Independent Hearing and Assessment Panel · 2017. 3. 15. · Independent Hearing and Assessment...

Business Paper

Independent Hearing and Assessment Panel

Tuesday, 21 March 2017

6:00pm

Council Chambers,

Level 2, Administration Building

4-20 Eton Street, Sutherland

Independent Hearing and Assessment Panel 21 March 2017

ORDER OF BUSINESS

1. DISCLOSURES OF INTEREST

2. REPORTS FROM OFFICERS

IHAP012-17 Demolition of Existing Structures and Construction of 9 Townhouses with

Associated Landscaping and Front Fence - Burraneer Bay Road, Burraneer

(DA16/0277)


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IHAP012-17 PROPOSAL: DEMOLITION OF EXISTING STRUCTURES AND

CONSTRUCTION OF 9 TOWNHOUSES WITH

ASSOCIATED LANDSCAPING AND FRONT FENCE -

BURRANEER BAY ROAD, BURRANEER

PROPERTY: LOTS 20, 21 & 22 DP 6779 (NOS. 92, 94 & 96)

BURRANEER BAY ROAD, BURRANEER

APPLICANT: TIPTELL PTY LTD

FILE NUMBER: DA16/0277

Attachments: Appendix A, Appendix B and Appendix C

REASON FOR THE REPORT

This application is referred to the Independent Hearing and Assessment Panel (IHAP) at the request

of Councillors Provan, Forshaw and Simone.

PROPOSAL

The application is for the demolition of existing structures and construction of 9 townhouses with

associated landscaping and front fence at the above property.

THE SITE

The subject site is located on Burraneer Bay Road, between the T intersection to the west with Craig

Street and the intersection with Woolooware Road to the east.

ASSESSMENT OFFICER’S RECOMMENDATION

That Development Application No. 16/0277 for the demolition of existing structures and construction

of 9 townhouses with associated landscaping and front fence at Lot 20 DP 6779, Lot 21 DP 6779,

Lot 22 DP 6779 (Nos. 92, 94 & 96) Burraneer Bay Road, Burraneer be approved, subject to the

conditions contained in Appendix “A” of the report.


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ASSESSMENT OFFICER’S COMMENTARY

DESCRIPTION OF PROPOSAL

The application is for the demolition of existing structures and construction of 9 townhouses (5 x 3

bedrooms and 4 x 4 bedrooms), each with a double garage (18 spaces) and 2 visitor spaces, with

associated landscaping and front fence.

The development is U shaped, with central vehicular access proposed from Burraneer Bay Road.

Pedestrian access is via a pathway to the shared vehicular access. Units 1 to 4 and 6 to 9 are 2 storey

with living areas, kitchens, laundries and W.C.s located on the ground floor. Bedrooms, bathrooms

and ensuites to the master bedrooms are located on the first floor. Units 1, 4, 5 and 9 contain a family

room on the first floor. Each of the 2 storey units include first floor balconies off the master bedrooms.

Units 1 and 9 have a first floor balcony facing the street. Unit 5 is single storey running the length of

the site. It has a recessed courtyard set back from a retained tree. Private open space for all units is

located adjacent to the side and rear boundaries.

The proposal is set back 7.5m from Burraneer Bay Road, 4m from the eastern and western side

boundaries and 4m from the rear boundary.

A site plan is provided below.

Site plan


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SITE DESCRIPTION AND LOCALITY

The site is located at 92, 94 and 96 Burraneer Bay Road, Burraneer and is located approximately

520m south of Kingsway and 280m north of Burraneer Bay. Cronulla CBD is located about 1.2km to

the east of the site.

The site is 36.66m wide and 77.76m long, with an area of 2,850.68m2. It falls approximately 6.5m from

its north western corner to its south eastern corner. It is currently occupied by three single storey

dwellings facing Burraneer Bay Road. Mature vegetation is located both in the road reserve fronting

the site and in the rear generally adjacent to the property boundaries.

The land is located within a low density residential area with a mix of single to two storey dwellings

and some townhouse development within the vicinity. Single storey dwellings are located to the west

and south of the site and a two storey townhouse development is located to the east.

A locality plan and an aerial photo are provided below.

Locality plan Aerial plan

BACKGROUND

A history of the development proposal is as follows:

• A pre-application discussion (PAD13/0005) was held on 20 February 2013 regarding a proposal

for 92 and 94 Burraneer Bay Road under Council’s previous LEP. A formal letter of response

was issued by Council dated 4 March 2013. A full copy of the advice provided to the Applicant is

on the PAD13/0005 file. The main points contained in this letter were tree removal, stormwater

management, built form, fencing and adaptable housing.

• The current application was submitted on 11 March 2016.


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• The application was placed on exhibition three times due to amendments, with the last date for

public submissions being 18 January 2017.

• Referral to the Architectural Review and Assessment Panel (ARAP) was on 14 April 2016.

• Council sent letters to the Applicant on 9 May 2016 and 5 October 2016 requesting design

changes and additional information. The main issues identified in these letters were building

height, overshadowing / solar access / privacy, setbacks and adaptable apartments.

• Council officers met with the architect and town planner on 11 October 2016 to discuss the

proposed amendments in response to Council’s letters and concerns raised in submissions.

• Revised plans were lodged on 11 July 2016, 11 August 2016 and 7 November 2016.

• The revised Landscape Plan, Shadow Diagrams and Traffic Report were lodged on 24 August

2016, 9 November 2016 and 16 November 2016.

ADEQUACY OF APPLICANT’S SUBMISSION

In relation to the Statement of Environmental Effects, plans and other documentation submitted with

the application or after requests from Council, the applicant has provided adequate information to

Council to enable an assessment of this application.

PUBLIC PARTICIPATION

The application was advertised in accordance with the provisions of Chapter 41 of Draft Sutherland

Shire Development Control Plan 2015 (Draft SSDCP 2015).

Council notified 24 adjoining or affected owners of the proposal on 18 March 2016 and 20

submissions were received. Revised plans were renotified on 31 August 2016, with 23 submissions

received, and renotified again on 14 December 2016 where 24 submissions were received.

A full list of the locations of those who made submissions for the notification periods, the dates of their

letters and the issues raised is contained within Appendix “C” of this report.

The relevant issues identified in these submissions are as follows:

Issue 1: Views

Comment: This is discussed in more detail in the assessment section below.

Issue 2: Privacy


Issue 3: Out of character

Comment: The proposal reflects the desired future character of development permissible under

SSLEP 2015 and objectives of the R2 Residential Zone.


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Issue 4: Overdevelopment

Comment: The proposal complies with the development standards and objectives for floor space in

the SSLEP 2015.

Issue 5: Overshadowing & Solar Access


Issue 6: Streetscape

Comment: The proposal reflects the future character of development permissible under SSLEP 2015

and meets the objectives of Section b.1. of Chapter 4 of the Draft SSDCP 2015.

Issue 7: Design / Aesthetics

Comment: The proposed design and aesthetics are appropriate in the residential area and meet the

objectives of the R2 Low Density Residential zone and reflects the future character of development

permissible within the zone.

Issue 8: Height / Bulk / Scale

Comment: The proposal complies with the building height development standard permissible under

SSLEP 2015 and reflects the future character of development permissible within the zone.

Issue 9: Loss of Trees / Vegetation / Landscaping


Issue 10: Drainage / Flooding / Stormwater


Issue 11: Traffic / Carparking

Comment: Traffic generated from the development is acceptable. Car parking provided within the

proposal complies with parking controls within the Draft SSDCP 2015.

Issue 12: Setbacks


Issue 13: Does not comply with Councils DCP / LEP

Comment: The specific concerns were either identified as complying, or are discussed below in the

assessment section of the report.


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Issue 14: Inaccurate Plans / SEE

Comment: The proposal has been amended reducing the original number of proposed dwellings from

10 to 9. The information provided with the revised plans, including the amended Stormwater Drainage

Plan, Survey Plan, is sufficient to allow assessment of the proposal without the need to update the

SEE or other reports, such as the Arborist’s Report. A condition of consent has been included

requiring the Landscape Plan to be amended to reflect the latest architectural changes made in the

current drawings.

