20 Tulip Street, CHATSWOOD NSW 2067.

WARD INSPECTION COMMITTEE

20 Tulip Street, CHATSWOOD NSW 2067. (Ward: West)

20 Tulip Street, CHATSWOOD NSW 2067.

DA NO: DA-2014/106

ATTACHMENTS: PLANS AND ELEVATIONS

DATE: 5 NOV 2014

RECOMMENDATION: DEFERRED COMMENCEMENT APPROVAL

LOCATION: 20 TULIP STREET, CHATSWOOD NSW 2067.

APPLICANT: DR SHUQUAN LIU

OWNER: R LIU

PROPOSAL: ALTERATIONS AND ADDITIONS TO DWELLING (LISTED HERITAGE ITEM), INCLUDING DEMOLITION OF GARAGE, CONSTRUCTION OF NEW DOUBLE GARAGE OFF IRIS LANE AND ATTACHED SECONDARY DWELLING. REMOVAL OF ELEVEN (11) TREES.

DATE OF LODGEMENT: 17 MAR 2014

VALID APPLICATION DATE: 28 MAY 2014 – AMENDED PLANS SUBMITTED

REPORTING OFFICER: LELAND SANCHEZ (DEVELOPMENT PLANNER)

RESPONSIBLE OFFICER: IAN ARNOTT (DEVELOPMENT PLANNING MANAGER)

DESCRIPTION OF PROPOSAL

The application proposes alterations and additions to the existing dwelling, which is a listed heritage item (of local significance) under Willoughby LEP 2012, and related works. The specific works are as follows: Demolition Demolition of the single vehicle fibro garage. The building is located off Iris Lane. The building has a pitched roof with terracotta tiles. Demolition of the brick laundry building, located between the dwelling and the fibro garage, off Iris Lane. To existing dwelling house: Construction of additional floor area at 1st floor level in the roof space, comprising a library room, an “antechamber” and a bathroom. Four skylights are proposed. The existing roof form remains unchanged.


20 Tulip Street, CHATSWOOD NSW 2067. (Cont.) (Ward: West)

Re-allocation of some room uses at ground floor level, including removal of an existing second kitchen and provision of an additional bedroom (bedroom 3); Fit out of an additional bathroom. Conversion of an attached (outside accessible only) WC to an ensuite for bedroom 2; and refurbishment of an existing bathroom Repair and replacement of damaged and dilapidated external fabric. (This is detailed in the comments below by Council’s Heritage Architect). Proposed secondary dwelling and double garage Construction of a single bedroom secondary dwelling as a freestanding building i.e. not attached to the principal dwelling, but attached to the proposed double garage. The building is single storey, rectangular shaped, with brick walls and a pitched roof, with hip ends. The proposed roof material is slate, which is the same as the roof on the principal dwelling. Tree removal and other external and garden changes Eleven trees are proposed to be removed, three of which are fruit trees. The remaining eight trees are a Paper Bark, Liquid Amber, Hinoki Cypress, Coral Tree, a Tea Tree and 3 Date Palms (these are grouped closely to each other and considered as a single tree in the submitted arborist report ). A paved area is proposed between the proposed secondary dwelling/double garage and the principal dwelling, extending as far as the boundary with Iris Lane. A wide (5.6 metres) sliding gate is proposed as the boundary security “fence” along this part of the site, with the gate sliding behind a proposed new high hedge along part of the Iris Lane boundary. The application is referred to Council for determination, as the proposed works, in regard to a listed heritage item, are outside the current delegations to staff to determine applications (“major alterations or additions (to) a Heritage Item”).

Neighbour Notification The application was notified in accordance with part B of the WDCP, from 21 March to 3 April 2014. No submissions were received. The amended plans did not warrant re-notification of the application.

Existing Building, Relevant History and Site Context The part single storey, part two storey dwelling is a listed heritage item (LHI) of local significance under Schedule 5 of WLEP 2012. The listing is in regard to the “house (including original interiors)”. The heritage significance is further explained in the comments below by Council’s heritage architect. The square shaped property is located on the southern side of the western end of Tulip Street and also has frontage to Anderson Street and Iris Lane. A single vehicle fibro garage stands in the south-eastern corner of the site, off Iris Lane. The fibro garage is proposed to be demolished, as outlined above under Description of Proposal. A small free-standing brick laundry is also located along the Iris Lane frontage (also proposed to be demolished) The grade of the site falls from Anderson Street towards the eastern boundary. There is also a slight fall from Iris Lane towards the north-eastern corner of the property at Tulip Street.



The garden is densely vegetated with medium sized trees and shrubs, particularly along the setbacks to Anderson Street and Tulip Street. At present the garden is overgrown and in need of maintenance.

