agenda: application assessment panelh:\application assessment panel\agendas\2008\sept2-08aapage.doc...

$: Agenda: Application Assessment PanelH:\Application Assessment Panel\AGENDAS\2008\sept2-08aapage.doc Outline of Meeting Protocol & Procedure: • The Chairperson will call the Meeting$
Agenda: Application Assessment Panel Date: Tuesday 2 September 2008 Time: 3.00pm Item: D1 to D5

H:\Application Assessment Panel\AGENDAS\2008\sept2-08aapage.doc

Outline of Meeting Protocol & Procedure: • The Chairperson will call the Meeting to order and ask the Panel/Staff to present

apologies or late correspondence. • The Chairperson will commence the Order of Business as shown in the Index to the

Agenda. • At the beginning of each item the Chairperson will ask whether a member(s) of the

public wish to address the Panel. • If person(s) wish to address the Panel, they are allowed three (3) minutes in which to do

so. Please direct comments to the issues at hand. • If there are persons representing both sides of a matter (eg applicant/objector), the

objector speaks first. • At the conclusion of the allotted three (3) minutes, the speaker resumes his/her seat and

takes no further part in the debate unless specifically called to do so by the Chairperson. • If there is more than one (1) person wishing to address the Panel from the same side of

the debate, the Chairperson will request that where possible a spokesperson be nominated to represent the parties.

• The Chairperson has the discretion whether to continue to accept speakers from the floor.

• After considering any submissions the Panel will debate the matter (if necessary), and arrive at a resolution.

Note: Matters where there is a substantive change to the recommendation of the Council

Officer are referred to the next appropriate meeting of the Application Assessment Panel.

Note: Matters can be “called” from this Panel Meeting to the Development Control

Committee (DCC) by Councillors subject to the following requirements: - Calling requires one Councillor - A Councillor may call a matter by written or oral request by 3.00pm on the business day

preceeding the meeting at which the item is listed - A Councillor who is in attendance at the Application Assessment Panel meeting may

call a matter at any time prior to the completion of the meeting by orally advising the Panel Chairperson.


WOOLLAHRA MUNICIPAL COUNCIL

Notice of Meeting 25 August 2008 To: General Manager Director – Technical Services

Director – Planning & Development Manager – Compliance Manager – Strategic Planning

CC: The Mayor All Councillors

Application Assessment Panel Meeting – 2 September 2008 In accordance with the provisions of the Local Government Act 1993, I request your attendance at a Meeting of the Council’s Application Assessment Panel to be held in the Committee Room, 536 New South Head Road, Double Bay, on Tuesday 2 September 2008 at 3.00pm. Gary James General Manager

Woollahra Municipal Council Application Assessment Panel 2 September 2008


Meeting Agenda Part One of Two Parts

Item

Subject

Pages

1 2 3

Apologies Late Correspondence Declarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 26 August 2008 1

D2 DA672/2007 – 170 Queen Street, Woollahra – Alterations & additions including new garaging & extensions to shop & residence – 16/10/2007 *See Recommendation Page 3

2-67

D3 DA157/2007 Part 2 – 38 Goodhope Street, Paddington – Section 96 Application – Proposed modifications to raise skillion by 400m, air conditioning & enlargement of ground floor rear deck – 27/6/2008 *See Recommendation Page 77

68-84

D4 DA238/2008 – 57 New South Head Road, Vaucluse – Alterations & additions comprising of new swimming pool with storage area below, removal of a vehicular access & landscaping works – 28/4/2008 *See Recommendation Page 106

85-165



Meeting Agenda Part Two of Two Parts

Item

Subject

Pages

D5 DA802/2007 – 9 Village Lower Road, Vaucluse – Demolition of

existing dwelling & construction of new part two/part three storey dwelling including swimming pool – 30/11/2007 *See Recommendation Page 190

166-267


H:\Application Assessment Panel\AGENDAS\2008\sept2-08aapage.doc 1

Item No: D1 Delegated to Committee Subject: Confirmation of Minutes of Meeting held on 26 August 2008 Author: Les Windle, Manager - Governance File No: See Application Assessment Panel Minutes Reason for Report: The Minutes of the Meeting of Tuesday 26 August 2008 were

previously circulated. In accordance with the guidelines for Committees’ operations it is now necessary that those Minutes be formally taken as read and confirmed.

Recommendation: That the Minutes of the Application Assessment Panel Meeting of 26 August 2008 be taken as read and confirmed. Les Windle Manager - Governance

Woollahra Municipal Council 2 September 2008 Application Assessment Panel

H:\Application Assessment Panel\AGENDAS\2008\working agenda\D2.doc

APPLICATION ASSESSMENT PANEL SITE INSPECTION REPORT ITEM No. D2

FILE No. DA 672/2007

ADDRESS:

170 Queen Street WOOLLAHRA 2025

PROPOSAL:

Alterations and additions including new garaging and extensions to shop and residence

TYPE OF CONSENT:

Local Development

APPLICANT:

Mr C W Harvey & Mrs S B Harvey

OWNER:

Mr C W & Mrs S B Harvey

DATE LODGED:

16/10/2007

AUTHOR: Ms C Owen SITE INSPECTION The subject Development Application was considered by the Application Assessment Panel on Tuesday 19th August 2008. The panel resolved: “THAT Development Application No. 672/2007 for alterations and additions including new garaging and extensions to shop and residence, on land at No.170 Queen Street, Woollahra, be deferred and resubmitted to a future meeting of the Application Assessment Panel to allow the Panel to carry out a site inspection.” A site inspection in relation to this Development Application was conducted on Friday 22nd August 2008 with the following staff present: Present: Application Assessment Panel

T Tuxford (Manager – Customer Services & Marketing) (Chair) A Coker (Director – Planning & Development) C Bluett (Manager – Strategic Planing)

Staff: Caroline Owen (Assessment Officer) Applicant: Christopher Gillett

CONSIDERATION The AAP inspected the subject property from the existing first floor living space and the rear of the subject site. The AAP also viewed the subject site from the rear ground floor living area and first floor rear terrace of No. 172 Queen Street, east of the subject site.



