in the recommended conditions so that there is certainty in the issue of the Subdivision Certificate (Condition 59).

The works associated with the subdivision are:

· New pipe in the existing drainage easement through the downstream properties and connection to the underground drainage system in Lucia Avenue. This work to be completed before other subdivision works commence.

· Stormwater drainage infrastructure for each lot and pits and pipes to drain the new driveway in the access handle.

· New driveway in the access handle to the main body of Lot’s 2 and 3.

The plans are satisfactory for assessment purposes. Construction Certificate (CC) plans will have to be submitted for these works. A certifier or Council can issue the CC, although Council remains the Principal Certifying Authority for the issue of the Subdivision Certificate, and Council’s approval must also be obtained for the works in the public road.

The augmentation of the drainage easement must be partly constructed by thrust boring to protect the two significant trees, one in Flinders Avenue and one in 2 Mathew Close. A drop pit is shown on the plan, however the consent of the neighbour is required for its construction (extends outside the line of existing pipes). If this consent is not forthcoming, it may be necessary to bore the entire length of the pipe.

A submission has been made regarding protection of the existing connection from 42 Flinders Avenue to the interallotment drainage pipe. There are two ways of achieving this:

1. A new connection from 42 Flinders Avenue to be made to the new drop pit.

2. The new pipe to be bored beneath the existing pipe in order to not disturb the existing connection.

Either of these is feasible, depending on whether a widened easement is negotiated or not.

The recommended conditions include a requirement that the certifying authority be provided with evidence that sufficient rights of easement exist for the installation of the new pipe, prior to the issue of the Construction Certificate (Condition 17).

Dilapidation survey of structures within the downstream properties is conditioned (Condition 8). This is only for recording purposes, as responsibility for any damage which may become evident during the course of the works is a matter between the respective owners.

Landscaping

Council's Landscape Assessment Officer commented on the proposal as follows:

Previous concerns regarding tree removal and tree impacts have been satisfactorily resolved.

Nominated tree removal is not required for subdivision works. Therefore only those trees that conflict with subdivision works are approved for removal.

Dwelling and driveway footprints are indicative only and may change when dwelling designs are finalised, which would require further detailed assessment of potential tree impacts and tree removal.

The amended stormwater drainage plan has satisfactorily resolved previous concerns and is acceptable.

The application as amended to subdivide the site into five lots is acceptable on landscape grounds, subject to conditions.

Outside Council

The application did not require external consultation.

Statutory Provisions

Environmental Planning and Assessment Act 1979 (EP&A Act)

The proposal is ‘Local Development’ under Part 4 of the EP&A Act and requires development consent.

The provisions of Section 79C (1) of the EP&A Act determine the matters for consideration in assessing a development application as stated below:

(a) The provisions of:

(i) any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan; and

(iv) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(vi) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the regulations and policies are addressed in the following sections of this report. The likely impacts, suitability of the site and public interest are also addressed below and the submissions received have previously been addressed.

State Environmental Planning Policies

Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005

SREP 2005 applies to the site as the site is located in the Sydney Harbour Catchment. The Planning Principles in Part 2 of the SREP must be considered in the preparation of environmental planning instruments, development control plans, environmental studies and master plans. However, the proposal is not affected by the provisions of the SREP that relate to the assessment of development applications as the site is not located in the Foreshores and Waterways Area as defined by the Foreshores and Waterways Area Map.

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55)

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential use and, as such, it is unlikely to contain any contamination. Accordingly, further investigation is not warranted in this case.

Local Content

Ku-ring-gai LEP 2015

Zoning and permissibility:

The site is zoned R2 Low Density Residential. The proposed development being subdivision is permissible with development consent under Clause 2.6 of the LEP.

The objectives for zone R2 Low Density Residential are as follows:

· To provide for the housing needs of the community within a low density residential environment.

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

· To provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai.

The proposed development upholds the zone objectives. In particular, the proposal provides allotments considered to be capable of supporting future residential dwelling houses (subject to consent as required) to meet the housing needs of the community, while maintaining allotment sizes consistent with a low density residential environment and the existing character of the locality. The proposed allotment sizes and widths satisfy the applicable development standards of the LEP as indicated in the below table.