Issue 15: Reduced Real Estate Value

Comment: Property value is not a consideration under the Environmental Planning and Assessment

Act 1979 having regard to multi dwelling development.

Issue 16: Waste Management

Comment: Bin storage areas are incorporated within each individual garage and is considered

acceptable.

Issue 17: Safety / Pedestrian Access

Comment: The primary pedestrian access is proposed adjacent to the driveway ramp which is

acceptable and complies with disabled access grades.

Issue 18: Assessment of DA (Precedence)

Comment: The proposal complies with the requirements of the SSLEP 2015 and generally meets the

relevant guidelines in the Draft SSDCP 2015.

Information Session

An Information Session was held on 18 August 2016 and 11 people attended.

Revised Plans

The applicant lodged revised plans on 11 July 2016, 11 August 2016 and 7 November 2016. In

accordance with the requirements of Draft SSDCP 2015 these plans were publicly exhibited in the

same way as the original plans.

Submission Review Panel (SRP)

As a result of the submissions received and the issues raised, the proposal was referred to Council’s

SRP on 11 October 2016 and 15 November 2016. The SRP were of the opinion that privacy, the

stormwater drainage pit and flooding had either been dealt with by the revised stormwater drainage

plans, or could be satisfied as a result of conditions of consent. Solar access concerns were decided

to be relevant and overshadowing concerns were reasonable.


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All other issues raised were decided by the SRP to be non-substantive, irrelevant or unreasonable and

have been addressed individually in this consent. They include views, out of character,

overdevelopment, design/aesthetics, height/bulk/scale, loss of trees/vegetation, traffic/car parking,

setbacks, inaccurate plans, streetscape, reduce real estate value and the easement over adjoining

property at 86-90 Burraneer Bay Road.

STATUTORY CONSIDERATIONS

The subject land is located within Zone R2 Low Density Residential pursuant to the provisions of

Sutherland Shire Local Environmental Plan 2015. The proposed development, being multi dwelling

housing, is a permissible land use within the zone with development consent from Council.

The following Environmental Planning Instruments (EPIs) and Development Control Plan (DCP) are

relevant to this application:

• Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

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

• Draft Sutherland Shire Development Control Plan 2015 (Draft SSDCP 2015).

Section 94 and Section 94A

• 2005 Shire Wide Open Space & Recreation Facilities.

• 2003 Community Facilities Plan.

COMPLIANCE

The compliance table below contains a summary of applicable development standards and controls

and a compliance checklist relative to these:

Standard/Control Required Proposed Complies? (% Variation)

Sutherland Shire Local Environmental Plan 2015 Cl.4.3 Height of Building

8.5m 8.4m Yes

Cl.4.4 Floor Space Ratio

0.55:1 (1,575.02m2)

0.48:1 (1,364.2m2)

Yes

Cl.6.14 Landscaped Area

35% (1,002m2)

36.72% (1,051.6m2) Yes

Draft Sutherland Shire Development Control Plan 2015 Cl.1.2 – Streetscape & Building Form Cl.1 Minimum site width

20m 36.58m Yes

Cl. 2 Orientation of development

To address the street Units 1 & 9 address Burraneer Bay Road

Yes

Cl.5 Storeys when viewed from the street

3 storeys 2 storeys Yes


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Cl.6 Roof forms

To be designed to an appropriate size, mass and separation, to be compatible with scale and character of existing buildings and landscaped elements

Flat roof stepping down with the topography of the site

Yes

Cl. 7 Building form

Must be well articulated

Articulation provided Yes

Cl. 8 Facades

Appropriate in scale, rhythm and proportion to desired character of locality

Generally complements scale, rhythm and proportion in streetscape

Yes

Cl.2.2 – Building Setbacks Cl.2 Ground Floor - Front setback Side setback Rear setback Second Storey - Front setback Side setback Rear setback

7.5m 900m for front 60% of site 4.0m for rear 40% of site 4m 7.5m 1.5m for front 60% of site 4.0m for rear 40% of site 4.0m

7.5m Front: 4.8m to building, 2.8m to decks (Units 1 & 9) 4m to building 4m to building, 3.6m to awning support 7.5m to building 5.4m 5.4m 15.2m (to first floor)

Yes Yes Yes No Yes Yes Yes Yes

Cl.4 Side setback

May be reduced to 1.5m in the rear 40% of the site if the development is single storey in height in this rear 40% of site

3.6m to awning support associated with single storey component & within rear 40% of the site

Yes

Cl.12 Articulation Zone

Building elements may encroach 1.5m into front setback for a max. one third of the area of the façade (48.2m2)

6.3m to first floor terraces (encroachment of 1.3m for Units 1 & 9) (40.2m2)

Yes


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Cl.17 Second storey walls adjacent to boundary

Where walls exceed 15m in continuous length, the side setback shall be increased by a further 500mm or more for part of the wall

Second storey walls step back 500mm where they exceed 15m

Yes

Cl.4.2 – Landscaping Cl.1 Hard surface areas within the street frontage

Limited to a max. of 50% (128m2) of the area of the front setback, with the remaining area occupied by landscaping

104.3m2 hard surface area (151.7m2 LSA)

Yes

Cl.2 Existing canopy trees

Design should retain existing canopy trees

17 trees proposed to be removed

No (5 will be retained on site)

Cl.5.2 – Building Layout, Private Open Space & Solar Access Cl.3 Direct sunlight

At least 75% of residential units, living rooms & private open spaces should receive a min. 3 hours direct sunlight between 9am & 3pm in midwinter

100% units will receive a min. of 3hrs direct sunlight on 21 June

Yes

Cl.5 Private Open Space

Each dwelling is to provide an area of private open space with a min. area of 36m2 (min. dimensions of 6m) of which 9m2 must be paved

All POS > 36m2 (min. 11m2 paved area)

Yes

Cl.8 POS & solar access

Orientate POS for northern solar access & ensure 10m2 of private open space has 3 hrs of solar access between 9am & 3pm at the winter solstice (21 June)

POS for Units 1 & 9 orientated to the north, to the east, west and south for Unit 5 & to the east or west for all other units. All will receive min. 3hrs solar access between 9am & 3pm on 21 June

Yes

Cl.9 Solar access for neighbouring dwelling units

Ensure 10m2 of private open spaces & windows of living areas have 3 hours of solar access between 9am and 3pm at the winter solstice (21 June)

86-90 will receive a min. 3hrs solar access before 3pm. POS for properties to the west will receive solar access from 9am onwards. POS to south will receive min. 3 hrs from after 9am to 3pm.

Yes


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Cl.10 Storage space

Each dwelling to provide 10m3 secure storage space, 50% inside the dwelling

All > 10m3 Yes

Cl.7.2 – Parking Cl.2 Car parking

3BR +: 2 car parking spaces (18 spaces)

18 Yes

Cl.3 Visitor car parking

1 space / 4 dwellings (2 spaces)

2 Yes

Cl.9 Vehicular crossing & driveway

Minimum vehicular crossing & driveway for a combined entry/exit: 5.5m

5.5m Yes

Cl.8.2 – Adaptable Housing Cl.1 Adaptable housing

6 or more dwellings: 20% adaptable

Units 1 & 9 (22%) Yes

Cl.8.3 – Livable Housing Cl.1 Livable housing

6 or more dwellings: 10% of dwellings

1 dwelling (11%) Yes

Cl.10.2 – Waste Management Requirements

Cl.2 Residential waste

120L / week of general + 120L / week of recycling

Demonstrated ample storage on site for 2 x 240L bins / dwelling

Yes

Cl.5 Distance from street

Designed so bins do not need to be wheeled more than 75m

Max. 72m Yes

SPECIALIST COMMENTS

The application was referred to the following internal specialists for assessment and the following

comments were received:

Architectural Review Advisory Panel (ARAP)

The application with the original design was referred to ARAP on 14 April 2016 who provided the

following comments:

• Consider a partial open basement accessed from a covered or partially covered driveway along

the eastern side boundary, eliminating the dominant central on-grade car-parking zone and

creating a landscaped pedestrian space.

• Exploration of an alternative site layout with north-facing courtyard dwellings that avoid potential

cross-privacy issues with neighbours.

• Improved pedestrian/visitor access.