Following the site inspection, the AAP formed the view there would be no benefit to the existing views from the rear balcony of No. 172 Queen Street in requiring a reduction in the depths of the proposed first floor rear extension and rear terrace. Therefore parts (a) and (b) of Condition C.1 have been deleted. The panel did determine however, that some existing views of the city skyline would be preserved by the reduction in height of the privacy screen along the northern side elevation of the first floor rear terrace. Therefore part (e) of Condition C.1 of the recommendation which required the reduction in height of the proposed privacy screen from 2m to 1.5m has been retained. The panel concluded that the proposed use of steel for the window, doors, balustrades and the proposed use of metal for the terrace privacy screen and window shutters would be acceptable considering the works are to a new rear addition and the context of the subject building. Therefore parts (d) and (e) of Condition C.1 have been deleted. The panel did however recommend a condition be imposed to ensure the colours of the metal windows, doors, balustrades, privacy screen and window shutters would be dark and recessive so as to comply with Objective O1 and Control C2 of Part 3.4.5 of the Woollahra Heritage Conservation Area DCP (see new part (b) of Condition C.1). RECOMMENDTIAON THAT the Council, as the consent authority, grant development consent to Development Application No. 672/2007 for alterations and additions including new garaging and extensions to shop and residence on land at 170 Queen Street, subject to the following conditions: A. General Conditions A.1 Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1

A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent.



AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: a. The collection of stormwater, b. The retention of stormwater, c. The reuse of stormwater, d. The detention of stormwater, e. The controlled release of stormwater; and f. Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: a. the use of land in connection with development, b. the subdivision of land,



c. the erection of a building, d. the carrying out of any work, e. the use of any site crane, machine, article, material, or thing, f. the storage of waste, materials, site crane, machine, article, material, or thing, g. the demolition of a building, h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or

excavation of land, i. the delivery to or removal from the site of any machine, article, material, or thing,

or j. the occupation of the site by any person unless authorised by an occupation

certificate. Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of

any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2

A.3 Approved Plans and supporting documents

Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition. Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved.

Reference Description Author/Drawn Date(s)

01/06, 02/06, 04/06, 05/06, & 06/06

Architectural Plans Christopher Gillett Design & Planning

Jul 2008

03/06 Architectural Plans Christopher Gillett Design & Planning

Sept 2007

A31009 BASIX Certificate Department of Planning 19 Mar 2008 Ref 6346 Traffic Report Colston Budd Hunt & Kafes P/L Aug 2006 A Arborist Report Australis Tree Management 17 May 2006

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council

stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section

80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A5

A.4 Ancillary Aspect of the Development (s80A(2) of the Act)

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense.



Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs.


A.5 Prescribed Conditions

Prescribed conditions in force under the Act and Regulation must be complied with. Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed

conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au

Standard Condition: A30 B. Conditions which must be satisfied prior to the demolition of any building or

construction B.1 Establishment of Tree Protection Zones

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas

Council Reference No:

Species Location Radius from Trunk (Metres)*

1 Platanus x hybrida London Plane Rear – North east corner 2m b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or

weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.

d) Existing soil levels must be maintained within Tree Protection Zones. Where

excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

e) Sediment control measures are to be installed around all Tree Protection Zones to

protect the existing soil levels. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes,

cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Standard Condition: B5



B.2 Construction Certificate required prior to any demolition

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC

125. Standard Condition: B1 C. Conditions which must be satisfied prior to the issue of any construction

certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail: a. The height of the privacy screen on the east elevation of the approved first floor

rear terrace must have a height of 1.5m above floor level, along the whole length of the terrace area.

b. The new metal framed windows and doors, balustrades, privacy screen and

window shutters must be recessive in colour to ensure they are appropriate to the context of the conservation area and comply with Control C2 of Part 3.4.5 of the Woollahra Heritage Conservation Area DCP Details of the colour, texture and substance of all external materials must be submitted to Council or the accredited certifier prior to the issue of a Construction Certificate and are to be to the satisfaction of an authorised Council assessment officer or the accredited certifier.

c. The existing paved loading bay area off Kilminster Lane must be retained as

existing, and the loading bay must be used for the loading and unloading of all goods relating to the ground floor retail use.

Note: The effect of this condition is that it requires design changes and/or further information to be

provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act.

Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this

condition unless the Certifying Authority is satisfied that the condition has been complied with. Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is

inconsistent with this consent. Standard Condition: C4



C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the Local Government Act 1993) The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically a. prior to the issue of a construction certificate, where a construction certificate is

required; or b. prior to the issue of a subdivision certificate, where only a subdivision certificate

is required; or c. prior to the issue of an occupation certificate in any other instance.

Description Amount Indexed Council Fee Code

LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986

Long Service Levy Use Calculator: http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm

Contact LSL Corporation or use

their online calculator

No

SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates.

$8,000 No T600

DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005

This plan may be inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au .

Development Levy $3,000 + Index Amount Yes, quarterly T94

INSPECTION FEES under section 608 of the Local Government Act 1993

Public Road and Footpath Infrastructure Inspection Fee $361 No T99

Security Administration Fee $168 No T16 TOTAL SECURITY, CONTRIBUTIONS,

LEVIES AND FEES $11,529.00

Plus any relevant indexed amounts and long service levy

Building & Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate.



