A G E N D A...The site presently contains a single storey dwelling, carport, outbuildings and...

KU-RING-GAI PLANNING PANEL TO BE HELD ON WEDNESDAY, 8 APRIL 2009 AT 5.00PM

LEVEL 3, COUNCIL CHAMBERS 818 Pacific Highway, Gordon

A G E N D A ** ** ** ** ** **

NOTE: For Full Details, See Council’s Website – www.kmc.nsw.gov.au under the link to business papers

APOLOGIES DECLARATIONS OF INTEREST CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING ADDRESSES TO THE PANEL DOCUMENTS CIRCULATED TO THE PANEL CONFIRMATION OF MINUTES

Minutes of Ku-ring-gai Planning Panel File: S06347 Meeting held 25 February 2009 Minutes numbered PP1 to PP6

MINUTES FROM THE CHAIRPERSON PETITIONS

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GENERAL BUSINESS

8 Killeaton Street, St Ives - Demolition of Existing Dwelling & Ancillary Structures & Torrens Title Subdivision of One Lot into Two

1

. File: DA1316/08

GB.1

Ward: St Ives Applicant: Qing Yao Song Owners: Mr Qing Yao Song & Mrs M Feng

In accordance with Planning Circular PS 08-014 (Attachment E), which requires "all development applications where there has been a variation greater than 10% in standards under SEPP 1 to be determined by full council" (or by Ku-ring-gai Planning Panel in Recommendation: Approval.

EXTRA REPORTS CIRCULATED AT MEETING BUSINESS WITHOUT NOTICE - MATTERS OF GREAT URGENCY INSPECTIONS COMMITTEE - SETTING OF TIME, DATE AND RENDEZVOUS

** ** ** ** ** ** ** ** ** ** ** ** **

090408-KPP-Crs-00495.doc\3

Environmental Planning & Assessment Act 1979

(as amended)

Section 79C 1. Matters for consideration - general In determining a development application, a consent authority is to take into consideration

such of the following matters as are of relevance to the development the subject of the development application:

a. The provisions of:

i. any environmental planning instrument, and ii. any draft environmental planning instrument that is or has been placed on public

exhibition and details of which have been notified to the consent authority, and iii. any development control plan, and iv. any matters prescribed by the regulations, 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.

Ku-ring-gai Planning Panel - 8 April 2009 1 / 1 8 Killeaton Street, St IvesItem 1 DA1316/08 23 March 2009

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DEVELOPMENT APPLICATION

SUMMARY SHEET

REPORT TITLE: 8 KILLEATON STREET, ST IVES - DEMOLITION OF EXISTING DWELLING AND ANCILLARY STRUCTURES AND TORRENS TITLE SUBDIVISION OF ONE LOT INTO TWO

WARD: St Ives

DEVELOPMENT APPLICATION NO: 1316/08

SUBJECT LAND: 8 Killeaton Street, St Ives

APPLICANT: Qing Yao Song

OWNER: Mr Qing Yao Song & Mrs M Feng

DESIGNER: Mepstead & Associates Surveyors

PRESENT USE: Residential

ZONING: Residential 2(c)

HERITAGE: No

PERMISSIBLE UNDER: Ku-ring-gai Planning Scheme Ordinance

COUNCIL'S POLICIES APPLICABLE: KPSO, Subdivision Code, DCP 31 - Access, DCP 40 - Waste Management, DCP 43 - Car Parking, DCP 47 - Water Management, DCP 56 - Notification

COMPLIANCE WITH CODES/POLICIES: No (non-compliance with lot frontage)

GOVERNMENT POLICIES APPLICABLE: SEPP 1, SEPP 55, SEPP19 Bushland in urban areas, SREP 20 (Hawkesbury Nepean River), NSW TSC Act 1995

COMPLIANCE WITH GOVERNMENT POLICIES: Yes

DATE LODGED: 23 December 2008

40 DAY PERIOD EXPIRED: 1 February 2009

PROPOSAL: Demolition of existing dwelling and ancillary structures and Torrens title subdivision of one lot into two

RECOMMENDATION: Approval.



DEVELOPMENT APPLICATION NO 1316/08 PREMISES: 8 KILLEATON STREET, ST IVES PROPOSAL: DEMOLITION OF EXISTING DWELLING

AND ANCILLARY STRUCTURES AND TORRENS TITLE SUBDIVISION OF ONE LOT INTO TWO

APPLICANT: QING YAO SONG OWNER: MR QING YAO SONG & MRS M FENG DESIGNER MEPSTEAD & ASSOCIATES SURVEYORS PURPOSE FOR REPORT In accordance with Planning Circular PS 08-014 (Attachment E), which requires "all development applications where there has been a variation greater than 10% in standards under SEPP 1 to be determined by full council" (or by Ku-ring-gai Planning Panel in EXECUTIVE SUMMARY

Issues:

Impact on Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC)

Submissions: No

Land & Environment Court Appeal: N/A Recommendation: Approval

HISTORY

Site history:

The site has been used for residential purposes.