• A mix of dwelling sizes to reduce the scale and comply with density provisions.

• A reduction in upstairs bedroom numbers to the rear would create better housing choice and

allow for a break in the built form.

• An alternative site design that reduces the large expanse of hard paved area and provides

greater opportunity for stormwater retention and management should be explored.


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• Retention and integration of existing mature vegetation towards the rear of the site.

• Tree protection zones of trees on adjacent sites and on the verge must be respected and

building works excluded from within these TPZs.

Architect (Assessment Team)

The application was referred to Council’s Architect who provided feedback in response to amended

plans and the issues previously raised by ARAP. A summary of the comments provided for the most

recent set of drawings are below:

• Living rooms are provided with an east and west orientation to allow some solar access in

morning and some in the evening. This is a reasonable strategy given the orientation of the site.

• Setbacks have increased to provide more generous areas of private open space.

• Pedestrian access steps have been replaced with 1:8 ramps.

• A mixture of dwellings have now been provided. The form of the buildings and their relationship

with neighbouring properties has improved.

• The mass of the proposal has been significantly reduced by introducing more single storey

elements.

• The eastern units have been stepped down. Ideally the living area / private open space of each

dwelling should sit no more than 300mm above natural ground level at the line of the boundary

fence.

• The elongated redesign of Unit 5 appears to provide a reasonable level of amenity. This has

improved how the proposal relates to its neighbours as well as improving the spatial quality of

the central entry.

Engineering (Assessment Team)

The application was referred to Council’s Assessment Team Engineer who has undertaken an

assessment of the proposal. No significant concerns were raised subject to conditions of consent

including the requirement of an engineer to inspect and certify the existing drainage easement and

pipeline burdening 86-90 Burraneer Bay Road is fit for purpose and has sufficient capacity for the

proposed development.

Landscape Architect (Assessment Team)

The application was referred to council’s Landscape Architect, who advised that the application can be

supported, subject to conditions of consent regarding the protection of trees being retained and

replacement trees.

ASSESSMENT

A detailed assessment of the application has been carried out having regard to the Heads of

Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979. The

following matters are considered important to this application.


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Privacy

There is concern for privacy of the adjoining multi dwelling development at 86-90 Burraneer Bay Road.

The subject site slopes from the north western corner to its south eastern corner. Units along the

eastern boundary will sit higher than the adjoining open space at 86-90 Burraneer Bay Road because

of the site topography, the proposed slab levels of the units corresponding with the central driveway

levels and the POS to the east of each unit. Units on the western boundary will sit below the NGL of

98 Burraneer Bay Road and 2 to 6 Craig Street.

General design features included in the proposal to maintain privacy include privacy screens to the

first floor bedroom windows and terraces, the 1.8m high boundary fence and landscaping including

random plantings of indigenous species.

The deck for Unit 5 will be 300mm above NGL, 4m from the eastern and southern boundaries and will

be located opposite the common open space for 86-90 Burraneer Bay Road to the east and the rear

yard of 9 Dominic Street to the south. Design solutions to minimise loss of privacy to the east include 2

high sill windows to the ground floor master bedroom and ensuite.

A condition has been included requiring the FFL of bedroom 2 and the adjacent hallway in Unit 5 to be

lowered to the same level as the master bedroom to reduce potential overlooking of 9 Dominic Street.

A condition requires the window in the southern elevation of bedroom 2 be modified to a high sill level

of 1.7m and that a sliding door be added to the eastern elevation, adjacent to the deck.

The deck for Unit 6 will be 295mm above NGL and will be located opposite the bedroom window of

Unit 6 at 86-90 Burraneer Bay Road. The deck for Unit 7 will be 555mm above NGL and will be

located opposite the living room window of Unit 8. The deck for Unit 8 will be 755mm above NGL and

will be located opposite the laundry and W.C. windows of Unit 8. The deck for Unit 9 will be 950mm

above NGL and will be located opposite the bedroom window of Unit 10. A condition has been

included requiring fixed privacy screens to a height of 1.7m above floor level along the eastern side of

the decks for Units 6, 7, 8 and 9 in a vertical position to ensure that direct overlooking of neighbouring

properties will not occur. The screen will obscure direct overlooking from both the deck areas and

internal living areas. This measure coupled with suitable screen planting will serve to mitigate

overlooking.

Taking into account the proposed levels, design solutions, landscaping and conditions, the proposal

will have an acceptable impact on privacy for adjoining properties.

Stormwater Management

Concern was raised regarding the height of the existing stormwater pit in the south eastern corner of

the site sitting above NGL, potential runoff and flooding of neighbouring properties. Stormwater is

directed into an existing drainage easement over 86-90 Burraneer Bay Road. The design of the OSD

tank will ensure that the proposal will not increase the flows exiting site with the retention/holding of

water within the tank.


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A condition of consent has been included requiring an engineer to inspect and certify the pipeline is fit

for purpose and has sufficient capacity for the proposed development and to certify that the

stormwater drainage works, rainwater harvesting facility and rainwater reuse systems are constructed

to their satisfaction and in accordance with the Development Consent.

Clause 6.4 requires Council to be satisfied of certain matters in relation to stormwater management

prior to development consent being granted. These matters include maximising permeable surfaces;

on-site stormwater retention minimising the impacts on stormwater runoff. These matters have been

addressed to Council’s satisfaction.

Solar Access & Overshadowing

Shadow diagrams demonstrate Units 6 to 10 on the western side of 86-90 Burraneer Bay Road will be

in their own shadow until after 9am and will not be overshadowed by the proposed development

between 2pm and 3pm. The units will receive a minimum three hours solar access during the middle

of the day. Overshadowing and solar access to adjoining properties complies with the guidelines in the

Draft SSDCP 2015.

Setbacks

The Draft SSDCP 2015 requires a 4m rear setback. The proposed setback complies with the 4m

requirement. However, the awning support of the deck off the Master bedroom at Unit 5 extends into

the 4m setback, but is limited to this structure only. The development meets the objectives of the Draft

SSDCP 2015; promoting residential amenity and incorporating architectural detailing and it will not

result in any adverse overshadowing impacts to the adjacent COS at 86-90 Burraneer Bay Road or 9

Dominic Street.

Tree Removal / Landscaping

The proposed development seeks the approval for the removal of 17 trees on site which fall within the

footprint of the development. Five trees are proposed to be transplanted on site. Six trees are exempt

and can be removed without Council consent. Eleven trees will be retained as part of the proposal.

The consent has been conditioned requiring the retaining wall in the north eastern corner to be set

back 1m to protect Trees 1 and 2 and to raise the FFL of the main part of Unit 5 to RL27 to protect

Tree 22, set back the eastern and western walls adjacent to the Unit 5 courtyard by an additional 1m

so the clearance from Tree 22 is greater than 3m and isolated pier and beam construction within a 7m

radius of the trunk of Tree 22.

The consent includes approval for the removal of 17 trees. The Draft DCP 2015 requires the

replacement of indigenous canopy tree planting with 136 replacement trees, of which 38 trees are

proposed to be planted on site. Based on the above, the removal of the above trees is acceptable as

part of the proposal.


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View Loss

Concern was raised regarding view loss of distant water glimpses of Burraneer Bay to the south with

the location of Unit 5 along the southern boundary. Unit 5 is single storey with a skylight feature. The

top of the skylight feature is RL31.52. The GL where the driveway crosses the front boundary is 30.67.

The top of the skylight is 0.85m higher than the driveway crossing. A person standing at Burraneer

Bay Road will be able to glimpse any existing distant views over the roof of Unit 5 through to

Burraneer Bay to the south.

Concern was also raised with the loss of the leafy outlook of the site from the rear of 2 Craig Street.

Given the view from 2 Craig Street is of the rear of the neighbouring property and any distant water

glimpses will be retained view loss will be minor and insignificant. Having assessed the extent of view

loss it is concluded that the impact is of negligible impact and does not in itself warrant any design

changes.

Urban Design (Residential Buildings)

Clauses 6.16 and 6.17 of SSLEP 2015 contain certain matters of consideration relating to urban

design. The relevant matters have been considered as a part of the assessment of the application and

the proposal is acceptable.