Note: The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41.

How must the payments be made? Payments must be made by: a. Cash deposit with Council, b. Credit card payment with Council, or c. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by

Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;

c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and

d. the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005

Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:

a. the reasons given; b. whether any prejudice will be caused to the community deriving benefit from the public facilities; c. whether any prejudice will be caused to the efficacy and operation of this plan; and d. whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where:

a. the guarantee is by an Australian bank for the amount of the total outstanding contribution;



b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;



Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5

C.3 Road and Public Domain Works – Council approval required

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate. Specific works include: a. A full width vehicular crossing having a width of 7.6m in accordance with

Council’s standard drawing RF2. b. Removal of concrete obstruction in gutter adjacent to the existing garage

structure. Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition,

may impose one or more Infrastructure Works Bonds. Note: When a large RoadsAct is required, then four (4) weeks is to be allowed for assessment. Note: Road has the same meaning as in the Roads Act 1993.



Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Standard Condition: C13 C.4 Soil and Water Management Plan – Submission & Approval

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a. “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and b. “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists

consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications

can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ . Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this

matter. Standard Condition: C25

C.5 Stormwater discharge to existing Stormwater Drainage System (Clause 25(2)

WLEP 1995) The Construction Certificate plans and specifications required by clause 139 of the Regulation, must detail: a. the location of the existing Stormwater Drainage System including all pipes,

inspection openings, surface drains, pits and their discharge location, b. the state of repair of the existing Stormwater Drainage System, c. any remedial works required to upgrade the existing Stormwater Drainage System

to comply with the BCA, d. any remedial works required to upgrade the existing Stormwater Drainage System

crossing the footpath and any new kerb outlets, e. any new Stormwater Drainage System complying with the BCA, f. interceptor drain(s) at the site boundary to prevent stormwater flows from the site

crossing the footpath, g. any rainwater tank required by BASIX commitments including their overflow

connection to the Stormwater Drainage System, and



h. general compliance with the Council’s draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 23 August 2004)

Where any new Stormwater Drainage System crosses the footpath area within any road, separate approval under section 138 of the Roads Act 1993 must be obtained from Council for those works prior to the issue of any Construction Certificate. All Stormwater Drainage System work within any road or public place must comply with Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. Note: Clause F1.1 of Volume 1 and Part 3.1.2 of Volume 2 of the BCA provide that stormwater

drainage complying with AS/NZS 3500.3 Plumbing and drainage - Part 3: Stormwater drainage is deemed-to-satisfy the BCA. Council’s specifications apply in relation to any works with any road or public place.

Note: Stormwater Drainage Systems must not discharge to any Sewer System. It is illegal to connect

stormwater pipes and drains to the sewerage system as this can overload the system and cause sewage overflows. See: http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes.pdf

Note: Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works

dated January 2003 and Council’s draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 23 August 2004) can be downloaded from Council’s website: www.woollahra.nsw.gov.au

Standard Condition: C49 C.6 BASIX commitments

The applicant must submit to the Certifying Authority BASIX Certificate No A31009 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a

new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A

certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7 C.7 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.



Note: This condition is imposed to ensure that the existing structure structural is able to support the

additional loads proposed. Standard Condition: C35 C.8 Professional Engineering Details

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation.

Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate. Note: This does not affect the right of the developer to seek staged Construction Certificates

Standard Condition: C36 D. Conditions which must be satisfied prior to the commencement of any

development work D.1 Compliance with Building Code of Australia and insurance requirements under

the Home Building Act 1989 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.

This condition 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. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Note: This condition must be satisfied prior to commencement of any work in relation to the contract of

insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia.

Standard Condition: D1



D.2 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. “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.

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 116G of the Act, to comply with the technical provisions of the State’s building laws.” Note: PCA and principal contractors must also ensure that signs required by this clause are erected and

maintained (see clause 227A which imposes a penalty exceeding $1,000). Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner

builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation.


D.3 Toilet Facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a. must be a standard flushing toilet, and b. must be connected to a public sewer, or c. if connection to a public sewer is not practicable, to an accredited sewage

management facility approved by the council, or d. if connection to a public sewer or an accredited sewage management facility is

not practicable, to some other sewage management facility approved by the council.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.



In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.


D.4 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and c. “Managing Urban Stormwater - Soils and Construction” published by the NSW

Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists

consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications

can be down loaded free of charge from www.woollahra.nsw.gov.au. Note: A failure to comply with this condition may result in penalty infringement notices, prosecution,

notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the

occupier of premises at or from which any pollution occurs is taken to have caused the pollution” Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed.




D.5 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)

The erection of the building in accordance with this development consent must not be commenced until: a. a construction certificate for the building work has been issued by the consent

authority, the council (if the council is not the consent authority) or an accredited Certifier, and

b. the person having the benefit of the development consent has:

i. appointed a principal certifying authority for the building work, and ii. notified the principal certifying authority that the person will carry out the

building work as an owner-builder, if that is the case, and b1. the principal certifying authority has, no later than 2 days before the building

work commences: i. notified the consent authority and the council (if the council is not the

consent authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any

critical stage inspections and other inspections that are to be carried out in respect of the building work, and

b2. the person having the benefit of the development consent, if not carrying out the

work as an owner-builder, has: i. appointed a principal contractor for the building work who must be the

holder of a contractor licence if any residential building work is involved, and

ii. notified the principal certifying authority of any such appointment, and iii. unless that person is the principal contractor, notified the principal

contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

iv. given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.

Note: building has the same meaning as in section 4 of the Act and includes part of a building and any

structure or part of a structure. Note: new building has the same meaning as in section 109H of the Act and includes an altered portion

of, or an extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to,

an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement

forms can be downloaded from Council’s website www.woollahra.nsw.gov.au .



Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act.


D.6 Notification of Home Building Act 1989 requirements a. For the purposes of section 80A (11) of the Act, the requirements of this

condition 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.

b. 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:

i. in the case of work for which a principal contractor is required to be

appointed: • the name and licence number of the principal contractor, and • the name of the insurer by which the work is insured under Part 6 of

that Act,

ii. in the case of work to be done by an owner-builder: • the name of the owner-builder, and • if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit.

c. 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.

d. This clause does not apply in relation to Crown building work that is certified, in

accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

Standard Condition: D17 E. Conditions which must be satisfied during any development work E.1 Preliminary Environmental Site Assessment Report

The recommendations made within section 9 of the Preliminary Environmental Site Assessment Report No E20439F-RPT are to be adopted and adhered to during the development process.

E.2 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must:



a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway.

b. Not use the road or footway for the storage of any article, material, matter, waste or thing.

c. Not use the road or footway for any work. d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with:

a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and

all relevant parts of this set of standards. b. Australian Road Rules to the extent they are adopted under the Road Transport

(Safety and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to

close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not:

(a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain

activities only with the prior approval of the council including: Part C Management of Waste: “1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place.” Part E Public roads: “1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or

tackle projecting over the footway 2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as

to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”

Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.

Standard Condition: E7 E.3 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained:



a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note 1: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

E.4 Erosion and Sediment Controls – Maintenance

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”

published by the Southern Sydney Regional Organisation of Councils, 2001; and c) “Managing Urban Stormwater - Soils and Construction” published by the NSW Department of Housing 4th Edition (“The Blue Book”).

Where there is any conflict The Blue Book takes precedence.

Note 1: A failure to comply with this condition may result in penalty infringement notices, prosecution,

notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note 2: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the

occupier of premises at or from which any pollution occurs is taken to have caused the pollution”. Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution.

Standard Condition: E15

E.5 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003.



The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be

down loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24 E.6 Tree Preservation

All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s).

The Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 40mm

excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note: Trees must be pruned in accordance with Australian Standard AS 4373 – 2007 “Pruning of

Amenity Trees” and Workcover NSW Code of Practice Amenity Tree Industry 1998. Standard Condition: E8

E.7 Tree Preservation & Approved Landscaping Works

All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained:



Trees on Private Land


Species Location Dimension (Metres)

1 Platanus x hybrida London Plane Rear – North east corner 16 x 16 b) Hand excavation within tree root zone

To prevent damage to roots and compaction within the root zone, excavation undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 30mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 Pruning of amenity trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent) Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.

Council

Reference No: Species Location Radius from

Trunk (Metres)

1 Platanus x hybrida London Plane

Rear – North east corner 5m

c) Level changes in the vicinity of trees

No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones.

Council

Reference No: Species Location Radius from

Trunk (Metres)

1 Platanus x hybrida London Plane

Rear – North east corner 5m

E.8 Compliance with Australian Standard for Demolition

Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.




E.9 Requirement to notify about new evidence Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority.

Standard Condition: E4 E.10 Critical Stage Inspections

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the

PCA be satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates,

survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.

Standard Condition: E5 E.11 Hours of Work –Amenity of the neighbourhood

a. No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack

hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.

e. No rock excavation being cutting, boring, drilling, breaking, sawing, jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.

This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including

trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.



Note: Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution.

Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject

to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.

Note: Compliance with these hours of work does not affect the rights of any person to seek a remedy to

offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.

Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf

Standard Condition: E6 E.12 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported

land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of

land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as

follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.

Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council

does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993.


E.13 Disposal of site water during construction The principal contractor or owner builder must ensure:



a) Prior to pumping any water into the road or public stormwater system that

approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations

Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;

c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely

affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.

Standard Condition: E17 E.14 Placement and use of Skip Bins

The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local

Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may

lawfully park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Waste storage containers must not be located on the footpath without a site specific activity

approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards.

Standard Condition: E21 E.15 Prohibition of burning

There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area. Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000

all burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.

Standard Condition: E22 E.16 Dust Mitigation

Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils.

This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used.



c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as

soon as practically possible to minimise dust. Note 1: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site

www.woollahra.nsw.gov.au or obtained from Council’s office. Note 2: Special precautions must be taken when removing asbestos or lead materials from

development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.

Note 3: Demolition and construction activities may affect local air quality and contribute to urban air

pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution.

Standard Condition: E23 F. Conditions which must be satisfied prior to any occupation or use of the building

(Part 4A of the Act and Part 8 Division 3 of the Regulation) F.1 Commissioning and Certification of Public Infrastructure Works

The principal contractor or owner builder must submit, to the satisfaction of Woollahra Municipal Council, certification from a professional engineer that all public infrastructure works have been executed in compliance with this consent and with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003.

The certification must be support by closed circuit television / video inspection provided on DVD of all stormwater drainage together with works as executed engineering plans and a survey report detailing all finished reduced levels.