Development standards:

Development standard

Proposed

Complies

Minimum subdivision lot size: 930m²

Lot 1: 1209m²

Lot 2: 1194m²

Lot 3: 1171m²

Lot 4: 973m²

Lot 5: 951m²

YES

Minimum subdivision lot width (excl. battle-axe lots): 18m (12 from street frontage)

Lot 1: 29.7

Lot 4: 23.4

Lot 5: 24.6

YES

Clause 5.9 - Preservation of trees or vegetation

Council’s Landscape Assessment Officer is satisfied that the proposed development will not unduly impact upon any significant trees or vegetation, subject to conditions.

Clause 5.10 – Heritage conservation

The subject site does not contain a heritage item, is not located within close proximity to an Item nor is it within a heritage conservation area. The proposed works do not affect any archaeological or Aboriginal objects or Aboriginal places of heritage significance.

Clause 6.2 - Earthworks

The proposal involves minimal ancillary earthworks to provide site infrastructure, including the stormwater drainage system. In accordance with the objective of this clause, the required excavation will not have a significant detrimental impact on environmental functions and processes.

Clause 6.3 - Biodiversity protection

The site does not contain land identified by the LEP as biodiversity significant.

Clause 6.4 – Riparian land and waterways

The site does not contain land identified by the LEP as riparian land and waterways.

Clause 6.5 - Stormwater and water sensitive urban design

Council’s Development Engineer has given consideration to the objective of this clause which seeks to minimise the adverse impacts of urban water on the site and within the catchment. The proposed stormwater design adequately manages urban stormwater run-off pursuant to the requirements of the LEP, subject to conditions.

Policy Provisions (DCPs, Council policies, strategies and management plans)

Ku-ring-gai Development Control Plan (2015)