Earthworks

The proposal includes earthworks and clause 6.2 of SSLEP 2015 requires certain matters to be

considered in deciding whether to grant consent. These matters include impacts on drainage; future

development; quality and source of fill; effect on adjoining properties; destination of excavated

material; likely disturbance of relics; impacts on waterways; catchments and sensitive areas and

measures to mitigate impacts. The relevant matters have been considered and the application is

acceptable.

Acid Sulfate Soils

The subject site is identified as within ‘Class 5’ Acid Sulfate Soils Maps and the provisions of Clause

6.1 are applicable. The objectives of this clause are to ensure that development does not disturb,

expose or drain acid sulphate soils and cause environmental damage.

Within Class 5, the trigger under SSLEP 2015 is works within 500m of adjacent Class 1, 2, 3 or 4 land

that is below 5m AHD and by which the watertable is likely to lowered the water table below 1m AHD

on adjacent Class 1, 2, 3 or 4 ASS land.

Given the nature of the proposed works, being multi dwelling housing, there is unlikely to be an impact

on the water table on adjacent Class 1, 2, 3, or 4.


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Contaminated Land

A site inspection and search of Council records has revealed that the subject site is unlikely to be

contaminated and is fit for its intended use.

Threatened Species

Threatened species are particular plants and animals that are at risk of extinction and include

threatened populations and endangered ecological communities. Threatened species, populations and

ecological communities are protected by the NSW Threatened Species Conservation Act 1995, NSW

Fisheries Management Act 1994 and the commonwealth Environmental Protection and Conservation

of Biodiversity Act 1999.

Council has mapped the known threatened species, populations and ecological communities.

Following a review of this information and an inspection of the site it is concluded that the proposed

development will not result in any significant impact on threatened species, populations and ecological

communities.

Archaeological Sensitivity

Council records indicate that the subject site is rated low in terms of Archaeological Sensitivity. A site

inspection did not reveal any evidence of shell material or significant sandstone features within the

development zone. The proposal does not warrant an Aboriginal Archaeological Study being

undertaken.

SECTION 94 CONTRIBUTIONS

The proposed development will introduce additional residents to the area and as such will generate

Section 94 Contributions in accordance with Council’s adopted Contributions Plans. These

contributions include:

Open Space: $57,735.15

Community Facilities: $7,211.34

These contributions are based upon the likelihood that this development will require or increase the

demand for local and district facilities within the area. It has been calculated on the basis of nine new

residential units with a concession of three existing allotments.

DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 147 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1,000. In addition Council’s development application form requires a

general declaration of affiliation. In relation to this development application a declaration has been

made that there is no affiliation.


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CONCLUSION

The subject land is located within Zone R2 Low Density Residential R2 Low Density Residential

pursuant to the provisions of Sutherland Shire Local Environmental Plan 2015. The proposed

development, being multi dwelling housing, is a permissible land use within the zone with development

consent.

In response to public exhibition of the current revised plans, 24 submissions were received. The

matters raised in these submissions which are subject to consideration have been dealt with by design

changes or conditions of consent where appropriate.

The application has been assessed having regard to the Heads of Consideration under Section

79C(1) of the Environmental Planning and Assessment Act 1979. The application will not result in any

significant impact on the environment or the amenity of nearby residents. Following assessment,

Development Application No. 16/0277 may be supported for the reasons outlined in this report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Major Development

Assessment (SC).

File Number: DA16/0277

APPENDIX "A"

DRAFT CONDITIONS OF CONSENT Development Application No. 16/0277

1. Approved Plans and Documents

The development must be undertaken substantially in accordance with the details and specifications

set out on the Plan / Drawings:

Plan number Reference Prepared by Date

DA 2.00 Issue L Ground Floor Plan archiVis Prepared 31.10.16

DA 2.00_Ad Issue F Typical Pre & Post

Adaptable Layout

archiVis Prepared 31.10.16

DA 2.01 Issue L First Floor Plan archiVis Prepared 31.10.16

DA 2.02 Issue G Roof Plan archiVis Prepared 31.10.16

DA 4.01 Issue H Elevations North &

South & Front Fence


DA 4.02 Issue H Elevations East &

West


DA 4.03 Issue H Internal Elevations

East & West


DA 1.04 Issue B Soil & Water /

Construction

Management Plan


Drawing No. D2

Revision A

Drainage Details LMW Design Group

P/L

Prepared 26.2.16

Drawing No. D3

Revision G

Ground Floor and Site

Stormwater Drainage

Plan

LMW Design Group

P/L

Prepared 15.2.17

Drawing No. D4

Revision D

First Floor and Roof

Level Stormwater

Drainage Plan

LMW Design Group

P/L

Prepared 7.11.16

Drawing No. 1460

Page L01 Issue A

Site Plan Site Design + Studios 12.7.16

Drawing No. 1460

Page L02 Issue A

Landscape Plan Site Design + Studios 12.7.16

Drawing No. 1460

Page L03 Issue A

Landscape Plan Site Design + Studios 12.7.16

Drawing No. 1460

Page L04 Issue A

Planting Plan Site Design + Studios 12.7.16


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and any details on the application form and on any supporting information received with the

application except as amended by the following conditions.

Note: The following must be submitted to Sutherland Shire Council prior to the commencement of any

building or subdivision work.

i) A Construction Certificate.

ii) Notification of the appointment of a Principal Certifying Authority and a letter of acceptance from

that Principal Certifying Authority.

iii) Notification of the commencement of building and/or subdivision works with a minimum of 2 days

notice of such commencement.

Under section 109E(2) of the Environmental Planning and Assessment Act 1979, please note that

Sutherland Shire Council must be appointed as the Principal Certifying Authority for all subdivision

works.

2. Design Changes Required A. Before Construction

The following design changes must be implemented:

i) The finished floor level (FFL) of Unit 5, to the west of, and excluding the master bedroom, walk

in robe, ensuite, bedroom 2 and the adjacent hallway, must be raised to RL 27.00.

ii) The finished floor level (FFL) of bedroom 2 and the adjacent hallway in Unit 5 must be lowered

to RL25.80, the same as the RL for the master bedroom, walk in robe and ensuite.

iii) The window in the southern elevation of bedroom 2 in Unit 5 is to be modified to a high sill level

with a minimum of 1.7m above the RL25.80.

iv) A sliding door is to be added to the eastern elevation of bedroom 2 in Unit 5, adjacent to the

deck.

v) The eastern and western walls of the Unit 5 courtyard must be set back an additional 1m each

side to facilitate a clearance greater than 3m from the trunk of Tree 22.

vi) The footings of the Unit 5 must be isolated pier and beam construction within a 7m radius of the

trunk of Tree 22. The piers must be hand dug and located such that roots of a diameter greater

than 50mm are not severed or injured in the process of any site works during the construction

period. The beam must be located on or above the existing soil levels. The location and details

of any footings within the Tree Protection Zone (TPZ) shall be detailed in accordance with iii)

above and on the Construction Certificate Plans.

vii) A high level window with a sill height of 2.1m above FFL is to be included along the full length of

the northern elevation of Unit 5 and is to finish at the underside of the eaves to improve solar

access into the dwelling.


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viii) Fixed privacy screens are to be located along the eastern side of all of the decks of Units 6, 7, 8

and 9, as indicated in red on the approved plans. The privacy screens are to be louvered

screens in timber or aluminium and 1.7m in height above floor level. Louvres are to be fixed in a

vertical position to ensure that direct overlooking of neighbouring properties will not occur.

ix) The existing levels within the Tree Protection Zone of Trees 11, 12 and 22 must be maintained.

x) The retaining wall along the front boundary within the north eastern corner must be setback

south a minimum of 1000mm to ensure no more than 10% of the Tree Protection Zone (TPZ) of

trees 1 and 2 is encroached upon.

Details of these design changes must be included in documentation submitted with the application for

a Construction Certificate.

3. Public Place Environmental, Damage & Performance Security Bond A. Before Issuing of any Construction Certificate Prior to the issue of a Construction Certificate or the commencement of any works on site, whichever

occurs first, the person acting on this consent must provide security to Sutherland Shire Council

against damage that may be caused to any Council property and/or the environment as a

consequence of the implementation of this consent. The security may be provided by way of a deposit

with Council or a bank guarantee. A non refundable inspection/administration fee is included in the

bond value.