Standard Condition: F9 F.2 Fire Safety

Pursuant to clause 94 of the Environmental Planning and Assessment Regulation 2000 Council as the consent authority requires the building to be brought into partial conformity with the Building Code of Australia as the measures contained in the building are inadequate to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and to restrict the spread of fire from the building to other buildings nearby.

a. A smoke detection and alarm system shall be installed within the building in

accordance with the requirements of Specification E2.2a of the Building Code of Australia 2007, AS 3786 OR AS1670

b. The doorway serving the Class 4 part shall be protected in accordance with Part C3.11 of the Building Code of Australia and provided with a self closing - /60 /30 Fire Door.



c. The Class 4 part shall be fire separated from the remainder of the building in accordance with the requirements of Part C1.1. Of the Building Code of Australia.

d. Portable fire extinguishers shall be installed within the building as required by AS 2444-2001

F.3 Occupation Certificate (section 109M of the Act)

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: New building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

No relevant conditions. H. Conditions which must be satisfied prior to the issue of a Final Occupation

Certificate (s109C(1)(c)) H.1 Road Works (including footpaths)

The following works must be completed to the satisfaction of Council, in compliance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense: a. stormwater pipes, pits and connections to public stormwater systems within the

road; b. driveways and vehicular crossings within the road; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road; e. new or replacement street trees; f. new footway verges, where a grass verge exists, the balance of the area between

the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

g. new or reinstated kerb and guttering within the road; and h. new or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until

compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service centre.

Standard Condition: H13



H.2 Fulfillment of BASIX commitments – Clause 154B of the Regulation All BASIX commitments must be effected in accordance with the BASIX Certificate No. A31009. Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A

certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7 I. Conditions which must be satisfied during the ongoing use of the development I.1 Noise Control

The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997. Reason: This condition has been imposed to protect the amenity of the neighbourhood. Note: Council will generally enforce this condition in accordance with the Noise Guide for Local

Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links: Community Justice Centres—free mediation service provided by the NSW Government (www.cjc.nsw.gov.au). Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise). New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au). Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Department of Gaming and Racing - (www.dgr.nsw.gov.au).

Standard Condition: I50 I.2 Noise from mechanical plant and equipment

Noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary. Reason: This condition has been imposed to protect the amenity of the neighbourhood.



Note: Words in this condition have the same meaning as in the:

NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) ISBN 1741370671, dated December 2004. Standard Condition: I53

J. Miscellaneous Conditions

No relevant conditions. K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws are also a criminal offence. Where there is any breach Council may without any further warning: • Issue Penalty Infringement Notices (On-the-spot fines); • Issue notices and orders; • Prosecute any person breaching this consent; and/or • Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal

offence being recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1



K.2 Fire Safety Schedule

The Principal Certifying Authority shall submit to Council a fire safety schedule indicating fire safety measures to be installed within the building. The fire safety schedule shall be submitted with the notice of proposed commencement required by (s) 81A of the Environmental Planning and Assessment Act 1979 no later than 2 days prior the beginning of any work. A copy of the final fire safety certificate shall be submitted to the Council with the occupation certificate and then also to the Commissioner of the New South Wales Fire Brigades and displayed within the building as soon as practical after the completion of the works. Within 12 months after the final fire safety certificate is issued an annual fire safety statement dealing with each essential fire safety measure in the building shall be submitted to council, the Commissioner of the New South Wales Fire Brigades and displayed in the building in accordance with the requirements of Clause 177 of the Environmental Planning and Assessment Regulation 2000.

K.3 Commonwealth Disability Discrimination Act 1992 (“DDA”)

The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”): • http://www.hreoc.gov.au/index.html • http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3

K.4 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html .



The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5 K.5 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.

Standard Condition: K6 K.6 Workcover requirements

The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.

Note: Further information can be obtained from Workcover NSW’s website:

http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7

K.7 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact: Caroline Owen, Assessment Officer on (02) 9391 7150



However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

Standard Condition: K14 K.8 Release of Security

An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act. The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from

http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15 K.9 Recycling of Demolition and Building Material

It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17



K.10 Owner Builders Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au.

Standard Condition: K18

Ms C Owen Mr G Fotis Assessment Officer Team Leader- Development Control Annexure: Development Assessment Report submitted to the Application Assessment

Panel on Tuesday 19th August 2008 2004.

DA 157/2007/2 Application Assessment Panel 38 Goodhope Street PADDINGTON 2 September 2008

H:\Application Assessment Panel\AGENDAS\2008\working agenda\D3.doc 1

SECTION 96 APPLICATION ASSESSMENT REPORT ITEM No.

D3

FILE No. DA 157/2007/2

ADDRESS:

38 Goodhope Street PADDINGTON

EXISTING CONSENT: Local Development TYPE OF CONSENT: Local Development

DATE OF CONSENT: 19 September 2007

PROPOSED MODIFICATION:

Section 96 modification consisting of but not limited to the following: raised skillion by 400m, air conditioning and enlargement of ground floor rear deck

DATE S96 LODGED: 27/06/2008

CONSENT AUTHORITY

Woollahra Municipal Council

APPLICANT: Miss K G Albert

OWNER: Miss K G Albert

AUTHOR: Ms L Northridge

LOCALITY PLAN

Subject Site Objectors

North

Locality Plan



1. SUMMARY Reason for report In accordance with Council’s delegations, this matter is referred to the AAP as one (1) unresolved objection has been received. Issues

• Air conditioning • Trees • Heritage • Privacy

Objections 1 objection was received. Recommendation The application is recommended for approval because it: 1. Is permissible within the zone; 2. Complies with the relevant planning standards contained within WLEP 1995 and RDCP 2003; 3. Is of appropriate design for the site; 4. Will not have adverse effects on the amenity of adjoining properties such that refusal is justified. 2. DESCRIPTION OF APPROVED PROPOSAL Ground Floor:

• Internal alterations to the existing lounge for the accommodation of a bathroom, laundry and stair

• Internal alterations and additions to the existing kitchen and dining for the accommodation of a dining with bi-fold to a courtyard, extended living area and kitchen.

