Agenda of Ordinary Meeting of Council

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
N4.1.1 The community is effectively informed and engaged on climate change issues.	Programs are being implemented to build community resilience to the impacts of climate change and extreme weather events.	Deliver the Climate Wise Communities program.
N5.1.2 The community is responsible and engaged in energy and water conservation and efficiency programs.	Implement educational programs to assist the community to reduce energy and water	Deliver community energy reduction and water conservation programs.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

N4.1.1 The community is effectively informed and engaged on climate change issues.

Programs are being implemented to build community resilience to the impacts of climate change and extreme weather events.

Deliver the Climate Wise Communities program.

N5.1.2 The community is responsible and engaged in energy and water conservation and efficiency programs.

Implement educational programs to assist the community to reduce energy and water

Deliver community energy reduction and water conservation programs.

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L1.1.3 Partnerships are established with government agencies, regional and local organisations and community groups and are working to achieve Ku-ring-gai’s community outcomes.	Pursue new opportunities for partnership arrangements with other agencies, organisations and community groups to achieve community outcomes.	Pursue priority areas where partnership arrangements will provide tangible benefits to the local area.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1.3 Partnerships are established with government agencies, regional and local organisations and community groups and are working to achieve Ku-ring-gai’s community outcomes.

Pursue new opportunities for partnership arrangements with other agencies, organisations and community groups to achieve community outcomes.

Pursue priority areas where partnership arrangements will provide tangible benefits to the local area.

Ordinary Meeting of Council - 27 June 2017	GB.3 / 36

Item GB.3	DA0115/16
	30 May 2017

development application

Summary Sheet

Report title:	9, 11 & 11A Livingstone Ave, Pymble - Demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works
ITEM/AGENDA NO:	GB.3

Application No:	DA0115/16
Property Details:	9, 11 & 11A Livingstone Ave, Pymble Lot & DP No: Lot C DP 391729 & Lot 2 DP 540437 & Lot 1 DP 540437 Site area (m²): 3614.5m² Zoning: R4 High Density Residential
Ward:	Comenarra
Proposal/Purpose:	Demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works
Type of Consent:	Local
Applicant:	Brewster Murray Pty Ltd
Owner:	Pymble Livingstone Pty Ltd
Date Lodged:	16 March 2016
Recommendation:	Approval

Purpose of Report

To determine Development Application No. DA0115/16 which seeks to demolish the existing structures on site and construct a residential flat development containing 22 units, basement parking and landscaping works.

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: Building height, side setbacks

Submissions: Original proposal: 6 submissions; amended proposal: 5 submissions

Land & Environment Court: N/A

Recommendation: Approval

History

Site

The site has a history of residential use.

Pre-DA

On 21 July 2015, a Pre DA consultation was undertaken for the proposed demolition of the existing structures and construction of a residential flat building and multi-dwelling housing development comprising 24 units and basement car parking. The applicant was advised of the following key issues:

· side and rear setbacks (6 metres required for residential flat building)

· excessive density given site constraints

· building bulk/scale impacts to south-western side, including location of elevated access paths/ramps, Units 08 & 09

· building separation

· riparian and biodiversity land constraints

· heritage impacts (adjoining property)

· relationship with existing ground levels/topography

· unit amenity (rear RFB units and living spaces to Units 06 & 07)

· tree protection

· water management/engineering

DA History

16 March 2016 The application was lodged.

1 April 2016 The application was notified to neighbouring property owners and advertised for a period of 30 days.

20 July 2016 A letter was sent to the applicant advising of issues relating to:

Planning & urban design

- height

- building storeys

- top storey design

- Side/rear setbacks and building separation

- Relationship to ground line

- Apartment mix and accessibility

- Building entries, building form and facades

Heritage

- roof design and finishes

Engineering

- water management

- driveway gradient

- waste collection

- construction vehicle access

Landscaping

- deep soil landscape area

- building setbacks

- tree impacts

- private open space

- insufficient/unclear information

- BASIX inconsistencies

Neighbour amenity

- privacy/overlooking

- visual impacts (height, bulk and scale)

- density

- solar access

- setbacks

- traffic, parking and safety issues

- streetscape impacts

- tree impacts

8 September 2016 A meeting was held with the applicant to discuss the issues identified in Council’s letter and amendments required to enable further assessment. The applicant submitted conceptual amended plans.

29 September 2016 Council sent a response to the applicant detailing outstanding assessment issues (unresolved by draft amended plans) and inviting submission of amended plans

13 October 2016 Amended plans and information were submitted.

28 October 2016 Council sent a response to the applicant advising further detailed resolution and information was required in response to issues relating to:

- driveway and bridge design

- accessibility

- private open space

- urban design

- external form and aesthetics

- landscaping

The applicant was offered a final opportunity to amend their plans.

12 December 2016 Final amended plans and information were submitted.

22 December 2016 The amended application was notified to neighbouring property owners for a period of 21 days.

12 May 2017 The applicant provided written clarification on landscaping and architectural details and a revised BASIX Certificate in response to Council’s request.

The Site

Site description

The subject site comprises Lot C DP 391729, Lot 2 DP 540437 and Lot 1 DP 540437 and is known as Nos. 9, 11 and 11A Livingstone Avenue, Pymble. The three lots form an L-shaped site arrangement located on the north-western side of Livingstone Avenue, approximately 130 metres from its intersection with the Pacific Highway.

The site has a total area of 3614.5m², comprising a variable width from 44.395 metres at the front (south-eastern) boundary to 25.395 metres at the rear (north-western) boundary. The site depth ranges from 103.285 metres along the south-western side boundary to 50.83 metres along the north-eastern side boundary.

The topography of the site is marked by a significant depression that is centrally located and traverses the width of the site. The site slopes by approximately 5-7 metres from the street frontage to the depression and rises steeply to the rear. An easement for drainage exists within this depression, which is identified as a Category 3a riparian corridor on Council’s mapping system and. The site also exhibits a notable cross-fall of approximately 6.7 metres, representing a grade of 15%.

Existing features on the subject allotments are identified below.

Property address:	Site configuration:	Existing development:	Other features:
9 Livingstone Ave	Rectangular-shaped	Two storey brick dwelling	Drainage easement across rear of site
11 Livingstone Ave	Battleaxe-shaped (rear of No. 11A)	Two storey brick dwelling	Swimming pool
11A Livingstone Ave	Rectangular-shaped	Two storey brick dwelling	Swimming pool and drainage easement across site rear

Each lot benefits from individual driveway access to Livingstone Avenue. Development on each lot is sited within a landscaped setting, which contains a number of significant trees and biodiversity-significant land. South-eastern portions of the site are also identified as containing vegetation characteristic of an endangered ecological community, Blue Gum High Forest (BGHF).

The site does not contain a heritage item but its north-western (rear) corner adjoins a heritage item at No. 14 Pymble Avenue. The site is also within the vicinity of other heritage listed items at No. 1 Livingstone Avenue, No. 7 Pymble Avenue and No. 1116 Pacific Highway. The Orinoco Street Heritage Conservation Area is identified on the opposite side of Livingstone Avenue, however the site is located outside of this area.

Surrounding development

The site is located within an area zoned for high density residential development. This area broadly encompasses adjoining sites to the north (towards the Pacific Highway and Pymble local centre). The prevailing area to the south is broadly characterised by low density residential development, and also includes sites zoned E4 (Environmental Living), which adjoin the site to the south-west. The site is therefore in an area of transitional density, including a number of sites that are under-developed having regard to their zoning. Notwithstanding, a number of residential flat buildings exist in the vicinity, including 6-7 storey buildings under construction to the north in Everton Street and north-east in Livingstone Avenue.

Specifically, the site is immediately adjoined by neighbouring lots each containing single dwelling houses. Notably, the adjoining properties to the north-east at No. 7 Livingstone Avenue and Nos. 8 & 10 Pymble Avenue are zoned R4 - High density. The adjoining properties to the south-west are zoned E4 - Environmental living, and the heritage listed property adjoining the subject site’s north-western corner, No. 14 Pymble Avenue is zoned R2 – Low density. The properties on the south-eastern side of Livingstone Avenue, opposite the site, are zoned R2 – Low density.

The Proposal

The proposal, as amended, involves the demolition of the existing dwellings and associated structures on site and construction of a residential flat development containing 22 units, basement parking and landscaping works as follows:

· Two distinct building blocks (‘Building A’ and ‘Building B’) sited in response to the L-shaped site configuration.

· Building A is located within the site frontage (parallel to the street alignment) and consists of three storeys containing eight three-bedroom units and one two-bedroom unit.

· Building B is located within the narrow portion of the site’s rear (perpendicular to the street alignment) and consists of four storeys containing eight three-bedroom units and five two-bedroom units.

· Basement car parking consisting of 33 car spaces (including visitor spaces) is provided beneath the building footprints with driveway access to Livingstone Avenue at the south-western side of the frontage. The basement also incorporates waste storage areas, bicycle parking racks and a loading bay.

· Associated stormwater management and landscaping works are also proposed, including communal open space and a riparian vegetation area within biodiversity-significant land.

Amended plans

Amended plans were received in response to Council’s issues letter (refer to above DA history), which involved a number of design changes, including:

· number of units reduced from 23 to 22

· building height and top storey floor space reduced

· rear and side setbacks increased

· unit mix increased from entirely three-bedroom units to include six (6) two-bedroom units

· saw-tooth roof design amended in response to heritage comments

· building form and facades redesigned

· waste storage area relocated

· deep soil landscape area increased

· building footprint amendments to reduce encroachment in tree protection areas

Consultation

Community

In accordance with the Ku-ring-gai Local Centres DCP, owners of surrounding properties were notified of the application. In response, submissions from the following were received:

1. J Bai - 17 Livingstone Avenue, Pymble

2. P Buzacott - 4 Orinoco Street, Pymble

3. J Yi & J Mai – 15 Livingstone Avenue, Pymble

4. D & V Ming – 5 Livingstone Avenue, Pymble

5. Y D Forsyth – 7 Livingstone Avenue, Pymble

6. C Bold - 75 Livingstone Avenue, Pymble

The submissions raised the following issues:

Loss of privacy and amenity (including overlooking and acoustic/noise impacts)

Potential visual and acoustic privacy impacts to neighbouring properties have been assessed with respect to the applicable planning provisions (as below) and are considered acceptable, subject to conditions. The development as amended, will not significantly impact the acoustic privacy of neighbouring properties having regard to the transitional density context of the area, site layout and design considerations including building setbacks. Additional residential and traffic noise associated with the development will be minimal and no greater than that envisaged given the site zoning.

Visual privacy to neighbouring properties will be suitably protected by dwelling configurations, building setbacks, window placement, floor plan layouts and screen planting. The proposal will maintain appropriate visual privacy to neighbouring properties by orientating principle living spaces and associated windows of dwellings towards their respective private open spaces, with adequate building separation and the use of privacy measures such as screens, fencing and vegetation.

Devaluation of property

Devaluation of property is not a consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979.

Loss of security

The proposal is not expected to result in a loss of security for neighbouring properties. Suitable passive surveillance of the street and communal areas will be provided by the development and privacy aspects are acceptable as discussed above.

Impacts to significant trees and biodiversity

The proposal involves retention and protection of significant trees to the satisfaction of Council’s Landscape Assessment Officer, subject to conditions. Additionally, Council’s Ecological Assessment Officer has assessed the application with respect to biodiversity, including threatened species. The proposal is also considered to be acceptable in these respects, subject to Conditions 2, 5, 25, 87 and 88.

Loss of solar access

The proposal will maintain no less than 3 hours of solar access to the living rooms and principal private open space of adjoining properties between 9am and 3pm in midwinter. The proposal therefore complies with the Ku-ring-gai Local Centres DCP solar access control.

Overdevelopment & excessive built form and overbearing including height (visually overbearing/dominant)

The amended proposal is for 22 units across two distinct buildings, which are predominantly three storeys in height. The design complies with the floor space ratio development standard of the Ku-ring-gai LEP (Local Centres) 2012 and the proposed height as amended is considered acceptable as discussed below in relation to clause 4.6 of the LEP. Overall, the proposal demonstrates a building form compatible with that envisaged for the site given its high density zone and transitional context, and is sympathetic to the visual amenity of neighbouring properties and the streetscape. Additionally, the landscaping provision for the development, including canopy trees, will soften the appearance of built form as viewed from neighbouring properties and the street.

Design inappropriate and out of character with neighbouring properties (single dwellings)

The proposal is permissible within the R4 - High density residential zone and is consistent with the zone objectives. Aspects of design, including with respect to neighbourhood character, have been assessed by Council’s Urban Design Consultant having regard to the SEPP 65 Design Quality Principles and the proposal is considered to be acceptable, subject to conditions.

Heritage impacts

The site of the proposed development does not contain any heritage listed items, however the application was referred to Council’s Heritage Advisor in respect of potential impacts to heritage items in the vicinity of the site, including a conservation area opposite the site. In this regard it is concluded that impacts on the conservation area are minor and acceptable. Photographic archival recording of the existing structures on the site will be required by Condition 11.

Insufficient front setback

Building A has a relatively uniform front setback of 10 metres, which complies with the minimum street setback requirement of the DCP and is acceptable having regard to the transitional context of the site and neighbouring development. The building does not provide a 2 metres articulation zone beyond the front building alignment as also required by the DCP. Nonetheless, the proposal is acceptable having regard to its relationship with the streetscape by virtue of the substantial soft landscaped area within the front setback, which includes provision for existing and proposed trees and vegetation to soften the appearance of the built form. Additionally, the site falls considerably from the front boundary to the depression across the centre of the site, such that the building form is recessive as viewed from the street.

Insufficient parking

The proposal provides 33 car spaces (including visitor spaces) in accordance with the requirements of the DCP and to the satisfaction of Council’s Development Engineer. Accordingly, adequate car parking is proposed.

Pollution, including dust

The proposed development is unlikely to result in any significant pollution. Stormwater management measures will minimise runoff in accordance with DCP requirements and to the satisfaction of Council’s Development Engineer, subject to conditions. Aspects of demolition and construction management may be suitably managed by conditions of consent, including dust control and environmental site management measures (Conditions 61 and 29).

Noise

Construction noise will be suitably addressed via noise and vibration management plan to be prepared in accordance with AS2436 - 2010 and with the Office of Environment and Heritage Interim Construction Noise Guidelines (Condition 21). Construction work will also be restricted to suitable daytime hours (Condition 55).

Traffic congestion (including construction traffic/vehicles) and related safety issues, including pedestrian safety

The application is accompanied by a detailed traffic report demonstrating that the development will not have an adverse impact upon traffic flows and movements within the local area. Council’s Development Engineer is satisfied with traffic aspects of the proposal, subject to conditions. The engineering assessment has had due regard to aspects relating to driveway access, egress, manoeuvring and related safety implications and no objections are raised to the proposal in these respects. A Construction Traffic Management Plan will address vehicular traffic during the construction phase of the development as required by Condition 13.

Cumulative impacts associated with neighbouring flat building developments

The proposed development has been assessed on its own merits against the provisions of the Environmental Planning and Assessment Act 1979 and is considered to be acceptable, subject to conditions. Broader impacts associated with increased residential density were anticipated as part of the rezoning of this locality.

Proposal may contravene the Federal Human Rights Act/rights of the aged

Matters raised in the above respects include standard of living, physical health and privacy. The proposed development has been assessed as required having regard to the relevant matters for consideration under the Environmental Planning and Assessment Act 1979 and is considered to be acceptable in so far as it relates to residential amenity, subject to conditions.

Amended plans

Amended plans received on 12 December 2016 were also notified to surrounding properties. In response, additional submissions from the following were received:

1. P Buzacott - 4 Orinoco Street, Pymble

2. D & V Ming – 5 Livingstone Avenue, Pymble

3. Y D Forsyth – 7 Livingstone Avenue, Pymble

4. JP & LD Rasmussen – 10 Orinoco Street, Pymble

5. BA Smith – 204/9 Everton Street, Pymble

The submissions raised the following additional issues:

Notification unjust and unfair over Christmas – new year period

The original proposal and amended plans were notified in accordance with the provisions of the Local Centres DCP as required.

Housing affordability not addressed

The proposal is not for affordable housing.

Housing mix and accessibility is unsatisfactory

The proposed development as amended provides a reasonable mix of two and three bedroom units with accessibility provision, subject to conditions. A market assessment has been submitted in support of the proposed unit mix. Whilst this is not a development under SEPP Seniors Living, the proposal provides suitable access for the ageing demographic has been provided, including at grade access from the street to both buildings via pedestrian footbridges and communal lifts from the basement car parks. Suitable access provision is required by Conditions 28, 36 & 98.

Stormwater management, including impacts of overland water flow and easement ownership issues

Aspects relating to stormwater management are considered to be satisfactory by Council’s Development Engineer with respect to the Local Centres DCP. The establishment of easement rights is the subject of a deferred commencement condition (Schedule A Condition)

Loss of community

Community/social interaction aspects of the proposal are to the satisfaction of Council’s Urban Design Consultant. The development includes provision of a large communal open space area located centrally on the site for social interaction and recreational opportunities, including BBQ facilities. This will be improved by providing access to this area from the main entry bridge as required by Condition 23.

Loss of amenity/health impacts

The proposed development has been designed sympathetically with regard to the amenity of neighbouring properties, including provision of solar access.

View loss

The proposal as amended constitutes an acceptable building form, which will not result in any unreasonable loss of views, noting there are no iconic views across the subject site.

Within Council

Engineering

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

Water management

The existing stormwater pipe through the property has been plotted on the survey plan. This is satisfactory.

The submitted title certificate and DP712641 only describe the easement over 15 Livingstone Avenue which benefits 17 Livingstone Avenue. The development will not drain into this easement, but into the 3.05 metres wide easement over the trunk drainage system within 15, 17, 19 and 21 Livingstone Avenue.

A copy of DP1132255 and the Instrument AE272172V has been obtained. The only properties which benefit from the easement are 2 Pymble Avenue and 2 – 4 Everton Street. The establishment of easement rights is the subject of a deferred commencement condition (Schedule A Condition).

The plans show the structure over the easement to be readily removable as requested.

The water management plans have been amended but do not contain any further detail on the re-use of the stored rainwater. The required modelling to demonstrate that Council’s target of a 50% reduction in runoff days conditioned to be carried out prior to Construction Certificate issue (Condition 30).

Traffic and parking

Car stackers are proposed for 5 units, which is acceptable. The plans show 29 resident and 4 visitor parking spaces. This satisfies the range of resident and visitor spaces required under the Local Centres DCP for the proposed unit mix.

Waste management

The waste collection area has been relocated inside the basement entry by amended plans as required. A longitudinal section has been provided along the entry driveway demonstrating a compliant minimum headroom of 2.6 metres – Drawing DA300 Section 03.

The application is acceptable, subject to conditions.

Landscaping

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

Impacts on significant existing trees

An amended Arboricultural Impact Assessment, prepared by Advanced Treescape Consulting (dated 25/11/16), has been submitted with the application. Tree numbers refer to this report.

Tree removal

Significant trees to be removed:

Tree 25/ Angophora floribunda(Rough barked Apple) - This tree is located at the south-western corner of the site. The tree is in poor condition. There is no objection to the removal of this tree.

Tree 26/ Liquidambar styraciflua (Liquidambar) - This tree that is incorrectly identified as a Jacaranda mimosifolia (Jacaranda) is located at the south-western corner of the site, on the front boundary. The tree has a significant ivy infestation. There is no objection to the removal of this tree.

Tree 41/ Liquidambar styraciflua (Liquidambar) - This tree is located on the south-western boundary, within the centre of the site. The tree is in good health and condition. The tree is to be removed for the basement of the rear building. There is no objection to the removal of this tree.

Tree 43/ Cornus sp. - This tree is located within the centre of the site. The tree is in good health and condition, however is required to be removed for the rear building. There is no objection to the removal of this tree.

Tree 48/ Cedrus deodara (Himalayan Cedar) - This tree is located at the north-eastern corner of the site. The tree has a suppressed form due to the canopy of Tree 49. The tree is to be removed for the rear building. There is no objection to the removal of this tree.

Tree 51/ Liquidambar styraciflua (Liquidambar) - This tree is located at the north-eastern corner of the site. The tree is a fair specimen. The tree is to be removed for the rear building. There is no objection to the removal of this tree.

The application proposes the removal of 23 trees of moderate to low retention value. Two of these trees are exempt species under Cl 1.3 Volume C Ku-ring-gai Local Centres DCP. Trees 31 -36, located on the south-western boundary, are in good condition and provide existing neighbouring amenity. These trees are to be retained and protected (Condition 28). The arborist recommendations for removal of the remaining trees are considered satisfactory and there is no objection to their removal.