It is the responsibility of the person acting on this consent to notify Sutherland Shire Council of any

existing damage to public areas in the vicinity of the development site by the submission of a current

dilapidation report supported by photographs. This information must be submitted to Council at least 2

days prior to the commencement of works.

In the event that the dilapidation report is not submitted 2 days prior to commencement and the public

area sustains damage the person acting on this consent may be held liable.

Should any public property and/or the environment sustain damage as a result of the works associated

with this consent, or if the works put Council's assets or the environment at risk, Council may carry out

any works necessary to repair the damage and/or remove the risk. The costs incurred must be

deducted from the bond.

The value of the bond is $5,710.

Note: Bond amount includes a non refundable administration fee which must be paid separately if

security is provided by way of a deposit with Council or a bank guarantee.

Use of Bank Guarantee - As bond releases may occur under different timeframes only one bond

amount/bond purpose is permitted on a Bank Guarantee. Multiple bonds will require multiple bank

guarantees to be lodged.


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B. After Occupation

A request for release of the bond may be made to Sutherland Shire Council after all works relating to

this consent have been completed. Such a request must be submitted to Council on the ‘Bond

Release Request Form’ signed by the owner or any person entitled to act on the consent and must be

accompanied by a current dilapidation report including photographs.

Section 94 Contributions

The following dedication of land and/or monetary contributions have been levied in relation to the

proposed development pursuant to Section 94 of the Environmental Planning and Assessment Act

1979.

The Contributions Plan may be viewed on line on Council’s web page (search for S94 Contributions

Plan). A copy may also be viewed or purchased at the Customer Service Counter in Council’s

Administration Centre, Eton Street, Sutherland during office hours.

4. Monetary Contribution for Shire-Wide Open Space and Recreational Facilities A. Before Construction Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Sutherland Shire

Council’s Contributions Plan - Shire Wide Open Space and Recreation Facilities 2005, a monetary

contribution of $57,735.15 must be paid to Sutherland Shire Council toward the cost of land identified

for acquisition and works contained in the Works Programme of the Contributions Plan.

This contribution has been assessed and calculated in accordance with the Shire Wide Open Space

and Recreation Facilities 2005, Contribution Plan on the basis of 9 proposed Dual Occupancy,

Townhouses, Villas etc, with a concession for 3 existing allotments.

The contribution will be indexed on 1 July in each year in accordance with the Implicit Price Deflator

for Gross Fixed Capital Expenditure - Private Dwellings, with amended rates being available from

Council.

Payment must be made prior to the issue of the Construction Certificate.

5. Community Facilities, Shire Wide 2003 Plan A. Before Construction

A monetary contribution of $7,211.34 must be made for the cost of providing community facilities.

This contribution has been assessed pursuant to s.94 of the Environmental Planning and Assessment

Act, and the Sutherland Shire Contributions Plan - Community Facilities in the Sutherland Shire, after

identifying the likelihood that this development will require or increase the demand for community

facilities within the shire. It has been calculated on the basis of 9 proposed Dual Occupancy,

Townhouses, Villas etc, with a concession for 3 existing allotments.


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The contribution will be indexed on 1 July in each year in accordance with the Implicit Price Deflator

for Gross Fixed Capital Expenditure - Private Dwellings, with amended rates being available from

Council.

Payment must be made prior to the issue of the Construction Certificate.

6. Approvals Required under Roads Act or Local Government Act A. Before Construction

No occupation or works are to be carried out on public land (including a road or footpath) or access

provided over a public reserve adjacent to the development site without approval being obtained from

Sutherland Shire Council and the necessary fee paid under the Roads Act 1993 and/or the Local

Government Act 1993.

Note: Approval under the Roads Act or Local Government Act cannot be granted by a Principal Certifying Authority or by a Private Certifier. Failure to obtain approval may result in fines or prosecution.

7. Site Management Plan

A. Before Commencement of Works including Demolition

An Environmental Site Management Plan must accompany the application for a Construction

Certificate. If demolition is to commence prior to the issue of a Construction Certificate the applicant

must submit to Sutherland Shire Council a separate Demolition Site Management Plan. These plans

must satisfy the Objectives and Controls of Sutherland Shire Development Control Plan 2015 relating

to environmental site management and must incorporate the following throughout demolition and

construction:

i) Safe access to and from the site during construction and demolition.

ii) Safety and security of the site, road and footpath area including details of proposed fencing,

hoarding and lighting.

iii) Method of loading and unloading excavation machines, building materials.

iv) How and where, construction materials, excavated and waste materials will be stored.

v) Methods to prevent material being tracked off the site onto surrounding roadways.

vi) Erosion and sediment control measures.

B. During Works

The site management measures set out in the above plan must remain in place and be maintained

throughout the period of works and until the site has been stabilised and landscaped.

8. Supervising Engineer A. Before Construction The applicant must engage an Accredited Certifier in civil engineering works or a Charter Civil

Engineer to supervise construction of any:


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i) Road frontage works.

ii) Construction / installation of stormwater drainage.

iii) Rainwater harvesting & reuse.

iv) All other works that form part of a subdivision.

B. During Construction

The engineer must supervise the works as listed above to ensure compliance with:

i) All relevant conditions of development consent.

ii) Any Consent issued under the Roads Act for this development.

C. Before Occupation

The supervising engineer must certify the works required in “A” above were undertaken and completed

in accordance with the requirements of this Development Consent and to their satisfaction.

9. Application to Construct a Driveway A. Design An Access Application must be made to Council to obtain footpath crossing and boundary alignment

levels before commencing the final design of internal driveways, paths and car park area. The

proposal must comply with the levels issued by Council and a copy of the issued levels must

accompany the application for a Construction Certificate.

The driveway crossing and associated layback must be 5.5m wide.

All redundant driveway crossings and associated laybacks must be removed with kerb and gutter

reinstated.

The disturbed areas within the verge must be top soiled and turfed to match surrounding natural

surface levels.

10. Internal Driveway Profile A. Before Construction An Access Application must be made to Council to obtain footpath crossing and boundary alignment

levels before commencing the final design of internal driveways, paths and car park area.

B. Design

The internal driveway profile must be designed to:

i) Provide adequate sight distance for the safety of pedestrians using the footpath area.

ii) Align with Council's issued footpath crossing levels.

iii) Comply with AS2890.2(2002) in relation to the design of vehicular access, parking and general

manoeuvring for the B85 vehicle.

iv) The maximum longitudinal grade of the driveway must not exceed 25%.


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Certification by an appropriately qualified person to the effect that these design requirements have

been met must accompany the application for a Construction Certificate.

11. Drainage Design - Detailed Requirements A. Design

The stormwater drainage system must be designed in accordance with the approved stormwater

drainage design drawing, Australian Standard AS3500.3:2003 and the BASIX Certificate issued for

this development, except where modified;

i) The pipeline the within the stormwater drainage easement must be checked to ensure sufficient

flow capacity from the development.

ii) The pipelines and pits located in the south-eastern corner of the property must be relocated to

be against the building footprint of Unit 5 and 6.

B. Before Construction Certification from an Accredited Certifier in Civil Engineering or a Chartered Civil Engineer, to the

effect that the drainage design is to their satisfaction and satisfies the design requirements in “A”

above must accompany the application for a Construction Certificate and the pipeline within in the

easement is fit for purpose.

C. Before Occupation

Prior to the issue of an Occupation Certificate:

i) A Works-As-Executed drawing (WAED) of the stormwater drainage system must be prepared

by a Registered Surveyor. This drawing must detail the alignment of pipelines, pits, the

rainwater tanks, pipeline within the easement and the detention facilities. An original or a colour

copy must be submitted to Sutherland Shire Council.

ii) The Supervising Engineer must certify the WAED of the stormwater drainage system that the

stormwater drainage works, rainwater harvesting facility and rainwater reuse systems were

constructed to their satisfaction and in accordance with the Development Consent. Prior to the

occupation or use of the building the Applicant / Owner must submit to Council a copy of the

aforementioned letter of certification.