Controls and Classification Willoughby Local Environmental Plan 2012 Zoning: R2

Conservation area Yes – North Chatswood Conservation Area

Heritage Item Yes – local item under Schedule 5 (house and original interiors)

Bushfire Prone Area No

Flood related planning control No

Willoughby DCP applies

Applicable SEPPs SEPP BASIX;

Draft SEPPs (draft SEPP 65) N/A

Relevant policies and resolutions N/A

i) Developer’s Contribution Plans:

a. S94A: applies b. Applicable rate (%): 1 c. The cost of development: $368,830.00 d. Date of accepted cost of development: 18.3.2014 e. The total contribution payable (subject to Building Price Indexing (Enterprise

Bargaining Agreement)): $3,688.30

Development Statistics

Existing Proposed Standard Compliance

a) Site Area (m2) 1290 no change n/a n/a

proposed secondary dwelling

b) min site area (SEPP Affordable Rental Housing 2009 – cl 22(4)(a)) (m2)

1290 no change 450 yes

WLEP 2012

c) HOB (metres)

existing building – LHI 9.75 no change 8 n/a

proposed secondary dwelling (cl 4.3A(6))

n/a 5.6 5.7 yes

d) Gross Floor Area (m2)

existing building – LHI 303.3 347 516 yes

proposed secondary dwelling (cl 5.4(9))

n/a 59 60 yes

total 303.3 406 516 yes

e) FSR

existing building – LHI (cl 4.4(2))

0.23:1 0.26:1 0.4:1 yes

proposed secondary dwelling n/a 0.31:1 0.4:1 yes

Willoughby DCP

f) BHP

existing building – LHI

eastern side within no change 3.5 and 45 yes



envelope (additions proposed

within existing roof)

degrees from side boundaries

western side (Anderson St) within envelope

no change (additions proposed

within existing roof)

3.5 and 45 degrees from side boundaries

yes


eastern side n/a within envelope

3.5 and 45 degrees from side boundaries

yes

western side (Anderson St) n/a n/a 3.5 and 45 degrees from side boundaries

n/a

g) and setbacks (metres):


front (Tulip St) 11.3 no change consistent with adjoining

n/a

side (east) 17 no change 0.9 n/a

side (west - Anderson St) 2.1 no change 0.9 n/a

rear (Iris Lane) 1.4 no change 4.0 n/a


front (Tulip St) n/a 18.8 consistent with adjoining

satisfactory (1)

side (east) n/a 1.3 0.9 yes

side (west - Anderson St) n/a n/a 0.9 n/a

rear (Iris Lane) (includes proposed double garage)

n/a 1.0 4.0 no, but satisfactory

(2)

h) Landscaped (natural/soft) area (%)

45.8 (591.5 sq m)

43.2 (558.4 sq m)

48.3 (624 sq m)

no (3)

h.1) landscaping within front setback (%) (calculated to Tulip St)

93.5 (477.7 sq m of 510.6 sq

m)

86.8 (443.6 sq m of 510.6 sq

m)

70 (sq m) yes

i) Private open space (m2) > 160 > 237 150 yes

j) Parking and access 1 2 2 yes

Heritage controls


(k) Scale - storeys part 1/part 2 no change 1 (2nd storey within roof form acceptable)

n/a

l) Roof form (refer comments by Council’s heri-tage architect)

no change Simple, mainly hipped, with some gabled forms

n/a

m) Facade (refer comments by Council’s heri-

no change. symmetrical or asym-metrical,



tage architect) generally stepped massing, incorporating porch or verandah

n) Building envelope

roof pitch:

LHI 30 no change roof pitch: 25 – 30 degrees;

n/a

secondary dwelling n/a 30 roof pitch: 25 – 30 degrees;

yes

ridge height: 9.2 no change 6 – 6.5 metres from floor level

n/a

eaves height (metres) (LHI) 3.5 no change 3.6 metres from floor level

n/a

o) Materials

walls

LHI no change red-brown monotone smooth face brick; stone to base course

secondary dwelling n/a brick to match LHI

red-brown monotone smooth face brick; stone to base course

yes but also addressed by

condition

roof

LHI slate no change unglazed terracotta Marseilles tiles; slate

n/a

secondary dwelling n/a slate unglazed terracotta Marseilles tiles; slate

yes

windows and doors

LHI timber casement

timber casement or sash windows, some leadlight; timber glazed and panelled entry doors

secondary dwelling n/a timber and timber satisfactory



aluminium casement style

casement or sash windows, some leadlight; timber glazed and panelled entry doors

car parking

LHI 1 (existing single garage, to be demolished)

2 (double garage)

2 spaces. Rear lane accessed garaging or carports to side of dwelling

yes

secondary dwelling n/a none none n/a

landscaping varied range of trees and shrubs. Garden generally in an overgrown and unmaintained state.

tree removal as detailed. Replacement planting not proposed.

mature well vegetated front garden, with exotic shrubs and trees

yes (4)

p) front fence Anderson St and part of Tulip St frontage: carved stone with decorative columns and decorative metal inserts. Timber lapped and capped fence to Tulip St frontage (in front of garden area)

no change to Anderson or Tulip St frontages; hedge and sliding gate to Iris Lane

low unpainted masonry or timber picket, palisade or timber and wire

yes (5)

(1) Discussed in Assessment section (2) Discussed in Assessment section (3) Discussed in Assessment section. (4) Existing fencing along part of the Tulip St frontage is discussed in the Assessment

section.

Compliance with Plans or Policies The proposed secondary dwelling complies with the relevant SEPP Affordable Rental Housing controls and the Willoughby DCP controls. While there are non-compliances with some of the WLEP 2012 and WDCP controls in regard to the heritage dwelling and its setting, these reflect the heritage context which applies to the site and take precedence over the existing non-compliances (such as building height and soft landscaped area).