Development application history:

DA0233/04

9 November 2004 Council at its ordinary meeting of 9 November 2004, approved DA0233/04 for demolition of existing dwelling, outbuildings, carport and swimming pool and subdivision of one lot into two at 8 Killeaton Street, St Ives.

25 October 2006 Pursuant to Section 95A of the EPA Act, a 12 month extension to the lapsing of development consent DA0233/04 was approved by Council.

25 October 2009 The consent to DA0233/04 lapsed.

DA1316/08 (Stage 1) – Subject application

24 December 2008 DA1316/08 lodged.



DA1317/08 (Stage 2) 24 December 2008 DA1317/08 lodged for construction of two attached dual occupancy

developments on proposed Torrens title lots under DA1316/08.

23 March 2009 DA1317/08 refused (under delegated authority) due to environmental impacts on Sydney Turpentine Ironbark Forest Endangered Ecological Community, non-compliance with BASIX and non-compliance with Rural Fire Service driveway access requirements.

DA1320/08 (Stage 3) 24 December 2008 DA1320/08 lodged for Torrens title subdivision of attached dual occupancy

development.

12 March 2009 DA1320/08 refused the application could not be supported for reasons outlined above.

THE SITE AND SURROUNDING AREA The site Visual character study category: 1945-68

Easements/rights of way: Site drains into an easement at 10 Killeaton Street (battleaxe property to the rear)

Heritage Item: No

Heritage conservation area: No

In the vicinity of a heritage item: No

Bush fire prone land: Yes (Bushfire prone vegetation buffer)

Endangered species: Yes (Sydney Turpentine Ironbark Forest)

Urban bushland: No

Contaminated land: No

The site is located to the (low) southern side of Killeaton Street, near the T-intersection with Warrimoo Avenue and Carbeen Avenue, St Ives. The site has a frontage of 25.915 metres to Killeaton Street. The eastern and western boundaries are 95.22 metres and 95.52 metres respectively. The total site area is 2,468 metres. The site slopes from the front north-western corner (RL144.71) to the rear south-western corner (RL139.27) at an average gradient of 5.7% (moderately sloping). The site presently contains a single storey dwelling, carport, outbuildings and swimming pool. Vegetation on the site includes remnant Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC) to the rear which connects with STIFEEC vegetation located on adjacent properties. STIFEEC ground cover species occur to the front of the site. The site also contains some exotic plant species.



Surrounding development: Surrounding development includes single and two storey dwelling houses. THE PROPOSAL • Demolition of existing dwelling, carport, outbuildings and swimming pool • Torrens title subdivision into two allotments (proposed as Lot 211 and Lot 212)

Proposed Lot 211 (frontage to Killeaton Street) Lot 211 would have a total area of 932.3sqm, with a frontage of 20.91 metres to Killeaton Street, an eastern side boundary of 46.8 metres and a western side boundary of 42.415 metres. The rear boundary has a length of 21.375 metres. Proposed Lot 212 (battle axe allotment) Lot 212 would have a total area of 1535sqm (1325sqm excluding the access handle located adjacent to the west side boundary of the site). The width of the access handle is 5.005 metres to Killeaton Street. The dimensions of Lot 212 (excluding the handle) include an eastern side boundary of 48.42 metres, a rear (southern) boundary of 25.91 metres and western side boundary of 53.5 metres.

• A drainage easement is proposed from Lot 211 over Lot 212, which then connects into an existing drainage easement at No. 10 Killeaton Street (battle-axe property to the rear of the site.

• A right-of-access is proposed over the handle of Lot 212 benefiting Lot 211. CONSULTATION - COMMUNITY In accordance with Development Control Plan No. 56 Notification, owners of surrounding properties were given notice of the application. In response, no submissions were received. CONSULTATION - WITHIN COUNCIL Engineering Council's Development Engineer, Ross Guerrera, commented on the proposal as follows:

“Stormwater disposal The applicant has submitted a title document showing that the subject property does benefit from a 1 metre wide drainage easement over downstream property(s) which drains to a natural watercourse within Pymble Golf Course. The watercourse is not mapped on Council’s Riparian Map. It is not apparent whether there is a pipe within an easement and if there is one, whether it is in good repair. It is, however, considered appropriate that this



investigation work could be covered by way of conditions prior to issue of the Construction Certificate. The drainage from proposed Lot 211 over Lot 212 is to be constructed at this stage. Site access Under this proposed subdivision, the applicant is also required to construct a paved driveway within the access handle serving the proposed Lots 211 and 212, which would be covered by appropriate conditions. It is considered appropriate that all essential services including the paved driveway are provided at the time of subdivision so that any future developments, particularly the rear allotment, will have proper access to the street and minimise any conflict/dispute between the two property owners should one of the created lot be sold in the future. Furthermore, it is considered that stormwater runoff from the proposed driveway shall be drained to the main drainage system via the on-site detention system of any future dwelling to be constructed. It has been conditioned that the driveway within the access handle has a minimum width of 3.5 metres. Passing opportunities are also to be provided in accordance with AS2890.1 since the length exceeds 30 metres. The driveway crossing shall also be 3.7 metres wide in order to comply with Council’s Specifications. Given the location of the site fronting a trafficable road and at a bend, vehicles are required to leave the site in a forward direction. The location of the new driveway crossing is acceptable given the approx.11 metres setback from the road to the property boundary. This allows for adequate driver visibility and caters for the needs of all users, including pedestrians and cyclist when entering and exiting the site. Recommendation From an engineering perspective, there are no objections to this application.”

Landscaping Council’s Landscape Officer, Stephen Fenn, commented on the proposal as follows:

“Site characteristics The subject site exhibits a fall of approximately 6 metres from its north-eastern (front) corner to its south-western (rear) corner. The greater majority of trees and shrubs within the site are exotic species of generally poor and fair health and of low landscape value. Remnant Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC) that has been planted with exotic understorey trees and shrubs extends across the rear 15 metres of the site and into adjoining properties. STIFEEC groundcover species occur within the front area of the site, mainly beneath the canopies of the 2 Quercus robur (English Oak) and other small trees where regular mowing has not taken place. Weed species are also taking advantage of the absence of mowing.



Tree & vegetation removal & impacts Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC) occurs within the subject site in 2 areas – within the front 9 metres as regenerating groundcover species and within the rear 15 metres as canopy trees and groundcover species. Both these occurrences of onsite STIFEEC constitute constraints to the site‘s development and are to be conserved and protected by 88B covenants (Conditions 36 and 37). Demolition of the rear portion of the dwelling will require the placement of protection fencing 1 metre from the rear portion of the dwelling’s external walls and across the site 15 metres from its rear boundary to protect Tree 171: Syncarpia glomulifera (Turpentine) and the STIFEEC. Stormwater easement The section of the proposed 1 metre wide easement to drain water (C) that crosses to the western boundary of proposed Lot 212 and between proposed Pit 4 and Pit 5 should be moved 4 metres to the south to protect the canopy of Tree 155 and avoid excavation within its root zone (Condition 38). The proposal will require excavation for a 225 mm line and Pit 5 within the tree’s root zone close to the tree’s trunk. Tree 155 is a Pittosporum undulatum (Sweet Pittosporum) located within No. 2 Killeaton Street. Proposed Pit 5 is to be located outside the Restriction on the Use of Land Zone to conserve the area of Sydney Turpentine Ironbark Forest Endangered Ecological Community located at the rear of proposed Lot 212. CONCLUSION This application is supported, subject to conditions.”

CONSULTATION - OUTSIDE COUNCIL Rural Fire Service Under the provisions of section 91 of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development on the basis that a bush safety authority from the Commissioner of the NSW Rural Fire Service is required under the provisions of s.100B of the Rural Fires Act 1997, due to the proposal involving subdivision of bush fire prone land for residential purposes. Accordingly, the development has been referred to the Commissioner of the NSW Rural Fire Service. The Rural Fire Service responded as follows:

“This response is to be deemed a bush fire safety authority as required under section 100B of the Rural Fires Act 1997 and is issued subject to the following numbered conditions: Asset Protection Zone The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent



direct flame contact with a building.

1. At the commencement of building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bushfire Protection 2006 and the Service’s document ‘Standards for asset protection zones’.

Water and utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

2. Water, electricity and gas are to comply with section 4.1.3 of planning for

Bush Fire Protection 2006. Access The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

3. Access to a development comprising more than three dwellings shall

comply with public road access in accordance with section 4.1.3 (1) of Planning for Bushfire Protection 2006.

Landscaping

4. Landscaping to the site is to comply with the principles of Appendix 5 of

planning for Bush Fire Protection 2006.

General advice – Council to note Any further development application for class 1, 2 & 3 buildings as identified by the Building Code of Australia must be subject to separate application under section 79BA of the EPA Act and address the requirements of planning for Bush Fire Protection 2006.”