D. Ongoing i) The operation of all devices or appliances installed within the development approved by this

consent as required by conditions pertinent to rainwater harvesting and rainwater reuse must be

maintained in good operating order at all times.

ii) The stormwater detention facility must be:

• Kept clean and free from silt, rubbish and debris.

• Be maintained so that it functions in a safe and efficient manner.

• Not be altered without prior consent in writing of the Council.


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Note: Upon submission of the Works-As-Executed drawing for the stormwater drainage system a

notation will be added to the section 149(5) certificate advising future owners that their property is

burdened by a stormwater detention facility.

12. Public Utilities

This condition is imposed to facilitate the provision of services to the development and reduce conflicts

between services and lot boundaries, buildings or associated facilities.

A. Before Construction

Suitable arrangements must be made with all relevant utility service providers to ensure the

development is appropriately serviced by electricity, gas, telecommunications and the like, and any

necessary underground conduits are provided.

Note: Should these requirements result in any significant change to the approved design an

application must be made to modify the consent under s.96 of the Environmental Planning and

Assessment Act.

13. Registration of Plan of Consolidation A. Prior to Construction

Prior to the issue of any Construction Certificate a Plan of Subdivision for the Consolidation of Lots 20,

21 and 22 in Deposited Plan 6779 must be registered with NSW Land and Property Information.

14. Approved Landscape Plan A. Design Changes

The landscape works on the site must be carried out in accordance with the approved Landscape Plan

except as amended by the following:

i) Landscape plans must be amended to suit latest architectural changes.

ii) Tree Protection Zones (TPZ) must be shown on plan for all existing trees and/or natural site

features to be retained and protected.

iii) The communal open space areas and all planter boxes on slab must be provided with a water-

efficient irrigation system, connected to a pump and the rainwater/OSD tank, to enable effective

landscape maintenance.

iv) The private open space of each dwelling must be provided with one tap, connected to mains.

v) Each dwelling shall be provided with a clothes line easily accessible from the laundry.

vi) Plant two (2) Eucalyptus longifolia (Woollybutt) west of the proposed driveway within the verge

as per Sutherland Shire Council Street Tree Planting Specifications.

The applicant must engage a suitably qualified Landscape Designer or Landscape Architect to

oversee any design changes to the approved Landscape Plan and amendments required above.

Details of these design changes must be included in the documentation submitted with the application

for a Construction Certificate.


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Notes:

A Landscape Designer is a person eligible for membership of the Australian Landscape Designers and

Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of

Landscape Architects as a Registered Landscape Architect.

If demolition works to occur prior to the Construction Certificate being issued, tree protection measures

must be installed prior to commencement of demolition.

C. Prior to Occupation/Occupation Certificate

The landscape works must be completed in accordance with the approved Landscape Plan and

amendments required by ‘A’ above. A Final Landscape Inspection must be carried out and a certificate

issued by Council's landscape officer prior to occupation or the issue of an occupation certificate

(interim or final). This certificate is required to ensure that all landscaping works and the deep soil

percentage requirements have been carried out in accordance with ‘A’ above, and that all new

indigenous plants on the site and within the road reserve are the correct species.

To arrange a Final Landscape Inspection please phone 9710-0333 48 hours prior to the required

inspection date. An inspection fee of $225 is required to be paid, prior to the inspection. Additional

inspections will be charged at a rate of $150 each.

D. Ongoing All landscaping works required by ‘A’ above must be maintained for 12 months following the final

landscape inspection date.

Any plants found faulty, damaged, diseased or dead shall be replaced with the same species in the

same sized container within one month with all costs borne by the owner.

Note: If difficulty is experienced sourcing suitable indigenous plants from other suppliers, plants grown

from locally provenance seed may be available from:

Sutherland Shire Council Nursery

345 The Boulevarde, Gymea

Ph: 02 9524 5672

15. Trees on Private Land (Projects Dual Occupancies and Larger) A. Tree Removal The removal of the following trees is approved:

i) Trees identified on the approved Landscape Plan as “existing tree to be removed” and/or as

listed below:


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Tree No. Tree Species (botanical and common name) Location

2A-D Howea fosteriana (Kentia Palm) Refer to Existing Tree

Plan No.1460 prepared

by Site Design + Studios

dated 12/07/16

4 Nerium oleander (Oleander) “

5 Archontophoenix cunninghamiana (Bangalow Palm) “

6 Callistemon viminalis (Weeping Bottlebrush) “

7 Phoenix canariensis (Canary Island Date Palm)

EXEMPT “

8 Phoenix canariensis (Canary Island Date Palm)

EXEMPT “

9 Liquidambar styraciflua (Liquidambar) EXEMPT “

10 Angophora costata (Sydney Red Gum) “



15 Eucalyptus racemosa (Scribbly Gum) “

16 Eucalyptus capitellata (Brown Stringybark) “



21 Ligustrum lucidum (Privet) EXEMPT “

24 Jacaranda mimosifolia (Jacaranda) “

25 Schefflera actinophylla (Umbrella Tree) EXEMPT “


27 Ligustrum lucidum(Umbrella Tree) EXEMPT “

28 Persea Americana (Avocado Tree) “


30 Pittosporum undulatum (Sweet Pittosporum) “


ii) Trees growing within the 3 metres of the building footprint of the approved structures.

iii) Any declared noxious plant. The applicant is to ensure that all noxious plants are properly

identified and controlled/removed.

iv) Any tree species exempted by the Sutherland Shire Local Environmental Plan 2015.

All other vegetation that would require approval to be removed must be protected.

B. Design

i) Seventeen (17) trees are approved for removal as part of this consent. Where trees are

proposed to be removed Sutherland Shire Council’s Development Control Plan 2015 requires

indigenous replacement canopy tree planting at a ratio of 8:1 on private land.


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ii) One hundred and thirty six (136) replacement trees are required to be planted.

iii) A minimum number of thirty-eight (38) indigenous trees must be planted on the site. The trees

selected must be planted within 3m of the front or rear setback of the subject property and not

within 2m of a building or proposed building or swimming pool.

iv) Trees must have a minimum container size of 5 litres.

An amended Landscape Plan/Tree Location Plan showing the location of all replacement trees on the

site and/or in the street must be provided prior to the release of the Construction Certificate.

Note: For the remaining ninety eight (98) replacement trees required by “B ii)” above, Council offers

offsite planting under a ‘Deed of Agreement’ as an alternative to on site planting, at a cost of $100 per

tree. Offsite planting will be undertaken as part of Council’s Green Street Program. ‘Deed of

Agreement’ forms can be downloaded from Council’s website at

www.sutherlandshire.nsw.gov.au/Development/Development-Applications/Off-Site-Tree-Replacement-

and-Deed-of-Agreement. A completed form and payment must be submitted to Council prior to the

release of the Construction Certificate.

C. Prior to Occupation/Occupation Certificate

The replacement tree planting must be completed in accordance with the approved Landscape

Plan/Tree Location Plan. A Final Landscape Inspection must be carried out and a certificate issued by

Council's landscape officer prior to occupation or the issue of an occupation certificate (interim or

final). This certificate is required to ensure that tree planting has been carried out in accordance with

‘B’ above, and that all new indigenous plants on the site and within the road reserve are the correct

species.

To arrange a Final Landscape Inspection please phone 9710-0333

48 hours prior to the required inspection date. An inspection fee of $225 is required to be paid, prior to

the inspection. Additional inspections will be charged at a rate of $150 each.

D. Ongoing

Trees required by this condition must be maintained and protected until they are covered by Council’s

Controls for Preservation of Trees and Bushland Vegetation (SSCDCP 2015 Chapter 38). Any

replacement trees found damaged, dying or dead must be replaced with the same species in the same

container size within one month with all costs to be borne by the owner.

Note: If you have difficulty sourcing suitable indigenous plants from other suppliers, plants grown from

local provenance seed may be available from:

Sutherland Shire Council Nursery

345 The Boulevarde, Gymea

Ph: 02 9524 5672

Opening hours - Monday to Friday 7.00am-3.00pm (excluding public holidays).