• Extension for the accommodation of a balcony and a deck to the rear of the subject site with a water tank below

• Removal of an existing tree located along the northern boundary First Floor:

• Internal alterations and additions to the existing Bed 2 and 3 and replacement with Bedroom, bathroom, WC and circulation stair

• Proposed juliette balcony to Bed 2 • Demolition of the existing balcony to proposed bathroom

Loft:

• Conversion of the internal roof space to an attic for the accommodation of Bed 3, circulation stair and dormer



3. DESCRIPTION OF PROPOSED MODIFICATION The proposed modifications are for the following works:

• The approved deck to the rear is to be changed to a tiled terrace and the approved stairs are to be repositioned. It has also been proposed to lower the rear ground floor balcony area by 365mm to RL 29.105;

• New air conditioning unit to the light-well courtyard; • New window opening to the southern elevation at first floor level; • The existing French doors are to be changed to a window and the approved balcony at first

floor level is to be deleted; • The rear skillion roof form at ground floor level is to be raised by 400mm; • Deletion of the rainwater tank; • Deletion of first floor extension on the southern side of the site in accordance with

Condition C.1(a) of the approved development. 4. DESCRIPTION OF SITE AND LOCALITY

The site is located towards the end of Goodhope Street, between Glenmore Road and Lawson Street. The subject site is generally rectangular in shape with a total site area of 212.9m². The site falls approximately 2.5m from the front to the rear boundary. There are significantly sized trees and vegetation on the subject site and adjoining properties.The subject property is a Victorian terrace which is one of a group of four terraces. The group includes 36, 38, 40 and 42 Goodhope Street, Paddington. The subject dwelling has had its render removed to the front and back and has a high brick fence fronting Goodhope Street.

The site is located within the Paddington Conservation area. The character of the of the precinct is best described as having a “variable and intricate street, lane and pedestrian network, a land use character which is predominantly residential but which also contains a mix of shops and hotels, many of which are located on corners, some commercial buildings and a few remaining light industrial and warehouse style buildings”.

5. PROPERTY HISTORY There is no relevant property history. 6. REFERRALS 6.4 Heritage Regard should be given to the whether the raising of the side sloping skillion ground floor roof by 400mm will impact on the characteristics of the row. 6.7 Landscaping/Trees Management The application was referred to Council’s Landscape Officer the following comments were received: I refer to the following documents received for this report:



• Covering letter from GWS Constructions, dated 4 August 2008 – Subject: excavations for footings adjacent to tree standing on 36 Goodhope St.

• Architectural Drawing No. S.96.2001 to S.96.2004, drawn by Home Improvements Design Group, dated June 2008

• Arborists Report, written by Arborcraft, dated 6 August 2008 A site inspection was carried out on the following day: 21 August 2008. ISSUES

Excavations for footings adjacent to tree Low horticultural value of impacted tree

COMMENTS Excavations As has been previously advised by Tree & Landscape section, excavations at the rear of this site have the potential to impact on the root system of an Ailanthus tree standing within the rear of the adjoining property at 36 Goodhope St. Had the normal process of assessment been followed, I would have advised that a Root Mapping report be supplied for excavation works adjacent to the tree. During my site inspection I noted that the excavation works have already been undertaken. Horticultural value of tree The subject tree is a Ailanthus altissima Tree of Heaven. This species of tree is close to weed status and is not protected by Woollahra Council Tree Preservation Order. However, I believe that the Council has an obligation to respect the owners right to cultivate the tree if they choose to do so. This particular specimen is not of good form and has been impacted by previous poor quality pruning events. It does not warrant an elevated level of care. RECOMMENDATIONS It is not possible to correct whatever damage may have been done to the root system of the tree. Any alterations to the completed works would possibly represent additional negative impacts to the tree. In terms of landscape, I recommend that the existing completed footings are left in place. I have no objection to the Section 96 proposal. Comment: Satisfactory.

ASSESSMENT UNDER S96 7.3 S96 (2) Other modifications This proposal is assessed under Section 96(2) of the Act as the potential environmental impact associated with the proposed modifications must be assessed.



7.5 Substantially the same development Section 96(2)(a) of the Environmental Planning and Assessment Act 1979 requires Council as the consent authority to be satisfied that the development to which the consent as modified relates to substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified. The modifications will result in substantially the same development with the exception of the air conditioning unit that did not form of the approved development. A condition of consent has therefore been recommended that requires the air conditioning unit to be deleted from the proposal.

ENVIRONMENTAL ASSESSMENT UNDER S.79C 8. STATE/REGIONAL INSTRUMENTS AND LEGISLATION 8.1 SEPPs State Environmental Planning Policy No. 55 The subject land is currently used for residential purposes. Furthermore there is no evidence before Council to suggest that the land has been used for any non-residential purpose. Consequently, the possibility of the land being contaminated is substantially reduced. Therefore Council can be reasonably satisfied that the land is not contaminated such that remediation would be required. There are no other SEPPs relevant to the subject application. 8.2 REPs Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration in relation to this DA. 8.3 Additional Section 94 Contribution N/A 8.4 Other legislation N/A 9. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 9.1 Aims and objectives of WLEP 1995 and zone The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the zone.