Referrals Building Services – Recommends standard conditions. Development Engineer - Recommends standard conditions. Open Space/Landscaping - The Arborist’s and Heritage Reports are noted. Several trees are indicated for removal on the proposed pans. The reports note removal of the trees as either not significant to the heritage of the site or required to be removed to protect the structure of the dwelling. No objections are made in relation to the proposed tree removals and reconstruction of the gardens on the site, subject to conditions as recommended. Heritage Architect - (memo dated 28 April 2014): The subject site is located within the North Chatswood Conservation Area. The property named “Wyckliffe” at 20 Tulip Street, Chatswood is listed as a heritage item of local significance under WLEP 2012. Wyckliffe is located on the corner of Anderson Street and Tulip Street, a prominent corner in North Chatswood. The house is well detailed with a turret on the north-eastern corner and a voluminous slate roof denoting a sizable house, giving Wyckliffe a landmark presence in the area. The sandstone and cast iron fences on both main street boundaries and the sandstone gate posts establish the prominence and importance of the house in the locality. The materials used include slate to the roof, leadlight glazing to the front door and side lights, tuckpointing to all external brick walls (except to the rear lane). The majority of the main rooms of the house including the hall have original ornate ceilings and deep cornices, and original joinery including fireplace surrounds. The Statement of Significance for the property is outlined below:

Wyckliffe has local architectural significance as an excellent example of a large Federation house with fine quality exterior materials, detailing and form, largely intact and notable interiors, and important remnants of 1900 era site development in a prominent location. The integral landscape of 20 Tulip Street, Chatswood holds cultural value at a local level for its retention of key components of original layout and fabric associated with the construction of Wyckliffe as an outstanding and early Federation period residence within the local area. The intactness of the house and setting components – including the house exteriors, boundary walls and fencing, hedging, gates and path layout – adds to the local townscape character by enriching its aesthetic quality.

As an example of a surviving Federation era development, 20 Tulip Street has significance for its ability to demonstrate an important historical phase of Chatswood’s urban expansion. In its surviving early built and planted fabric it has direct associations with the notable prospector and discoverer of gold in Western Australia, William Ford, and retains the potential to reveal evidence of ways of life and building that have now changed or disappeared.

OUTLINE OF PROPOSED WORKS



The proposal is for minor alterations and additions to the existing dwelling and construction of a secondary dwelling in the side garden towards the rear of the property. The main body of the house is to be retained with some alterations at the centre and rear of the house and some additional accommodation constructed in the roof-space. Further additions are to be contained in a separate outbuilding, a ‘garden pavilion’ located to the side of the house, with a new garage in the area of the existing garage and accommodation further forward. The work includes:

Demolition of the linen cupboard to form a new door to Bedroom 3. Retaining the original door and adding another door at the rear to the ensuite.

Demolition of some internal walls on the ground floor at the rear of the dwelling to form an additional bedroom, construction of a second bathroom within the rear hall inside the west entrance from Anderson Street, and construction of a new ensuite in the east end of the rear hall, with extension into the external WC area.

Construction of a new library, bathroom and anteroom on upper floor of the main house inside the roof space and addition of skylights on the east and south roof planes to provide natural light and ventilation.

Demolition of the existing external laundry and garage, and construction of a new garden pavilion with a new family room, guest room, bathroom, laundry and kitchen, and double garage.

Addition of new paving connecting main house and new ‘garden pavilion’.

Construction of new paving, vehicular gates and hedge at the rear.

New openable grille or mesh barrier to arched opening in sandstone base of verandah at north-east corner.

Conservation and repair work proposed to be carried out to the external elevations as part of this development includes:

Painting the outer 250mm perimeter of the verandah boards for weather protection.

Removal of paint from tuck-pointed brickwork wall at rear of east side verandah.

Repair of cracking above and below windows of the house.

Repair of the lead-light glazing to the top-lights to the front windows of the north-west room.

ASSESSMENT The design of the internal alteration to the main house generally retains the intactness of the main areas of the dwelling with most alterations located in less significant and rear areas. Except for the demolition of the original door between the dining room and kitchen (see condition below), the works are considered minor or reversible. The walls of the existing w.c. are proposed to be extended and a new roof constructed at a higher level for the addition of an ensuite. The work is to the rear and not to significant fabric. A second bathroom is proposed to be located within the west end of the rear hall, adjacent to the western doors. The doors are proposed to be retained, and a light framed wall constructed inside the door to form the wall of proposed bathroom. (See condition below) New sections of interior walls are proposed to be constructed in the two bedrooms at the rear of the house to block existing doors, and the existing rear door to the exterior in the new bedroom is proposed to be blocked off with brickwork to match the adjacent wall. As this



work is in a rear less significant area of the house, these minor additions are acceptable in heritage terms. A new library, bathroom and anteroom is proposed to be constructed within the ceiling space. There are no visible external alterations except for the addition of skylights on the east and south roof planes to light and ventilate these spaces. One skylight is proposed to the roof above the main stairwell which will be hidden from view by the turret on the north east of the house. Two further skylights to the library are to be located on the east side plane of the roof to the rear of this roof plane and will be hidden from view from the street by the side gable end. Another skylight to light and ventilate the in-roof bathroom will be located on a small section of rear facing roof plane and will not be visible from Tulip or Anderson Streets. The form and scale of the new secondary dwelling is generally subordinate to the main house, allowing Wyckcliffe to remain dominant in the streetscape and retain its garden setting as viewed from the main surrounding streets and the conservation area. (See conditions below.) The hipped roof form of the proposed Garden Pavilion (containing a separate dwelling and double garage) in the rear of the east garden, matches the slope of the main roof of the house but is a simpler roof form than that of the main house. (See conditions below.) The traditional materials chosen for the Garden Pavilion are in keeping with the materials of the main house Wyckcliffe, with the walls matching the bricks of the main elevations of the house and slate to the roof, to match the slate roof of the main house. The removal of paint from two previously painted external walls (originally un-painted tuck-pointed face brickwork) is proposed in order to restore the original appearance of the east elevation of the main house. This is considered a positive heritage outcome. Generally the proposal (including the amended plans, submitted in response to several required changes identified by Council’s heritage architect) is, therefore, acceptable from a heritage viewpoint with the following recommendations and standard conditions: (i) The original kitchen door and architrave should be stored on site for restoration at a