Street trees to be removed

There are no street trees to be removed as part of this application.

Trees to be retained

Tree 1/ Eucalyptus saligna (Sydney Blue Gum) - This tree is located within the centre of the site. This tree is to be retained and protected. The proposed impacts are considered acceptable.

Tree 2/ Eucalyptus saligna (Sydney Blue Gum) - This tree is located within the centre of the site. This tree is to be retained and protected. The proposed excavation for the basement in association with the proposed building will be approximately 6% of the tree protection zone. The majority of the encroachment is within existing built structures and the level of impact is therefore considered acceptable.

The proposed ground floor decking and access paths for private courtyards of Apartments 1-5 will cover a further approximately 9% of the tree protection zone.

The proposed impacts are considered acceptable.

Tree 3/ Eucalyptus saligna (Sydney Blue Gum) - This tree is located within the centre of the site. This tree is to be retained and protected. The proposed impacts are considered acceptable.

Tree 4/ Eucalyptus saligna (Sydney Blue Gum) - This tree is located within the front setback of the site. This tree is to be retained and protected. The proposed excavation for the basement in association with the existing house footprint will be in excess of 10% of the tree protection zone. The proposed lawn area as common open space will adversely impact Tree 4 and is not supported. Existing levels are to be retained in association with planting similar to south of Tree 4 (Condition 28). The majority of the encroachment is within existing built structures and the level of impact is therefore considered acceptable.

Tree 5/ Angophora floribunda (Rough barked Apple) - This tree is located within the front setback of the site. This tree is to be retained and protected. The proposed excavation for the private courtyards will be less than 10% of the tree protection zone. The proposed impacts are considered acceptable.

Tree 6/ Angophora floribunda (Rough barked Apple) - This tree is located within the front setback of the site. This tree is to be retained and protected. The proposed excavation for the private courtyards will be less than 10% of the tree protection zone. The proposed impacts are considered acceptable.

Tree 30/ Angophora floribunda (Rough barked Apple) - This tree is located at the south-western corner of the site, within the adjoining property. The tree has a significant ivy infestation. The proposed driveway impacts will be less than 10% of the tree protection zone. The proposed impacts are considered acceptable.

Tree 37 - 40/ Backhousia myrtifolia (Ironwood), B. myrtifolia (Ironwood), Pittosporum undulatum (Native Daphne), P. undulatum (Native Daphne) - These trees are located along the south-western boundary. The proposed impacts are considered acceptable.

Tree 49/ Syzygium paniculatum (Brush Cherry) - This tree is located at the north-eastern corner of the site. The proposed excavation for the basement will be less than 10% of the tree protection zone. The proposed impacts are considered acceptable.

Tree 50/ Cinnamomum camphora (Camphor laurel) - This tree is located at the north-eastern corner of the site. The proposed excavation for the basement will be less than 10% of the tree protection zone. The proposed impacts are considered acceptable.

Deep soil landscaping

The minimum deep soil landscaping requirement for these properties is: 40% of the site area (where basement parking is provided).

Site area: 3614.5m²

Numerical compliance: 50% (1807.25m²)

Proposed total deep soil area: 51.18% (1850m²)

The proposal will comply with the minimum deep soil zone requirement.

Tree replenishment

The site should support a minimum 11 trees that can attain 13 metres in height. The proposal provides 14 trees and is therefore satisfactory in this respect.

Communal open space

A communal open space has been provided at the centre of the site within the core riparian zone. The area includes a lawn area, a BBQ and some seating. The access report has not verified the provision of access to any one communal open space at ground level. To this effect, the BBQ area is to be relocated to the western end of the communal open space with an accessible path from Building A provided from the basement lift (Condition 28).

Private open space

To ensure sufficient space for deep soil planting within the adjoining common areas, the proposed private open space at ground floor are to be consistent with the controls.

Clotheslines are not to be located within private open space within the front setback of Apartments A01-A06 (Condition 28).

Landscape plan

The landscape plan is to be amended by Condition 28 :

Cut and fill

Landscape cut or fill should not be more than 600mm above or below the natural ground line as required by the DCP. To maintain existing levels to garden bed along eastern boundary of Block B, a retaining wall is to be provided along the access path by (Condition 28). Additionally, as required by Condition 28, access from B10 to the maintenance path is to be relocated to the northern boundary of the private open space to allow for stairs (RL115.20) and a path to the communal open space (RL112.73). Similarly, the central communal lawn area is to keep to existing grade. The BBQ area is to be relocated in association with entrance path.

Basix

The amended Basix certificate is acceptable.

Environmental site management plan

The ESMP is to be amended to include tree protection that allows for construction access (Condition 29). Tree protection fencing is to be provided for street trees and the riparian zone. Ground protection is to be provided where access or storage is required within tree protection zones of trees to be retained.

Conditions have also been recommended to resolve drawing inaccuracies/inconsistencies.

The amended proposal is acceptable, subject to conditions.

Ecology

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

The vegetation on site was inspected to determine the presence/absence of native plant communities. Areas of vegetation towards the front of the site and within the rear was determined to be representative of Blue Gum High Forest (BGHF), which is listed as a Critically Endangered Ecological Community (CEEC) under the Threatened Species Conservation Act 1995.

Ecological constraints/environmental controls

The native vegetation (BGHF) within the site has been mapped as an area of “biodiversity significance” under the under the KLEP (Local Centres) (2012).

Ecological impacts

A detailed flora and fauna investigation and assessment of the impact of the proposal upon threatened species, endangered ecological communities and endangered populations has been prepared by Keystone Ecological.

A review of the arborist report has identified 10 BGHF canopy trees, including 4 Eucalyptus saligna (Sydney Blue Gum), 2 Pittosporum undulatum (Sweet Pittosporum), 4 Angophora floribunda (Rough-barked Apple). One Rough-barked Apple identified (T25), representative of BGHF is proposed for removal due to poor condition.

The impacts of the proposal upon the onsite BGHF community are proposed to be mitigated by the retention and enhancement of BGHF under a vegetation management plan.

An impact assessment (7-part test) has been prepared in accordance with section 5a of the Environmental Planning & Assessment Act 1979 to assess the impacts of the proposal upon the BGHF community. The impact assessment conclusion that the proposed development will not result in a significant impact upon the BGHF community is supported.

The application is acceptable, subject to conditions.

Heritage

Council's Heritage Advisor commented on the amended proposal as follows:

Heritage status

The site is not a heritage item but adjoins a heritage item at 14 Pymble Avenue and is within the vicinity of the following items:

No 1 Livingstone Avenue (Church);

No 7 Pymble Avenue; and

No 1116 Pacific Highway (former Police Station).

Clause 5.10 (4) of the (Local Centres) 2012 LEP requires Council to consider the effect of the proposed development on the heritage significance of the item or the area concerned. Clause 5.10 (5) allows Council to require a heritage management document (HMD) before granting consent.

Statement of significance

The following is the Statement of Significance for the adjoining heritage item:

Reason for listing; cultural, architectural, municipal significance.

Note: the information states it has been altered or extended unsympathetically (possibly the garage/studio addition).

The following is the statement for the Orinoco Street HCA which is located opposite the site:

Historical significance:

The Orinoco Street HCA is of historical significance as a highly intact area of Federation and Inter-war housing, representative of the development of the Hamilton Estate after the opening of the North Shore railway line in 1890. A significant portion of the houses, (six houses) were designed between 1913 and 1930 by a single architectural firm, and therefore illustrate changing designs from the same firm over this period.

Aesthetic significance:

The Orinoco Street HCA is considered to be of high aesthetic significance for its concentration of architect-designed houses (seven in total in the area). The street contains six houses designed by the architectural firm Peddle Thorp or Peddle Thorp & Walker between 1913 and 1930, and these houses illustrate changing designs from a single prominent Sydney architectural firm over this period.

Demolition

The dwellings proposed to be demolished are all post war dwellings. The HIS states that No 9 Livingstone Avenue was constructed by a Chatswood builder- F. A. Nielson in 1955 and completed by 1956. It claims that the lots now forming Nos 11 & 11A Livingstone Avenue were subdivided in 1970 and the existing houses were built shortly later.

The existing dwellings on the site are considered to have no significant heritage values and no heritage objections are raised with their demolition. However, photographic recording to archival standards is recommended (Condition 11).

Heritage management document

A Statement of Heritage impact (HIS) was submitted with the application and prepared by an experienced heritage consultant. It is generally prepared in accordance with the guidelines prepared by the NSW Heritage Council and has considered the Local Centres LEP & DCP. Consideration of the DCP is minimal and it simply states the proposal is considered to be consistent with the guidelines without any discussion on the objectives or controls.

Of relevance, in relation to potential heritage impacts the SHI states:

The proposal provides two zones of garden area (public and private) onto the street. This is in-keeping with the character of the surrounding neighbourhood.

The proposed dwellings do not alter or obscure any views or understanding of the Orinoco Conservation Area.

The proposal is set beyond, and to the west of the rear boundary of the heritage item, and is generally screened by the existing cabana/garage structure. The setting of the heritage item is not altered.

The proposal does not impact on any views of the heritage item from Pymble Avenue.

The SHI concludes:

The proposed works described above do not adversely affect the identified significance of the heritage item at 14 Pymble Road (sic), Pymble, or the Orinoco Street Conservation Area. Council should have no hesitation, from a heritage perspective, in approving the application.

Controls

The Ku-ring-gai Development Control Plan (Local Centres) 2012 Volume B Section 7 provides objectives and controls for development within the vicinity a Heritage Item. The following controls are relevant and apply to the site;

*7.3 DEVELOPMENT IN THE VICINITY OF A HERITAGE ITEM*
*Development Control*	*Complies*
*General*
1 Development in the vicinity of a heritage item is to be sympathetic to the heritage item having regard to form, proportions, materials and colours, siting and orientation; setting and context and streetscape patterns	Partially
2 An applicant’s Statement of Environmental Effects or Heritage Impact Statement must discuss the effect that the proposed development will have on a heritage item, including its garden.	Yes
3 Significant views to and from heritage items are to be protected.	Yes
4 Development in the vicinity of a heritage item must respect the curtilage and setting of that item.	Yes
5 An application for development in the vicinity of a heritage item must demonstrate that the construction process will not result in damage to the heritage item or its setting.	No
*Residential Context*
New development adjacent to a heritage item must comply with the following: iii) must have a minimum 12m building separation to the heritage, iv) must not exceed a facade height of 8m from existing ground level; v) any building mass above 8m high from existing ground level must be stepped back an additional 6m from the heritage item; vi) front setbacks must be at least 2m more than the front setback of the adjoining heritage item, for that portion of the new building whose height exceeds the height of the heritage item. vii) where variations in setbacks exist the larger setback will apply; viii) any new development must have a maximum 36m wall length to any boundary.	No Yes No N/A N/A Yes
7 Screen planting on side and rear boundaries adjoining a heritage item site is to achieve a minimum mature height of 4m	Yes
8 Front and side fences are to be no higher than the fence of the adjoining heritage item. Front fences must be open and transparent such a timber picket or metal palisade. Side fences are to be timber.	Yes

*7.6 DEVELOPMENT IN THE VICINITY OF A HERITAGE CONSERVATION AREA*
*Development Controls*	*Complies*
*General* This part applies to development on sites that directly adjoin a heritage conservation area (HCA) or are within close proximity to the HCA.
1 Development in the vicinity of a conservation area is to be sympathetic to the HCA by having regard to: i) siting and orientation; ii) materials and colours; iii) setting and context; iv) streetscape patterns; v) form of the buildings in the HCA including height, roofline, setbacks and building alignment; and vi) proportions including door and window openings, bays, floor to ceiling heights and coursing levels.	Yes Yes Yes Yes Partially N/A
2 An applicant’s Statement of Environmental Effects or Heritage Impact Statement must discuss the effect that the proposed development will have on the HCA, including the setting and streetscape.	Yes
3 Significant views to and from the HCA are to be protected.	Yes
4 Development in the vicinity of an HCA must respect the curtilage and setting of the HCA.	Yes
5 The treatment of the facade of new development adjacent to the conservation area should relate to the dominant architectural cues which characterise the HCA such as horizontal lines and vertical segmentation.	N/A
6 An application for development in the vicinity of the HCA must demonstrate that the construction process will not result in damage to places within the HCA or its setting.	N/A

Comments on DCP controls

1 Development in the vicinity of a heritage item is to be sympathetic to the heritage item having regard to form, proportions, materials and colours, siting and orientation; setting and context and streetscape patterns

The proposed development is set behind the heritage item on land that falls below the level of the item. The form of the proposed development is contemporary which does not conflict with the form of the heritage item. The proportions are contemporary although the saw toothed proportion of the roof is not complimentary to the adjoining item and has an almost industrial appearance, not considered appropriate in a residential setting. The dark colour to the upper floors is not considered appropriate in a residential context although might be proposed to reduce visual impacts. The siting of the proposed buildings is reflective of the exiting lot boundaries.

Planner’s comment: amendments have been made in response to the above and the saw-tooth design has been replaced with a slanting flat-roof design with tapered edges.

5. An application for development in the vicinity of a heritage item must demonstrate that the construction process will not result in damage to the heritage item or its setting.

The applicant has prepared a geotechnical assessment of the site. The recommendations in the report are extensive and include groundwater controls, temporary shoring, permanent shoring and permanent retaining. A series of recommendations are provided for the design and construction phase is provided in the report. Provided these recommendations are undertaken, any damage to the heritage item should be appropriately managed via standard conditions in any future consent.

New development adjacent to a heritage item must comply with the following:

iii) must have a minimum 12m building separation to the heritage item;

The new development is about 11m from the garage/cabana and is less than the required setback. The proposed rear building is roughly set out to the 6m building setback line, however, due to the shape of the rear lot boundary, only partially achieves the minimum 6m setback. The non-compliance is considered minimal and acceptable.

New development adjacent to a heritage item must comply with the following:

iv) must not exceed a facade height of 8m from existing ground level;

The drawings indicate that the wall height to the rear building near the adjoining heritage item is about 7.2m, and has a satisfactory relationship with the adjoining item. However, the ground level appears to be raised at this point and it is unclear if it achieves a façade height of 8m.

New development adjacent to a heritage item must comply with the following:

v) any building mass above 8m high from existing ground level must be stepped back an additional 6m from the heritage item;

The height of the floor above the 8m level is only set back 4.200m (scaled) and does not comply with this control.

1. Development in the vicinity of a conservation area is to be sympathetic to the HCA by having regard to:

v) form of the buildings in the HCA including height, roofline, setbacks and building alignment; and

vi) proportions including door and window openings, bays, floor to ceiling heights and coursing levels.

The form of the propose buildings is contemporary and not related to the Inter War character of the nearby HCA. On balance, it is not considered necessary to follow the form, proportions or fenestrations, floor to ceiling heights or coursing levels in the nearby HCA. The subject site is located at a lower ground level, the existing and proposed landscaping and separation of the roadway will assist in mitigating any visual impacts or impacts. It should also be noted the HCA precinct is oriented towards Orinoco Street but partially extends to a small portion of Livingstone Avenue opposite the subject site. The heritage impacts on the HCA are thus considered to be within acceptable limits.

Comments

The subject site is a difficult site to develop to achieve the expectations envisaged in the re-zoning. It has difficult topographical features and a riparian zone running roughly through the centre of the site. The proposal is considered to be an acceptable response to the natural features on the site.

The garage/cabana of the adjoining heritage item is located approximately 5m (scaled) from the rear boundary of the subject site. However, it is considered that the visual impacts on the partially adjoining heritage item are limited.

Other nearby heritage items are on the opposite side of Everton Street with frontage to the Pacific Highway, 1116 Pacific Highway (former police station) and Church at 1082- 1084 Pacific Highway and are out of the immediate visual setting of the site. There is also a heritage item at No 7 Pymble Avenue (to the north-west), also out of the immediate visual setting of the site.

The immediate vicinity of the site, particularly the area to the north in Pymble Avenue/Avon Road and to the east, is undergoing considerable change and no longer represents a low scale residential area. The adjoining sites to the west in Livingstone Avenue are zoned E4 – Environmental Living.

Conclusion and recommendations

There are minor non-compliances with the DCP objectives and controls in the Local Centres DCP. These non-compliances mainly affect the relationship of the proposed development to a later garage/cabana structure on the adjoining heritage item’s site.

Impacts on the HCA and other nearby heritage items are considered to be acceptable.

Photographic archival recording of the existing structures on the site is recommended (Condition 11).

Building

Council's Senior Building Surveyor commented on the proposal as follows:

The DA plans in general comply with the Building Code of Australia requirements. The following standard Building conditions apply;

1. Compliance with the Building Code of Australia.

2. Copy of the final fire safety certificate to be submitted with the final occupation certificate to the Council.

3. Comply with the access to premises standards at the CC stage.

The above conditions will be applied to the development (Conditions 54, 110 & 36).

Outside Council

Urban design

Council’s urban design consultant commented on the amended proposal as follows:

Assessment against SEPP 65 Design Quality Principles

Context and neighbourhood character

The proposed development is a 'transitional' site from the R4 zoned high density residential to the north and east of the site and the lower density single dwelling character to the south and west of the site.

The area is characterised by steep topography with single dwellings on large lots. The tall trees and generous setback establish a character defined by dwellings in a landscape.

To the north and east of the proposed development a recent approval of a residential flat development comprises 6-7 storeys. The massing of this development was resolved to ensure solar access is available to this site.

The proposed development is sensitive to the riparian zone that traverses the site.

Further to the south, the riparian zone moves closer to Livingstone Ave resulting in substantial setbacks from Livingstone Ave.

This large setback gives additional prominence to the Livingstone Ave building – this corner has been discussed at length and meetings with the architect and applicant.

This corner is dominated by the driveway entrance that passes under the corner of the building and ramps below, improvements have been made in this area - specifically by reducing the width of the driveway to a single carriageway.

Articulation to the southern boundary has improved with blades, Juliet balconies and changes in material.

Built form and scale

The site has a significant change in grade from the east and west to the riparian zone in the centre. The building mass has been articulated and formed with consideration to the impacts on the adjoining properties - particularly with respect to preserving adequate solar access to the dwelling at the south of the site.

The development has been orientated to the north-east away from the single dwelling at the south. Common access balconies are provided with 1650mm high screening to preserve the privacy on the adjoining site.

The frontage to Livingstone Ave provides an activated edge with individual pedestrian entrances from the 'terrace' style dwellings that front it.

Access to the remainder of the site is through a communal entrance that connects to the building at the rear by a bridge.

The orientation of the buildings and apartments in the development respond to the context, site geometry, constraints and maximises northern solar access to living rooms.

Density

The density and form of the development for the site is satisfactory given the proximity to Pymble Train Station.

Sustainability

The proposed development responds well to the context and responds to passive solar design principles, with good orientation, cross ventilation and shading provided over windows.

Landscape

The site contains significant landscaped areas that are concentrated in the middle of the site. Grassed areas are provided for more active recreation - however it is unclear how the central area is to be accessed (this is addressed by Condition 28 to ensure access).

Amenity

The layout of the proposed development provides for apartments with satisfactory amenity. Some of the bedrooms have been provided with minimum dimensions below the 3m required by the design criteria in the ADG, however the dimension in the other direction and the area far exceed the minimum requirements. The rooms remain functional and can be furnished appropriately. This is with the exception of Unit 21. The bedroom to the south should be increased in size - this can be achieved by reducing the size of the bedrooms to the north (Condition 23).

A generous quantity of storage is provided in the basement.

Many of the units have a maisonette / townhouse format with good size living areas on the ground floor that open to private courtyards.

Safety

The common spaces provide good visual connections between them and the units and the public domain to provide safety and security for the residents.

Housing diversity and social interaction

The majority of the development is provided with 2 and 3 bedroom dwellings. This has been supported by a market assessment.

The central communal space if accessible form the main entry bridge would provide a successful communal open space that would contribute to opportunities for social interaction for people living in the development.

Aesthetics

The proposed development has seen an improvement in the overall presentation and articulation of the built form. The top floor is expressed as a 'mansard' style roof that assists in breaking down the scale, this combined with the dormer style windows assist in making this a successful development that transitions from the high to the low density development.

The pedestrian bridge that links the two buildings has been refined and the location

amended to reduce the impact on adjoining development. The 3 dimensional views indicate that has a perforated balustrade to about 1.5-1.8 metres high. This restricts views from the pedestrian bridge - given the distance from the boundary this is considered unnecessary and increases the bulk of this element. This should be reduced in height of a maximum of 1.1 metres (Condition 23).

The balustrades on the unit 9 appear to have a height greater than 1 metre. There is no need for privacy at this location as the dwelling house is located away from this part of the development and it overlooks the street. This should be reduced to 1.1 metres to provide the rooms with an outlook to the street (Condition 23).