COMPLIANCE TABLE
Development control		Proposed	Complies
Part 2 Site Analysis
Development applications are to contain a site analysis.	A satisfactory site analysis has been submitted with the application.			YES
Part 3 Land Consolidation and Subdivision
3A – General Controls for Consolidation and Subdivision
3A.1 Lot Shape, Orientation and Design
The lot shape, orientation and design of consolidated and subdivided lots is to demonstrate the following:
· Ability for the lot to support the land use permitted under the zoning.		Each allotment is of a size and configuration that can support a single dwelling house in the future, capable of complying with the relevant provisions, including built upon area, private open space, landscaping areas and solar access. This is demonstrated by orientation of the lots and indicative building footprints.		YES
· Sharing of views.		Future dwellings are capable of being designed to ensure a reasonable sharing of views and outlook.		YES
· Avoiding the location of development on steep lands.		The site is not characteristic of having a steep slope.		YES
· Protection and enhancement of the amenity, solar access, privacy, open space and views of the neighbouring lots.		The proposed lot shapes and indicative building footprints demonstrate that existing amenity to neighbouring lots is capable of being protected.		YES
· Minimisation of impacts of the development (including any asset protection zones required) on riparian or Greenweb lands.		The proposed subdivision and associated works do not affect any identified riparian or Greenweb lands.		YES
· Incorporation of the principles of water sensitive urban design.		The subdivision works enable the future development to incorporate water sensitive urban design principles.		YES
· Easements and servicing requirements.		The required services are capable of being provided with regard to the existing easement. This has been demonstrated to the satisfaction of Council’s Development Engineer, subject to conditions.		YES
· Vehicular, pedestrian and bicycle access.		Vehicular and pedestrian access to the new lots is demonstrated in the application.		YES
The block width, dimension, orientation and layout are to consider the existing subdivision pattern of the locality.		The existing subdivisions in the immediate vicinity of the site are irregular and do not adopt a consistent shape or size. Proposed Lot’s 1, 4 and 5 have block widths and dimensions consistent with rectangular-shaped lots in the locality. Proposed Lot’s 2 and Lot 3 have block widths and dimensions consistent with battle-axe shaped lots in the locality. The proposed subdivision will not affect the street address rhythm and spacing of built form.		YES
3A.3 Building Footprint
Potential building footprints are to be identified on the site plan of all consolidation and subdivisions.		The submitted plan identifies potential building footprints.		YES
Building footprints are to be located outside areas of ecological or heritage significance and to avoid the loss of trees.		The indicative building footprints are located outside areas of ecological and heritage significance and the footprints have been amended to minimise the loss of trees.		YES
The footprint is to be located in an accessible and practical location, preferably with relatively flat terrain, stable soil and geology.		The indicative building footprints are sited in accessible and practical locations and on relatively flat terrain. No geological or soil constraints are identified on the site.		YES
The building footprint must be located and designed so as to allow useable open space that satisfies the open space requirements of the particular development type.		Each lot is capable of facilitating usable private open space of a minimum dimension of 5 metres and area in excess of 50m².		YES
The footprint is to be applied in accordance with the minimum building setbacks.		The locations of the footprints are indicative only (as per Condition 2) and, as such, are subject to refinement at the detailed planning stage of the dwelling and subject to assessment as required at that stage. Notwithstanding, the setbacks provided for the indicative building footprint shown on Lot 5 would not meet the numerical requirements for the front (street) setback, and the western side setback. Refer to the below discussion in this regard. The indicative building footprints shown on the other lots (Lot’s 1, 2, 3 and 4) demonstrate compliance with the setback controls can be readily achieved.		NO
Practical and suitable access is to be provided from a public road to the building footprint.		The proposed access to the 5 lots is provided either directly by street frontage or indirectly by a right of way/access handle to Douglas Street. Conditions will ensure appropriate rights of carriage will be maintained to the lots benefitting from the access handle (Condition 58 and 59).		YES
The building footprint must be located in accordance with the requirements in Part 25 of this DCP.		The building footprints and water management plan have been assessed by Council’s Development Engineer in accordance with Part 25 of KDCP 2015 and are acceptable, subject to conditions.		YES
3A.4 Trees and Vegetation
General
Any subdivision proposal must demonstrate that the location and design of: · building footprints · access ways · roadways, including perimeter roads or trails · services · inter-allotment drainage easements · asset protection zones minimises impacts on and maximises the retention of existing significant trees and vegetation on or adjacent to the site.		The proposed subdivision has been assessed by Council’s Assessment Landscape Officer (refer to above comments). It was identified that the original locations of the indicative building footprints on Lot’s 4 and 5 were likely to impact a number of significant trees. The application was amended to relocate the subject footprints and driveways to minimise potential tree impacts and maximise tree retention in accordance with the recommendations of Council’s Landscape Assessment Officer.		YES
Where a site is particularly constrained a more detailed layout of the potential development may be required.		The application was amended during the assessment process to provide modified layouts of the indicative building footprints and internal access driveways to inform the assessment and minimise potential landscape and streetscape impacts of the proposal and potential future development.		YES
Street trees
Street trees are to be planted where new roads are proposed or where the likely location of driveway crossings will result in loss of existing street trees.		The application was amended during the assessment process to relocate driveway access for Lot 5 from a central access corridor, rather than directly from Douglas Street to minimise potential tree and streetscape impacts. This reduced the extent of driveway crossings across the site frontage. Only trees required for the proposed subdivision works are approved for removal by condition (Condition 43).		YES
3A.5 Access
Vehicular access
Each lot must provide access from a constructed or dedicated public road. Where access is proposed to a section of unconstructed public road, the newly created lot will need to provide lawful, constructed access to Council’s satisfaction.		Each lot is accessed from an existing constructed public road, Douglas Avenue.		YES
The minimum width of an access handle to a battle-axe allotment is 4.6 metres. This may be increased where length, number of lots and or topography necessitate. Access to multiple dwellings could require a wider access handle to accommodate passing bays.		4.7 metres		YES
The maximum number of lots to be served by a single access handle connected to a public road is 3 lots.		The access handle services 3 lots (Lot’s 2, 3 and 5).		YES
Access for service vehicles, emergency vehicles and waste collection vehicles must be available.		Access for service vehicles, emergency vehicles and waste collection vehicles will be available to each lot.		YES
3A.6 Infrastructure
Services
All lots shall be provided services such as electricity, gas, town water supply, sewerage and communications.		Each lot will be provided with the required services (water, sewer, electricity, gas and communications).		YES
Existing or planned allocation of services and street trees must be identified on the plan.		The planned allocation of services is identified on engineering plans.		YES
Water management facilities, such as: · inter-allotment drainage for low level lots; · on site detention for new roads and driveways; · rain gardens or bio retention basins; are to be provided as required by Section C Part 25 of this DCP.		The application provides for future below ground on-site detention tanks for the dwellings and driveways.		YES
Part 13 Tree and Vegetation Preservation
13.1 Tree and Vegetation Works
The injury of any tree or other vegetation protected under this DCP is prohibited without the written consent of Council.		The application has been assessed by Council’s Landscape Officer who raises no concern with the removal of three trees to the rear of the site as required by the subdivision works. The indicative dwelling and driveway footprints were modified during assessment stage to ensure that the subdivision will retain significant vegetation.		YES

Part 21 General Site Design

21.1 Earthworks and Slope

Development must be accommodated within the natural slope of the land.