future date. (condition 36 – Schedule 2) (ii) All walls and the floor of the proposed ground floor bathroom in the rear (west side) hall

should be lightweight construction such that it can be reversible in the future. (condition 27 – Schedule 2)

(iii) Plumbing and waste pipes for the proposed first floor bathroom should not impact on

significant fabric such as decorative ceilings and cornices. If necessary, the floor of the bathroom and adjacent room should be raised to accommodate horizontal plumbing and wast pipes. (condition 28 – Schedule 2)

and the standard condition regarding external finishes.

Matters for Consideration Under S.79C EP&A Act Satisfactory Unsatisfactory Not Relevant N/A

(a)(i) The provisions of any environmental planning instrument (EPI)

State Environmental Planning Policies (SEPP)

Regional Environmental Plans (REP) N/A




Local Environmental Plans (LEP)

(a)(ii) The provision of any draft environmental planning instrument (EPI)

Draft State Environmental Planning Policies (SEPP) N/A

Draft Regional Environmental Plans (REP) N/A

Draft Local Environmental Plans (LEP) N/A

(a)(iii) Any development control plans

Development control plans (DCPs)

(a)(iv) Any matters prescribed by the regulations

Clause 92 EP&A Regulation-Demolition

Clause 93 EP&A Regulation-Fire Safety Considerations

Clause 94 EP&A Regulation-Fire Upgrade of Existing Buildings

(b) The likely impacts of the development

Context & setting

Access, transport & traffic, parking

Servicing, loading/unloading N/A

Public domain

Utilities

Heritage

Privacy

Views N/A

Solar Access

Water and draining

Soils

Air & microclimate

Flora & fauna (discussed in Assessment section)

Waste

Energy (discussed in Assessment section and addressed by condition 1(c) of Schedule 1)

Noise & vibration

Natural hazards N/A

Safety, security crime prevention

Social impact in the locality N/A

Economic impact in the locality N/A

Site design and internal design

Construction

Cumulative impacts

(c) The suitability of the site for the development

Does the proposal fit in the locality?

Are the site attributes conducive to this development?

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

Public submissions N/A

Submissions from public authorities N/A

(e) The public interest




Federal, State and Local Government interests and Community interests

Assessment General comments The proposed works to the listed heritage item, comprising the alterations and additions and the maintenance works, together with the proposed secondary dwelling/double garage and associated tree removal are all assessed as satisfactory, subject to some minor changes. The design approach suitably locates the proposed secondary dwelling in the part of the site which minimises the impact of the building on the curtilage of the heritage building while still providing a good spatial relationship between the two buildings and, furthermore, providing reasonable quality open space and shared recreation areas for the residents of the two dwellings. The proposed works will assist with the long term maintenance and financial viability of the heritage item. The application is supported and recommended for approval, but on a deferred commencement consent basis, because of several minor matters, which are set out in the following sub-sections. Setback to Tulip St The orientation, garden setting and overall large site area are defining characteristics of the listed heritage item. The building’s setback from Tulip St is not consistent with the dwellings to the east, but this is not important, as the defining characteristics of the building’s curtilage are the matters which provide some of the character of the heritage item. In this regard, the location of the proposed secondary dwelling well away from Tulip St is supported, as the proposed building does not intrude upon the garden setting of the heritage item. Setback to Iris Lane and Adjoining Property (18 Tulip St) The WDCP’s 4 metre rear setback cannot apply in the case of the subject site, given that the property has three street frontages and that the adjoining 18 Tulip St has a garage along the common boundary with the subject site, which is characteristic of the rear lane (Iris Lane) setting. The proposed setback of the secondary dwelling/double garage (1.3 metres) from the side boundary with 18 Tulip Street is satisfactory. The use of this side setback area for landscaping and possibly a clothes line for the secondary dwelling is discussed elsewhere in this report. Tree removal, replacement planting and soft landscaped area non-compliance The soft landscaped area shortfall equates to 65.6 square metres. The application does not recognise this, as it has included proposed pervious i.e. absorptive paved area in the soft landscaping area calculation, contrary to the definition of “soft landscaped area” in the WDCP. The soft landscaped area shortfall could be reduced by 23.1 square metres, as the narrow 1.3 metres wide and 17 metres long strip between the proposed secondary dwelling/double garage and the eastern boundary is available for suitable planting. This is required in condition 2 (iii) of Schedule 1. As the proposed development includes works to re-establish the currently overgrown garden, the landscaped setting of the site will be improved over the current situation. In this regard, the shortfall in soft landscaped area based on the WDCP’s control, should be ignored.