Department of Primary Industries – Water

The application was referred to the Department of Primary Industries – Water with respect to the drainage line that traverses the site and any controlled activity approval that may be required for the development under the Water Management Act 2000.

The Department of Primary Industries (DPI) Water provided the following comments in response:

DPI Water (formerly the NSW Office of Water) has reviewed documents for the above development application and considers that, for the purposes of the Water Management Act 2000 (WM Act), a controlled activity approval is not required and no further assessment by this agency is necessary for one of the following reasons.

· The proposed activity is not occurring on waterfront land (which includes (i) the bed of

any river together with any land within 40 metres inland of the highest bank of the river, or (ii) the bed of any lake, together with any land within 40 metres of the shore of the lake, or (iii) the bed of any estuary, together with any land within 40 metres inland of the mean high water mark of the estuary).

Please note: Temporary dewatering of an amount above 3 ML may require a water licence to

be obtained from DPI Water before construction commences.

Please note that the proposal must not incorporate provision for the permanent or semi-

permanent pumping of groundwater seepage from below-ground areas. A fully tanked

structure must be used.

Should the proposed development be varied in any way that results in development extending onto land that is waterfront land, or encompassing works that are defined as controlled activities, then DPI Water should be notified.

Statutory Provisions

Acts

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.

State Environmental Planning Policies

Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005

SREP 2005 applies to the site as it 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.

State Environmental Planning Policy (BASIX): 2004

A BASIX certificate was lodged with the application as required and a revised certificate was submitted with the amended plans. The revised certificate demonstrates compliance with the provisions of the SEPP and is consistent with commitments identified in the application documentation, subject to conditions.

State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

SEPP 65 aims to improve the design quality of residential flat buildings across NSW and provides an assessment framework, the Apartment Design Guide, for assessing ‘good design’.

Clause 50(1A) of the Environmental Planning and Assessment Regulation 2000 requires the submission of a design verification statement from the Architect at lodgement of the development application. This documentation has been submitted and is satisfactory.

The SEPP requires the assessment of any development application for residential flat development against the design quality principles contained in the SEPP which has been undertaken by Council’s Urban Design Consultant. The SEPP also requires consideration of the matters contained in the publication Apartment Design Guide. As such, the following consideration has been given to the requirements of the Apartment Design Guide.

Pursuant to Clause 30(2) of SEPP 65 in determining a development application for a residential flat building the consent authority is to take into consideration the Apartment Design Guide (ADG). The following table is an assessment of the proposal against the guidelines provided in the ADG.

ADG COMPLIANCE TABLE

Guideline

Compliance Y/N

Objective 3A-1

Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context

YES

Objective 3B-1

Building types and layouts respond to the streetscape and site while optimising solar access within the development

YES

Objective 3B-2

Overshadowing of neighbouring properties is minimised during mid-winter

YES

Objective 3C-1

Transition between private and public domain is achieved without compromising safety and security

YES

Objective 3C-2

Amenity of the public domain is retained and enhanced

YES

Objective 3D-1

An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping

YES

Design criteria

1.	Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)
2.	Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)

(20%)

YES

Objective 3D-2

Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting

YES

Objective 3D-3

Communal open space is designed to maximise safety

YES

Objective 3D-4

Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood

N/A

Objective 3E-1

Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality

YES

Design criteria

Deep soil zones are to meet the following minimum requirements:

Site area	Minimum dimensions	Deep soil zone (% of site area)
less than 650m²	-	7%
650m²- 1,500m²	3m	7%
greater than 1,500m²	6m	7%
greater than 1,500m² with significant existing tree cover	6m	7%

YES

(41%)

Objective 3F-1

Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy

YES

Design criteria

Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

Building height		Habitable rooms and balconies	Non-habitable rooms	Proposal
up to 12m (4 storeys)		6m	3m	5.7m
up to 25m (5-8 storeys)		9m	4.5m	N/A
over 25m (9+ storeys)		12m	6m	N/A

Note:	Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2) Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties

Objective 3F-2

Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space

YES

Objective 3G-1

Building entries and pedestrian access connects to and addresses the public domain

YES

Objective 3G-2

Access, entries and pathways are accessible and easy to identify

YES

Objective 3G-3

Large sites provide pedestrian links for access to streets and connection to destinations

YES

Objective 3H-1

Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

YES

Design guidance

Car park access should be integrated with the building’s overall facade. Design solutions may include:

· the materials and colour palette to minimise visibility from the street

· security doors or gates at entries that minimise voids in the facade

· where doors are not provided, the visible interior reflects the facade design and the building services, pipes and ducts are concealed

YES

Objective 3J-1

1.	Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas

YES

Design criteria

For development in the following locations:

· on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

· on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less.

The car parking needs for a development must be provided off street

YES

Objective 3J-2

Parking and facilities are provided for other modes of transport

YES

Objective 3J-3

Car park design and access is safe and secure

YES

Objective 3J-4

Visual and environmental impacts of underground car parking are minimised

YES

Objective 4A-1

To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space

YES

Design criteria

1	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas
2	In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid-winter
3	A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

YES

(100%)

N/A

YES

(0%)

Objective 4A-3

Design incorporates shading and glare control, particularly for warmer months

YES

Objective 4B-1

All habitable rooms are naturally ventilated

YES

Objective 4B-2

The layout and design of single aspect apartments maximises natural ventilation

YES

Objective 4B-3

The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents

YES

Design criteria

1	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed
2	Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

YES

(91%)

YES

(11.6m)

Objective 4C-1

Ceiling height achieves sufficient natural ventilation and daylight access

YES

Design criteria

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Minimum ceiling height for apartment and mixed use buildings		Proposal
Habitable rooms	2.7m	2.7m
Non-habitable	2.4m	2.7m
For 2 storey apartments	2.7m for main living area floor 2.4m for second floor, where its area does not exceed 50% of the apartment area	N/A
Attic spaces	1.8m at edge of room with a 30 degree minimum ceiling slope	N/A
If located in mixed used areas	3.3m for ground and first floor to promote future flexibility of use	N/A

YES

Objective 4C-2

Ceiling height increases the sense of space in apartments and provides for well-proportioned rooms

YES

Objective 4C-3

Ceiling heights contribute to the flexibility of building use over the life of the building

YES

Objective 4D-1

The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity

YES

Design criteria

Apartments are required to have the following minimum internal areas:

Apartment type	Minimum internal area	Proposal
Studio	35m²	N/A
1 bedroom	50m²	N/A
2 bedroom	70m²	75m²min
3 bedroom	90m²	110m²min

YES

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each

YES

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

YES

Objective 4D-2

Environmental performance of the apartment is maximised

YES

Design criteria

1	Habitable room depths are limited to a maximum of 2.5 x the ceiling height
2	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

YES

Objective 4D-3

Apartment layouts are designed to accommodate a variety of household activities and needs

YES

Design criteria

1	Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space)
2	Bedrooms have a minimum dimension of 3m (excluding wardrobe space) Proposed non-compliances: 2.7m width (Unit 21) and 2.8m width (Units 07 & 08)
3	Living rooms or combined living/dining rooms have a minimum width of: · 3.6m for studio and 1 bedroom apartments (N/A) · 4m for 2 and 3 bedroom apartments Proposed non-compliances: 2.8m width (Units 01, 02, 03 & 04)
4	The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

YES

Objective 4E-1

Apartments provide appropriately sized private open space and balconies to enhance residential amenity

YES

Design criteria

All apartments are required to have primary balconies as follows:

Dwelling type	Minimum area	Minimum depth
Studio apartments	4m²	N/A
1 bedroom apartments	8m²	N/A
2 bedroom apartments	10m²	2m
3+ bedroom apartments	12m²	2.4m
The minimum Balcony depth to be counted as contributing to the balcony area is 1m

(9m² and 2.3m min width)

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m

(11m² and 2.7m min depth)

Objective 4E-2

Primary private open space and balconies are appropriately located to enhance liveability for residents

YES

Objective 4E-3

Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building

YES

Objective 4E-4

Private open space and balcony design maximises safety

YES

Objective 4F-1

Common circulation spaces achieve good amenity and properly service the number of apartments

YES

Design criteria

1.	The maximum number of apartments off a circulation core on a single level is eight
2.	For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40

YES

Objective 4F-2

Common circulation spaces promote safety and provide for social interaction between residents

YES

Objective 4G-1

Adequate, well designed storage is provided in each apartment

YES

Design criteria

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

Dwelling type	Storage size volume
Studio apartments	4m³
1 bedroom apartments	6m³
2 bedroom apartments	8m³
3+ bedroom apartments	10m³

YES

At least 50% of the required storage is to be located within the apartment.

Dwelling type	Storage size volume
Studio apartments	4m³
1 bedroom apartments	3m³
2 bedroom apartments	4m³
3+ bedroom apartments	5m³

YES

(Condition 24)

Objective 4G-2

Additional storage is conveniently located, accessible and nominated for individual apartments

YES

Objective 4H-1

Noise transfer is minimised through the siting of buildings and building layout

YES

Objective 4H-2

Noise impacts are mitigated within apartments through layout and acoustic treatments

YES

Objective 4J-1

In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings

N/A

Objective 4J-2

Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission

YES

Objective 4K-1

A range of apartment types and sizes is provided to cater for different household types now and into the future

YES

Objective 4K-2

The apartment mix is distributed to suitable locations within the building

YES

Objective 4L-1

Street frontage activity is maximised where ground floor apartments are located

YES

Objective 4L-2

Design of ground floor apartments delivers amenity and safety for residents

YES

Objective 4M-1

Building facades provide visual interest along the street while respecting the character of the local area

YES

Objective 4M-2

Building functions are expressed by the facade

YES

Objective 4N-1

Roof treatments are integrated into the building design and positively respond to the street

YES

Objective 4N-2

Opportunities to use roof space for residential accommodation and open space are maximised

YES

Objective 4N-3

Roof design incorporates sustainability features

YES

Objective 4O-1

Landscape design is viable and sustainable

YES

Objective 4O-2

Landscape design contributes to the streetscape and amenity

YES

Objective 4P-1

Appropriate soil profiles are provided

YES

Objective 4P-2

Plant growth is optimised with appropriate selection and maintenance

YES

Objective 4P-3

Planting on structures contributes to the quality and amenity of communal and public open spaces

YES

Objective 4Q-1

Universal design features are included in apartment design to promote flexible housing for all community members

YES

Objective 4Q-2

A variety of apartments with adaptable designs are provided. Adaptable housing should be provided in accordance with the relevant council policy (acceptable as discussed below)

YES

Objective 4Q-3

Apartment layouts are flexible and accommodate a range of lifestyle needs

YES

Objective 4R-1

New additions to existing buildings are contemporary and complementary and enhance an area's identity and sense of place

N/A

Objective 4R-2

Adapted buildings provide residential amenity while not precluding future adaptive reuse

N/A

Objective 4S-1

Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement

N/A

Objective 4S-2

Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents

YES

Objective 4T-1

Awnings are well located and complement and integrate with the building design

YES

Objective 4T-2

Signage responds to the context and desired streetscape character

N/A

Objective 4U-3

Development incorporates passive environmental design

YES

Objective 4U-1

Objective 4U-2

Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer

Adequate natural ventilation minimises the need for mechanical ventilation

YES

Objective 4V-1

Potable water use is minimised

YES

Objective 4V-2

Urban stormwater is treated on site before being discharged to receiving waters

YES

Objective 4V-3

Flood management systems are integrated into site design

YES

Objective 4W-1

Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents

YES

Objective 4W-2

Domestic waste is minimised by providing safe and convenient source separation and recycling

YES

Objective 4X-1

Building design detail provides protection from weathering

YES

Objective 4X-2

Systems and access enable ease of maintenance

YES

Objective 4X-3

Material selection reduces ongoing maintenance costs

YES

An assessment of the variations to the design controls identified in the compliance table is provided below.

Communal open space

A central communal open space area is proposed as part of the development however the area represents 20% of the site, being less than the 25% minimum proportion specified by the design guidance. Notwithstanding, as stated by Council’s Urban Design Consultant, 690m² is a significant quantity of common area for the proposed 22 units. The subject area is centrally located on site, includes a lawn area, BBQ and seating and is considered to provide good amenity, including solar access. As required by Condition 28, an accessible path from Building A is to be provided from the basement lift. Council’s Landscape Assessment Officer is satisfied with the communal open space area, which will enhance residential amenity and provide opportunities for landscaping in accordance with the objective of 3D-1, subject to conditions.

Building separation

Building B is oriented towards the north-eastern side boundary and provides a setback of 5.7 metres to this boundary, which does not meet the 6 metres specified by the design criteria. Notwithstanding, the separation provided is considered acceptable given the existing dwelling on the adjoining property (8 Pymble Ave) is set back approximately 11 metres from the subject boundary and the approved residential flat building on that property (DA0145/15) indicates a setback of 24 metres. Therefore, the total building separation provided in the case of the existing scenario and future envisaged buildings are well in excess of the required 12m, being 16.7 metres and 29.7 metres. Council’s urban design consultant is satisfied with the building separation provided and the proposal meets the objective of the control to achieve reasonable levels of external and internal visual privacy. Building A is oriented to the street and rear open space/communal area and does not pose any building separation or significant privacy issues having regard to its side elevations.

Apartment layouts

Several proposed units provide room dimensions that do not meet the minimum internal dimensions specified by the design guidance as indicated in the above table. In particular, Unit 21 provides a bedroom width of 2.7 metres and Units 07 and 08 provide widths of 2.8 metres, which do not meet the specified 3 metres minimum dimension. Additionally, Units 01, 02, 03 and 04 provide living rooms with widths of 2.8 metres, which do not meet the specified 4 metres minimum dimension.

As required by Condition 23, the subject bedroom of Unit 21 is to be increased in area to achieve the minimum 3 metres dimension in any direction and minimum area of 9m², which can be achieved by moving the hallway further to the north. Council’s Urban Design Consultant has advised that the other proposed variations are satisfactory with respect to internal amenity, given the sufficient overall areas provided in the subject rooms, which remain functional and can be furnished appropriately. As such, subject to the abovementioned condition, the apartment layouts are designed to accommodate a variety of household activities and needs in accordance with the objective 4D-3.

Private open space

The proposal provides private open space areas to the rear of all units, however some represent minor non-compliances with respect to the numerical areas/dimensions specified by the design guidance as indicated in the above table. The extent of the departures is negligible in all cases and the areas are supplemented by secondary open space areas provided at the unit frontages. The primary private open space areas are usable and accessible from the main living areas of the units and have northerly orientation such that good solar amenity is achieved. Additionally, generous open space area is provided for recreation opportunities and landscaping amenity within the common open space provided between the buildings. Overall, the proposed units provide appropriately sized private open space and balconies to enhance residential amenity in accordance with the objective of 4E-1.

Storage

The proposal does not provide the required internal storage area for each unit as specified by the design guideline (50% of the required storage is to be located within the apartment). Substantial basement/external storage is provided for each unit in excess of the overall storage area requirements, however internal storage for all units is also required to be demonstrated by Condition 24 in accordance with the guideline. Overall, the unit sizes are sufficient to accommodate required storage as advised by Council’s urban design consultant.

Local Content

Ku-ring-gai Local Environmental Plan (Local Centres) 2012

Zoning and permissibility:

Ku-ring-gai Local Environmental Plan 2015

The site is zoned R4- High Density Residential. The proposed development is defined as a residential flat building, a form of development permissible in the zone.

The zone objectives are:

§ To provide for the housing needs of the community within a high density residential environment.

§ To provide a variety of housing types within a high 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 high density residential housing close to public transport, services and employment opportunities.

The proposal will provide additional housing in the form of 22 apartments. A mix of 6 x two bedroom and 16 x three bedroom apartments is proposed and has been supported by a market assessment submitted with the application. The three bedroom apartments have suitable courtyards/private open spaces and will provide an alternative form of housing for families, including those with children. In addition, the development provides a central common open space area for outdoor recreation between the buildings. The proposal complies with landscaping requirements subject to conditions, including deep soil areas for the provision of tall trees to balance the built form with the natural landscape. The site is within close proximity of the Pymble train station and the associated services of Pymble local centre. Overall, the proposal achieves a high standard of urban and architectural design and is supported by a BASIX certificate which demonstrates the achievement of sustainability objectives. The proposed development therefore upholds the zone objectives.

Development standards:

Development standard	Proposed	Complies
Clause 4.3 Height of buildings: 11.5m	12.8m (Building A) 13.2m (Building B)	NO
Clause 4.4 Floor space ratio (FSR): 0.8:1 Max allowable Gross Floor Area (GFA): 2891.6m²	0.77:1 (proposed GFA: 2795m²)	YES
Clause 6.5 Site requirements for multi dwelling housing and residential flat buildings: Minimum 1200m² site area and 1 street frontage of 30m for sites ≥1800m²	3614.5m² 44.395m	YES YES

Clause 4.3 Height of buildings

Under Clause 4.3 of the LEP, the height of a building on the site is not to exceed 11.5 metres. Design amendments were made to reduce the building height during the assessment of the application as recommended by Council officers. Notwithstanding, the proposed development as amended has a building height of up to 12.8 metres for Building A and 13.2 metres for Building B. The extent of the proposed variation is up to 1.7 metres (14.8%) and as a percentage of the entire volume of the development, the exceedance represents approximately 2.2% of the development. The breaches arise largely as a consequence of the topography, in particular the depression (drainage line/riparian area) that traverses the width of the site.

Clause 4.6 “Exceptions to development standards” of the LEP allows Council to vary development standards in certain circumstances and provides an appropriate degree of flexibility to achieve better design outcomes. Council may grant the exception as the Director-General’s concurrence can be assumed where Clause 4.6 is adopted in accordance with the Department of Planning Circular PS 08–003, dated 9 May 2008.

Accordingly, the applicant has made a submission pursuant to Clause 4.6 requesting a variation to the building height development standard. In order to demonstrate whether flexibility in applying the development standard is appropriate in this instance, the request has been considered against the provisions of Clause 4.6 below:

Clause 4.6 provision	Assessment
Whether the proposed development is consistent with the objectives of the particular standard.	Yes The proposal is consistent with the objectives of the standard in that it presents a building height appropriate for the scale of the site’s immediate context within the streetscape and that within the Pymble local centre and broader locality. The proposal establishes a transition in scale between the centres and the adjoining lower density residential zones to protect local amenity, and also provides a built form that is compatible with the size of the land. The proposal presents a scale and built form that is also acceptable having regard to the applicable assessment criteria prescribed by the SEPP 65 ADG and KDCP, including building separation, setbacks and site coverage. The proposed height is also responsive to local amenity by maintaining suitable soft landscaping space, including deep soil area to enable the retention and planting of tall trees, characteristic of the locality.
Whether the proposed development is consistent with the objectives for development within the zone.	Yes The proposal is consistent with the objectives of the R4 zone. In particular, the proposal provides for the housing needs of the community within a high density residential environment, and includes a variety of housing types by providing 22 units comprising a mix of 2 and 3 bedroom apartments. The site is within close proximity to the public transport, services and employment opportunities provided within Pymble local centre. Pymble railway station is approximately 200 metres walking distance from the site.
Whether compliance with the development standard unreasonable or unnecessary in the circumstances of the case.	Yes The applicant provides that compliance is unreasonable and unnecessary as all clause 4.6 criteria are satisfied, being that the development achieves the objectives of both the standard and zone and there are sufficient environmental planning grounds to justify the variation. In particular: i. The proposed variation of the development standard will not result in any significant adverse impacts on the amenity of the neighbouring buildings in terms of overshadowing, privacy, outlook and amenity when compared to a complying scheme. ii. The proposed variation will have no significant impact on the streetscape or on the visual privacy and solar access of neighbouring developments. iii. Geographically, the proposal is located in a low-lying area of the locality with limited opportunities for significant views. The proposed building elements above the height limit will not obscure any significant view lines and respects the values of view sharing.
Whether there are sufficient environmental planning grounds to justify contravening the development standard.	Yes The applicant provides that there are site specific and development specific environmental planning ground/s for the proposed variation, namely: i. The site contains unique characteristics in terms of its gradient and natural constraints with an RL ranging from 111.6m to 124.2m. The development has been ‘stepped’ in response to the topography. As a result, the elements of the roofscape that protrude above the maximum building height - resulting in a variation - are directly related to the slope of the site. ii. A riparian zone bisects the site at its lowest point, which is maintained and enhanced by the proposed development, having a 20 metres wide buffer zone between Building A and Building B and suspended access way between the buildings. iii. There are a number of significant trees, biodiversity and ecological values on the site which are preserved by the proposal by a restricted development footprint. iv. The proposed exceedances of the height of buildings development standard respond to the unique environmental characteristics of the site and allow high level solar access where ground level access would not otherwise have been attainable due to the topography. When viewed from Livingstone Avenue the proposed development will not noticeably breach the height of building development standard.