The site is relatively level and the proposal involves minimal ancillary earthworks to provide site infrastructure, including the stormwater drainage system. The required excavation will not have a detrimental impact on the environment and is consistent with the objectives of the control.

YES

Part 22 General Access and Parking

Provide well located and designed vehicle entrances that facilitate streetscape continuity and a high quality and amenity of the public domain.	The driveway layout has been modified during the assessment of the application to reduce the extent of hard surface area and improve the site’s visual amenity within the streetscape. The general access arrangements are satisfactory for the purposes of the proposed subdivision. Detailed access and parking design will be subject to planning for the future dwellings and assessment as applicable.	YES
Part 24 Site Design for Water Management

24A.3 Locating the Development on Site
The development must not be located so as to impede, divert or increase the rate or concentration of stormwater flow across a boundary onto adjoining private property (eg. by placing a solid wall along a boundary).	The application has been assessed by Council’s Engineer and is satisfied that the indicative development is capable of satisfying the control.	YES
Sufficient space must be allowed on the property for the installation and operation of water management measures as required in this Part and Part 25 of this DCP.	There is sufficient space within each lot and within the common driveway area to accommodate the required water management measures.	YES
Stormwater management devices such as on site detention systems and large water tanks should be located within the basement or beneath other impermeable areas. eg - driveways.	The on-site detention system is located beneath the common (access handle) driveway.	YES
Where there is more than one dwelling, stormwater management devices should be located in common areas.	The stormwater management infrastructure is proposed to be located beneath the common driveway.	YES
The stormwater management system must not result in changes to the existing ground levels within the dripline of trees to be retained.	Council’s Landscape Assessment Officer is satisfied with the stormwater management plan not having a significant impact on vegetation worthy of retention. Stormwater aspects relating to the dwelling design will be addressed at that stage.	YES

Part 3A.3 Building footprint: setbacks to building footprints

The locations of the footprints are indicative only (as per Condition 2) and, as such, are subject to refinement at the detailed planning stage of the dwelling and subject to assessment as required at that stage. Notwithstanding, the setbacks provided for the indicative building footprint shown on Lot 5 would not meet the numerical requirements for the front (street) setback, and the western side setback as indicated below.

Lot 5 indicative building footprint setback non-compliances:

Setback requirements (minimum)	Proposed
Front (street): 9m	7.5m
Side (west): 2m	0.6m

Despite the above numerical departures, the proposal is considered acceptable with respect to the following considerations:

(i) The location of the indicative footprint was repositioned by amended plans to minimise tree impacts in accordance with Council recommendations and the objectives of Part 3A.3. It is considered that the footprint could be further modified in due course (future development application for dwelling) if required to attain an acceptable outcome with respect to setbacks and preservation of landscaping amenity on the site.

(ii) The setback departures relate to the part of the indicative building footprint that is most likely to be a double garage with limited dimensions of approximately 6.5 metres (front elevation) x 7.5 metres (side elevation) and, as such, does not constitute a habitable room or likely privacy concerns to the adjoining property (Lot 4). Furthermore, such structure is readily capable of being designed to comply with the applicable building controls including height, building envelopes, facades and solar access.

(iii) Substantial soft landscape space will be retained in the prevailing front setback to facilitate tree and screen planting to soften the appearance of any future building form as viewed from the street and neighbouring properties.

(iv) The objectives of the control are achieved in that a future dwelling is capable of being provided on Lot 5 that has a minimal impact on the amenity of private open spaces and living areas on neighbouring properties and the streetscape.

In addition, the indicative building footprints shown on the other lots (Lot’s 1, 2, 3 and 4) demonstrate compliance with the setback controls can be achieved.

Part 25 – Notification

The application has been notified in accordance with the requirements of the DCP. The submissions received are addressed above.

Section 94 Development Contributions Plan 2010

The development attracts a section 94 contribution of $75,111.96 which is required to be paid prior to the issue of the Subdivision Certificate (Condition 25).

Likely Impacts

The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.

Suitability of the Site

The site is suitable for the proposed development.

Public Interest

The proposal is considered to be in the public interest.