The group of trees located near the Tulip St boundary and the northern part of the main garden area (comprising the Paper Bark, the Liquid Amber, the Hinoki Cypress and the three Date Palms), comprise a dense vegetation cluster. While this adds character to the site and the adjoining footpath area of Tulip St, its current overgrown state is not aesthetic, with the trees too closely located to each other to be able to be appreciated and therefore lacking individual settings. Council’s Open Space section has not raised any objection to their proposed removal. The Open Space section has also not raised any objection to the proposed removal of the large single Coral Tree located on the eastern side of the principal dwelling and required to be removed to create a paved area between the principal dwelling and the proposed secondary dwelling/double garage. The submitted Arborist report accompanying the application identifies that the Coral Tree is too close to the principal dwelling (at 1.5 metres), such that it has compromised the porch wall, adjacent pavement has been displaced and the canopy is poorly configured, due to poor pruning (lopping) in the past. The Tea Tree located at the south-western corner of the site (near the corner of Iris lane and Anderson St) is recommended for removal in the submitted arborist’s report due to its trunk being too close to the sandstone wall of the dwelling (250mm away), having a defective fork in the lower trunk making the tree vulnerable to failure and lastly, some of the canopy is “in conflict” with the roof gutter. From the street, only the upper part of the tree is visible due to the size and overgrown nature of the adjoining Olive hedge. The visible part of the tree however, is attractive, with the southern part of the principal dwelling acting as an attractive backdrop. The submitted landscape plan identifies 16 landscaping elements which are to remain, but it does not identify whether these are small trees or shrubs. Similarly, the submitted arborist report does not identify these remaining items. Some are Camellias along the Anderson St frontage. The removal of the group of trees discussed in the first paragraph of this section will create a large open area, fronting Tulip St and the eastern side boundary. While this layout is suitable, sufficient landscaping information relating to the proposed garden is missing and condition 2 of Schedule 1 of the recommended deferred commencement consent requires the submission of an adequately documented landscaping plan, prepared by a professionally qualified landscaper. The landscaping plan must address:

the species and mature sizes of the 13 remaining trees and shrubs;

replacement planting for the garden area fronting Tulip Street for privacy purposes. Proposed changes to External WC No objection is raised to the proposed re-orientation of the WC to become part of the bathroom adjoining bedroom 2. An existing window, however, in the east elevation wall has been overlooked in regard to the adjusted roof height of the proposed external WC works. Council wrote to the applicant on 30 Sept 14 seeking plan clarification in regard to the window but no response has been received at the time of preparing this report. The matter is included in Schedule 1 as requiring resolution, prior to the issue of a standard development consent. Laundry facilities for both dwellings A laundry is proposed in the secondary dwelling but the provision of a laundry for the existing heritage item, from a notation on the plans, is unclear. Proposed condition 1(a) of Schedule 1 requires clarification in this regard. Building Services section has advised that under part 3.8.3 of the BCA, a laundry is required for a class 1 building. Both the heritage item and the secondary dwelling are class 1 buildings and each is required to have its own laundry facility.



BASIX Certificates requirements The submitted plans do not show the matters listed in the two BASIX certificates as required to be shown on the DA plans. This oversight is addressed in proposed condition 1(c) of Schedule 1 of the deferred commencement consent.

CONCLUSION

The proposed development, as amended, is satisfactory and supported. Deferred commencement consent is suitable in this instance, to allow the applicant to address the several generally minor matters requiring resolution, prior to the issue of a standard development consent.

OFFICER’S RECOMMENDATION

That the application be approved and delegated authority be granted to the General Manager is issue the "Deferred Commencement" consent notice subject to the attached conditions, Schedule 1 and Schedule 2.

SCHEDULE 1

CONDITIONS OF CONSENT DEFERRED COMMENCEMENT

In accordance with Section 80(3) of the Act this consent will not operate until the applicant has provided information to the satisfaction of the Council that the following conditions can be complied with. Upon receipt of written information from the applicant in relation to the conditions in this schedule the Council will advise in writing whether the information is satisfactory and, if so, will nominate the effective date for the commencement of this consent. In accordance with Clause 95(3) of the Regulation, a twelve (12) month period is given from the date of the ‘deferred commencement’ notice to lodge plans and evidence that satisfactorily address the required amendments/detail. If not, then the ‘deferred commencement’ will lapse and a new development application will be required. (Reason: Ensure compliance) The proposal is to be amended as follows:

1. Architectural

a) A laundry is to be provided within the principal dwelling, to ensure compliance with part 3.8.3 of the BCA.

b) The existing and proposed height of the WC and its roof against the adjoining eastern elevation are to be shown, taking into account the existing window and decorative brickwork. If the window opening cannot be retained, the decorative brickwork is to be retained, as a record of the previous presence of the window.

c) All the matters listed in the two BASIX certificates under the heading “Show on DA plans” are to be shown on the amended plans.



d) Provision of an outdoor clothes drying facility, in accordance with the Willoughby DCP, i.e. not forward of the building line or within the setback from either Tulip Street or Anderson St.

2. Landscaping a) An amended landscaping plan, prepared by a suitably qualified person, is

to be submitted, showing the following matters: i. Identification of all the trees and shrubs within the site not approved to be removed.

This is to include mature height and accurate depiction of the canopy spread. ii. Provision of replacement planting of trees and shrubs, to provide suitable screening

for privacy for the main garden area from view from Tulip Street. The replacement tree planting is to provide a suitable sized tree somewhere within the property, for the removal of the Tea Tree in the Anderson St setback.

iii. Provision of suitable low scale landscaping, including ground cover(s), in the narrow setback between the secondary dwelling/proposed garage and the eastern side boundary.

iv. The timber lapped and capped fence along part of the Tulip St frontage is to be removed and replaced with one of the following fence types, identified in part H.3.11 of the Willoughby DCP as being in character with the North Chatswood Conservation Area: timber or steel picket or palisade. The height of the replacement fence is to match the height of the existing fencing.