Rural Fire Service requirements have been applied under Condition 48. STATUTORY PROVISIONS State Environmental Planning Policy No. 1 - Development Standards SEPP 1 provides flexibility in applying development standards and enables a consent authority to vary a standard where strict compliance would be unnecessary, unreasonable or tend to hinder the objectives of the Environmental Planning & Assessment Act, 1979. Where there is a variation to a development standard, the application must be accompanied by a SEPP 1 Objection.



The provisions of Clause 58B(3)(c) under the KPSO state: “(c) in the case of land within Zone No.2(c):

I. as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a

main road or country road – has an area of not loess than 929sqm and also a width not less than 18m at a distance of 12.2m from the street alignment.

II. as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main

road or country road – has an area of not less than 929sqm and also a width not less than 27.4m at a distance of 12.2m from the street alignment.

III. as to a hatchet-shaped (battleaxe) lot – has an area of not less than 1300sqm

exclusive of the access corridor, which access corridor is to have a width of not less than 4.6m.”

Council’s Manager Land Information, Gary Lebens, has advised that Killeaton Street is designated as an existing County Road under the KPSO and therefore the provisions of Clause 58B(3)(c)(ii) of the KPSO apply. The applicant has lodged a SEPP1 objection in relation to the minimum site width requirements for non-hatchet shaped allotments, as Lot 211 would have a site width of 20.91 metres which does not comply with the 27.4 metres requirement under Clause 58B(3)(c)(ii) of the KPSO (23.7% variation to the standard). The applicant submits that strict compliance with the minimum lot width requirements is unreasonable and unnecessary for the following reasons: • The existing site has a frontage of 25.91 metres to Killeaton Street. The subdivision does not

reduce the effective width of the site providing a ‘right of carriageway’ adjacent to the western boundary which benefits both allotments

• The right of carriageway will allow for a single vehicular access point to Killeaton Street for both allotments. Therefore, any new development does not need to establish two separate vehicular crossings.

• Killeaton Street has a wide verge, approximately 11.5 metres, which allows for generous site distances in both directions to view passing traffic, to enable vehicles leaving the site a safe egress onto Killeaton Street. Similarly, the wide verge ensures that drivers travelling along Killeaton Street can easily view vehicles leaving the sites fronting Killeaton Street. This verge also provides additional separation to any proposed residence to minimise adverse impacts from traffic noise.

• The verge on Killeaton Street allows for vehicles to pull over and slow down prior to entering individual premises. Similarly, this verge can be utilised to assist vehicles entering Killeaton Street.

• The proposed lot will have a width of 20.91 metres (with an effective width of 25.91 metres including the right of carriageway), which is considered to be sufficient to provide a dwelling that complies with Council’s DCP38 and the KPSO and will allow for vehicles to enter and leave the site in a forward direction.

• The proposed allotment width is compatible with the existing allotment widths within the immediate vicinity, ranging from approximately 17 metres to 30 metres.



To determine the acceptability of a variation the Land and Environment Court has provided some direction in Winten Property Group v North Sydney Council [2001] NSWLEC 46 and more recently in Wehbe v Pittwater Council [2007] NSWLEC 827. The following is an assessment of the SEPP 1 objection using criteria established in the Land & Environment Court. Whether the planning control in question is a development standard The minimum site width requirement (excluding battle-axe allotments) for sites fronting County Roads, as required by Clause 58B(3)(c)(iii) is a development standard. The underlying objective or purpose behind the development standard There are no objectives listed under Clause 58B of the KSPO or Section 2 of Council’s Subdivision Code. It is assumed that the purpose of the standard (a greater width requirement for sites fronting County Roads) is to provide safe access and manoeuvrability to and from the site in a forward direction. Whether compliance with the development standard is consistent with the aims of the policy and, in particular, whether compliance with the development standard hinders the attainment of the objectives specified in Section 5(A)(i), (ii), (iii) and (iv) of the Environmental Planning and Assessment Act The existing site (frontage of 25.915 metres to Killeaton Street) is unable to comply with the development standard. Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case The proposed subdivision is generally consistent with the pattern and character of subdivision within the locality which includes lots of a similar width to that proposed and battle-axe allotments (refer Diagram A below).