9.2 Statutory compliance table Site Area (212.9m²) Approved

Development Proposed

Modification Control Complies

Overall Height (metres) 10.7m 5.4m 9.5m YES

9.4 Height The proposed modifications do not exceed the maximum statutory height limit and are considered acceptable in this regard. 9.7 Other special clauses/development standards Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18. Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2). Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid sulfate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: The subject site is not a listed heritage item however it is located within the Paddington Heritage Conservation Area. The proposed development is acceptable in terms of the relevant heritage provisions of the WLEP. 10. DRAFT AMENDMENTS TO STATUTORY CONTROLS 11. DEVELOPMENT CONTROL PLANS



11.1 Compliance table - Paddington Development Control Plan Site Area (212.9m²) Approved

Development Proposed

Modification Control Complies

Height of Rear Addition to Two Storey Building (metres)

Below Gutter Line of Main Roof Over Existing Building



YES

Private Open Space – Total (m²) • Site Area ≤100m² • Site Area >100m²

35% 35%

10% site area 16% site area

YES

Private Open Space – Principle Area • Site Area ≤100m² • Site Area 101m² – 179m² • Site Area ≥180m²

>35m² >3m

>35m² >3m

10m² dimension, 3m

Min 15m² dimension, 3m

Min 35m² dimension, 3m Min

YES

Deep Soil Landscaping – Dwelling • Site Area ≤100m² • Site Area 101m² – 179m² • Site Area ≥180m²

19.7%

19.7%

5m²

8% of site area 12% site area

YES

Setback from Significant Mature Trees 1.4m 1.4m 3.0m Min from the base of the tree NO*

Principle building form and street front zone of significant buildings (Part 4.1.1) There are no modifications to the street front zone. Rear elevations, rear additions, significant outbuildings and yards (Part 4.1.3) The proposed modifications proposes to raise the roof of the approved rear extension at ground floor level by 400mm, this is considered acceptable as there will be no impact on the shared characteristics of the row of terraces as both rear wings on either side of the property have been altered and do not contain a shared rear skillion form at ground floor level. Roofs and roof forms (Part 4.1.4) The approved roof forms will not be altered by the proposed development with the exception of the raising the ground floor rear skillion. This has been discussed above in the rear elevations, rear additions, significant outbuildings and yards of this report. Site coverage, setbacks and levels (Part 4.1.5) The approved site coverage and setbacks are proposed to be maintained. However, the proposed balcony will be reduced in level by 365mm; this change in level is of minor nature and will not result in any adverse impacts on the amenity of surrounding properties. Excavation (Part 4.1.5) The proposed modifications will only result in a minor amount of excavation works to allow for the masonry terrace. These works are considered acceptable in terms of Part 4.1.5 of the PDCP.



Open space, swimming pools, lightwell courtyards and landscaping (Part 4.1.7) The proposed S96 application will not result in any changes to the approved private open space or deep soil landscaping. Council’s landscape officer has considered the proposed modifications would be acceptable in terms of impacts on surrounding trees. Building height, bulk, form and scale (Part 4.1.8) The proposed modification will not result in any increases to the overall size of the development with the exception of a 400mm increase to the height of the rear skillion roof at ground floor level. This increase to the height will not adversely affect the amenity of surrounding properties in terms of solar access as both adjoining properties project beyond the rear building alignment of the subject property. In addition this S96 application has deleted the first floor extension on the southern side of the site to accord with Condition C.1 (a) of the approved development. Condition C.1 (a) can now be deleted, this condition states the following:

The first floor extension encroaching upon the existing breezeway (southern elevation) to Bedroom 2 is to be deleted.

Views (Part 4.1.9) The proposed modifications will not result in the loss of any views from the private or public domain. Acoustic and visual privacy (Part 4.1.10) The proposed new window opening to the southern elevation will overlook a blank wall at No. 36 Goodhope Street, therefore this new window is not considered to adversely affect the visual privacy of this property. The only other change to the fenestration relates to the new window to the rear elevation at first floor level, this window reduces the size of the existing opening as it will replace existing French doors. There will a minor decrease to the level of the approved balcony (this balcony adjoins the approved deck) at ground floor level and a minor increase to the overall size to this deck due to the repositioning of the stairs. These changes to the rear deck/balcony are of a minor nature and are not considered to adversely affect the visual or acoustic privacy of surrounding properties. The proposed air conditioning unit has been deleted from this proposal (refer to Condition A6). Stormwater management (Part 4.1.12) No changes to the approved stormwater arrangements have been proposed with the exception of the deletion of the water tank. As the water tank is to be deleted Condition C.1 (c) of the approved development can be deleted. This condition states the following:

The proposed water tank is to be relocated to the northern boundary below the deck and the stairs to minimise impacts on the existing tree at No. 36 Goodhope Street.

Water conservation (Part 4.1.13) No changes to the approved water conservation arrangements have been proposed with exception of the deleted water tank.



Energy efficiency (Part 4.1.14) The proposed modifications would be acceptable in terms of Part 4.14 of the PDCP. Windows, doors and shutters and security (Part 4.2.3) The proposed modified development involves the provision of a new window opening to the southern elevation and the replacement of the existing French doors to the rear elevation with a new window. These modifications are considered acceptable as the new windows will reflect traditional proportions and arrangements and have been conditioned to be timber framed (refer to Condition C.1 (b)). Verandahs and balconies (Part 4.2.4) The proposed modifications involve the removal of the approved first floor balcony to the rear elevation and the replacement with a new traditionally proportioned window. These changes are considered acceptable in terms of Part 4.2.4 of the PDCP. Satellite dishes, solar devices, air conditioning units, aerials and site facilities (Part 4.2.7) A new air conditioning unit has been proposed as part of this S96 application. As this air conditioning unit did form part of the approved development the air conditioning unit would not constitute substantially the same development, thus a condition of consent has been recommended that requires the air conditioning unit to be deleted (refer to Condition A.6). Materials, finishes and details (Part 4.2.8) The proposed modifications are considered to acceptable in terms of Part 4.2.8 of PDCP. Exterior colours (Part 4.2.9) No changes to the exterior colours have been proposed. 11.3 Woollahra Access DCP The Access DCP applies to all classes of building and includes alterations and additions. This proposal is for alterations and additons. The Access DCP encourages rather than requires, visitor access for older people or people with a disability for class 1a buildings were no more than 4 dwellings are proposed. Access has not been provided in this proposal, however this is considered to be acceptable under the provisions of the DCP. Other DCPs, codes and policies There are no other DCP, codes or policies relevant to the proposed development. APPLICABLE REGULATIONS Clause 92 of the EP&A Regulation 2000 requires Council to consider Australian Standard AS2601-1991: the demolition of structures. It also requires compliance with this standard by condition of consent.