CONDITIONS – DELEGATED/WARD REPORT DA-2014/106 - 20 Tulip Street, CHATSWOOD NSW 2067.

SCHEDULE 2

Conditions of Consent: (Including reasons for such conditions) CONSENT IDENTIFICATION The following condition provides information on what forms part of the Consent. 1. Approved Plan/Details

The development must be in accordance with the following plans:

Type Plan No. Revision/ Issue

No

Plan Date (as

Amended)

Date Stamped by

Council

Prepared by

survey 131116 A 25.11.13 17.3.14 geosurv

architectural DA-P01 F 23.5.14 28.5.14 EDGE Design Group


architectural DA-P03 D 23.5.14 28.5.14 EDGE Design Group


architectural DA-P07 E 6.3.14 17.3.14 EDGE Design Group

architectural DA-E01 E 28.5.14 28.5.14 EDGE Design Group

architectural DA-E02 F 28.5.14 28.5.14 EDGE Design Group

architectural DA-E03 E 28.5.14 28.5.14 EDGE Design Group

architectural DA-E04 F 28.5.14 28.5.14 EDGE Design Group

landscape DA-P04 F 23.5.14 28.5.14 EDGE Design Group

landscape DA-P05 E 6.3.14 17.3.14 EDGE Design Group

driveway long-

section

DA-S01 C 30.6.14 6.8.14 EDGE Design Group

the application form and any other supporting documentation submitted as part of the application, except for: a) any modifications which are “Exempt Development” as defined under S76(2) of the Environmental Planning and Assessment Act 1979; b) otherwise provided by the conditions of this consent. (Reason: Information and ensure compliance)



PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE The following conditions of consent must be complied with prior to the issue of a construction certificate. 2. Section 94A Contributions

A monetary contribution of $3,688.30 (subject to indexing as outlined below) is to be paid in accordance with Section 94A of the Environmental Planning and Assessment Act, 1979. This contribution is based on 1% of the estimated development cost of $ 368,830.00at 18.3.2014 and the adopted Section 94A Contributions Plan. To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Building Price Index (Enterprise Bargaining Agreement) [BPI(EBA)] between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan. To calculate the indexed levy, the formula used to determine the cash contribution is set out below. NL = $Lo + $Lo x [current index – base index]

base index Where: NL is the new section 94A levy Lo is the original levy Current index [BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works available at the time of review of the contribution rate

Base index [BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works at the date of the proposed cost of development as above

In the event that the current BPI(EBA) is less than the previous BPI(EBA), the current BPI(EBA) shall be taken as not less than the previous BPI(EBA). Prior to payment Council can provide the value of the indexed levy. Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au (Reason: Statutory requirement)



3. Sydney Water ‘Quick Check’ Certificate

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met. Plans will be appropriately stamped and the Principal certifying authority must ensure the plans are stamped by Sydney Water prior to release of the Construction Certificate. (Reason: Ensure compliance)

4. External Finishes – Heritage Character

All external building material shall be in colours and textures, which are compatible with the heritage character of the locality. In this regard, the Schedule of Colours and Finishes submitted with the application satisfies this requirement, subject to a dark tone mortar, matching the brick colour as closely as possible, being used for the brickwork of the secondary dwelling. (Reason: Visual amenity)

5. Damage Deposit

The applicant shall lodge a Damage Deposit of $3,500 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $66 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. (Reason: Protection of public asset)

6. Stormwater Conveyed to Street Drainage

Stormwater runoff from the site shall be collected and conveyed to the street drainage system in accordance with Council’s specifications. Any new drainage pipe connections to street kerb shall be made using a 125mm x 75mm x 4mm thick galvanised Rectangular Hollow Section (RHS) with a grated drainage pit (min. 600mm x 600mm) provided within the property and adjacent to the boundary prior to discharging to the Council’s drainage system. All drainage works shall comply with the requirements described in Part C.5 of Council’s DCP and Technical Standards. In this regard, full design and construction details showing the method of disposal of surface and roof water from the site shall be shown on the Construction Certificate plans. (Reason: Stormwater control)



PRIOR TO COMMENCEMENT

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site, including demolition. 7. Licensee Details

The name, address and contractor licence number of the licensee who has contracted to carry out the work or the name and permit number of the owner-builder who intends to carry out the work shall be furnished in writing to the Principal Certifying Authority. NB: Should changes be made for the carrying out of the work the Principal Certifying Authority must be immediately informed. (Reason: Information)

8. Report Existing Damages on Council’s Property

Prior to commencement of any works on site, the applicant shall notify Council in writing with digital photographs of any existing damages to Council’s assets fronting the property and the immediate adjoining properties. Failure to do so will result in the applicant being liable for any construction related damages to these assets. In this respect, the damage deposit lodged by the applicant may be used by Council to repair such damages. (Reasons: Protection of Council’s Infrastructure)

9. Permits and Approvals Required

Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:- a) Permit to erect Builder's hoarding where buildings are to be erected or

demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.

b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval. It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.



c) Permit to open public roads, including footpaths, nature strip, vehicular

crossing or for any purpose whatsoever. All applications are to include current fees.

d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).

e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).

f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.

g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.