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http://www.sutherlandshire.nsw.gov.au/Development/Development-Applications/Off-Site-Tree-Replacement-and-Deed-of-Agreement

http://www.sutherlandshire.nsw.gov.au/Development/Development-Applications/Off-Site-Tree-Replacement-and-Deed-of-Agreement

16. Tree Retention and Protection A. Before Works Prior to the commencement of any demolition, excavation or construction works on site the applicant

shall engage a suitably qualified and experienced Arborist to oversee the measures for the protection

of existing trees as listed below.

Note: An Arborist is a person with a current membership of the National Arborist’s Association of

Australia at a grade of General Member, Affiliate Member or Life Member, or alternatively a person

who has obtained an Australian Qualifications Framework AQF Level 5 in Arboriculture.

Prior to the commencement of any works, including demolition, the supervising Arborist must oversee

the protection of the following tree/s as listed in the table below / as marked on Existing Tree Plan No

1460 prepared by Site Design + Studios dated 12/07/16 to ensure the installation and adequacy of all

tree protection measures.

Tree No. Tree Species (botanical and common name) Location

1 Eucalyptus saligna (Blue Gum) Tree Protection Zone

(TPZ) 8.1m

Refer to Existing Tree Plan

No 1460 prepared by Site

Design + Studios dated

12/07/16

2 Eucalyptus sp. (Eucalypt) TPZ 5.7m “

11 Eucalyptus racemosa (Scribbly Gum) TPZ 9.6m “

12 Angophora costata (Sydney Red Gum) TPZ 3.7m “

19 Eucalyptus racemosa (Scribbly Gum) TPZ 9.6m “

22 Angophora costata (Sydney Red Gum) TPZ 6.2m “

22a Angophora costata (Sydney Red Gum) TPZ unknown “

22b Angophora costata (Sydney Red Gum) TPZ unknown “

23 Fraxinus sp. (Ash) TPZ 3.8m “

32 Waterhousia floribunda (Weeping Lily Pily) TPZ 2.4m “

33 Waterhousia floribunda (Weeping Lily Pily) TPZ 2.1m “

The trees identified for retention must be protected by the following measures:

i) To preserve the trees numbered 11, 12 and 22 the footings of the Unit 5 and associated decks

must be isolated pier and beam construction within the Tree Protection Zone of each tree

specified above. The piers must be hand dug and located such that no roots of a diameter

greater than 50mm are severed or injured in the process of any site works during the

construction period. The beam must be located on or above the existing soil levels. The location

and details of any footings within the Tree Protection Zone (TPZ) shall be detailed in

accordance with i) above and on the Construction Certificate Plans.


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ii) Protective fencing constructed of 1.8m high chain wire mesh supported by robust posts must be

installed in accordance with the Attachment A_Tree Protection, dated 01/01/17. Signage must

be erected on the fence with the following words clearly displayed “TREE PROTECTION ZONE,

DO NOT ENTER”.

iii) The tree protection zone within the protective fencing must be mulched with a maximum depth

75mm of suitable organic mulch (woodchips or composted leaf chip mulch) and kept regularly

watered for the duration of the works subject to this consent.

iv) No development or associated activity is permitted within the fenced tree protection zone for the

duration of works subject to this consent. This includes vehicular or pedestrian access, sheds,

washout areas, excavations, backfilling, installation of services (including stormwater), removal

of top soil, stockpiling of soil or building materials.

v) Where site access/egress is required over the roots of trees identified for retention and

protection, provide hardwood rumble boards over a 200mm thick layer of wood chip.

vi) The supervising Arborist must maintain a record of the tree protection measures throughout the

construction process. Each hold point below must be signed and completed progressively by

the supervising Arborist and included as part of the final certification. A copy of the final

certification is to be made available to Council prior to the issue of the interim/final Occupation

Certificate:

Hold Point Task Responsibility Certification Timing of Inspection

1. Indicate clearly with

spray paint trees

approved for

removal only

Principal Contractor Project Arborist Prior to demolition and

site establishment

2. Establishment of

tree protection

fencing

Principal Contractor Project Arborist Prior to demolition and

site establishment

3. Supervise all

excavation works

proposed within the

TPZ

Principal Contractor Project Arborist As required prior to the

works proceeding

adjacent to the tree

4. Inspection of trees

by Project Arborist

Principal Contractor Project Arborist Bi-monthly during

construction period

5. Final inspection of

trees by project

Arborist

Principal Contractor Project Arborist Prior to issue of

Occupation Certificate

B. During Construction

i) The tree protection measures detailed in ‘A’ above must be maintained during construction.

ii) The supervising Arborist must be present during any approved hand excavation or under boring

works within the Tree Protection Zone (TPZ) of any tree identified for retention and protection

and have the authority to direct works to ensure the trees long term preservation;


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iii) The supervising Arborist must strictly supervise that there is no disturbance or severing of roots

greater than 30mm diameter and to cleanly cut those roots between 10-30mm in diameter.

iv) If the tree/s identified for retention in ‘A’ above are damaged or destabilised during construction

then works must cease and Council’s Tree Assessment Officer (ph. 9710 0333) must be

contacted to assess the tree/s and recommend action to be taken.

17. Demolition Work

To ensure that demolition of structures is carried out in an environmentally acceptable and safe

manner:

A. Before Commencement

If works involve the removal of more than 10 square metres of asbestos material, a bonded asbestos

licence is required. A friable asbestos licence is required to remove, repair or disturb any amount of

friable asbestos. For further information contact the NSW Workcover Authority.

B. During Works

i) The demolition of the existing building must be carried out strictly in accordance with Australian

Standard 2601 - The Demolition of Structures.

ii) The applicant must ensure that the demolition contractor has a current public risk insurance

coverage for a minimum of $5 million. A copy of the Policy must be submitted to the Council

prior to demolition.

To ensure that the removal and transportation of any asbestos material, regardless of the quantity, is

carried out in an environmentally acceptable and safe manner, all work must comply with the following:

a) Work Health and Safety Act 2011;

b) Work Health and Safety Regulation 2011;

c) Safe Work Australia Code of Practice - How to Manage and Control Asbestos in the Workplace;

d) Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)];

e) Workcover NSW ‘Working with Asbestos - Guide 2008’;

f) Protection of the Environment Operations Act 1997; and

g) Protection of the Environment Operations (Waste) Regulation 2005.

Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW EPA to

accept asbestos waste. Any asbestos waste load over 100kg (including asbestos contaminated soil)

or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting tool

WasteLocate. More information can be found at <https://wastelocate.epa.nsw.gov.au>.


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https://wastelocate.epa.nsw.gov.au/

18. Design Requirements for Adaptable Housing A. Design A report prepared by a suitably qualified Adaptable Housing Specialist must be submitted with the

Construction Certificate, demonstrating that the development complies with the requirements of

AS4299 - Adaptable Housing. The report must contain a completed checklist (Appendix A - AS4299)

demonstrating compliance with the requirements of a Class C Adaptable House.

19. Sydney Water Tap inTM & Compliance Certificate A. Before Construction

Prior to the issue of the Construction Certificate, a copy of the Sydney Water Tap in TM approval must

be submitted to the Accredited Certifier. This is to determine as to whether the development will affect

Sydney Water’s sewer and water mains, stormwater drains and / or easements, and if further

requirements need to be met. Customers will receive an approval receipt. Please refer to the web site

www.sydneywater.com.au <http://www.sydneywater.com.au>.

B. Before Occupation / Prior to issue of Subdivision Certificate

A Compliance Certificate under s73 of the Sydney Water Act, 1994, must be submitted to Council by

the Principal Certifying Authority. Sydney Water may require the construction of works and/or the

payment of developer charges.

Sydney Water Advice on Compliance Certificates: An application must be made through an authorised Water Servicing Coordinator. For details see the

Sydney Water web site at www.sydneywater.com.au\customer\urban\index\ or by telephone 13 20 92.

Following application a "Notice of Requirements" will be forwarded detailing water and sewer

extensions to be built and charges to be paid. Please make early contact with the Coordinator, since

building of water / sewer extensions can be time consuming and may impact on other services as well

as building, driveway or landscaping design.

20. Dial Before You Dig A. Before Construction

Underground assets may exist in the area that is subject to your application. In the interests of health

and safety and in order to protect damage to third party assets please contact Dial Before You Dig at

www.1100.com.au or telephone on 1100 before excavating or erecting structures (this is the law in

NSW).