Whether the proposed development is in the public interest.	Yes The proposal is considered to be in the public interest as it is consistent with the zone and development standard objectives.
Whether the proposed development is consistent with objectives of clause 4.6, being, whether by allowing flexibility in the particular circumstances a better outcome for and from the development is achieved.	Yes The applicant has demonstrated that the proposal is consistent with the objectives of clause 4.6 and that allowing an appropriate degree of flexibility to permit a contravention of the height of buildings development standard will achieve a better outcome for and from the development. In particular, strict compliance with the building height development standard whilst providing a development envisaged by the zone would involve a substantially increased building footprint that would have adverse environmental and amenity outcomes with respect to the natural topography of the site, riparian area, significant trees, biodiversity and ecological values.

The submitted request to vary the development standard is supported and flexibility in applying the height of buildings development standard is considered appropriate in this circumstance.

Clause 5.9 – Preservation of trees or vegetation

Council’s Landscape and Tree Assessment Officer is satisfied that the proposed tree removal is acceptable and that the development will not unduly impact upon any existing significant trees or vegetation that is to be retained, subject to conditions.

Clause 5.10 – Heritage conservation

Council’s Heritage Advisor is satisfied with the proposed development, subject to conditions.

Clause 6.1 – Earthworks

Proposed earthworks for the development, including excavation for the basement, will not restrict the existing or future use of the site, adversely impact on neighbouring amenity, the quality of the water table or disturb any known relics. Additionally, the fill to be removed will be disposed of appropriately.

Clause 6.2 - 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 stormwater design adequately manages water quality and control discharge volumes and frequency, subject to conditions.

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

Ku-ring-gai Local Centres Development Control Plan

The proposed development as amended has been assessed against the aims of the policy and is found to be acceptable.

Since the date of the application lodgement (16 March 2016), the Ku-ring-gai Local Centres Development Control Plan (DCP) was amended and came into effect on 24 June 2016. The amended DCP does not include any savings or transitional provisions for applications that were under assessment at that time. Accordingly, the below compliance table reflects the controls of the DCP as amended.

COMPLIANCE TABLE

Development control

Proposed

Complies

Part 3 Land 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

· Protection of habitat and distinctive environmental features

· Sharing of views

· Avoiding the location of development on steep lands

· Protection and enhancement of the amenity, solar access, privacy, open space and views of the neighbouring lots

· Minimisation of impacts of the development (including any asset protection zones required) on riparian or Greenweb lands

· Incorporation of the principles of water sensitive urban design

· Easements and servicing requirements

· Vehicular, pedestrian and bicycle access

· Respect for and conservation of cultural heritage including any Aboriginal place or site of heritage significance

· Minimisation of the need for bush fire hazard reduction, while protecting life and property.

The shape, orientation and design of the amalgamated lots is acceptable having regard to the relevant matters for consideration.

The site is able to support the land use permitted by the zone and the proposed development design is sympathetic to the amenity of locality and neighbouring properties, including solar access, privacy and visual impacts.

The proposal involves the protection of distinctive environmental features on the site, including the riparian area, and significant biodiversity and ecological values.

The proposal is designed in response to the topography of the site with the separate building footprints and the building height stepped down with the natural grade.

Associated servicing has been appropriately incorporated with the development, including access and parking, stormwater management to minimise runoff.

YES

The block width, dimension, orientation and layout are to consider the existing subdivision pattern of the locality.

New lot/s created are to be such that each lot with street frontage allows for the siting of a development which will address the street.

Gated communities will not be permitted.

The amalgamated lots are acceptable having regard to the subdivision pattern of the locality and the prevailing dimensions, orientation and layout.

The development has a suitable interface to the street.

YES

3B – Land consolidation

Land consolidation is to increase the width of the street frontage and avoid irregular lot configuration.

The land consolidation increases site width appropriately and forms an acceptable configuration having regard to surrounding allotments and zoning.

YES

Where development is proposed to cross lot boundaries, consolidation of the subject lots will be required.

Lot consolidation is required by Condition 4.

YES

Sites are to be consolidated to avoid isolating an adjoining site or sites. In particular potential redevelopment of the

adjoining site or sites in accordance with its zoning must not be compromised.

The proposal does not result in isolation of adjoining sites with respect to zoning and redevelopment potential.

YES

Part 7 Residential Flat Buildings

7A.1 – Local character and streetscape

Provide a garden setting with buildings surrounded by landscaped gardens, including canopy trees, on all sides.

The landscape plan demonstrates provision of a garden setting with buildings surrounded by landscaped gardens as required, including canopy trees. The high quality characteristics of the locality are maintained by the development.

YES

7A.2 – Site layout

Site layout responds to site analysis

Buildings with a frontage to the street must address the street

Buildings address and provide building entry points to all site frontages

Soft landscaping, including canopy trees, provided between onsite buildings, fences and courtyard walls

Hard surface areas minimised to maximise landscaping

No long straight driveways / driveways designed to minimise visual impact

Single pedestrian entry point provided from each street. Other entries permitted for several buildings addressing the street.

Three hours of direct sunlight between 9am and 3pm on 21st June is maintained to:

· existing residential flat buildings and multi-dwelling housing on adjoining lots

· residential development in adjoining lower density zones

Overshadowing does not compromise the development potential of adjoining sites.

YES

Multiple entry points (3) provided from street frontage

YES

YES

YES/NO

7A.3 Building setbacks

Street setback

10.0m from the street boundary

10m

YES

2m articulation zone behind street setback and <40% occupied by building

Uniform front setback (2m articulation not provided)

Side and rear setbacks

· 6m for all levels up to the fourth storey

· 9m to the fifth storey and above (N/A)

Side – north-east:

3m (Bldg A) & 5.6m (Bldg B)

Rear: 6m

YES

Side and rear setbacks at a zone interface

· 9m from the side and rear boundary up to the fourth storey

· 12m from the side and rear boundary for the fifth storey and above (N/A)

Side – south-west (E4 Environmental Living / R2 Low Density Residential zone interfaces):

6.3m (Bldg A) & 5.9m (Bldg B)

Driveway set back a minimum of 6m from the side boundary within the street setback to allow for deep soil planting

Encroachments

Basements are not to encroach into any setback areas

Basement set back 4m from south-western side boundary/zone interface (5m encroachment given zone interface requires 9m setback)

Ground floor terrace/courtyards may encroach into the setback area provided there is a minimum setback to the terrace edge/courtyard wall of:

o 8m to street boundary

o 4m to rear & side boundaries

o 7m from side and rear boundaries of land zoned for lower density

Street: 7.5m

Rear: 4m

Side – north-east:

3m (Bldg A & Bldg B)

Side – south-west (zone interface): 5.9m

YES

No encroachments where minimum setbacks have not been achieved.

Side setbacks not achieved as above

<15% of the street setback area occupied by terraces/courtyards

<15%

YES

7A.4 Building separation

The minimum separation between residential buildings on the development site is:

Up to 4^th storey:

· 12m between habitable rooms/balconies

· 9m between habitable rooms/balconies and non-habitable rooms

· 6m between non-habitable rooms

>23m separation in all cases between Bldg A & Bldg B

YES

7A.5 Site coverage

Max 30% of the site area

28.3%

YES

7A.6 Deep soil landscaping

A minimum deep soil landscaping area of 50% is required.

51.2%

YES

Tree replenishment and planting: 11 trees required

>11 trees retained/proposed

YES

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

>50%

YES

7B – Access and parking

7B.1 Car parking provision

Design

All parking within basement

Parking within basement

YES

Car parking does not project more than 1 metre above natural ground level

Partial basement projection >1m above ground level

Single lane aisles, straight ramps and tunnels max 12.0m in length

YES

YES

Direct and continuous internal pedestrian access from basement car park is provided to each level of the building

YES

YES

Car parking to comply with AS2890.1

YES

YES

Car parking rates:

Two bedrooms	1.0 spaces	1.25 spaces
Three or more bedrooms	1.4 spaces	2 spaces

Required range: 29 to 40 spaces

Visitors: 1 per 6 units

Required visitor spaces: 4 spaces

29 resident spaces

4 visitor spaces

YES

At least one visitor parking space is to comply with the dimensional and locational requirements of AS2890.6.

YES

YES

Temporary service/removalist vehicle space provided

YES

YES

7B.2 Bicycle parking and support facilities provision

- A minimum of 1 bicycle space per 5 units provided within the residential car park area

- A minimum of 1 bicycle space per 10 units provided for visitors in the visitor car park area

YES

YES

7C – Building design and sustainability

7C.2 – Communal open space

At least 10% of the site area must be provided as communal open space

20%

YES

A single parcel of communal open space (COS) with a minimum area of 80m², minimum dimensions of 8m and 3 hours solar access to 50% of the space on 21 June is provided

COS located in central area between buildings (690m² area and >8m minimum dimension), which will receive more than 3 hours solar access as required

YES

Communal open space located behind building line at ground level

Secondary communal open space has a minimum dimension of 5.0m and may be located on roof tops.

COS located behind building line

N/A (secondary COS not required)

YES

N/A

Shared facilities such as BBQs, shade structures, play equipment and seating provided in the communal open space

The COS area includes a lawn area, a BBQ and seating. The BBQ area is to be relocated to the western end of the communal open space with an accessible path from Building A provided from the basement lift as required by Condition 28.

YES

Access for people with a disability is provided to and within communal open space

Disabled access as required by Condition 28.

YES

Capable of surveillance from 2 apartments, no entrapment areas and well lit

YES

YES

Garden maintenance storage, water and drainage connections provided

As maintenance is likely to be undertaken by a contractor storage for equipment is not required. The provision of taps for irrigation is a requirement of the BASIX Certificate.

YES

7C.3 Ground floor apartments

Gates from each ground floor apartment private open space into common areas where practical

YES

YES

No subterranean rooms to any part of any apartment

YES

YES

No ground floor apartments created as a result of excessive excavation.

YES

YES

No dwelling walls have direct contact to soil and below the adjacent ground level

YES

YES

Internal finished floor level and private open space is not to be more than 0.9m below existing ground level

YES

YES

Ground level adjacent to the building levelled to the finished floor level for a distance of 3.0m from the building line

YES

YES

7C.4 Apartment mix and accessibility

Range of apartment sizes included within the development

YES

YES

Mix of 1, 2 & 3 bedroom apartments located on the ground level.

2 and 3 bedroom apartments at the ground floor level.

All apartments meet the Silver Level under the Livable Housing Design Guidelines

82% (18 units) - The application was submitted prior to the commencement of this requirement.

15% of the dwellings meet the Platinum Level under the Livable Housing Design

Guidelines.

13.6% (3 units) - The application was submitted prior to the commencement of this requirement.

At least 70% of all dwellings are visitable

82% (18 units)

YES

7C.5 – Building entries

Buildings address the street either:

· with main entrances to lift lobbies directly accessible and visible from the street; or

· with the path to the building entry readily visible from the street where site configuration is conducive to having a side entry.

The main accessible and visible pedestrian entrance to the site is provided by a footbridge from the street to Bldg A lift lobby/foyer and extending to the rear as a footbridge to Bldg B. Two additional access points are provided, adjacent to each of the side boundaries.

YES

Entry foyers no more than 1m above ground level.

Main entry foyer at ground level

YES

All entry areas are well lit and designed to avoid any concealment or entrapment areas; with no light spill.

YES

YES

Lockable mail boxes are provided close to the street; at 90 degrees to the street, meet Australia Post standards and integrated with front fences or building entries.

YES - required by Condition 23

YES

Buildings are to have a clearly visible building entry for each vertical circulation core with clear way-finding signs integrated into the external circulation pathway system.

YES

YES

Building entry paths min 1.2m wide, within the common area with 1.2m on either side for landscape planting

YES – landscape planting by Condition 28

YES

1.5m wide common circulation corridors and 1.8m wide at lifts

YES – sufficient widths for circulation corridors and lifts

YES

7C.6 Building form and facades

· Designed to avoid entrapment areas

· Modulated and designed to avoid:

o large flat walls undifferentiated

o window openings applied treatments

o one single predominant finish or material

· No single wall plane exceeds 81m²

· Air conditioning units not located on building façade or within private open space

· No balconies run full length of building façade

· Balconies do not project more than 1.5m

No entrapment areas;

No large flat walls;

Windows do not appears as applied treatments or relied upon to break up facades;

Acceptable selection of materials and finishes;

No single wall plane exceeds 81m²

All air conditioning units to be located in the basement as required by Condition 41;

No balconies run the full length of any façade;

No balconies project more than 1.5m beyond the façade.

YES

Continuous length of any elevation does not exceed 36m.

Bldg A: 35m

Bldg B: 48m

YES

7C.7 Building storeys

Maximum number of stores above the basement:

Maximum building height	Maximum number of storeys
11.5m	3
14.5m	4
17.5m	5
23.5m	7

Bldg A: 3 storeys

Bldg B: Part 4 storeys

YES

7C.8 Top storey design and roof forms

GFA does not exceed 60% of the floor below

Building A: 94%

Building B: 42%

YES

The top storey of a building is to be set back a minimum of 2.4m from the outer face of the floors below on all sides.

Building A: top storey not set back

Building B: top storey not set back

Service elements (plant, air conditioning, solar panels, lift overruns etc.) integrated into overall design

Air conditioning condenser units located within the basement as required by Condition 41

YES

Roof design is to respond to solar access and prevailing weather with the use of eaves, skillion roof, awnings and the like with a minimum overhang of 0.6m

Flat roof design with use of sun shading devices over windows

YES

7C.9 Laundry and air clothes drying facilities

Each apartment has access to an external air clothes drying area, e.g. a screened balcony, a terrace or common area

External clothes drying area available and required by Condition 95.

YES

External air clothes drying areas are screened from public and common open space areas

Clothes drying area to be screened as required by Condition 34.

YES

7C.10 Fencing

Front boundary fences and walls (to a public street) and side boundary fences within the street setback are not to be higher than:

- 0.9m if of solid construction

- 1.2m if of open construction

Solid front fence maximum 1.8m and set back minimum 2m on busy roads or from noise sources only

Fences stepped to follow natural contours

Hedges/shrubs along the entire front boundary do not exceed 1.2m and 1.8m on busy roads

External finishes are robust and graffiti resistant

Fence heights to ground floor private open space, courtyards etc. do not exceed:

· 1.2m to any street frontage

· 1.8m to any side or rear boundary (max 1.2m high solid and a minimum 30% transparent component above).

1.2m high open picket fences to front terrace areas of Bldg A

N/A

YES

N/A

YES

1.2m high open picket fences to POS areas of Bldg B

YES

N/A

YES

An assessment of the variations to the design controls identified in the compliance table is provided below.

6A.2 Site layout

The DCP specifies that a single pedestrian entry point be provided from each street. The proposal provides three pedestrian entry points which are each considered acceptable, given the site and design characteristics of the development. The site has a considerable frontage/width and the proposed entry points each provide practical access points to the development. In particular, the main entry is provided by an accessible bridge from the site frontage to the lobby/lift foyer of Building A in response to the steep grade. The other two entries provide purposeful access adjacent to each side boundary, serving the north-eastern units of Building A and providing at grade access to the common open space area between the buildings. The main/central entrance provides a clear and legible address for the development, particularly by virtue of the access bridge and the other paths appear as secondary/ancillary and will not impact the streetscape or neighbouring properties. Ample provision for landscaping within the front setback is maintained to soften the appearance of the development in accordance with the objectives of Part 6A.2.

Overall, site layout is considered appropriate and the design of the development is responsive to the site analysis, particularly the topography, significant riparian and ecological values and allotment configuration.

7A.3 Building setbacks

Street setback

Building A has a relatively uniform front setback of 10 metres, which complies with the minimum street setback requirement. However, the building does not provide a 2 metres articulation zone beyond the front building alignment as required by the DCP and the ground floor courtyards are set back 7.5 metres, thereby encroaching into the 8 metres minimum requirement. Nonetheless, the proposal is acceptable having regard to its relationship with the streetscape by virtue of the substantial soft landscaped area within the front setback, which includes provision for existing and proposed trees and vegetation to soften the appearance of the built form. The courtyard encroachment is relatively minor (0.5 metres) and is considered to not be discernible, particularly given the adjacent soft landscaping provision within the courtyards themselves. Additionally, the fall in ground level from the street frontage towards the building further mitigates the appearance of built form in this regard.

Side setbacks/encroachments

The amended proposal provides north-eastern side setbacks of 3 metres and 5.6 metres for Building A and Building B, respectively. These setbacks do not meet the minimum 6 metres required by the DCP and the proposed ground floor terraces/courtyards encroach into these areas as indicated in the above table. However, the proposed departures are considered justified having regard to the objectives of the DCP and given that the proposal will not significantly impact neighbouring amenity or the streetscape. In particular, suitable privacy and visual amenity will be maintained to the neighbouring properties given the building separation and design (including window placement), screen planting provision and level/topographical differences between the subject site and adjoining properties (the subject site being lower than those to the north-east). The orientation of Building A is such that it faces the front and rear open space areas. The non-compliance is negligible in the case of Building B, being 0.4 metres.

The DCP specifies increased building setbacks of 9 metres as applied to the south-western side boundary given it forms a zone interface with lower density sites, being E4 – Environmental living and R2 – Low density residential. The amended proposal provides south-western side setbacks of 6.3 metres and 5.9 metres for Building A and Building B, respectively, with the basement being set back 4 metres. Strict compliance with the 9 metres setback specification is considered unreasonable in the circumstances given the constraints of the site configuration, particularly the narrow rear portion of the site where Building B is located. It is also considered that the proposed south-western side setbacks (including the terraces/courtyards) satisfy the applicable DCP objectives and will not significantly impact neighbouring amenity or the streetscape. Notably, a suitable transition is provided to the adjoining sites, which will benefit from an uninterrupted corridor of screen planting as provided within the setback, including canopy trees. Privacy will be further supplemented by the proposed 1.65 metres high screening and planter box along the access way for Building B. The orientation of Building A is such that it faces the front and rear open space areas. The overall built form of the development is acceptable given the site constraints and shadow diagrams provided indicate the development will provide compliant levels of solar access.

Additionally, the driveway setback of 4 metres to the south-western side setback is considered adequate despite not meeting the specified 6m requirement. The setback provided will allow for sufficient planting to the satisfaction of Council’s Landscape Officer, which will soften the appearance of hard surfaces to the street. Notably, the setback of the driveway increases to in excess of 6m behind the front building line, which will enable additional deep soil planting.

7B.1 Car parking provision

The proposal provides on-site car parking within basements beneath Building A and Building B, however the basements project more than 1 metre above existing ground level, contrary to the requirement of Part 7B.1-4 of the DCP. The maximum extent of the projections is 3 metres, which occurs at the basement openings. This is as a result of the topographical depression that traverses the site between the buildings such that the basements are at ground level in these areas. Notably, given the significant grade, the basement beneath Building B basement is some 9 metres below the natural ground line at the rear of the site. It is considered that further excavation to lower the basement would detrimentally affect vehicular access due to excessive grades and necessitate excavation in the riparian corridor, contrary to biodiversity and ecological values. The basement projections are located centrally on the site and predominantly internal such that they will not significantly add to any visual impacts associated with building form as viewed from the street or neighbouring properties. Furthermore, landscaping will suitably assist in obscuring and softening the building form.

7C.4 Apartment mix and accessibility

Apartment mix

The proposal as amended provides a mix of two and three-bedroom apartments of a range of sizes (between 75m² and 128m²) however does not include one-bedroom apartments as required by Part 7C.4 of the DCP. The applicant submitted a market assessment in support of the proposed unit mix, which is considered acceptable having regard to the objectives of this Part and the following factors:

· The mix increases the diversity of the housing supply pipeline within the locality.

· The mix supports the housing needs of the projected future population for the locality, which is expected to comprise of a high proportion of family and empty-nester households which tend to prefer larger housing typologies.

· The site is located in proximity to a number of educational establishments which are expected to increase the attractiveness of this site to family households seeking proximity to this social infrastructure.

· The proposal provides a mixture of dwelling layouts suitable to a range of prospective households.

Accessibility

The DCP requires all residential flat buildings and apartments to be designed to Silver Level under the Livable Housing Design Guidelines and 15% designed to Platinum Level. As stated in the submitted access report, the proposal nominates 82% (18 units) to be capable of compliance under the Livable Housing Design Guidelines, with 13.6% (3 units) capable of compliance to Platinum Level, which does not meet the numerical requirements of the DCP. Notably, these controls were imposed as part of the amended DCP and were not in force when the application was lodged. Additionally, the access report indicates that Silver Level of housing is unable to be achieved to 18% of the units given the steep grade of the site and resultant necessity for steps from the street or car parking space.