Diagram A: Existing subdivision pattern surrounding 8 Killeaton Street, St Ives



A right-of-carriageway is proposed over the access handle of Lot 212 to provide vehicular access to Lot 211. Council’s Development Engineer, raises no objection to the proposed subdivision and access arrangements, subject to conditions. The proposed subdivision (including right-of-carriageway) adequately allows for vehicles to enter and leave each proposed lot in a forward direction. It is noted that, for lots not fronting County Roads, the minimum width requirement is 18 metres. Given that the access arrangements associated with the two lot subdivision are acceptable, the proposed width of Lot 211 is reasonable and capable of being developed in accordance with the KPSO. A SEPP1 objection to vary Clause 58B(3)(c)(iii) under the KPSO is reasonable in this instance and supported. State Environmental Planning Policy No. 19 – Bushland in Urban Areas SEPP19 applies to the site, and the aims and objectives state: 2 Aims, objectives etc

(1) The general aim of this Policy is to protect and preserve bushland within the urban

areas referred to in Schedule 1 because of:

(a) its value to the community as part of the natural heritage, (b) its aesthetic value, and (c) its value as a recreational, educational and scientific resource.

(2) The specific aims of this policy are:

(a) to protect the remnants of plant communities which were once characteristic of land now within an urban area,

(b) to retain bushland in parcels of a size and configuration which will enable the existing plant and animal communities to survive in the long term,

(c) to protect rare and endangered flora and fauna species, (d) to protect habitats for native flora and fauna, (e) to protect wildlife corridors and vegetation links with other nearby bushland, (f) to protect bushland as a natural stabiliser of the soil surface, (g) to protect bushland for its scenic values, and to retain the unique visual identity

of the landscape, (h) to protect significant geological features, (i) to protect existing landforms, such as natural drainage lines, watercourses and

foreshores, (j) to protect archaeological relics, (k) to protect the recreational potential of bushland, (l) to protect the educational potential of bushland, (m) to maintain bushland in locations which are readily accessible to the community,

and (n) to promote the management of bushland in a manner which protects and

enhances the quality of the bushland and facilitates public enjoyment of the bushland compatible with its conservation.



The proposal would satisfy the general and specific aims and objectives of SEPP19, subject to conditions recommended by Council’s Landscape Officer.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism. The proposed development is considered to achieve the relevant aims under this policy.

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of SEPP 55 require consideration of 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 and further investigation is not warranted in this case.

POLICY PROVISIONS

Ku-ring-gai Planning Scheme Ordinance

Part A: Development standards

Development standard Proposed Complies Site area: 2468m

2

Minimum size allotments under Clause 58(c)(i) of the KPSO (frontage to a street) Site area: 929m

2 (min) for lots with frontage to a County Road

Lot 211: 932.3sqm

YES

Site width: 27.4m (min) at a distance of 12.2m from the street alignment.

Lot 211: 20.91sqm NO 23.7% variation

(SEPP1 objection submitted) Minimum size allotments under Clause 58(c)(i) of the KPSO (battleaxe allotments)

Site area: 1300m2 (min) exclusive

of the access corridor Lot 212: 1535sqm

1325sqm (excluding access handle)

YES

Access corridor to have a width not less than 4.6m

5.005 metres YES

Minimum width requirement

The SEPP1 Objection to vary the minimum site width requirements is supported as previously discussed in this report.

Part B: Aims and objectives for residential zones

The development: (i) maintains the amenity and environmental character of the residential zone; and (ii) allows for residential development compatible with the character of the area. Consequently, the aims of the KPSO have been satisfied.



Ku-ring-gai Subdivision Code

Control Proposed Complies Frontages and dimensions Minimum width 27.43m at a distance of 12.20m from the street alignment

Lot 211: 20.91sqm

NO (refer discussion under SEPP1)

Hatchet shaped allotments Minimum width of joint access corridor 2 x 3.66m = 7.32m (where reciprocal rights-of-wayand cross-easements for services are created over contiguous access corridors)

5m

NO

Council’s Engineer has raised no objection to the access arrangements for proposed lots.

No dwelling shall be permitted across that part of an allotment where the width is less than 18.29m

Minimum width of Lot 211 is 20.91m

YES

Minimum site area with frontage to a street 929sqm

Lot 211: 932.3sqm

YES

Minimum site area Battleaxe 1300sqm

Lot 212: 1535sqm 1325sqm (excluding access

handle)

YES

SECTION 94 CONTRIBUTIONS

The development attracts a section 94 contribution of $39,999.76, which is required to be paid by Condition No 18.

LIKELY IMPACTS

The proposed subdivision does not result in any unreasonable environmental impacts.

SUITABILITY OF THE SITE

The site is suitable for the development.

ANY SUBMISSIONS

No submissions have been received.

PUBLIC INTEREST

The approval of the application is considered to be in the 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. Therefore, it is recommended that the application be approved.