Conclusion

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.

Recommendation:

That Council, as the consent authority, grant development consent to DA0376/15 for the demolition of existing structures and Torrens title subdivision of 2 lots into 5 lots on land at 85-87 Douglas Street, St Ives 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 (Torrens title subdivision)

Plan no.

Drawn by

Dated

Subdivision Plan:

Job no. IOB-HOR (Rev. 5)

IOBIS Building Design

30/03/16

Stormwater Drainage Concept Plans & Details:

Drwg no. 20150042 SW01 (Rev. B)

Maj Consulting

31/03/16

Stormwater Drainage Concept Plans & Details:

Drwg no. 20150042 SW02 (Rev. A)

Maj Consulting

08/12/15

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

2. Indicative building footprints and driveways

No approval is granted for the indicative building footprints and driveways on each lot, with the exception of the length of the common access driveway enclosed in bold lines and titled "Proposed Right of Way shown shaded" on the approved Subdivision Plan (this area is to be part of Lot 2).

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

3. 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.

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

4. Asbestos works

Reason: To ensure public safety

5. Notice of commencement

Reason: Statutory requirement.

6. Notification of builder’s details

Reason: Statutory requirement.

7. Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

· The existing footpath

· The existing kerb and gutter

· The existing full road surface between kerbs

· The existing verge area

· The existing driveway and layback where to be retained

· Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

Reason: To protect public infrastructure.

8. Dilapidation survey and report (private property)

Prior to the commencement of works on the interallotment drainage system through the downstream properties, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

Address:
	· 42 Flinders Avenue
	· 44 Flinders Avenue

Note: A copy of the dilapidation report is to be provided to Council prior to any interallotment drainage works being undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

9. 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". 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.

10. Tree protection fencing

Tree/Location	Radius in metres
T16 Pinus patula (Mexican Pine) centrally located on site	7.0m
T17 Eucalyptus saligna (Blue Gum) centrally located on site	9.0m
T30 Quercus palustris (Pin Oak) Centrally adjacent to southern boundary	7.0m after demolition works are completed
T36 Magnolia soulangeana (Saucer Magnolia) Centrally located on site	1.0m offset from dwelling, eastern edge of driveway, 6.0m elsewhere
T38 Cedrus deodar (Himalayan Cedar) north-east site corner	Western side of driveway, front fence, 9.0m elsewhere
T39 Liriodendron tulipifera (Tulip Tree) Site frontage/northeast site corner	7.0m
S2 Ulmus parvifolia (Chinese Elm) Douglas St road reserve/existing driveway	Western side of driveway, top of kerb, 6.0m elsewhere, while maintaining 1m wide pedestrian access
S3 Tristaniopsis laurina (Water Gum) Douglas St road reserve/existing driveway	Eastern side of driveway, top of kerb, 7.0m elsewhere while maintaining 1m wide pedestrian access

Reason: To protect existing trees during the construction phase.

11. Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres 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.

12. Tree protection signage

Tree protection zone.

· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted.

· Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report.

· The arborist's report shall provide proof that no other alternative is available.

· The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council.

· The name, address, and telephone number of the developer.

Reason: To protect existing trees during the construction phase.

13. Tree protection - avoiding soil compaction

Tree/Location

T30 Quercus palustris (Pin Oak) Centrally adjacent to southern boundary

Reason: To protect existing trees during the construction phase.

14. 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 demolition works on site.

Any damage to the tree/s shall be treated immediately by an experienced AQF3 Horticulturist/Arborist and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Tree/Location

T30 Quercus palustris (Pin Oak) Centrally adjacent to southern boundary

Reason: To protect existing trees during the construction phase.

15. Tree fencing inspection

Reason: To protect existing trees during the construction phase.

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

16. Submission of construction level drawings for subdivision works

Prior to the issue of the Construction Certificate, construction drawings are to be submitted for the following:

1. New interallotment drainage pipe through 42 and 44 Flinders Avenue, including provision for overland flow and protection of existing services and structures.

2. Stormwater drainage pits and pipes for each lot, including overland flow management for times of system blockage or infrequent extreme rain events.

3. New driveway in the access handle.

4. Pits and pipework, detention tank and water quality device for treatment of driveway runoff.

Design details along the southern boundary and at Pit P4 must show how overflows and surface flows from the upstream catchment are to be managed and controlled. Refer Ku-ring-gai DCP Part 24R.6 for controls.