It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on

the relevant property via contacting the Dial before you dig service in advance of any construction or

planning activities.


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http://www.sydneywater.com.au/

http://www.sydneywater.com.au/

http://www.sydneywater.com.au/customer/urban/index/

http://www.1100.com.au/

21. Noise Control and Permitted Hours for Building and Demolition Work A. During Works To minimise the noise impact on the surrounding environment:

i) The LAeq sound pressure level measured over a period of 15 minutes when the construction or

demolition site is in operation, must not exceed the ambient background level (LA90 15min) by

more than 10dB(A) when measured at the nearest affected premises.

ii) All building and demolition work must be carried out only between the hours of 7.00am and

6.00pm Monday to Friday inclusive, 8.00am and 3.00pm Saturdays. No work must be carried

out on Sundays and Public Holidays.

22. Toilet Facilities A. During Works

Toilet facilities must be available or provided at the work site at a ratio of one toilet plus one additional

toilet for every 20 persons employed at the site before works begin and must be maintained until the

works are completed.

Each toilet must:

i) be a standard flushing toilet connected to a public sewer, or

ii) have an on-site effluent disposal system approved under the Local Government Act 1993, or

iii) be a temporary chemical closet approved under the Local Government Act 1993

23. Containment of Fill A. Design

Fill must not extend beyond the perimeter of the building. (The use of a dropped edge beam is a

method of complying with this condition.)

B. Before Construction

Details of the finished levels around the perimeter of the building must accompany the application for a

Construction Certificate.

24. Street Numbering and Provision of Letter Box Facilities A. Before Occupation

i) Street / unit / shop numbers must be clearly displayed.

ii) Suitable letterbox facilities must be provided in accordance with Australia Post specifications.

iii) The dwellings must have the following street address format:

Dwelling 1 must be known as 1/92 Burraneer Bay Road, Burraneer








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25. Car parking Areas A. Ongoing

To ensure that the car parking area satisfies the demands of the development:

i) it must be made available on an unrestricted basis and free of charge at all times for employees'

and visitors' vehicles.

ii) any parking nominated as visitor parking or common property must be continually available as

common property.

26. Car Parking Allocation A. Before Subdivision Car parking must be allocated to individual strata lots as part of their unit entitlement.

Visitor parking facilities must be designated as common property on any strata plan.

Parking must be allocated on the following basis:

• Residential dwellings: 18 spaces

• Residential visitors: 2 spaces

B. Ongoing

The car-parking provided must only be used in conjunction with the dwellings and/or tenancies

contained within the development and not for any other purpose.

END OF CONDITIONS

Attached are the prescribed conditions that must be complied with under the Environmental Planning and

Assessment Regulations 2000.


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PRESCRIBED CONDITIONS

Division 8A of the Environmental Planning and Assessment Regulation Prescribes the following conditions of

development consent

S98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a

development consent for development that involves any building work:

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

Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to

be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of

insurance is in force before any building work authorised to be carried out by the consent

commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development

consent for a temporary structure that is used as an entertainment venue, that the temporary structure

must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of

any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which subclause (1A)

applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on

the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an entertainment venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect of temporary structures

that are not entertainment venues.

S98A Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are

prescribed as conditions of a development consent for development that involves any building work,

subdivision work or demolition work.


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http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y



(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or

demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the

work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being

carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is

carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with

section 109R of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work,

subdivision work or demolition work involved had not been commenced by that date.

Note. Principal certifying authorities and principal contractors must also ensure that signs required by this

clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of

$1,100).

S98B Notification of Home Building Act 1989 requirements (1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as

conditions of a development consent for development that involves any residential building work within

the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out

unless the principal certifying authority for the development to which the work relates (not being the

council) has given the council written notice of the following information:

(a) the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number

of the owner-builder permit.


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(3) If arrangements for doing the residential building work are changed while the work is in progress so

that the information notified under subclause (2) becomes out of date, further work must not be carried

out unless the principal certifying authority for the development to which the work relates (not being

the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance with

section 109R of the Act, to comply with the technical provisions of the State’s building laws.

S98E Condition relating to shoring and adequacy of adjoining property

(1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent

that if the development involves an excavation that extends below the level of the base of the footings

of a building on adjoining land, the person having the benefit of the development consent must, at the

person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the

development consent owns the adjoining land or the owner of the adjoining land has given consent in

writing to that condition not applying.

Please be advised if this consent is for an entertainment venue, then there are further prescribed conditions that apply under clauses 98C and 98D of the Environmental Planning and Assessment Regulation.


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Appendix C: List of submissions received

Submissions were received from the following properties:

Address Date of Letter/s Issues 14 Hyndman Parade 13 March 2016,

15 March 2016 4, 6, 10

2/151 Burraneer Bay Road 14 March 2016 4, 12 42 Northcote Avenue 15 March 2016 10, 12 13 Dominic Street 24 March 2016,

4 April 2016, 12 April 2016, 13 May 2016, 23 May 2016, 13 September 2016, 14 September 2016, 15 September 2016, 18 October 2016, 19 October 2016, 19 October 2016, 29 September 2016, 17 January 2017, 18 January 2017, 29 January 2017, 6 February 2017, 22 February 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18

95 Burraneer Bay Road 30 March 2016 12 2 Craig Street 30 March 2016,

1 April 2016, 13 September 2016 15 January 2017, 16 January 2017, 29 January 2017

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17

19 Caringbah Road 31 March 2016 4 3 Denman Avenue 31 March 2016 3 7 Dominic Street 3 April 2016,

4 April 2016, 13 September 2016

11

5 Dominic Street 3 April 2016, 13 September 2016, 17 January 2017

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

9 Dominic Street 3 April 2016, 11 September 2016, 14 September 2016, 10 January 2017, 11 January 2017

2, 7, 8, 10, 12, 14


1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18

100 Burraneer Bay Road 25 April 2016 2 3 Dominic Street 13 September 2016,

17 January 2017 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 19

11 Dominic Street 13 September 2016, 22 January 2017

2, 3, 4, 8, 9, 10, 12, 14, 16, 19

15 Dominic Street 13 September 2016, 17 January 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

8/86-90 Burraneer Bay Road 14 September 2016, 14 September 2016, 18 January 2017,

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17


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18 January 2017, 13 February 2017

12B Caringbah Road 15 September 2016 3, 9, 12 3 Tycannah Place 15 September 2016 3, 4, 8, 9, 10 9/86-90 Burraneer Bay Road 15 September 2016,

17 January 2017, 30 January 2017, 12 February 2017

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18

5/86-90 Burraneer Bay Road 15 September 2016, 17 January 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

6 Craig Street 5 April 2016, 5 April 2016, 15 September 2016

2, 3, 4, 8, 9, 10, 12

12A Koala Road 14 September 2016, 17 January 2017

2, 3, 4, 6, 7, 9, 11, 12, 13, 14, 18

3/86-90 Burraneer Bay Road 15 September 2016, 17 October 2016, 17 January 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

10/86-90 Burraneer Bay Road

16 September 2016, 17 January 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

7/86-90 Burraneer Bay Road 18 September 2016, 12 February 2017

1, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14


2, 3, 4, 8, 9, 10, 12, 14

8 Craig Street 14 April 2016, 17 January 2017

1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

13 Dominic Street 18 January 2017 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18

7/86-90 Burraneer Bay Road 18 January 2017 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17

Key for issues: Issue No. Issue 1 Views 2 Privacy 3 Out of Character 4 Overdevelopment 5 Overshadowing & Solar Access 6 Streetscape 7 Design / Aesthetics 8 Height / Bulk / Scale 9 Loss of Trees / Vegetation / Landscaping 10 Drainage / Flooding / Stormwater 11 Traffic / Carparking 12 Setbacks 13 Does not comply with Council’s DCP / LEP 14 Inaccurate Plans / SEE 15 Reduced Real Estate Value 16 Waste Management 17 Safety 18 Assessment of DA


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Independent Hearing and Assessment Panel · 2017. 3. 15. · Independent Hearing and Assessment...

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