RECOMMENDATION

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 THAT the Ku-ring-gai Planning Panel, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to Clause 58B(3)(c) of the Ku-ring-gai Planning Scheme Ordinance is well founded. The Ku-ring-gai Planning Panel is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case. AND THAT the Ku-ring-gai Planning Panel, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded, grant development consent to DA1316/08 for demolition & Torrens Title subdivision of one lot into two, on land at 8 Killeaton Street, St Ives, for a period of two (2) years from the date of the Notice of Determination subject to the following conditions: CONDITIONS THAT IDENTIFY APPROVED PLANS:

1. Approved architectural plans and documentation

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 3912 SUB1 A Mepstead & Associates Surveyors 5-12-2008

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

CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:

2. Endangered Ecological Community protection fencing

To conserve the Sydney Turpentine Ironbark Forest Endangered Ecological Community at the front of Lot 211, no work shall commence until the area within 9 metres of the front boundary of Lot 211 - east of the existing driveway is fenced off to prevent any activities, storage or the disposal of materials within the fenced Endangered Ecological Community. The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Reason: To protect an existing endangered ecological community during the

demolition phase.



3. Endangered Ecological Community protection fencing excluding structure

To conserve the Sydney Turpentine Ironbark Forest Endangered Ecological Community at the rear of Lot 212, no work shall commence until the area within 15 metres of the rear boundary of Lot 212 excluding the dwelling to be demolished and that area 1 metre outside its external walls shall be fenced off to prevent any activities, storage or the disposal of materials within the fenced Endangered Ecological Community. The fence/s shall be maintained intact until the completion of all demolition work on site.

Reason: To protect an existing endangered ecological community during the

demolition phase.

4. 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.

5. 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.


6. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas. The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason: To preserve and enhance the natural environment.

7. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW



Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason: To preserve and enhance the natural environment.

8. 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 No/Tree/location Radius in metres 155/Pittosporum undulatum (Sweet Pittosporum)/Adjacent to the south-eastern corner of No. 2 Killeaton Street.

5 metres

Reason: To protect existing trees during the demolition phase.

9. Tree protective fencing type galvanised mesh

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

Reason: To protect existing trees during construction phase.

10. Endangered Ecological Community and tree protection signage

Prior to works commencing, endangered ecological community and tree protection signage is to be attached to each endangered ecological community and 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:

endangered ecological community/tree protection zone this fence has been installed to prevent damage to the endangered ecological

community/tree and its growing environment both above and below ground and access is restricted

any encroachment not previously approved within the endangered ecological community/tree protection zone shall be the subject of an ecologist's report

the ecologist's report shall provide proof that no other alternative is available the ecologist's report shall be submitted to the Principal Certifying Authority for

further consultation with Council the name, address, and telephone number of the demolition contractor.

Reason: To protect existing endangered ecological community and trees during

the demolition phase.



11. Endangered Ecological Community and tree fencing inspection

Upon installation of the required protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that endangered ecological community and tree protection measures comply with all relevant conditions.

Reason: To protect an existing endangered ecological community and trees during

the demolition phase.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE:

12. 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.


13. Certification of existing interallotment drainage line

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, certification from a suitably qualified and experienced civil/hydraulic engineer that:

any existing pipes within the interallotment drainage easement system to be

utilised that are not to be reconstructed, are in satisfactory operating condition the existing pipes to be utilised have the hydraulic capacity to carry

uncontrolled post-developed flows from the subject property as far as the approved point of discharge to the public drainage system

Where it is found that existing interallotment pipes do not exist, are in disrepair, or will have insufficient hydraulic capacity to carry additional uncontrolled flows from the approved development, the applicant shall submit full design documentation for an upgraded interallotment drainage system from the subject property to the approved point of discharge to the public drainage system. This design documentation shall be approved by the Principal Certifying Authority, prior to issue of the Construction Certificate.

Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Ku-ring-gai Water Management Development Control Plan No. 47 and AS3500.3 Plumbing and Drainage Code. New pipes within the downstream easement drainage system must be sized to have adequate capacity to carry uncontrolled runoff from the contributing catchment and an associated overland flow path is to be provided in the event of blockage of the line. The following engineering details must be included:



plan view of interallotment system to scale, showing dimensions, location and

reduced levels of all pits, grates, pipe inverts, flushing facilities and exact point of discharge

the contributing catchment calculations and supporting pipe sizing information, longitudinal section showing existing ground levels and proposed pipe invert

levels, grades and flow capacities surrounding survey detail including all trees within 7 metres of the proposed

interallotment drainage system means to preserve the root systems of trees within 7 metres of the drainage

system

Reason: To ensure that satisfactory design of the interallotment drainage in accordance with relevant codes and Australian Standards.

14. 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.

15. Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or future habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that



direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason: To control surface run off and protect the environment.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):

16. Infrastructure restorations fee

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

a) All work or activity taken in furtherance of the development the subject of this

approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b) The applicant, builder, developer or any person acting in reliance on this

approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant

prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d) In consideration of payment of the Infrastructure Restorations Fee, Council will

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

e) In this condition:

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

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by



Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason: To maintain public infrastructure.

17. Driveway and drainage details

Prior to issue of the construction certificate, the applicant must submit, for approval by the Principal Certifying Authority, details in relation to the following:

Design details of the new driveway within the access handle servicing the

proposed Lot 211 and Lot 212 The drainage from proposed Lot 211 over Lot 212 All relevant utility services

The required plans and specifications are to be designed generally in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004, Building Code of Australia and relevant Australian Standards. The drawings must detail existing utility services and trees affected by the works. The design engineering details shall be prepared by a suitable qualified civil engineer,

Reason: To ensure that the services are installed and are suitable for construction

purposes.

18. Section 94 contribution – residential development

A contribution pursuant to section 94 of the Environmental Planning and Assessment Act as specified in Ku-ring-gai Section 94 Contributions Plan 2004-2009 (Amendment 2) for the services detailed in column A and for the amount detailed in Column B is required.

Column A Column B Community facilities $1,668.25 Park acquisition and embellishment works $27,346.52 Park embellishment works $4,034.49 Sports grounds works $5,708.39 Aquatic / leisure centres $337.94 Traffic and transport $476.77 Section 94 Plan administration $427.40 Total contribution is: $39,999.76

The contribution shall be paid to Council prior to the commencement of any development (including demolition) or prior to the issue of a Construction Certificate (whichever comes first). The contributions may vary at the time of payment in accordance with the Contributions Plan to reflect changes in the consumer price index and the housing price index. Prior to payment, you are advised to verify the contribution amount required with Council. Copies of Council’s Contributions Plans can viewed at the Council Chambers at 818 Pacific Highway, Gordon or on Council’s website at www.kmc.nsw.gov.au



Reason: To ensure the provision, extension or augmentation of community

facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of the development.

CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:

19. 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.


20. 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.

21. 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.

22. Demolition, excavation and construction work hours

Demolition, excavation, construction work and deliveries of building material and



equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12.00pm Saturday. No work and no deliveries are to take place on Sundays and public holidays.

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

Where it is necessary for works to occur outside of these hours (i.e. concrete pours and standing of plant), approval for such 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 for 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.

23. 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.

24. 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.

25. 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.

26. 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.


27. 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.



28. 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.

29. 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.

30. 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.

31. Sydney Water Section 73 Compliance Certificate

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




32. Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk(s) of the following, tree(s) shall be severed or injured in the process of any works during the construction period.

Schedule No/Tree/location Radius from trunk 171/Syncarpia glomulifera (Turpentine)/3 metres from the rear of the existing dwelling.

6 metres

Reason: To protect existing trees.

33. Hand excavation

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

Schedule No/Tree/location Radius from trunk 171/Syncarpia glomulifera (Turpentine)/3 metres from the rear of the existing dwelling.

6 metres


34. 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.


35. 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.

36. Protection of an Endangered Ecological Community – Section 88B instrument

Prior to the issue of the issue of the Subdivision Certificate, the Principal 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 areas of land for 9 metres from the front (Killeaton Street) boundary and east of the existing driveway of Lot 211, and for 15 metres from the southern (rear) boundary of Lot 212. The terms shall state that the native vegetation within the areas shall be preserved ensuring the retention in perpetuity, rehabilitation and continued weed management of the Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC):



Any new plantings within the restricted areas shall be from locally occurring

species of the Sydney Turpentine Ironbark Forest Endangered Ecological Community and sourced from local provenance stock.

The area is to be permanently maintained free of all exotic species and native species not indicative of STIFEEC, noxious weeds, environmental weeds and nuisance plants as outlined in Ku-ring-gai Council’s Weed Management Policy dated December 2004.

All weeds are to be removed using bush regeneration techniques to encourage the natural regeneration of native plants.

Excavations, soil level changes or construction works are prohibited within the restricted areas with the exception of stormwater drainage installation by thrust boring method and fence/s as approved by Council.

No imported soil, topsoil, leaf litter or mulch is permitted as they may include nutrients and seeds.

No fertiliser, insecticide or sprayed herbicides are to be used.