Reason: To protect the environment.

17. Drainage easement

Prior to the issue of the Construction Certificate, the certifying authority is to be provided with evidence that appropriate rights of easement exist to enable installation of the new interallotment drainage pipe within 42 and 44 Flinders Avenue.

Reason: To protect the environment.

18. Long service levy

Reason: Statutory requirement.

19. Builder’s indemnity insurance

Reason: Statutory requirement.

20. Excavation for services

Prior to the issue of the Construction Certificate, 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 beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

21. Driveway crossing levels

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

22. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Flinders Avenue:

· Launch pit excavation in Flinders Avenue

· Thrust boring of pipes in both directions as shown on Drawing SW01B, and construction of Pits P6 and P7. All underground services are to be clearly marked on the plans.

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 - 1996 - Field Guide for Traffic Control at Works on Roads - Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.

A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

Reason: To ensure that the plans are suitable for construction purposes.

23. Utility provider requirements

Reason: To ensure compliance with the requirements of relevant utility providers.

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

24. Infrastructure damage security bond and inspection fee

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

(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 damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as 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.

25. Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010).

Infrastructure Type Total

LGA Wide Local Recreational & Cultural $8,985.42

Northern Area Local Parks & Sporting Facilities $66,126.54

Development Contributions Total $75,111.96

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

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

26. Road opening permit

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

27. Prescribed conditions

· 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.

28. Hours of work

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.

29. Internal subdivision works not to commence until interallotment drainage infrastructure is in place

Construction of the common access driveway and installation of drainage infrastructure within the site is not to commence until a suitable interallotment drainage system is installed and certified within the downstream properties and public roadway.

Prior to the commencement of works within the site the certifier is to be satisfied that plans for the interallotment drainage works have been prepared, the works have been completed, and engineer's certification and works-as-executed plans prepared. A closed circuit television recording of the installed pipeline is to be undertaken and submitted to the certifier.

The pipe may be thrust bored along the existing line of pipes or installed in a new easement. The existing connection(s) from 42 Flinders Avenue is not to be adversely affected by this work and if a new easement is required, this is to be registered as necessary.

Reason: To provide for adequate disposal of runoff from the development site and to protect neighbouring properties.

30. Approved plans to be on site

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

31. Statement of compliance with Australian Standards

Reason: To ensure compliance with the Australian Standards.

32. 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.

33. 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.

34. Use of road or footpath

Reason: To ensure safety and amenity of the area.

35. 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.

36. Toilet facilities

Reason: Statutory requirement.

37. Protection of public places

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

38. Recycling of building material (general)

Reason: To facilitate recycling of materials.

39. Road reserve safety

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

40. Services

Reason: Provision of utility services.

41. 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 Coordinator. 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 Coordinator, 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.

42. Cutting of tree roots

Tree/Location	Radius from trunk
All trees not otherwise approved for removal	12 x trunk diameter

Reason: To protect existing trees.

43. Approved tree works

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

Tree/Location	Approved tree works
T27 Ulmus glabra ‘Lutescens’ Golden Elm) Rear of site/Proposed Lot 3	Removal
T33 Brachychiton acerifolius (Illawarra Flame Tree) Rear of site/Proposed Lot 2	Removal
T34 Tristaniopsis laurina (Water Gum) Rear of site/Proposed Lot 2	Removal

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.

44. Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Tree/Location	Radius from trunk
All trees not otherwise approved for removal	12 x trunk diameter

Reason: To protect existing trees.

45. Thrust boring

Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring/directional drilling methods. Thrust boring shall be carried out at least 600mm beneath natural ground level, and any launch pits shall be located outside of the tree protection zone as specified by AS4970-2009, to minimise damage to tree/s root system:

Tree/Location	Radius from trunk
All trees located adjacent to the drainage easement South east site corner to Flinders Ave drainage pit	Entire easement length
All retained trees On site	12 x trunk diameter

Reason: To protect existing trees.

46. 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.

47. 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.

48. On site retention of waste dockets

· 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:

49. Easement drainage line construction

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note: At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

· details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

· a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the surveyor that all drainage structures are along the line of existing pipes or wholly contained within a new registered drainage easement(s)

Reason: To protect the environment.

50. 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 Lots with the benefit of the right of way with the requirement to maintain the on-site stormwater detention tank in the driveway. 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 Part 24R.8 of Ku-ring-gai DCP). The location of the on-site detention tank is to be noted on the final plan of subdivision.