(Reason: Legal requirements) 10. Application for Vehicle crossing

Submit an application with fees to Council for the construction of a plain concrete vehicular crossing. (Reason: Protection of public asset)

DURING DEMOLITION, EXCAVATION AND CONSTRUCTION

The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction. 11. Hours of Work

All construction/demolition work relating to this Development Consent within the City must be carried out only between the hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays. An application under Section 96 of the Environmental Planning and Assessment Act for a variation to these approved hours must be lodged with Council at least 3 working days in advance of the proposed work. The application must include a statement regarding the reasons for the variation sought and must be accompanied by the required fee. Note: This S96 application may require re-notification in some circumstances. (Reason: Ensure compliance and amenity)



12. Construction Information Sign

A clearly visible all weather sign is required to be erected in a prominent position on the site detailing: (a) that unauthorised entry to the work site is prohibited; (b) the excavator’s and / or the demolisher’s and / or the builder's name; (c) contact phone number/after hours emergency number; (d) licence number; (e) approved hours of site work; and (f) name, address and contact phone number of the Principal Certifying Authority

(if other than Council) ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED. Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building. (Reason: Ensure compliance)

13. Demolition Work AS 2601

Demolition works being carried out in accordance with the requirements of AS 2601 "The demolition of structures". (Reason: Safety)

14. Asbestos Disposal

All asbestos laden waste, including bonded or friable asbestos must be disposed of at a waste disposal site approved by the NSW Department of Environment, Climate Change and Water. Upon completion of the asbestos removal and disposal the applicant must furnish the Principal Certifying Authority with a copy of all receipts issued by the waste disposal site as evidence of proper disposal. (Reason: Environmental protection/Public health and safety)

15. Road and Footpath

Council's footpath, nature strip or roadway not being damaged and shall be kept clear at all times. (Reason: Maintain public safety)

16. No Storage on Foot/Roadway

Building materials, plant and equipment and builder’s waste, are not to be placed or stored at any time on Council’s footpath, nature strip or roadway adjacent to building sites unless prior written approval has been granted by Council. (Reason: Safety)



17. Skips and Bins

Rubbish skips or bins are not to be placed on Council’s footpath, nature strip or roadway unless prior written approval has been granted by Council. (Reason: Safety)

18. Excavations and Backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely, and must be properly guarded and protected to prevent them from being dangerous to life or property. (Reason: Safety)

19. Temporary Toilet Facilities

Temporary toilet facilities shall be provided to the satisfaction of the Principal Certifying Authority. The provision of toilet facilities must be completed before any other work is commenced on site. NOTE: Portable toilet facilities are not permitted to be placed on public areas without prior approval having been obtained from Council. (Reason: Health and amenity)

20. Sweep & Clean Pavement

Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council. (Reason: Legal requirement)

21. Street Signs

The applicant is responsible for the protection of all regulatory / parking / street signs fronting the property. Any damaged or missing street signs as a consequence of the development and associated construction works are to be replaced at full cost to the applicant. (Reason: Protection of public assets)

22. Tree Protection

Retain and protect the following trees and vegetation throughout the demolition and construction period: Al trees not recommended for removal in the Arboricultural Assessment and Construction Impact Assessment prepared by NSW Tree Services, report reference EDG 02/14 The above trees must be clearly marked and protection devices in place to prevent soil compaction and machinery damage. Tree roots greater than 50mm diameter are not to be removed unless approved by a qualified Arborist on site. All structures are to bridge roots unless directed by a qualified Arborist on site.



Tree protection measures must comply with the Arboricultural Assessment and Construction Impact Assessment prepared by NSW Tree Services, report reference EDG 02/14 and AS 4970-2009 Protection of trees on development sites. (Reason: Tree Management)

23. Storage of Materials on Council Land Prohibited

The dumping or storage of building materials, spoil, vegetation, green waste, or any other material in the Council reserve is prohibited. (Reason: Safety, environmental protection)

PRIOR TO OCCUPATION OF THE DEVELOPMENT

The following conditions of consent must be complied with prior to the issue of an occupation certificate. 24. Removal of Second Kitchen in Principal Dwelling

The existing second kitchen in the principal dwelling is to be removed. (Reason: Ensure Compliance)

25. Sustainable Development - Final Occupation

The measures proposed to be undertaken in the Sustainability Scorecard submitted as part of the Development Application are to be implemented as part of the development. Should any variation to these measures be proposed, a new scorecard with the amendments highlighted is to be submitted for the Principal Certifiers approval and is required to continue to achieve the relevant mandatory measures and other sustainability measures. (Reason: Environmental sustainability)

26. Automatic Fire Detection

Provision of an automatic fire detection and alarm system complying with Part 3.7.2 of the Housing Provisions or smoke alarms complying with AS 3786 or listed in the SSL Register of Accredited Products, connected to the mains electricity and having a stand by power supply. Smoke alarms must be interconnected and installed in a class 1 building on or near the ceiling in:

a) any storey containing bedrooms

i) between each part of the dwelling containing bedrooms and the remainder of the dwelling.

ii) where the bedrooms are served by a hallway, in the hallway.

b) any other storey not containing bedrooms.