Reason: To enhance native vegetation and promote biodiversity.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE:

37. Protection of an Endangered Ecological Community – Section 88B instrument

Prior to the issue of the issue of the Subdivision Certificate, the Principal 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 areas of land for 9 metres from the front (Killeaton Street) boundary and east of the existing driveway of Lot 211, and for 15 metres from the southern (rear) boundary of Lot 212. The terms shall state that the native vegetation within the areas shall be preserved ensuring the retention in perpetuity, rehabilitation and continued weed management of the Sydney Turpentine Ironbark Forest Endangered Ecological Community (STIFEEC):

Any new plantings within the restricted areas shall be from locally occurring

species of the Sydney Turpentine Ironbark Forest Endangered Ecological Community and sourced from local provenance stock.

The area is to be permanently maintained free of all exotic species and native species not indicative of STIFEEC, noxious weeds, environmental weeds and nuisance plants as outlined in Ku-ring-gai Council’s Weed Management Policy dated December 2004.

All weeds are to be removed using bush regeneration techniques to encourage the natural regeneration of native plants.

Excavations, soil level changes or construction works are prohibited within the restricted areas with the exception of stormwater drainage installation by thrust boring method and fence/s as approved by Council.

No imported soil, topsoil, leaf litter or mulch is permitted as they may include nutrients and seeds.

No fertiliser, insecticide or sprayed herbicides are to be used.



Reason: To enhance native vegetation and promote biodiversity.

38. Amendment to stormwater drainage easement

Prior to the issue of the issue of the Subdivision Certificate, the Principal Certifying Authority is to be provided with evidence that the section of the 1 metre wide easement to drain water (C) that crosses to the western boundary of proposed Lot 212 between Pit 4 and Pit 5 is repositioned 4 metres to the south outside the canopy of Tree 155: Pittosporum undulatum (Sweet Pittosporum) located within No. 2 Killeaton Street; to protect its canopy from damage and to avoid excavation within its root zone. Pit 5 is to be located outside the 15 metre wide Restriction on the Use of Land within Lot 212.

Reason: To protect an existing endangered ecological community and tree/s.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE:

39. Easement drainage line construction

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

Note: At the completion of the interallotment works, the following must be

submitted to the Principal Certifying Authority for approval:

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

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

Reason: To protect the environment.

40. Sydney Water Section 73 Compliance Certificate

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


41. Reinstatement of crossings

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



construction of the new driveway crossing and layback in accordance with the

levels and specifications issued by Council removal of all redundant driveway crossings, pipe crossing and/or kerb

laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

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

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

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

Reason: To protect public infrastructure and the streetscape.

42. Infrastructure repair – subdivision works

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

Reason: To protect public infrastructure

43. Provision of services

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

Reason: Access to public utilities.

44. Submission of 88b instrument

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

Reason: To create all required easements, rights-of-carriageway, positive

covenants, restrictions-on-use or other burdens/benefits as may be required.



45. Submission of plans of subdivision (Torrens title)

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

a) the endorsement fee current a the time of lodgement b) the 88B instrument plus 6 copies c) a copy of the Occupation Certificate issued for DA 1316/08 d) all surveyor’s and/or consulting engineers’ certification(s) required under this

subdivision consent e) The Section 73 (Sydney Water) Compliance Certificate for the subdivision. f) Proof of payment of S94 contribution

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


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

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

Reason: To ensure that all physical structures are fully contained within the

proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF EITHER AN OCCUPATION OR SUBDIVISION CERTIFICATE (WHICH COMES FIRST):

47. Completion of driveway and drainage works

Prior to issue of the subdivision certificate, the following works must be fully completed:

Construction of the new driveway within the access handle servicing the

proposed Lot 211 and Lot 212 The drainage from proposed Lot 211 over Lot 212 is to be constructed.

The completed works are to be approved by Council's Development Engineer prior to release of the linen plan/issue of the subdivision.

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



CONDITIONS TO BE SATISFIED AT ALL TIMES:

48. Rural Fire Service

(a) Asset Protection Zone

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

At the commencement of building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bushfire Protection 2006 and the Service’s document ‘Standards for asset protection zones’.

(b) Water and utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

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

(c) Access

The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

Access to a development comprising more than three dwellings shall comply with public road access in accordance with section 4.1.3 (1) of Planning for Bushfire Protection 2006.

(d) Landscaping

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

R Eveleigh Executive Assessment Officer

C Swanepoel Manager Development Assessment Services

M Miocic Director Development & Regulation



Attachments: A: Locality Map – 2009/039262

B: Zoning Extract – 2009/039262 C: Subdivision Plan – 2009/039244 D: SEPP 1 Objection –2009/039239 E: Planning Circular PS 08-014 – 2009/039228

A G E N D A...The site presently contains a single storey dwelling, carport, outbuildings and...

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