Overall, the proposal provides a reasonable level of accessibility for the ageing demographic, including at grade access from the street to both buildings via pedestrian footbridges and communal lifts from the basement car parks. Suitable access provision to the communal open space is required by Condition 28.

7C.6 Building form and facades

Building length

The DCP requires that the continuous length of any elevation does not exceed 36 metres. The proposed Building A is compliant in this regard, however Building B has a side elevation of 48 metres. Notably, Part 7C.6-17 also states that the length of such elevation may exceed 36 metres provided that:

i) the facade is recessed in depth and width to appear as distinctive and separate building bays or wings; and

ii) the recess is retained as common area with landscaping which includes at least one medium tree.

The side elevations of Building B are considered acceptable on the basis of the above considerations. Additionally, visual bulk/scale of the building is mitigated by the stepped height in response to the topography. The proposed materials and finishes also add design interest to suitably negate impacts of built form.

7C.7 Building storeys

Building B as amended is in part 4 storeys, thereby exceeding the maximum 3 storeys building height control as applicable to the site. The additional storey is considered reasonable in the circumstances of the topographical constraints of the site, which is also discussed above in relation to the basement projection. In accordance with the Part 7C.7-2, the size of the floor plate of the development responds appropriately to these topographical constraints as reflected in the design of the separate building footprints (Building A and Building B) to negotiate the depression across the centre of the site and protect the significant riparian and ecological values therein. Accordingly, the proposal as amended satisfies the objectives of Part 7C.7.

7C.8 Top storey design and roof forms

The amended proposal involved reductions in the floor area of the top storeys of the buildings, in particular to Building B, where the amended top storey floor space represents 42% of the floor space of the level below. However, the equivalent proportion for Building A is 94%, which remains in excess of the maximum 60% specified by the DCP. Additionally, the top storeys of each building are not set back 2.4 metres from the outer face of the floors below on all sides, contrary to the DCP control. Notwithstanding, the proposed top storey designs and roof forms are considered acceptable having regard to the objectives of this Part given the absence of any significant impacts and architectural design features which will suitably minimise visual impacts of built form. These design features include a tapered roof design, facade articulation, Juliette balconies and varied materials and finishes, which suitably differentiate the top floor of the building from those below. Additionally, the building form will be further mitigated by suitable building setbacks and soft landscaping areas therein, including provision for canopy trees.

Volume B – Part 2 Site design for water management

The configuration and composition of the development is considered to be consistent with the controls of Part 2 – Site design for water management.

Volume C - Part 1 Site design

The configuration and composition of the development is considered to be consistent with the controls of Part 1 – Site design contained within the DCP.

Volume C – Part 2 Access and parking

The basements have been designed to satisfy the design criteria and controls as required by Part 2 of the DCP.

In addition, the application is accompanied by a detailed traffic report and analysis that demonstrates that the development will have an acceptable impact upon traffic flows and movements within the local area and that the basement allows for the necessary movements for vehicles that need to access it.

The basement is also acceptable, providing appropriate ancillary facilities, including bicycle parking, adaptable car parking and shared bays, waste storage and provision of a loading bay for service and removalists vehicles.

Volume C – Part 4 Water management

A stormwater plan has been submitted which demonstrates how stormwater generated by the development will be managed to control run off and associated impacts.

Consistent with the comments of Council’s Development Engineer, the design of the stormwater system is acceptable and there are no objections to water management aspects of the proposal, subject to conditions.

Volume C – Part 5 Notification controls

The proposed development has been notified in accordance with the requirements of Volume C – Part 5 of the notification controls. The submissions received are addressed above.

Section 94 Development Contributions Plan 2010

The development attracts a section 94 contribution of $641,642.39 which is required to be paid prior to the issue of the Construction Certificate (Condition 52).

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 public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments, and by Council ensuring that any adverse effects on the surrounding area and the environment are minimised. The proposal has been assessed against the relevant environmental planning instruments and is deemed to be acceptable. On this basis, 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:

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

A. THAT Council, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP (Local Centres) 2012 to vary the building height development standard has met the requirements of clause 4.6(4). Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

AND

B. THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred commencement development consent to DA0115/16 for the demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works on land at 9, 11 & 11A Livingstone Avenue, Pymble. Pursuant to Section 95(6) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two years from the date on which the consent becomes operable.

SCHEDULE A: Deferred Commencement – Term(s) to be satisfied prior to the consent becoming operable

Evidence required to satisfy the following condition must be submitted to Council within twenty four (24) months of the date of this consent. This consent will lapse if all deferred commencement conditions are not satisfied within twenty four (24) months of the date of this consent.

Drainage easement (deferred commencement)

1. The applicant shall submit documentary evidence that the property benefits from a registered drainage easement or easements over all downstream properties as far as the public drainage system. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer. This documentation must include evidence that the easement has been registered with NSW Land and Property Information.

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

Once the consent becomes operable, the conditions in Schedule B will apply. Upon written receipt from Council that the deferred commencement condition in Schedule A has been satisfied, the following conditions will apply:

SCHEDULE B: Conditions of consent:-

CONDITIONS THAT IDENTIFY APPROVED PLANS:

1. Approved architectural plans and documentation (new development)

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

Plan no.	Drawn by	Dated
DA023-Rev.A	Brewster Murray	Nov 2016
DA101-Rev.A	Brewster Murray	Nov 2016
DA102-Rev.A	Brewster Murray	Nov 2016
DA102a	Brewster Murray	Nov 2016
DA103-Rev.A	Brewster Murray	Nov 2016
DA104-Rev.A	Brewster Murray	Nov 2016
DA105-Rev.A	Brewster Murray	Nov 2016
DA106-Rev.A	Brewster Murray	Nov 2016
DA107-Rev.A	Brewster Murray	Nov 2016
DA200-Rev.A	Brewster Murray	Nov 2016
DA203-Rev.A	Brewster Murray	Nov 2016
DA300-Rev.A	Brewster Murray	Nov 2016
DA301	Brewster Murray	Nov 2016
DA302	Brewster Murray	Nov 2016
DA303	Brewster Murray	Nov 2016
DA1000	Brewster Murray	Nov 2016
Stormwater plans:
H5500-Rev.B	J&M Group	11/02/16
H5501-Rev.C	J&M Group	23/11/16
H5502-Rev.C	J&M Group	23/11/16
H5503-Rev.C	J&M Group	23/11/16
H5504-Rev.C	J&M Group	23/11/16
Landscape plans:
DA L01B	Site Design and Studios	29/11/16
DA L02B	Site Design and Studios	29/11/16
DA L03B	Site Design and Studios	29/11/16
DA L04B	Site Design and Studios	29/11/16

Document(s)	Dated
Flood Impact Study letter (Storm Consulting)	4 June 2015
Flood Impact Study (Storm Consulting)	7 May 2015
Water Cycle Management Plan (J&M Group)	11 February 2016
Geotechnical Investigation (Asset Geotechnical)	24 September 2015
Basix certificate No. 701686M_05	10 May 2017
Vegetation Management Plan (Keystone Ecological)	26 February 2016
Sample board – DA1200 (Brewster Murray)	February 2016

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

2. Approved Vegetation Management Plan (VMP)

Vegetation Management Plan works shall be carried out in accordance with the amended Vegetation Management Plan prepared by Keystone Ecological as amended by conditions of this consent.

· All works detailed within the VMP-revegetation, weed removal, weed techniques, environmental protection measures and proposed planting are to be carried out in accordance with the amended VMP.

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

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

Reason: To ensure the protection and enhancement of Blue Gum High Forest and the area of biodiversity significance and riparian lands.

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. Lot consolidation

Prior to the commencement of works, the applicant must consolidate Lot C DP 391729, Lot 2 DP 540437 and Lot 1 DP 540437 into one allotment which will form the development site. Evidence of lot consolidation, in the form of a plan registered with the Land and Property Information must be submitted to the Principal Certifying Authority, prior to works commencing.

Reason: To facilitate the orderly development of land.

5. Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate trees/vegetation for fauna occupation.

Prior to the removal of tree/vegetation an ecologist is to install four nest boxes within close proximity to the area in which tree removal is being undertaken. Two medium mammal box and 2 small bird/mammal box are to be installed within indigenous trees to be retained within the site. Nest boxes are to be installed at a height of greater than 5m and positioned on the south-eastern side of trees.

The ecologist shall supervise the relocation of any fauna found within the trees into the installed nest boxes in accordance with appropriate licensing requirements.

The qualified ecologist must hold an Animal Ethics Permit from the Department of Industry & Investment and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment & Heritage. Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason: To ensure the protection of fauna species.

6. Project arborist

A suitably qualified project arborist (AQF level 5) is to be engaged to advise the Principal Certifying Authority on the protection of trees at the site and to supervise the installation and maintenance of tree protection measures required by this consent.

Prior to the commencement of any works including demolition on the site in areas required to be protected by this consent, the project arborist shall inspect the site and satisfy himself/herself that the protection measures are in accordance with the approved design and must provide a written certification to the Principal Certifying Authority to that effect.

If not satisfied, the project arborist must provide to the Principal Certifying Authority a list of works that are to be completed to ensure compliance with all conditions of consent relating to the protection of trees at the site. Those works must be undertaken to the satisfaction of the project arborist.

Reason: To ensure protection of existing trees.

7. 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 Safe Work NSW.

Reason: To ensure public safety.

8. 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.

9. 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.

10. 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

· Full road pavement width, including kerb and gutter, of Livingstone Avenue over the site frontage, including the full intersection.

· 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.

11. 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.

12. 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:

Address:

· 10 Pymble Avenue

· 7 and 15 Livingstone Avenue

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.

13. Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (CTMP), 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 CTMP 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 an 11 metres long 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:

· Demolition

· Excavation

· Concrete pour

· Construction of vehicular crossing and reinstatement of footpath

· 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.

For safety and amenity, no construction vehicle movements are to occur in Livingstone Avenue during school drop-off (8.00am to 9.30am) and pick up (2.30pm to 4.00pm) times on school days.

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

14. 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.

15. 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.

Schedule
Tree/Location	Radius from trunk
Tree 1 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	14.4m
Tree 3 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	7.2m
Tree 6 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	5.0m
Tree 7 / Liquidambar styraciflua (Liquidambar) located within the nature strip	3.6m
Tree 8 / Franklinia axillaris (Gordonia) located within the nature strip	2.4m
Tree 10 / Franklinia axillaris (Gordonia) located within the nature strip	2.4m
Tree 27 / Pyrus sp. located within the nature strip	2.0m
Tree 30 / Angophora floribunda (Rough barked Apple) located at the south-western corner of the site, within the adjoining property	2.0m
Tree 37 – 40 / located along the south-west boundary	2.0m

Reason: To protect existing trees during the construction phase.

16. Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved excavation for private courtyards shall be fenced off for the specified radius from the trunk 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 in metres
Tree 2 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	10.2m
Tree 4 / Eucalyptus saligna (Sydney Blue Gum) located within the front setback of the site	8.4m
Tree 5 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	3.6m
Tree 49 / Syzygium paniculatum (Brush Cherry) located at the north-eastern corner of the site	8.4m
Tree 50 / Cinnamomum camphora (Camphor laurel) located at the north-eastern corner of the site	15.0m

Reason: To protect existing trees during the construction phase.

17. 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.

18. 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

· 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.

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 Local Centres Development Control Plan.

The plan shall address all issues identified in the DCP, 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.

21. Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

The management plan shall address, but not be limited to, the following matters:

· identification of the specific activities that will be carried out and associated noise sources

· identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment

· the construction noise objective specified in the conditions of this consent

· the construction vibration criteria specified in the conditions of this consent

· determination of appropriate noise and vibration objectives for each identified sensitive receiver

· noise and vibration monitoring, reporting and response procedures

· assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions

· description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction

· construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

· procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration

· contingency plans to be implemented in the event of non-compliances and/or noise complaints

Reason: To protect the amenity afforded to surrounding residents during the construction process.

22. CCTV report of existing Council pipe system near works

Prior to the commencement of any works on site, qualified practitioners must undertake a closed circuit television inspection and then report on the existing condition of the Council drainage pipeline traversing the subject property. The report must be provided to Council’s, Development Engineer and is to include a copy of the video footage of the pipeline. A written acknowledgment from Council’s Development Engineer (attesting to this condition being appropriately satisfied) shall be obtained and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason: To protect Council’s infrastructure.

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

23. Design amendments

Prior to issue of a Construction Certificate, the following design changes are to be demonstrated on amended plans to the satisfaction of the Certifying Authority:

a) The balustrade height is to be reduced to 1.1 metres (maximum) for unit E09 and the pedestrian bridge linking the two buildings.

b) The southern bedroom of Unit F21 is to be increased in area to achieve a minimum dimension in any direction of 3 metres and a minimum area of 9m². This may be achieved by moving the hallway further to the north.

c) A stair is to be provided to access the common open space to the south east of the riparian zone. The stair is to be located in front of unit A05 and 1.5 metres (minimum) width.

d) Lockable mail boxes are to be:

i) provided close to the street; and

ii) 90 degrees to the street and to Australia Post standards; and

iii) integrated with front fences or building entries.

Reason: Residential amenity.

24. Storage facilities in units

Architectural plans are to be amended to demonstrate accessible storage facilities for all units at the following rates:

· two-bedroom apartments 8m³

· three plus bedroom apartments 10m³

At least 50% of which must be within the units and is in addition to kitchen and bathroom cupboards and bedroom wardrobes.

Amended plans demonstrating the above are to be submitted to the satisfaction of the Certifying Authority, prior to issue of a Construction Certificate.

Reason: Residential amenity.

25. Amended Vegetation Management Plan (VMP)

The Vegetation Management Plan (VMP), prepared by Keystone Ecological, dated February 2016 version (Ref KMC. 15-740), is to be amended in accordance with this condition.

An amended VMP is to be provided to the Certifying Authority and copied to Council prior to the release of the Construction Certificate that addresses the following points below.

· management zones are to be amended to reflect the approved development

· the type and number of each species to be planted within each management zone is to be detailed within the amended VMP

· the maintenance period for the VMP is to be extended from 2 to 5 years

· monitoring reports are to be provided to the principal certifying authority and copied to Council every 6 months from the commencement of vegetation management works

· only local provenance material is to be planted no cultivar varieties are to be planted within Blue Gum High Forest management zones

Reason: To ensure the protection and enhancement of Blue Gum High Forest and the area of biodiversity significance and riparian lands.

26. Tanked basement design

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the basement has been designed to be waterproof (tanked) as required under Part 22.3-4 of Ku-ring-gai DCP and by DPI Water Ref: 10ERM2016/0201 dated 3 May 2016.

Reason: To protect the environment.

27. Driveway design

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the structural drawings show that the section of driveway over the drainage easement has been designed to be lightweight and readily removable to allow for future maintenance of the pipe.

Reason: To protect the environment.

28. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the 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.	Title	Drawn by	Dated
DA L01B	Basement and Existing Tree Plan	Site Design and Studios	29/11/16
DA L02B	Ground Floor Landscape Plan	Site Design and Studios	29/11/16
DA L03B	Level 1 Floor Plan	Site Design and Studios	29/11/16
DA L04B	Level 2 Floor Plan	Site Design and Studios	29/11/16

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

1. Trees 31-36 are to be shown to be retained and protected.

2. The access path along the northern boundary of the riparian area/communal open space is to be set back a minimum of 2 metres from the boundary to allow for screen planting. The ‘shared bay’ as indicated as footpath/pebbles on the landscape plan is to be relocated south of the shared bay to connect with the path as amended above.

3. The entry path to Units A01-A04 is to be set back from the eastern boundary of the front setback by a minimum of 3 metres to allow for screen planting. A maintenance access path is to be provided to the eastern boundary of Building A and to common space at the northern and western setback of Building B.

4. The communal open space in the front setback is to be deleted and planted as per the western section of the front setback.

5. The BBQ area is to be relocated to the western end of the central communal open space with an accessible path from Building A provided from the basement lift.

6. Clotheslines are to be deleted within private open space within the front setback of Units A01-A06.

7. Existing levels are to be retained to the garden bed along eastern boundary of Block B. Retaining walls with top of wall levels are to be shown as required along access path within eastern setback of Building B, particularly at the south-eastern corner of Building B. Access from B10 to maintenance path is to be relocated to northern boundary of private open space to allow for stairs (RL115.20) and path to communal open space (RL112.73).

8. Canopy trees are to be provided in association with screen planting along the western and eastern setbacks of Building B. Screen planting to side boundaries are not to be monoculture hedges but grouped assorted species.

9. Planting detail is to be shown to the Basement Floor level on the Basement and Existing Tree Plan landscape plan.

10. Details of the proposed surface treatment under the proposed pedestrian entry ‘bridge’ and driveway ‘bridge’ are to be provided.

11. Unit numbers are to be shown.

12. Proposed levels to external paths and steps are to be shown. Existing and proposed levels to the front setback, including the nature strip are to be provided. No additional retaining walls are permitted.

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

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

29. Amendments to approved environmental site management plan

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved environmental site management plan, 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.	Title	Drawn by	Dated
DA 1000	Environmental Site Management Plan	Brewster Murray	November 2016

The above environmental site management plan(s) shall be amended as follows:

1. A note is to be added that during demolition existing paved areas are used for truck access where possible.

2. Trees 31-36 are to be shown to be retained and protected. Stockpiles and material storage are to be relocated from within their tree protection zones.

3. Tree protection fencing is to be shown in accordance with arborist recommendations and other conditions of consent. Riparian zone is to be protected in accordance with Vegetation Management Plan.

4. Ground protection is to be shown where access or storage is required within tree protection zones of trees to be retained.

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the amended environmental site management plan has been submitted as required by this condition.

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

30. Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s), 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
Water Cycle Management Plan	J&M Group	11.2.16
H5500B & H5501C - H5504C	J&M Group	23.11.16

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

The Water Cycle Management Plan is to be amended to refer to Part 24 of

Ku-ring-gai Local Centres DCP. Re-use of retained roofwater is to be nominated to achieve Council's target of a 50% reduction in runoff days, and shown on the Construction Certificate plans.

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

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

31. 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.

32. 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.

33. 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 impacts on public amenity from excessive illumination levels.

34. 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.

35. 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.

36. 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.

37. 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 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.

38. 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.

39. 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 Local Centres DCP. The garbage collection point is to be accessible by Council’s Waste Collection Services.

The responsibility for:

· the cleaning of waste rooms and waste service compartments; and

· 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.

Reason: Environmental protection.

40. 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.

41. Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.

Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

42. 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.

43. 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:

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

· 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.

44. 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:

· 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”

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

· 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

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

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

45. Car parking allocation

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

Resident car spaces	29
Visitor spaces	4
Total spaces	33

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.

46. Bicycle spaces

The bicycle parking spaces within 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.

47. 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 Livingstone Avenue:

· Footpath directly behind the kerb for the full site frontage

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.

48. 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.

49. 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.

50. 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):

51. 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:

“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.

52. Section 94 Contributions - 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:

Infrastructure Type Total

LGA Wide Local Recreational & Cultural $41,956.03

Pymble TC Local Parks & Sporting Facilities $374,584.36

Pymble TC New Roads & Road Mods $60,811.38

Pymble TC Townscape Transport & Pedest Fac $164,290.62

Development Contributions Total $641,642.39

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 will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 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.

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:

53. 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.

54. Prescribed conditions

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

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

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

· if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the building, structure or work from possible damage from the excavation, and

(b) where necessary, underpin the building, structure or work to prevent any such damage.

Reason: Statutory requirement.

55. 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.

56. 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.

57. Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.

Reason: To protect public infrastructure.

58. 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.

59. 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.

60. 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.

61. 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.

62. Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Asset Geotechnical dated 24 September 2015. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

· further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

· written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason: To ensure the safety and protection of property.

63. 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:

· appropriate excavation method and vibration control

· support and retention of excavated faces

· hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Asset Geotechnical dated 24 September 2015. 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.

64. 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.

65. 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.

66. 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.

67. 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.

68. 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.

69. Construction signage

All construction signs must comply with the following requirements:

· are not to cover any mechanical ventilation inlet or outlet vent

· are not illuminated, self-illuminated or flashing at any time

· are located wholly within a property where construction is being undertaken

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

· are restricted to one such sign per property

· do not exceed 2.5m²

· are removed within 14 days of the completion of all construction works

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

70. Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason: To ensure the ongoing safety and protection of property.

71. 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.

72. 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.

73. 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.

74. Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:

· How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road

· That the locations of the rock anchors are registered with Dial Before You Dig

· That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

· That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

· That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason: To ensure the ongoing safety and protection of property.