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

51. 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.

52. 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.

53. Reinstatement of crossings

Prior to issue of the Subdivision Certificate, the principal Certifying Authority is to be satisfied that following works have been completed:

· construction of the new common access driveway crossing and layback in accordance with the levels and specifications issued by Council

· removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

· reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials

· any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing

· any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) has been repaired to the satisfaction of Council and at no cost to Council

Reason: To protect public infrastructure and the streetscape.

54. Construction of works in public road

Prior issue of the Subdivision Certificate all road, footpath and/or drainage works in the public road must be completed in full, inspected and approved by Council. The applicant’s designing engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved drawings. This certification shall be provided prior to release of the linen plan/issue of the Subdivision Certificate. The completed works are to be approved by Council’s Development Engineer prior to release of the linen plan/issue of the Subdivision Certificate.

Reason: To ensure completion of all road, footpath and/or drainage works in the public road.

55. 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.

56. Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas (if available) 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 (if available) 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.

57. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and an Occupation Certificate/ Final Certificate of Compliance has been issued by the Certifying Authority.

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

58. 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.

59. 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 Subdivision Plan is to incorporate the following - the land dedicated to the right of way (common access driveway enclosed in bold lines and titled "Proposed Right of Way shown shaded" on the approved Subdivision Plan) is to be part of Lot 2.

The following details must be submitted with the plan of subdivision and its copies:

a) the endorsement fee current at the time of lodgement

b) the 88B instrument plus 6 copies

c) a copy of the Occupation Certificate or Final Certificate of Compliance for the subdivision works (driveway and stormwater drainage)

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.

60. 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.

Joshua Daniel

Executive Assessment Officer

Shaun Garland

Team Leader Development Assessment Central

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1	Location Sketch	2016/218770
	A2	Zoning Extract	2016/218772
	A3	Subdivision Plan	2016/131496
	A4	Stormwater Plan	2016/218359
	A5	Survey Plan	2016/220704

Late Items:	MM.1 - Pruning of street trees by Ausgrid - Report by Mayor dated 9 August 2016 GB.13 - The Hornsby Ku-ring-gai Women's Shelter Annual Gala Dinner 2016 - Report by Director Corporate dated 8 August 2016 an attachment.
Memorandums:	QN.3 from 28 June 2016 - Unauthorised release of confidential information on Eruv – Memorandum from the General Manager dated 2 August 2016 in relation to a QWN from Councillor Malicki regarding the release of confidential information about the Eruv. QN.6 from OMC 19 July 2016 - Councillor Citer’s roles on Committees and representations - Memorandum from Director Corporate dated 26 July 2016 in relation to a QWN from Councillor Malicki regarding what committees and other roles Councillor Citer has had in representing Ku-ring-gai? QN.8 from OMC 19 July 2016 - Development contributions - Memorandum from Director Strategy & Environment regarding expenditure and balances of S94 contributions. QN.9 from OMC 19 July 2016 - Councillor expenses - Memorandum from Director Corporate in relation to reviewing Councillor expenses in relation to conferences or other equipment.
Councillors Information:	Refer GB.11 - Consideration of planning proposal to list additional heritage items following public consultation – submission - Memorandum and attachments from Manager Urban & Heritage Planning in relation to additional information and clarification. Refer GB.2, GB.3 and GB.4 – Clarification of floor plans – Replacement floor plans relating to GB.2. GB.3 and GB.4 of the Ordinary Meeting of Council 9 August 2016.
Late Confidential Items:	C.3 - Ku-ring-gai Council's Legal Proceedings against a Forced Merger – Mayoral Minute dated 9 August 2016.

Ordinary Meeting of Council - 23 August 2016	GB.1 / 21

Item GB.1	S05273
	14 August 2016

purpose of report:	To present Council’s investment portfolio performance for July 2016.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The net return on investments for the financial year to July 2016 was $377,000 against a budget of $376,000 giving a YTD favourable variance of $1,000.

recommendation:	That the summary of investments performance for July 2016 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Ordinary Meeting of Council - 23 August 2016	GB.2 / 29

Item GB.2	S02046/9
	22 July 2016

purpose of report:	To confirm any motions that Council wishes to submit to the 2016 Local Government NSW Annual Conference.