(Reason: Safety) 27. BASIX Certificates

A completion certificate is to be submitted to the Principal Certifying Authority demonstrating the manner in which the measures committed to in the latest BASIX Certificates have been satisfied. (Reason: Environmental sustainability)



28. Lightweight Construction for Possible Future Reversal

The walls and the floor of the proposed ground floor bathroom in the rear (west side) hall should be lightweight construction materials, to allow for the reversal of this work in the future. (Reason: Heritage record)

29. Protection of Heritage Fabric

The plumbing and waste pipes for the first floor bathroom is not to impact on the significant fabric of the building, such as decorative ceilings and cornices. If necessary, the floor of the bathroom and adjacent room are to be raised to accommodate horizontal plumbing and waste pipes. (Reason: Protection of heritage fabric)

30. Removal of Impervious Areas

The impervious areas nominated on the approved plans for removal are to be removed and replaced with soft landscaping. (Reason: Landscape amenity/stormwater absorption)

31. Rainwater Re-use – Minor

The applicant shall supply and install rainwater re-use tanks with a minimum storage volume of 3m3 in accordance with Sydney Water’s requirements and Council’s DCP and Technical Standards. The rainwater reuse tank system shall be connected to supply non-potable use including landscape irrigation and car washing. The rainwater tank shall be located behind the front alignment of the building to which the tank is connected. (Reason: Ensure compliance and conserve natural resources)

32. Splay Corner for Fence

In order to ensure adequate sight distances for pedestrians and traffic in the frontage road, the proposed garage shall be setback 1 metre from the boundary and the boundary fence shall be designed and constructed by a 1m x 1m splay on both sides of the driveway exit. (Reason: Public road users safety)

33. Vehicular Access

Construct a new vehicular access including all associated road restoration as directed by Council’s Engineers. All works shall be carried out in accordance with Council’s specification AUS-SPEC C271 and Council’s Standard Drawing SD105 - Council Vehicular Footpath Crossing and Kerb and Gutter details and the approved longitudinal sections. A separate application for the crossing including current fees and charges is to be submitted for approval by Council. The new access is to be constructed at right angles to the road alignment in plain concrete. The centreline of the new access shall be "in-line" with the centreline of the parking space(s).



For the design levels of the vehicular crossing at the property boundary, the design levels shall be referred to in the approved long sections. The road pavement shall to be adjusted as determined by Council’s Engineers during the pre-construction meeting. The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels. All adjustments to the nature strip, footpath and/or public utilities’ mains and services as a consequence of the development and any associated construction works shall be carried out at the full cost to the Applicant. All driveway grades and transitions must comply with AS/NZS 2890.1. Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate. (Reason: Public amenity)

34. Removal of Redundant Crossings

Remove all redundant crossings together with any necessary works and reinstate the footpath, nature strip and kerb and gutter accordingly. Such work shall be carried out in accordance with Council's specification. Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate. (Reason: Public amenity)

35. Completion of Landscape Works

The approved landscape works are to be consistent with the approved design, completed to a professional standard, consistent with industry best practice and published standards. (Reason: Landscape amenity)

ADDITIONAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation. 36. Use of Principal Dwelling

The principal dwelling is to be used only as a single dwelling i.e. for only one occupation. (Reason: Ensure Compliance)



37. Decorative Lighting

The coachlamps on the cast iron lamp posts are to be limited to only the Iris Lane frontage. (Reason: Heritage record)

38. Retention of Original Fabric

The original kitchen door and architrave are to be stored on site to allow for possible future restoration. (Reason: Heritage record)

39. Stormwater Kerb Outlet

New stormwater connection outlets at street kerb shall be made using 125x75x4 galvanised Rectangular Hollow Section (RHS). Where there are multiple outlets required, a minimum distance of 100mm shall separate these outlets. A grated drainage pit (min. 600mm x 600mm) shall be provided within and adjacent to the property boundary prior to discharging to the Council’s drainage system. (Reason: Protection of public asset)

40. Vehicular Access and Garaging

Driveways and vehicular access ramps shall be designed to provide adequate ground clearance to the underside of B85 vehicles. In all respects, the proposed vehicle access and/or parking spaces shall be designed and constructed to comply with the minimum requirements of AS/NZS 2890.1 and Council’s standard specification. (Reason: Vehicular access)

41. Underground Utility Services

Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works. All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant. (Reason: Protection of utilities)

42. Public Infrastructure Restoration

Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to , delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council. (Reason: Protection of public assets)



43. Trees on Adjoining Properties

No approval is given for the removal or pruning of trees on the nature strip, adjoining reserves, or neighbouring private land. (Reason: Environmental protection)

PRESCRIBED CONDITIONS

The following conditions are prescribed by S80A of the Environmental Planning & Assessment Act for developments involving building work. 44. Compliance with Building Code of Australia

All building works must be carried out in accordance with the performance requirements of the Building Code of Australia. (Reason: Compliance)

STATUTORY REQUIREMENTS

The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants 45. Construction Certificate Required

This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)

46. Notify Council of Intention to Commence Works

In accordance with the provisions of Clause 81A(2) of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Principal Certifying Authority and give at least 2 days’ notice to Council, in writing, of the persons intention to commence the erection of the building. (Reason: Information and ensure compliance)

47. Occupation Certificate

The building/structure or part thereof shall not be occupied or used until an interim occupation / final occupation certificate has been issued in respect of the building or part. (Reason: Safety)

20 Tulip Street, CHATSWOOD NSW 2067.

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Transcript of 20 Tulip Street, CHATSWOOD NSW 2067.