75. Structures to be clear of drainage easements

During all phases of demolition, excavation and construction, it is the full responsibility of the applicant and their contractors to:

· ascertain the exact location of the Council drainage pipe traversing the site in the vicinity of the works

· take full measures to protect the in-ground Council drainage system

· ensure dedicated overland flow paths are satisfactorily maintained through the site

Drainage pipes can be damaged through applying excessive loading (such as construction machinery, material storage and the like). All proposed structures and construction activities are to be sited fully clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved.

If a Council drainage pipeline is uncovered during construction, all work is to cease and the Principal Certifying Authority and Council must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed and at no cost to Council.

Reason: To protect existing Council infrastructure and maintain over land flow paths.

76. 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.

77. 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.

78. Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and the amended Arboricultural Impact Assessment prepared by Advanced Treescape Consulting and dated 25/11/16, during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed.

All monitoring shall be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

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

Reason: To ensure protection of existing trees.

79. Canopy/root pruning

Canopy and/or root pruning of the following tree/s shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Schedule
Tree/Location	Tree works
Tree 1 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	Minor root pruning
Tree 2 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	Minor root pruning
Tree 3 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	Minor root pruning
Tree 4 / Eucalyptus saligna (Sydney Blue Gum) located within the front setback of the site	Minor root pruning
Tree 5 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	Minor root pruning
Tree 6 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	Minor root pruning
Tree 30 / Angophora floribunda (Rough barked Apple) located at the south-western corner of the site, within the adjoining property	Minor root pruning
Tree 37 – 40 / located along the south-western boundary	Minor root pruning
Tree 49 / Syzygium paniculatum (Brush Cherry) located at the north-eastern corner of the site	Minor root and canopy pruning
Tree 50 / Cinnamomum camphora (Camphor laurel) located at the north-east corner of the site	Minor root pruning

Reason: To protect the environment.

80. 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.

81. Hand excavation

All excavation excluding for approved basement within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Schedule
Tree/Location	Radius from trunk
Tree 1 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	14.4m
Tree 2 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	10.2m
Tree 3 / Eucalyptus saligna (Sydney Blue Gum) located within the centre of the site	7.2m
Tree 4 / Eucalyptus saligna (Sydney Blue Gum) located within the front setback of the site	8.4m
Tree 5 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	3.6m
Tree 6 / Angophora floribunda (Rough barked Apple) located within the front setback of the site	5.0m
Tree 13-15, 18 and 19 / Cyathea cooperi (Scaly Treefern) located on the eastern boundary of the riparian zone	2.0m
Tree 30 / Angophora floribunda (Rough barked Apple) located at the south-western corner of the site, within the adjoining property	5.3m
Tree 37 – 40 / located along the south-western boundary	2.0m
Tree 49 / Syzygium paniculatum (Brush Cherry) located at the north-eastern corner of the site	8.4m
Tree 50 / Cinnamomum camphora (Camphor laurel) located at the north-east corner of the site	15.0m

Reason: To protect existing trees.

82. 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.

83. 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.

84. 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.

85. 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:

· ascertain the reduced level of the underside of the slab at the driveway entry,

· certify that the level is not lower than the level shown on the approved DA plans; and

· 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.

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

· 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.

86. On site retention of waste dockets

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

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

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

Reason: To protect the environment.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

87. Amended vegetation management plan

Prior to the release of the Occupation Certificate the following works as outlined below as detailed within the Vegetation Management Plan, prepared by Keystone Ecological, dated 26 February 2016, are to be completed.

1. All works detailed within the VMP pre-construction activities, plantings of compensatory canopy trees/shrubs/groundcovers, weed control, revegetation, maintenance and monitoring are to be carried out in accordance with the VMP.

2. Planting to be undertaken within the Blue Gum High Forest within the site are to be species characteristic of Blue Gum High Forest in accordance with the Vegetation Management Plan. All trees/plant material to be planted is to be of local provenance sourced from parent material within Ku-ring-gai or Hornsby LGA’s.

3. All fencing as detailed within the VMP is to be installed prior to works commencing.

4. The area beneath the access driveway which crosses the riparian area is to be planted out with riparian species characteristic of Blue Gum High Forest under the direction of a qualified ecologist/bush regenerator. No monocultures are supported. A mixture of groundcovers including ferns, sedges, grasses, climbers, sprawlers and shrubs are to be planted.

5. All noxious and environmental weeds are to be removed from the Blue Gum High Forest community within the site in accordance with the VMP.

6. All vegetation management actions as specified in the VMP shall be carried out by suitably qualified and experienced bush regenerators. The minimum qualifications and experience required for the bush regeneration contractor are a TAFE Certificate 2 in Bushland Regeneration with two years demonstrated experience (for site supervisor) and a TAFE Certificate 2 in Bushland Regeneration with one year demonstrated experience (for other personnel). In addition, the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR).

7. VMP monitoring works are to be undertaken by an engaged bushland restoration contractors or a suitably qualified and experienced landscape architect, horticulturist, bush regenerator or ecologist. The rehabilitation actions identified in this VMP are to be monitored. Monitoring is to be undertaken throughout the entire contract period. Monitoring and maintenance works are to be undertaken for a minimum period of 5 years with 6 monthly reports are to be provided to the Principal Certifying Authority and Copied to Council’s Ecologist.

Reason: To ensure the protection and enhancement of Blue Gum High Forest within the site.

88. Blue Gum High Forest management unit areas -Section 88b instrument

The Certifying Authority is to be provided with evidence of the creation of a restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the following Blue Gum High Forest management unit areas (2 & 3). The terms of restriction must state that any excavation, soil level changes or construction works are prohibited with the exception of works to be undertaken and outlined in accordance with the plan below.

Plan no.	Prepared by	Dated
Vegetation Management Plan (Ref: KMC 15-740)	Keystone Ecological	26February 2016

Reason: To ensure that Critically Endangered Blue Gum High Forest offset management areas are protected.

89. Easement for waste collection

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement for waste collection has been created under Section 88B of the Conveyancing Act 1919. 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.

90. Installation of car stacking system

The car stacking system must be installed in accordance with the manufacturer’s standards and guidelines.

Reason: Safety and amenity.

91. Certification of car stacking system

A suitably qualified traffic or structural engineer must certify that the car stacking system is structurally sound and has been installed in accordance with the manufacturer’s guidelines. The certification must also confirm that the device is operating satisfactorily. The certificates are to be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

Reason: Safety and amenity.

92. Car stacking system positive covenant

Prior to issue of the Occupation Certificate the applicant must create a Positive Covenant under Section 88 E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the car stacking system on the property. Registered title documents showing the covenant must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason: Safety and amenity.

93. Driveway construction

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the section of driveway over the drainage easement has been constructed in accordance with the approved Construction Certificate plans and is lightweight and readily removable to allow for future maintenance of the pipe.

Reason: To protect the environment.

94. 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. 701686M_05 have been complied with.

Reason: Statutory requirement.

95. Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason: To provide access to clothes drying facilities.

96. 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:

1. The installation and performance of the mechanical systems complies with:

· The Building Code of Australia

· Australian Standard AS1668

· Australian Standard AS3666 where applicable

2. 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.

97. 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.

98. Accessibility

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

· the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

· the level and direction of travel, both in lifts and lift lobbies, is audible and visible

· the controls for lifts are accessible to all persons and control buttons and lettering are raised

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

· the height of lettering on signage is in accordance with AS 1428.1 – 1993

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

Reason: Disabled access & services.

99. Retention and re-use positive covenant

If internal re-use of rainwater is proposed, then 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 Part 24R.8 of Ku-ring-gai Local Centres Development Control Plan). 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.

100. Certification of drainage works

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

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

· the minimum retention and on-site detention storage volume requirements of Ku-ring-gai Local Centres Development Control Plan have been achieved

· retained water is connected and available for use

· all grates potentially accessible by children are secured

· 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

· 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.

101. WAE plans for stormwater management and disposal

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:

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

· gradients of drainage lines, materials and dimensions

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

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

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

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

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

· dimensions of the discharge control pit and access grates

· the maximum depth of storage possible over the outlet control

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

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

Reason: To protect the environment.

102. 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 Part 24R.8 of Ku-ring-gai Local Centres DCP). 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.

103. CCTV report of pipe after work

Prior to issue of the Occupation Certificate, a closed circuit television inspection and report on the Council drainage pipeline traversing the site is to be undertaken by appropriate contractors and provided to Council’s Development Engineer. The report is to include a copy of the footage of the inside of the pipeline. Any damage that has occurred to the section of the pipeline since the commencement of construction on the site must be repaired in full to the satisfaction of Council’s Development Engineer at no cost to Council.

Reason: To protect the environment.

104. 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.

105. Certification of as-constructed driveway/carpark

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

· the as-constructed car park complies with the approved Construction Certificate plans

· 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

· finished driveway gradients and transitions will not result in the scraping of the underside of cars

· 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

· the vehicular headroom requirements of:

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

- 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.

106. 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:

· new concrete driveway crossing in accordance with levels and specifications issued by Council

· 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)

· full repair and resealing of any road surface damaged during construction

· 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.

107. Construction of works in public road - approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.

108. 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.

109. 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.

110. 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:

111. 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.

112. No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason: To facilitate access to the garbage collection point.

113. 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.

114. Noise control - rainwater re-use system

All noise generating equipment, such as pumps, associated with any proposed rainwater re-use 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 pump/s 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.

115. 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.

116. 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.

117. 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.

118. Department of Primary Industries - Water

Temporary dewatering of an amount above 3 ML may require a water licence to be obtained from DPI Water before construction commences.

The proposal must not incorporate provision for the permanent or semi-permanent pumping of groundwater seepage from below-ground areas. A fully tanked structure must be used.

Reason: DPI Water requirements.

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	2017/155102
	A2	Zoning extract	2017/155098
	A3	Site survey	2016/071864
	A4	Architectural plans	2016/356131
	A5	Landscape plans	2016/356154
	A6	Vegetation management plan	2016/071801
	A7	Cl.4.6 Request to vary development standard - building height	2016/071762

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

Strategies, plans and processes are in place to effectively manage the impact of new development

Continue to review existing strategies and plans

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An aware community able to prepare and respond to the risk to life and property from emergency events.

Plans are developed in partnership with emergency service agencies and key stakeholders and implemented.

Complete fire trail, fire break and hazard reduction maintenance programs.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1

The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.1

Council’s integrity and operation effectiveness is continually being improved through its leadership, decision-making and policies.

L3.1.1.1.3

Prepare Integrated Planning and Reporting documents and complete all statutory reporting required under the Local Government Act and Integrated Planning and Reporting framework.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

P4.1.1

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

- Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes.

P4.1.4

An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies.

- Engage with relevant stakeholders to establish timing, extent and partnership opportunities.

- Develop and finalise project scope.

- Maintain engagement with the key stakeholders.

Ku-ring-gai is well led, managed and supported by ethical organisations which

deliver projects and services to the community by listening, advocating and responding to their needs.

L2.1.1

Council maintains and improves its long term financial position and performance.

- Review Long Term Financial Plan (LTFP) each year based on 10 year forecasts

- Undertake quarterly reporting to Council on the financial performance of the organisation.

- Assets are identified for disposal to discharge the Services Relocation Loan by 2016 - 2017.

- Review opportunities for sustainable and Assets equitable increases to Council’s income supported by the community.

- Continue to analyse opportunities to expand the revenue base of Council.

- Ensure the commercial property portfolio provides market returns. Manager Integrated Planning, Property

L2.1.4

Council has increased its commitment to infrastructure asset management priorities.

- Identify available funding sources in the LTFP and allocate to priority projects.

- Funding strategies are developed and implemented in line with Council’s Assets adopted Asset Management Strategy.

- Regularly revise Council’s strategic asset management plans and integrate with financial planning processes.

- Continually improve the integrity of asset data and asset registers.

- Implement asset management plans and progress improvement plans for each asset class.

- Implement an integrated corporate asset management system for all asset classes.

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

Strategies, plans and processes are in place to effectively manage the impact of new development

Continue to review existing strategies and plans

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.

P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impact of new development.

Respond to State Government Planning initiatives and reforms – including the new Planning Legislation.

LINDFIELD COMMUNITY HUB – PROJECT SCOPE/MANDATORY ELEMENTS

Category of works

Items of inclusion

Location and extent

Minimum requirements

Relevant guidelines and controls

General

Mix of residential, retail and commercial uses

Streetscape works

-New footpaths

-Underground power lines

-LED street lighting

-Street trees and tree grates

-Landscaping of verges

-Installation of street furniture such as benches, litter bins and bike racks, on strategic locations

Bent Lane

Bent Street

Woodford Lane Beaconsfield Parade

Ku-ring-gai Town Centres Public Domain Plan, 2010

Ku-ring-gai Contributions Plan, 2010

Council’s streetscape technical manual

Road and transport works

-Road realignment

and resurfacing

-Kerb and gutter realignment

Bent Lane

Woodford Lane

Ku-ring-gai Town Centres Public Domain Plan , 2010

Ku-ring-gai Contributions Plan, 2010

Lindfield Local Centre Transport Network Model Study Report 2013-14

-Construction of new public street (realignment and extension of Drovers Way)

-Formal closure of existing Drovers Way road reserve

Between Bent Street and Beaconsfield Parade

Ku-ring-gai Town Centres Public Domain Plan, 2010

Ku-ring-gai Contributions Plan, 2010

Lindfield Local Centre Transport Network Model Study Report 2013-14

-Construction of new kiss & ride zone

- Construction of taxi rank with shelters and signage

Woodford Lane

Ku-ring-gai Contributions Plan, 2010

-Modifications to traffic signals

Intersection of Pacific Highway and Balfour Street/Havilah Road

Lindfield Local Centre Transport Network Model Study Report 2013-14

-Installation of new traffic signals

Intersection of Beaconsfield Parade and Pacific Highway

Lindfield Local Centre Transport Network Model Study Report 2013-14

Public Domain Works

-Construction of new public park

-Construction of new urban plaza

Fronting Bent Street

Minimum size of consolidated green open space 3,000m²

Ku-ring-gai Town Centres Public Domain Plan, 2010

Ku-ring-gai Contributions Plan, 2010

Design specifications as provided by Council

-Construction of new pedestrian plaza on Bent Street

Within road reserve between Bent Lane and Pacific Highway

Design specifications as provided by Council

Community building

-Construction of a community hub building comprising a café, new branch library, community centre and child care centre with roof garden

Corner of Bent Street and new street (realigned Drovers Way)

-Minimum size 2,950m²

-High design quality

- Iconic

Lindfield Community Facilities Study, Elton consulting, 2013

Design specifications as provided by Council

-Full internal fit-out of branch library (turn-key)

Level 1 of community hub building

Minimum size 1,250 m²

Lindfield Community Facilities Study, Elton consulting, 2013

Design specifications as provided by Council

-Full internal fit-out of community centre (turn-key)

Level 2 of community hub building

Minimum size 1,200 m²

Lindfield Community Facilities Study, Elton consulting, 2013

Design specifications as provided by Council

-Full internal fit-out of childcare centre (turn-key)

Level 3 of community hub building

Minimum size 500 m²

with external roof top garden area

Design specifications as provided by Council

Council’s DCP

Car parking

-Council car parking for community uses

Basement car park

Minimum of 55 spaces

Australian Standards and Building Code of Australia

-Public parking (Commuter)

Basement car park

Minimum of 140 spaces

Australian Standards and Building Code of Australia

-Council car parking (replacement of existing at-grade spaces)

Basement car park

Minimum of 112 spaces

Australian Standards and Building Code of Australia

-Private parking (retail and commercial)

Basement car park

Local Centres DCP, 2012

Lindfield Community Hub - Site specific DCP

-Private parking (residential)

Basement car park

Local Centres DCP, 2012

Lindfield Community Hub - Site specific DCP

Retail & Commercial uses

-Supermarket

-Commercial & Retail (including supermarket)

Basement and ground level

Minimum supermarket size 3,000 m²

Maximum retail (including supermarket) + commercial floor space 5,000m2

Local Centres DCP, 2012

Lindfield Community Hub - Site specific DCP

CATEGORY

ADOPTED MANDATORY REQUIREMENT

RECOMMENDED CHANGE

REASON FOR CHANGE

Road and transport works

Modifications to traffic signals:

- Intersection of Pacific Highway and Balfour Street/Havilah Road.

Delete requirement

These works will be delivered as part of the Lindfield Village Green Project and the requirement forms part of the current Development Application.

Insert new requirement

Include new mandatory requirement to read:

-Relocate existing signalised pedestrian crossing on the Pacific Highway near the intersection with Tryon Place – final location subject to RMS approval.

RMS has advised that the existing signals in this location will not be supported due to the proximity to the proposed traffic signals at the intersection of Pacific Highway and Beaconsfield Parade and other technical requirements such as sight lines.

Council is currently working with RMS to identify a new location for mid-block pedestrian activated signals on Pacific Highway that will meet RMS technical requirements/guidelines.

The requirement to modify the existing traffic signals on Tryon Place to accommodate one-way traffic should be transferred to the development outcomes associated with the redevelopment of the existing Library site at 265 - 271 Pacific Highway, Lindfield

Insert new requirement

Include new mandatory requirement to read:

- Install new signalised pedestrian signals on the Pacific Highway at a location approximately half way between the intersections of Balfour Street and Beaconsfield Parade – final location subject to RMS approval

Council has presented a revised scheme to RMS, which proposes to relocate the mid-block pedestrian activated signals on Pacific Highway to a location that will meet RMS technical requirements/guidelines.

-Construction of new kiss & ride zone

- Construction of taxi rank with shelters and signage

- Woodford Lane

Amend to read:

- Drovers Way and Woodford Lane

- Replace reference to ‘Kiss and Ride’ with ‘Pick up / Drop off zone’

To capture opportunity for two locations and wording clarification

Community building

Full internal fit-out of:

- branch library (turnkey); and

- community centre (turnkey).

Amend to read:

- Construction of a three level community hub building as a ‘cold shell’ consistent with Council’s Technical Brief.

- Community building to comprise library facilities, community meeting rooms and halls and a child care centre

- Library and community component to be owned and operated by Council

Recommend that Council’s mandatory requirement be that the Project Partner is to deliver a ‘cold shell’ and that Council design and deliver the internal fitout of the community building.

This approach will ensure Council has higher levels of control over the quality and design of the building fitout.

Internal consultation raised concerns regarding delivery of the community building as turnkey (cold shell + fitout) by a development partner. Stakeholders noted that Council will have very little control of final fixtures and finishes.

Further research and meetings with staff from other councils who have recently delivered new community buildings supports the delivery of cold shell by development partner and fitout by council.

Branch Library

- Level 1 of community hub building

Community centre

- Level 2 of community hub building

Child Care Centre

- Level 2 of community hub building

Amend to read:

- Community building to comprise library facilities, community meeting rooms and halls and a child care centre

Recommend that Council’s mandatory requirements are less specific as to the location of particular functions within the community building.

Specialist consultant advice raised concerns in relation to separating library functions from community functions. Contemporary design of ‘community hubs’ mixes the functions across a number of floors.

Further research and meetings with staff from other councils who have recently delivered new community buildings supports this flexible approach.

Child Care Centre

- Level 2 of community hub building

Amend to read:

- Child Care Centre to be owned by Council and leased to a commercial child care operator

Internal consultation has determined that Council intends to own the building but will not be the operator of a new child care centre.

This approach reduces the capital and operational costs for Council and enhances the overall project feasibility, whilst reducing Council’s risk.

Full internal fit-out of childcare centre (turn-key)

Amend to read:

- Delivery of a three level community hub building as a ‘cold shell’ consistent with Council’s Technical Brief.

Recommended that Council’s mandatory requirement be that the Project Partner is to deliver a ‘cold shell’ and that full internal fitout is to be delivered by the selected child care operator.

Car Parking

Council car parking for community uses

- Minimum of 55 spaces

- Basement car park

Amend minimum requirements to read:

- As per requirements of RTA Guide to Traffic Generating Developments - Parking Requirements for Retail (Shopping Centres) (treated as Office/Medical use)

Amend mandatory requirement to read:

- Basement carpark and on-street car parking

The previously resolution specified 55 car spaces as per Local Centres DCP requirement but because the community uses form part of a larger development containing a variety of uses (including a significant proportion of retail and commercial), there are car parking efficiencies associated with multi-purpose trips and non-conflicting parking peaks within the development. Therefore, it is more appropriate to rely on RTA Guide to Traffic Generating Developments – parking requirements for shopping centres - whose parking rates factor in the efficiencies. Providing the Local Centres DCP requirement for the individual uses would likely result in duplication and therefore overprovision of car parking. The Ku-ring-gai Parking Management Plan acknowledges that efficient sharing of spaces across varying land uses can allow parking requirements to be reduced (from Local Centres DCP requirements)

Further analysis has shown that in the region of 90 car spaces could be provided on the streets within and around the proposed development.