background:	The Local Government NSW Annual Conference will be held from Sunday, 16 October 2016 to Tuesday, 18 October 2016 at WIN Entertainment Centre, Wollongong. The Conference is the annual policy-making event for the 129 councils of NSW. The Conference is provides a forum for local Councillors to share ideas and debate issues which shape NSW local government. All LGNSW members are able to put forward motions to be considered at the conference.

comments:	At its meeting on 9 August 2016, Council resolved as follows: That: A. Councillors provide any proposed motions for submission to the 2016 Local Government NSW Annual Conference to the General Manager by Friday, 12 August 2016; and B. A report providing details of any proposed motions be referred to Council at its meeting on 23 August 2016 for approval prior to submission to LGNSW. To date, no proposed motions have been received.

recommendation:	That no motions will be submitted by Council to the 2016 Local Government NSW Annual Conference.

Ordinary Meeting of Council - 23 August 2016	GB.5 / 156

Item GB.5	S10654
	10 February 2016

Purpose of report:	To present to Council the final concept plan for the Lindfield Village Green.

background:	At the Ordinary Council Meeting of 23 June 2015 Council adopted a concept plan prepared by JMD Design & TZG (Option B) as the preferred design for the Lindfield Village Green. Council also requested that a full review of all comments made by the public and specialist consultants be undertaken; that a larger café space be included; and that the final concept plan be reported back to Council. Council resolved that it would allow minor variations to the preferred concept plan to accommodate potential amendments arising from comments made by the public and specialist consultants.

comments:	A full review of all comments made by the public and specialist consultants has been undertaken and a Pre-Design Services Report has been prepared which includes a final concept plan incorporating the recommended amendments. Specialist market advice has been sought to optimise the size requirement of the new park café and the finding recommends a larger café space. This is included in the final concept plan.

recommendation:	That Council adopts the final concept plan as the basis for design development and preparation for the submission of a development application.

Attachments:	A1	Pre-design Services Report	Click here to view attachment	2016/221043
	A2	JLL market report		Confidential
	A3	Cost estimate		Confidential
	A4	Community Consultation report		2016/220018

Ordinary Meeting of Council - 23 August 2016	GB.6 / 170

Item GB.6	S11074
	11 August 2016

purpose of report:	To update Council on submissions received on the proposed closure and relocation of the public pathway located between Newhaven Place and Link Road St Ives.

background:	On 9 February Council considered a report on the formal public road closure of a constructed pathway between Newhaven Place and Link Road St Ives.

comments:	In accordance with Council’s resolution the public notification of the proposed closure and relocation of the public pathway commenced on 29 April 2016.

recommendation:	That Council acknowledges the submissions relevant to the closure and relocation of the pathway and submits a formal road closure application for the unnamed pathway between 10 and 12 Newhaven Place St Ives, to the Department of Primary Industries – Lands.

Task	Status
Carry out a full status check of the road to confirm dedication as a council public road and its public use and construction, required to verify its status as vesting in Council on closing.	Completed.
Advertise an intention to close the council public road in a local paper circulating in the same area as the intended closing.	Completed.
Notify the proposal to all affected parties and authorities noting the 28 day submission period.	Completed.
Council considers all submissions received and take action to resolve any objections.	In progress.
Once all submissions/objections have been resolved or Council forms the opinion that no further progress can be made, a report with a summary and assessment of the submissions/objections, with a recommendation and options is submitted to Lands.	TBC

Submitter	Number of Submissions	Support	Object	Issue	Response
Government Agencies	6	4	2	Objection due to public infrastructure located within or adjoining pathway location.	Opportunity to relocate or provide improved infrastructure within future development of adjoining properties.

Attachments:	A1	Submissions		2016/220419
	A2	Vegetation Map		2016/220870

Ordinary Meeting of Council - 23 August 2016	GB.7 / 220

Item GB.7	FY00382/8
	16 August 2016

purpose of report:	To report to Council on the progress of the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016, for the period January to June 2016.

background:	Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months.

comments:	This report provides a six (6) month progress review of critical actions, tasks and performance indicators contained in the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016. Progress comments are also provided for Council’s four year term achievements.

recommendation:	That the six (6) month progress review of the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016 be received and noted.

Code	Theme	Operational Plan Task
C1.1.3.1.1	Community, people and culture	Complete installation of way finding signage (internal and external to Bicentennial Park)
C3.1.2.2.1	Community, people and culture	Complete review of Council wide volunteer management processes.