This approach will significantly reduce the cost of car parking provision and enhance the feasibility of project.

On street parking is likely to be supported by the community as it would provide greater convenience for visitors.

Council car parking (replacement of existing at-grade spaces)

-Minimum of 112 spaces

- Basement car park

Amend mandatory requirement to read:

- Basement carpark and on-street car parking

-Public parking (Commuter) Basement car park Minimum of 140 spaces

Amend to include:

- (delivery subject to TFNSW funding)

- Specifications as provided by TFNSW

There is a high risk to the project if TFNSW requirements are mandatory due to cost, timing and design constraints.

The preferred approach is to include them within the EOI/tender as a desirable outcome.

-Private parking (retail and commercial)

Amend minimum requirements to read:

- As per requirements of RTA Guide to Traffic Generating Developments - Parking Requirements for Retail (Shopping Centres)

Since the retail and commercial uses form part of a larger development containing a variety of uses (including a significant proportion of retail and commercial), there are car parking efficiencies associated with multi-purpose trips and non-conflicting parking peaks within the development. Therefore, it is more appropriate to rely on RTA Guide to Traffic Generating Developments – parking requirements for shopping centres, whose parking rates factor in the efficiencies. Providing the Local Centres DCP requirement for the individual uses would likely result in a duplication and therefore overprovision of car parking.

The Ku-ring-gai Parking Management Plan acknowledges that efficient sharing of spaces across varying land uses can allow parking requirements to be reduced (from Local Centres DCP requirements)

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

P4.1.1

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

P4.1.4

An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies.

Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes.

Engage with relevant stakeholders to establish timing, extent and partnership opportunities.

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

A healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning.

C4.1.2

New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks

Complete the design for identified parks and include design principles which facilitate passive recreation activities.

Construct parks at identified locations and include design principles which facilitate passive recreation activities

LINDFIELD COMMUNITY HUB – PROJECT SCOPE/MANDATORY ELEMENTS

Category of works

Items of inclusion

Location and extent

Minimum requirements

Relevant guidelines and controls

General

Mix of residential, retail and commercial uses

- Council’s adopted master plan

Streetscape works

-New footpaths

-Underground power lines

-LED street lighting

-Street trees and tree grates

-Landscaping of verges

-Installation of street furniture such as benches, litter bins and bike racks, on strategic locations

Bent Lane

Bent Street

Woodford Lane Beaconsfield Parade

- Ku-ring-gai Town Centres Public Domain Plan, 2010

- Ku-ring-gai Contributions Plan, 2010

- Council’s streetscape technical manual

Road and transport works

-Road realignment

and resurfacing

-Kerb and gutter realignment

Bent Lane

Woodford Lane

- Ku-ring-gai Town Centres Public Domain Plan , 2010

- Ku-ring-gai Contributions Plan, 2010

- Lindfield Local Centre Transport Network Model Study Report 2013-14

-Construction of new public street (realignment and extension of Drovers Way)

-Formal closure of existing Drovers Way road reserve

Between Bent Street and Beaconsfield Parade

- Ku-ring-gai Town Centres Public Domain Plan, 2010

- Ku-ring-gai Contributions Plan, 2010

- Lindfield Local Centre Transport Network Model Study Report 2013-14

-Construction of new ‘Pick up / Drop off zone’

- Construction of taxi rank with shelters and signage

Woodford Lane

and Drovers Way

- Ku-ring-gai Contributions Plan, 2010

-Relocate existing signalised pedestrian crossing on the Pacific Highway near the intersection with Tryon Place

Pacific Highway

– final location subject to RMS approval

- RMS technical requirements / guidelines.

- Install new signalised pedestrian signals on the Pacific Highway at a location approximately half way between the intersections of Balfour Street and Beaconsfield Parade

Pacific Highway

– final location subject to RMS approval

- RMS technical requirements / guidelines.

-Installation of new traffic signals

Intersection of Beaconsfield Parade and Pacific Highway

- Lindfield Local Centre Transport Network Model Study Report 2013-14

Public Domain Works

-Construction of new public park

Fronting Bent Street

- Minimum size of consolidated green open space 3,000m²

- Ku-ring-gai Town Centres Public Domain Plan, 2010

- Ku-ring-gai Contributions Plan, 2010

- Design specifications as provided by Council

-Construction of new urban plaza

The urban plaza is to directly adjoin the proposed park and be accessible from Woodford Lane

- Minimum size of 900sqm

- Design specifications as provided by Council

-Construction of new pedestrian plaza on Bent Street

Within road reserve between Bent Lane and Pacific Highway

- Design specifications as provided by Council

Community building

- Construction of a three level community hub building as a ‘cold shell’ consistent with Council’s Technical Brief.

- Community building to comprise library facilities, community meeting rooms and halls, a child care centre and roof garden

Corner of Bent Street and new street (realigned Drovers Way)

- Minimum size 2,950m²

- High design quality

- Iconic

- Lindfield Community Facilities Study, Elton consulting, 2013

- Design specifications as provided by Council

-Branch library

Community hub building

- Minimum size 1,250 m²

- To be owned and operated by Council

- Lindfield Community Facilities Study, Elton consulting, 2013

- Design specifications as provided by Council

- Community centre

Community hub building

- Minimum size 1,200 m²

- To be owned and operated by Council

- Lindfield Community Facilities Study, Elton consulting, 2013

- Design specifications as provided by Council

- Childcare centre

Community hub building

- Minimum size 500m²with external roof top garden area

- To be owned by Council and leased to a commercial child care operator

- Design specifications as provided by Council

- Council’s DCP

Car parking

-Council car parking for community uses

Basement car park and on street parking

- As per requirements of RTA Guide to Traffic Generating Developments - Parking Requirements for Retail (Shopping Centres) (to be treated as Office/Medical use)

- Australian Standards and Building Code of Australia

-Public parking (Commuter)

Basement car park

- Minimum of 140 spaces

- delivery subject to TFNSW funding

- Specifications as provided by TFNSW

-Council car parking (replacement of existing at-grade spaces)

Basement car park and on street parking

- Minimum of 112 spaces

- Australian Standards and Building Code of Australia

-Private parking (retail and commercial)

Basement car park

- As per requirements of RTA Guide to Traffic Generating Developments - Parking Requirements for Retail (Shopping Centres)

- Australian Standards and Building Code of Australia

-Private parking (residential)

Basement car park

Local Centres DCP, 2012

Lindfield Community Hub - Site specific DCP

Retail & Commercial uses

-Supermarket

-Commercial & Retail (including supermarket)

Basement and ground level

Minimum supermarket size 3,000 m²

Maximum retail (including supermarket) + commercial floor space 5,000m2

Local Centres DCP, 2012

Lindfield Community Hub - Site specific DCP

Location

Year

Average weekday traffic

(2-way)

Am peak hour traffic flows (8am-9am)

(2-way)

Pm peak hour traffic flows

(5pm-6pm)

(2-way)

Sat peak hour traffic flows

(2-way)

85% speeds (2-way)

Memorial Avenue

2007

7,645 vpd

58km/h

2014

8,820 vpd

N215+S430=

645 vph

N440+S265=

705 vph

N390+S395=

785 vph

54km/h

Cowan Road

2001

5,800 vpd

52km/h

2014

6,690 vpd

N130 +S315 =

445 vph

N255 +S190 =

445 vph

N275 +S285 =

560 vph

49km/h

Parking layout

Car spaces

Estimated Cost

Open space impacts

Traffic impacts

Accessible parking implications

Other comments

Parallel

No change to existing

Minimal opportunities

Existing layout

Parallel –indented by 1.0m

$134,500 to lose 3 spaces)

Removal of 6 trees

May increase speed of passing traffic

Improved opportunities for accessible parking.

Due to sufficient road width, indented parallel parking generally not required.

Reduced parking numbers compared to existing layout

30 degree

$201,000

($201,000

For one additional space)

Removal of 6 trees

Can only be accessed from 1 direction (northbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

45 degree

$246,000

($31,000 per additional space)

58sqm

Removal of 6 trees

Can only be accessed from 1 direction (northbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

60 degree

$291,000

($20,500 per additional space)

181sqm

Removal of 6 trees

Can only be accessed from 1 direction (northbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

90 degree

$325,000 ($15,500 per additional space)

248sqm

Removal of 7 trees

Can be accessed from both directions.

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

Layout as indicated in St Ives Village Green Master Plan.

Parking layout

Car spaces

Estimated Cost

Open space impacts

Traffic impacts

Accessible parking implications

Other comments

Parallel

No change to existing

Minimal opportunities

Existing layout

Parallel – indented by 0.5m

$97,000 to lose one space

May increase speed of passing traffic

Improved opportunities for accessible parking

Any intrusion into the footpath area will likely require relocation of utilities (telecoms). This has not been allowed for.

Reduced parking numbers compared to existing layout

30 degree

$133,000 ($66,500 per space for 2 additional spaces).

31sqm

Can only be accessed from 1 direction (southbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

Any intrusion into the footpath area will likely require relocation of utilities (telecoms). This has not been allowed for.

45 degree

$147,000 ($49,000 per additional space)

94sqm

Can only be accessed from 1 direction (southbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

Any intrusion into the footpath area will likely require relocation of utilities (telecoms). This has not been allowed for.

60 degree

$172,000 ($28,700 per additional space)

154sqm

Removal of 3 trees

Can only be accessed from 1 direction (southbound).

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

Any intrusion into the footpath area will likely require relocation of utilities (telecoms). This has not been allowed for.

90 degree

$186,000 ($20,700 per additional space)

185sqm

Removal of 4 trees

Can be accessed from both directions.

Manoeuvring vehicles may slow/impede through traffic.

Improved opportunities for accessible parking.

Layout as indicated in St Ives Village Green Master Plan.

Any intrusion into the footpath area will likely require relocation of utilities (telecoms). This has not been allowed for.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Road network safety and efficiency are improved and traffic congestion is reduced.

Parking is managed to balance the supply and demand of available parking spaces.

Implement the 10 year Traffic and Transport Program.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Partnerships are established with community groups and organisations to optimise the availability and sporting, recreation and leisure facilities.

Engage with community partners to improve Council’s sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Partnerships are established with community groups and organisations to optimise the availability and sporting, recreation and leisure facilities.

Engage with community partners to improve Council’s sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Ordinary Meeting of Council - 27 June 2017	MM.1 / 22

Item MM.1	S02767
	13 June 2017

Ordinary Meeting of Council - 27 June 2017	GB.1 / 24

Item GB.1	S11581
	15 June 2017

purpose of report:	To seek endorsement from Council for Ku-ring-gai Council to become a member of the Northern Sydney Science Hub.

background:	With the recent inclusion of Science, Technology, Engineering and Maths (STEM) education, as part of the ‘National Innovation and Science Agenda’ by the Australian Government, CSIRO Lindfield has established the Northern Sydney Science Hub. The Hub is seeking Ku-ring-gai Council’s involvement in the project to strengthen focus, and increase uptake and community awareness of Science, Technology, Engineering and Mathematics.

comments:	Ku-ring-gai currently delivers a number of STEM related education and awareness activities through libraries and environmental education programs. Joining the Northern Sydney Hub will provide an opportunity to better promote these activities to a wider audience, access support and resources from the Hub, whilst aligning them with other organisations also involved in the Hub.

recommendation:	That Council endorse membership of the Northern Sydney Science Hub as outlined in this report.

Ordinary Meeting of Council - 27 June 2017	GB.2 / 29

Item GB.2	S05273
	15 June 2017

purpose of report:	To present Council’s investment portfolio performance for May 2017.

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 May 2017 was $4,124,000 against a revised budget of $3,764,000 giving a YTD favourable variance of $360,000.

recommendation:	That the summary of investments performance for May 2017 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Ordinary Meeting of Council - 27 June 2017	GB.4 / 123

Item GB.4	S11324
	15 June 2017

purpose of report:	For Council to consider a Planning Proposal for the north-eastern part of the Killara Golf Club known as Deferred Area 15 under the Ku-ring-gai Local Environmental Plan 2015.

background:	At the Ordinary Meeting of Council on 13 June 2017 Council resolved That the matter be deferred pending a site inspection. A site inspection was scheduled to be held at the Killara Golf Club on 23 June 2017. The matter is now being reported back to Council. This parcel of land was deferred from inclusion in the Ku-ring-gai Local Environmental Plan 2015 to allow Council to consider the landowner’s case regarding the zoning and standards that apply to the site The proposal seeks to maintain the KPSO residential status of the land with a partial rezoning to a higher density. The Planning Proposal indicates that should development of the site be found necessary at some future date to enable the continued long-term operation of the Club. The Club has indicated they will maintain the existing golf provision through relocation of the facilities currently provided on the Deferred Area, including the bowling greens and tennis courts.

comments:	This report presents the assessment of the Planning Proposal and addresses key issues regarding the application, namely the flexibility sought through the proposal that will support the long term retention of the Killara Golf Club in this location, and the issues of interface impacts on neighbouring properties and the protection of the Heritage Item and its curtilages. This report stipulates the amendments required to the Planning Proposal prior to it proceeding for Gateway Determination.

recommendation:	That the Planning Proposal be amended and forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

Attachments:	A1	Table of Amendments	2017/150666
	A2	Department of Planning and Environment Letter to Council 4 March 2015	2017/147155
	A3	Planning Proposal	2017/144167
	A4	Appendix A Checklist of Consistency with Section 117 Directions and SEPPs	2017/144164
	A5	Appendix B Detailed Site Survey prepared by YSCO Geomatics	2017/144160
	A6	Appendix C Killara Golf Club Urban Design Study December 2016, PDML	2017/144158
	A7	Appendix D Killara Golf Club 556 Pacific Hwy Killara - Traffic and Parking Assessment Report	2017/144156
	A8	Appendix E Statement of Heritage Impact and Conservation Management Plan December 2016	2017/144154
	A9	Appendix F Flora & Fauna Assessment – Planning Proposal – Deferred Area 15 at Killara Golf Course & 552-554 Pacific Hwy Killara	2017/144150
	A10	Appendix G Preliminary Arboricultural Assessment – Planning Proposal Deferred Area 15, May 2016	2017/144149
	A11	Appendix H Tier 1 Detailed Site Investigation Killara Golf Course 556 Pacific Hwy Killara – SESL Australia	2017/144144
	A12	Appendix I Killara Golf Club Planning Proposal Consultation Outcomes Report, Elton Consulting	2017/144141
	A13	Appendix J Information Checklist	2017/144136

Ordinary Meeting of Council - 27 June 2017	GB.5 / 141

Item GB.5	S06649
	22 May 2017

purpose of report:	To seek endorsement of the proposed contents of a Council submission to the NSW Rural Fire Service (RFS) on the draft Revised Bush Fire Environmental Assessment Code and supporting documents, and for Council to note that no submission is to be put forward by Council in regards to draft Planning for Bush Fire Protection 2017.

background:	The NSW RFS is currently inviting public submissions on a draft Revised Bush Fire Environmental Assessment Code and supporting documents in accordance with sections 100J to 100N of the Rural Fires Act 1997, and a draft Planning for Bush Fire Protection 2017.

comments:	This report outlines a number of key concerns, implications and recommendations for inclusion in Council’s submission on the draft Revised Bush Fire Environmental Assessment Code and supporting documents, for consideration and endorsement by Council. No concerns have been raised in regards to the Draft Planning for Bush Fire Protection 2017.

recommendation:	That Council endorses the submission as provided within Attachment A1, on the Draft Bush Fire Environmental Assessment Code and supporting documents. That Council notes a submission in regards to the Draft Planning for Bush Fire Protection 2017 will not be submitted. That Council undertakes a review of all relevant spatially identified land management agreements, for provision to the RFS and that conditions relating to these agreements be stored within an accessible location to enable provision of conditions within 3 working days.

Attachments:	A1	Submission to NSW RFS		2017/163707
	A2	PBP 2006 to DRAFT PBP 2017 – What has changed		2017/164343

Ordinary Meeting of Council - 27 June 2017	GB.6 / 149

Item GB.6	FY00382/9
	14 June 2017

purpose of report:	For Council to adopt the revised Delivery Program 2013 – 2017 and Operational Plan 2017 – 2018, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2017 – 2018.

background:	In December 2016 the Office of Local Government advised councils with deferred elections that an additional Operational Plan for the period 2017 – 2018 must be developed and adopted by 30 June 2017. On 2 May 2017, Council considered a report on the Revised Delivery Program 2013 – 2017 and draft Operational Plan 2017 – 2018, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2017 – 2018. At that meeting Council resolved to place the revised program and draft plan on public exhibition for a minimum period of 28 days in accordance with Sections 404 and 405 of the Local Government Act, 1993.

comments:	The revised Delivery Program 2013 – 2017 and draft Operational Plan 2017 – 2018 were exhibited for a period of 29 days from 5 May to 2 June 2017. Twelve (12) external and four (4) internal written submissions were received as a result of the exhibition. Following a review of the submissions minor amendments and corrections are proposed to the operational plan and fees and charges.

recommendation:	That pursuant to Sections 404 and 405 of the Local Government Act, 1993 Council adopts the revised Delivery Program 2013 – 2017 and Operational Plan 2017 – 2018 incorporating the Budget, Capital Works Program, Statement of Revenue and Fees and Charges for 2017 – 2018.

Type	Category	Rate in $	Min/Base Amount $	% of Revenue from Base for each rate	Yield $
Ordinary	Residential	0.00064484	514		28,862,339
Ordinary	Business	0.00447545	514		4,247,621
Special	Infrastructure – Primary Rate	0.00029358			11,509,574
Special	Infrastructure – Primary Rate		268	49.98%	11,498,808
Special	Infrastructure - Special Rate Variation	0.00003661			1,435,188
Special	Infrastructure - Special Rate Variation		32	48.89%	1,372,992
Special	Environmental – Special Rate Variation	0.00006984			2,737,977

Category	Charge per Occupancy	Number of Services	Estimated Yield
Base Service with Green waste	$455.00	26,392	$12,008,360
Base Service without Green waste	$305.00	395	$120,475
Flat, Home Unit	$395.00	10,764	$4,251,780
Additional Green waste Bin	$150.00	3,202	$480,300
240L waste bin with Green waste	$655.00	4,827	$3,161,685
Additional 120L waste bin	$200.00	171	$34,200
Availability / Vacant Land	$180.00	216	$38,880
240L waste bin without Green waste	$505.00	28	$14,140
240L waste, flat home unit	$595.00	5	$2,975
Total Yield			$20,112,795

Submission		Issues raised
1. Resident		Request for Yarrara Road, West Pymble to be resurfaced due to its poor existing condition.
Response: Council uses a sophisticated Pavement Management System to assess all road pavements within Ku-ring-gai. The assessment, which is reviewed annually, takes into account existing pavement condition, traffic loading and available funds. It enables Council to determine the most cost effective pavement treatment and timing and develop a prioritised road rehabilitation program. Council is aware of the road condition of Yarrara Road. Under Council’s draft five (5) year program, this road was initially identified for inclusion in the 2017-2018 Road Rehabilitation program. However, due to budgeting allocation the road was unable to be listed in the Delivery Program and draft Operational Plan 2017 – 2018. It has therefore not been included in the proposed 2017 – 2018 road program. Recommendation That the resident be informed that Yarrara Road, West Pymble will be reviewed for inclusion in the 2018- 2019 Road Rehabilitation program. This program is reviewed annually subject to available funding and adoption by Council.
Submission		Issues raised
2. Resident		Submission seeking confirmation that Council will investigate inclusion of a half court for basketball in its design planning for Gordon Park, consistent with earlier Council advice.
Response: At the meeting of 9 December 2014 Council resolved to allocate up to $7000 from the Section 94 Reserve (2010 Contributions Plan – Parks and Sporting Facilities South) in the 2015 first quarter budget review for the immediate installation of a basketball half court at Regimental Park, Killara. As Regimental Park sits on top of a Sydney Water reservoir, Council officers approached Sydney Water in early 2015 seeking in principle support prior to Council spending money on geotechnical and engineering reports. In principle approval was given in April 2015 and footing details were forwarded to Sydney Water in June 2015. In August 2016 Sydney water requested further information and subsequently imposed a load rating for the reservoir roof of 5.4Kpa. Council engineers calculated the footing for the basketball hoop to be some three times more than the load rating permitted by Sydney Water. As Council was then unable to install the basketball hoop at Regimental Park it is proposed to relocate the hoop to Gordon Recreation Ground as part of the masterplanning and playground upgrade works. To date an initial public survey has been carried out to inform the masterplan. The development of the masterplan will take place over the first quarter of 2017-2018 and will include public consultation on the proposed facilities and works. Following Council’s adoption of a masterplan it is anticipated that works will commence late in the 2017-2018 financial year. Recommendation That the resident be advised in terms of the response above.
Submission			Issues raised
3. President of Roseville Park Tennis Club, Manager of Online Tennis			Seeking urgent inclusion of the construction of a new clubhouse/tennis pavilion at Roseville Park in Council’s 2017 – 2018 Operational Plan for the following reasons: · That the replacement of the tennis pavilion, which was demolished over four years ago does not include funding for in 2017 – 2018 Operational Plan. · Roseville Park tennis courts are one of the largest tennis court complexes in Ku-ring-gai. · The demountable building and port-a loos provided by Council temporarily are inadequate for the large number of patrons who use the tennis facilities. This includes tennis club members, 461 juniors in the Online Tennis program and other tennis players who use the facilities. · There is no access to hot water for tennis patrons. · The club is prepared to contribute to the financial cost of works and to seek grant funding from other agencies once a DA is finalised.
Response: In October 2013 a fallen tree branch damaged three external wall panels and roofing to the existing tennis shelter at Roseville Park. After risk assessments were conducted and reports identifying asbestos, Council organised for the tennis shelter to be demolished. Due to limited funding and heritage curtilage issues related to nearby Firs Cottage, a replacement building was not considered suitable at the original location. As a temporary arrangement, Council established a demountable building (powered) to service the full time tennis coach (Online Tennis) and the Roseville Park Tennis Club. Portable toilets (x2) were also set up onsite to supplement the existing toilet facilities located at the nearby amenities building at Roseville Park and the public toilets open in line with Firs Cottage trading hours. Council’s Section 94A Contributions Plan 2015 states that whilst the Roseville Park Masterplan was adopted in 2015, the first notional funding available in Council’s Long Term Financial Plan (LTFP) was in 2017- 2018 where $570,000 had been allocated through the Infrastructure and Facilities Reserve. At least $4M is required to implement most of the Masterplan’s high priority items. However, it is acknowledged that a replacement Tennis Pavilion with the provision of amenities would rank highly in the priority order for the park. The LTFP was predicated on a number of asset sales. These asset sales rely on the reclassification of land by the NSW Government which have been significantly delayed, deferred and in some cases rejected. Without asset sales limited funding is available and as a result the project was not included in the Draft Operational Plan. However, in the interim it is proposed that $60,000 be allocated in the 2017-2018 financial year from S94A for the design and public consultation for the tennis pavilion with amenities. Allocation of these funds in the 2017–2018 budget are proposed as part of Council’s September Quarterly Budget Review process. It must be noted that until alternate funding is identified or the NSW Government advances the reclassification proposals, there are no funds available for the construction. Recommendation · That Council include the design and consultation for the construction of a tennis pavilion with amenities at Roseville Park in the 2017/2018 Operational Plan. · That Roseville Park Tennis Club and Online Tennis be advised of Council’s response.
Submission			Issues raised
4. Member of Roseville Park Tennis Club			Seeking Council’s urgent attention to replace the tennis clubhouse building and facilities demolished over 5 years ago for the reasons that the temporary port-a-loos and facilities provided by Council are inadequate for all users of Roseville Park facilities as well as the detrimental effect this has on tennis club membership.
Response: See response provided to Submission 3 above. Recommendation · That Council include the design and consultation for the construction of a tennis pavilion with amenities at Roseville Park in the 2017/2018 Operational Plan. · That the club member be advised of Council’s response.
Submission			Issues raised
5.) 6.) 7. ) Northern Suburbs Football Association Inc.			Three separate submissions were received from Northern Suburbs Football Association, the governing body for football on Sydney’s North Shore, advising Council of its support for the capital works included in Council’s draft 2017-2018 Operational Plan which will assist its 15 NSFA clubs located in the Ku-ring-gai LGA with combined 7000 members: Norman Griffiths Oval, West Pymble – confirming the NSFA’s support for Council’s funding towards the development of the Oval in addition to $125,000 of committed NSFA funds and $50,000 secured government funding. Comenarra Playing Field, Turramurra and George Christie Oval , Wahroonga - confirming the NSFA’s support for Council’s funding towards the upgrade to amenities at these locations. Completion of the 200 space carpark at the North Turramurra Recreation Area; Stage 4 works at Koola Park, East Killara; Primula Park sportsfield upgrade and investigation of upgrading Warrimoo Oval surface - confirming the NSFA’s support for Council’s funding towards these projects.
Response: The submissions from Northern Suburbs Football Association in support of the above proposed works are noted. Recommendation That the Northern Suburbs Football Association be advised that Council has received and noted its submissions in support of the above stated capital works.
Submission		Issues raised
8. Northern Suburbs Football Association Inc.		Seeks Council’s co-contribution for a ZAPSTAND automated external defibrillator to be located at North Turramurra Recreation Area. The estimated running and maintenance cost is $8,000 + GST per annum of which the association is seeking an annual 50% contribution from Council.
Response: The NSFA submission follows discussions with Council officers regarding the defibrillator proposal where they were advised that Council does not currently have funding for this in the NTRA budget. This defibrillator is designed as an externally accessible unit and has recently been installed at Circular Quay. Preliminary assessment suggests that the unit has merit based on the projected numbers of patrons that will be utilising the three sportsfields and golf course within the NTRA. The robust design may also overcome Council maintenance and vandalism concerns with a previous proposal to install units in change rooms. Funding opportunities are presently being discussed with the Association. This includes applying for a small equipment grant under Council’s community grants program, which closes on July 2, as well as seeking advice on state government funding opportunities. Recommendation: · That Council officers continue to liaise with the Northern Suburbs Football Association regarding the proposed defibrillator equipment at the North Turramurra Recreation Area including security and maintenance requirements and funding opportunities. · That the Association be advised in the above terms.
Submission	Issues raised
9. Resident	Recommends the following priorities for funding as a result of the high number of new dwellings being built in the Ku-ring-gai area: Improve infrastructure · Change the existing Pacific Highway (from Roseville to Wahroonga) to three (3) lanes, including T2 and T3 lanes and left/ right turning lanes. · Make all train stations accessible with lifts or ramps · Increase train and bus services Provide more public schools · Increase the number and capacity of local public schools to reduce the demand for demountable buildings through higher buildings while maintaining valuable outdoor areas Dwelling lot size · Reduce the minimum residential lot size to 600-700m2 to allow for denser housing and increase housing affordability whilst protecting the environment through mandatory tree planting. Town centres · Replace the east side of Gordon town centre (between the railway and Pacific Highway) with mixed use 8-10 storey buildings · Replace Gordon Centre with a bigger centre.
Response: Improve infrastructure Council has been planning for transport changes in targeted local centres in Ku-ring-gai for a number of years, in conjunction with Roads and Maritime Services (RMS), Transport for NSW and other transport stakeholders. A suite of traffic flow and intersection changes have been proposed in Turramurra, Pymble, Gordon, Lindfield and Roseville, and agreed to by RMS (in principle). Traffic flow and intersection changes in these centres include upgrades and improvements to locations on the Pacific Highway in Ku-ring-gai. Ultimately though, traffic management of the Pacific Highway is the responsibility of Roads and Maritime Services, which is addressing traffic delays, managing congestion and improving travel times on Sydney's major roads through its Pinch Points Program. Similarly, lift access to train stations and additional train and bus services is the responsibility of Transport for NSW, although Council works with and lobbies Transport for NSW and other state agencies to seek opportunities for improvements to transport infrastructure. Provide more public schools As part of the North District planning process the Greater Sydney Commission, NSW Education Department and Council are working closely on meeting the demand for schools in the region. Dwelling lot size As part of the North District planning process Council will be preparing a housing strategy for Ku-ring-gai local government area looking at various options for increasing housing supply, housing choice and affordability. Local centre Council has commenced a master planning process for Gordon focusing on Council owned land within the Gordon local centre. The master plan process will explore opportunities to work collaboratively with major landowners to play a role as catalyst for the revitalisation and activation of Gordon local centre. This would include wider benefits for the community in terms of significant public domain works, community facilities and civic space provision and vastly improved pedestrian connectivity. It is anticipated that consultation with the community will occur in late 2017. Recommendation That the resident be advised in terms of the response above.
Submission		Issues raised
10. Resident		Traffic management and congestion when exiting the Wade Lane, Gordon car park onto Park Avenue, Gordon and would like Council to consider options such as traffic signals.
Response: The traffic issues associated with exiting the Gordon train station (Wade Lane) carpark, particularly during peak times, are noted. As part of the upcoming Gordon local centre masterplanning process, Council will be reviewing traffic conditions in this precinct. At this stage it is intended to consult with the community in late 2017. Recommendation That the resident be advised in terms of the response above including the forthcoming review of traffic conditions and community consultation for this precinct.
Submission		Issues raised
11. Resident		Concerns in relation to the loss of existing carparking at the new Lindfield Hub site and likely accessibility issues for older residents if they cannot drive to the precinct and are required to walk, cycle or take public transport.
Response: The Lindfield Village (Community) Hub is a redevelopment project being undertaken by Council on Council owned land. The 1.3 hectare site will deliver a mixed use precinct and will include publicly accessible parking within the development along with commuter parking and additional on-street parking provision. Recommendation That the resident be advised in terms of the response above.
Submission	Issues raised
12. Resident	This submission is in reference to the Roads Program for the Dumaresq and Moree Streets, Gordon land acquisition for a new street (page 93 of exhibited document). The submission queried the $3,626,000 line item as the acquisition was completed in previous years.
Response: This project incorrectly included a portion of the funding associated with the land acquisition. The cost of construction of the new road has been revised and the balance of funds allocated for construction is approximately $2,621,100, from S94 development contributions. Recommendation · That the Roads Program for 2017 – 18 be amended to reduce the allocation for Dumaresq and Moree Streets, Gordon. · That the resident be advised in terms of the response above.

Theme	Community, people and culture
Reference	Page 46 Term Achievement – C6.1.1 Council’s planning approach to the provision of housing across Ku-ring-gai addresses the supply, choice and affordability needs of the community. Critical Action – C6.1.1.1 Investigate opportunities/locations to provide a range of housing choices.
Objective/ Action	Proposed additional task
Add/Delete/Change	New task wording: C6.1.1.1.3 - Prepare a Development Application for the Council owned land at 259-271 Pacific Highway, Lindfield (known as the Lindfield Library site) consistent with Council’s adopted master plan and lodge the Development Application with Council.
Reason	Council is currently awaiting gazettal of the LEP amendment by the Department of Planning and Environment which includes reclassification of the site to operational land and rezoning. The proposed Task will enable the next stage of planning for the site to be progressed following gazettal.

Theme	Natural Environment
Reference	Page 48 Term Achievement - N1.1.2 Increased community action that benefits the environment AND Critical Action - N1.1.2.1 Development of environmental resources, tools and targeted education programs for a range of user groups.
Objective/ Action	Two (2) additional tasks
Add/Delete/Change	New task wording: N1.1.2.5 - Conduct a comprehensive consultation program for Council’s Special Rate Variation application for the permanent continuation of the Environmental Levy. New task wording: N1.1.2.6 - Prepare a Special Rate Variation application under section 508(2) of the Local Government Act, 1993 for the permanent continuation of the Environmental Levy.
Reason	At its meeting of 13 June 2017, Council resolved to prepare a Special Rate Variation application to IPART under section 508(2) of the Local Government Act 1993 for the permanent continuation of the Environmental Levy and, as part of the application, to conduct extensive community consultation to determine community support for the ongoing Levy to fund environmental and sustainability programs and initiatives. The additional tasks proposed for the 2017 -2018 Operational Plan enable Council’s resolution to be formally actioned.
Theme	Places, spaces and infrastructure
Reference	Page 58 Term Achievement - P7.1.2 Usage of existing community buildings and facilities is optimised, AND Critical Action - P7.1.2.4 Golf courses are professionally managed in line with industry standards.
Objective/ Action	Minor wording changes to two (2) exhibited Operational Plan Tasks and one (1) additional Task.
Add/Delete/Change	Minor changes to two (2) exhibited Operational Plan Tasks to read as follows: P7.1.2.4.1 – Continue to develop programs, services and marketing the new North Turramurra course layout as part of North Turramurra Recreation Area (NTRA) to existing and potential customers with the support of the course contracted professional. P7.1.2.4.2 – Golf Course professional services are operating to meet customer and industry standards. New task wording: P7.1.2.4.3 - Manage the transition to Council directly operating the ongoing professional services at Gordon Golf Course pro-shop.
Reason	The wording changes are proposed to clarify Council’s responsibilities and service expectations for these facilities. The additional Task is proposed to reflect Council’s new management of the Gordon Golf Course.

Ordinary Meeting of Council - 27 June 2017	GB.7 / 167

Item GB.7	S10973
	13 June 2017

purpose of report:	To seek Council approval to formally resolve the status of land within the Lindfield Village Green and the Lindfield Community Hub sites as public roads.

background:	On 6 September 2016 a report was submitted to Council to formally resolve the status of land within the Lindfield Village Green and the Lindfield Community Hub sites as public roads.

comments:	Council’s earlier resolutions are suitable for the lands that are being compulsorily acquired under the Local Government Act 1993, however, in relation to lands being acquired as roads under the Roads Act 1993 new resolutions are required to ensure statutory compliance.

recommendation:	That Council proceed with the compulsory acquisition of land and roads as outlined in the report.

Attachments:	A1	Lindfield Community Hub road openings	2017/162190
	A2	Lindfield Community Hub Plan of Acquisition DP1226294	2017/162195
	A3	Lindfield Village Green Plan of Acquisition and Dedication of Public Road - A1	2016/236233

Ordinary Meeting of Council - 27 June 2017	GB.8 / 175

Item GB.8	S10468
	26 May 2017

purpose of report:	To seek the approval of Council to prepare and lodge a Development Application for redevelopment of the existing Lindfield Library Precinct at 259-271 Pacific Highway, Lindfield.

background:	At the Ordinary Meeting of Council on 6 September 2016 Council resolved to adopt a Planning Proposal to amend Ku‑ring-gai Local Environmental Plan (Local Centres) 2012 to rezone and reclassify the land on the Lindfield Library Precinct site. Council also resolved to continue to operate the community facilities currently provided in the precinct until suitable alternative facilities are available.

comments:	If Council wishes to prepare and lodge a Development Application (DA) for the Lindfield Library Precinct, and achieves development consent, an approved DA will likely achieve an increase of between 10 – 20 % in the sale value of the site. This estimate is based on recent advice received from Council’s land valuation consultant. Further, if Council undertakes this process, Council may be further assured of a high quality design outcome as prescribed by community consultation held to date. This report is not seeking approval to dispose of the site. All current uses can continue until new premises are determined for the current community buildings.

recommendation:	That Council grants Owner’s Consent for the preparation and lodgement of a Development Application (DA) at 259-271 Pacific Highway, Lindfield. That Council continues to operate the community facilities currently provided at 259-271 Pacific Highway, Lindfield until suitable alternative facilities are available.

Ordinary Meeting of Council - 27 June 2017	GB.9 / 185

Item GB.9	S11257
	25 May 2017

PURPOSE OF REPORT:	For Council to consider the submissions received in response to the exhibition of the Planning Proposal to amend to the KLEP 2015 for the rezoning of 21 Lorne Avenue, Killara.

background:	The Planning Proposal was submitted to Council on 29 August 2016. Following the submission of additional information, the review of the Planning Proposal formally commenced on 4 November 2016. On 7 February 2017, Council resolved to forward the Planning Proposal to the Department of Planning and Environment for a Gateway Determination. A Gateway Determination was received on 21 March 2017. On 23 May 2017 Council considered this report and resolved: That the matter stands deferred and that Council proceeds in the terms discussed.

comments:	The Planning Proposal was placed on public exhibition from 6 April 2017 to 5 May 2017. The submissions received have been assessed for Council’s consideration.

recommendation:	That Council adopts the Planning Proposal and makes the plan under delegation.

Lorne Avenue, Killara	2015	2017
Recorded 85% speed (average, 2-way)	54km/h	55km/h
am peak hour 2-way traffic volumes (8am-9am)	249 veh/hr	258 veh/hr
pm peak hour 2-way traffic volumes (5pm-6pm)	200 veh/hr	206 veh/hr

Attachments:	A1	Gateway Determination - 21 Lorne Avenue Killara	2017/073140
	A2	Planning Proposal - 21 Lorne Avenue Killara - Amended as Per Gateway Determination March 2017	2017/080825
	A3	Appendix A - s117 Directions and SEPPs	2017/128018
	A4	Heritage Impact Statement - 21 Lorne Avenue Killara	2016/305168
	A5	Development Yield Analysis	2016/284594
	A6	Urban Design Study and Analysis	2016/304798
	A7	State Agency Responses - 21 Lorne Avenue	2017/128029
	A8	Submission Summary Table	2017/128435
	A9	Perumal Murphy Alessi - 21 Lorne Avenue, Killara - Heritage Status and Context Review of 14 Sites in Ku-ring-gai May 2006	2013/233256

Ordinary Meeting of Council - 27 June 2017	GB.10 / 195

Item GB.10	S11550
	22 May 2017

purpose of report:	To seek Council’s endorsement for two submissions to the NSW Government on the currently exhibited draft Regulations and other key products which support the Government’s new Biodiversity Conservation Act 2016 and Local Land Services Amendment Act 2016.

background:	The Biodiversity Conservation Act 2016 (NSW) and the Local Land Services Amendment Act 2016 (NSW) were passed into law in November 2016. The NSW Government has released 13 draft documents and tools to implement the new Acts, including regulations, codes and guidelines which are currently on public exhibition.

comments:	Ku-ring-gai Council made a submission to the NSW Government during the exhibition period for the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016 and held a community work shop on the biodiversity reform. Many of the details relating to the functioning of the new legislation are set out in the documents currently on exhibition and fundamentally change the way development is assessed and how biodiversity is protected across the state. Staff have prepared two draft submissions on the currently exhibited documents which provide comments relating to; potential impact, identified strengths and recommendations for improvements.

recommendation:	That Council endorses the two submissions to the NSW Government on the currently exhibited documents related to biodiversity and land management.

Minimum lot size of land	Area of clearing
Less than 1 hectare	0.25 hectare or more
Less than 40 hectares but not less than 1 hectare	0.5 hectare or more
Less than 1,000 hectares but not less than 40 hectares	1 hectare or more
1,000 hectares or more	2 hectares or more

Attachments:	A1	Submission on Explanation of Intended Effect for the State Environmental Planning Policy (Vegetation) 2017		2017/165168
	A2	Submission on NSW biodiversity and land management reforms		2017/163388

Ordinary Meeting of Council - 27 June 2017	GB.11 / 201

Item GB.11	S10376-10
	12 May 2017

purpose of report:	This report sets out a process for Council to resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai generally.

background:	At the OMC of 28 February 2017 it was determined that Council should resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku‑ring-gai prior to determine whether to proceed with the Save Marian Street Theatre fundraising initiative. At the same meeting Council requested that a report be brought back on the scope and indicative costs of undertaking a business case assessing the available options for theatre in Ku-ring-gai.

comments:	This report will address Resolution A from OMC of 28 February 2017. As a first step, specialist consultants were engaged to facilitate a workshop with Councillors to discuss how to progress the decision-making process in relation to defining the need for live theatre and/or a performance facility within the Ku-ring-gai LGA. The workshop was held on Wednesday, 7 June 2017.

recommendation:	It is recommended that Council proceeds with a Visioning and Feasibility Study for theatre in Ku-ring-gai prior to Council determining whether to proceed with the Save Marian Street Theatre fundraising initiative.

Ordinary Meeting of Council - 27 June 2017	GB.12 / 208

Item GB.12	S10973-4
	8 June 2017

purpose of report:	The purpose of this report is to update Council on the development of the technical and design aspects of the master plan for the Lindfield Community Hub (the Project).

background:	At the OMC of 6 October 2015, GB.10, Lindfield Community Hub Update Report, Resolution E, Council adopted a schedule of community infrastructure elements that define the mandatory requirements for any bid arising from an EOI/Tender for the Project.

comments:	A comprehensive internal consultation programme is being undertaken via Project Advisory Groups (PAGS) to inform the development of a Project Technical Brief. In addition Council has engaged a number of specialist consultants to provide advice on requirements for elements of the project. During the review process aspects of Council’s mandatory requirements (with reference to Resolution E from the OMC of 6 October 2015, GB.10) have been tested and found to require minor amendments. These minor amendments have been addressed by Council’s urban designer team - SJB. The amendments have been integrated into an updated Master Plan as per Attachment A1 – Adopted Lindfield Hub Master Plan – 1June 2017.

recommendation:	That Council adopts minor changes to the mandatory project requirements for the Lindfield Community Hub project.