Clause 94 EP&A Regulation 2000 applies to the rebuilding, alteration or enlargement of a building where the measures contained within the building are inadequate to protect the persons using the building and to facilitate their access from the building in the event of fire, or to restrict the spread of fire from the building to other buildings in the vicinity. Subject to the installation of smoke alarms (Part 3.7 BCA) the premises are considered to be at an acceptable level of fire safety. 13. THE LIKELY IMPACTS OF THE MODIFIED DEVELOPMENT All likely impacts of the proposal have been assessed in the body of this report. 14. SUBMISSIONS The proposal was advertised and notified in accordance with the regulations and in accordance with the Council’s Advertising and Notifications DCP. 1 submission was received from: Wendy Doyle 36 Goodhope Street, Paddington The objections raised the following issues:

• Loss of privacy from new window opening to the southern elevation at first floor level Comment: This issue has been addressed by the windows, doors and shutters and acoustic and visual privacy sections of this report. • Raising of the ground floor roof by 400mm (potential drainage problems) Comment: Condition C.6 of the approved development requires the development to adequately drained, this condition will be retained. It should be noted that the proposed S96 application does not propose to extend the building on the southern side. • Air condition unit Comment: The proposed air conditioning unit is required to be deleted by Condition A6. • The change from decking to concrete will increase stormwater concentration and

prevent absorption into the soil below Comment: The proposed development provides well in excess of the minimum deep soil landscaping requirements and is therefore considered acceptable in terms of onsite detention of stormwater.

• The repositioning of the stair will result in an increased use of the terrace resulting in

loss of privacy Comment: This has been addressed above in the acoustic and visual privacy section of this report. • The change in the level between the balcony and the terrace area Comment: It has been proposed to reduce the level of the balcony by 365mm to provide a level terrace area; the change in level is of a minor nature and will not result in any adverse impacts on amenity of surrounding properties.



• The modifications will result in a increase in depth to the terrace resulting in loss of privacy

Comment: This has been addressed above in the acoustic and visual privacy section of this report.

15. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under S96 and S79C and would be in the public interest. 16. RECOMMENDATION: Pursuant to Section 96 of the Environmental Planning and

Assessment Act, 1979 THAT Council, as the consent authority, modify development consent to Development Application No. 157/2007 part 2 for dwelling house on land at 38 Goodhope Street Paddington, in the following manner: The following conditions are added: A.5 Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the use and works in accordance with the approved plans and supporting documents listed in the original consent, as amended by the amended approved plans and supporting documents as submitted by the Applicant and to which is affixed a Council stamp “Approved Plans” listed below otherwise than modified by further condition(s). Where the plans relate to amendments, alterations or additions only those works shown in colour or highlighted are approved.


S96.2002 to 2004 Architectural Plans Home Environment June 2008 Note: These plans and supporting documentation may be subject to conditions modifying the development

imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.) Standard Condition: A6

A.6 Development Consent is not granted in relation to these matters

This approval does not give consent to the proposed air conditioning unit to be installed in the lightwell courtyard. A separate Development Consent or Complying Development Certificate and Part 4A Certificates, as appropriate, will need to be obtained prior to the such development work commencing.

Standard Condition: A9 Condition No. C.1 is deleted and replaced with the following: C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail:



a. Light weight privacy screens to 1.7m high above the deck are required along the

northern and southern boundary to the extent of the proposed deck to maintain the acoustic and visual privacy currently afforded to the adjoining properties.

b. To protect the character and appearance of the Paddington Conservation Area the proposed new first floor windows to the rear wing shall be timber framed.

Note: The effect of this condition is that it requires design changes and/or further information to be provided

with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act.

Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition

unless the Certifying Authority is satisfied that the condition has been complied with. Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with

this consent. Standard Condition: C4

Ms L Northridge Mr G Fotis ASSESSMENT OFFICER TEAM LEADER ANNEXURES

1. Plans and elevations 2. Landscape officer referral.

DA 238/2008/1 Application Assessment Panel 57 New South Head Road VAUCLUSE 02 September 2008


DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. D4

FILE No. DA 238/2008

57 New South Head Road, VAUCLUSE Lot & DP No.: LOT: 4 DP: 9395 Side of Street: Southern side of New South Head Road Site Area (m²): 1149

PROPERTY DETAILS

Zoning: Residential 2(a)

PROPOSAL:

Alterations and additions comprising of a new swimming pool with storage area below, the removal of a vehicular access, and landscaping works

TYPE OF CONSENT:

Local

APPLICANT:

Mr H R Dowling

OWNER:

Mr H R & Mrs K G Dowling

DATE LODGED:

28/04/2008

AUTHOR:

Ms E Smith

1. RECOMMENDATION PRECIS The application is recommended for approval. 2. PROPOSAL PRECIS The proposal is for alterations and additions comprising of a new swimming pool with storage area below, the removal of a vehicular access, and landscaping works.



3. LOCALITY PLAN

Subject Site Objectors

North

Locality Plan

4. DESCRIPTION OF PROPOSAL The application proposes alterations and additions including the insertion of a new pool. Specifically the works proposed involve the following:

• the removal of an existing vehicular access from Captain Pipers Road. The access will be in-filled with a new masonry retaining (front) wall to match the existing boundary wall

• a new pedestrian gate to the Captain Pipers Road frontage • the removal of the existing retaining wall and driveway and the insertion of a new lawn • an underground rainwater tank • new garden walls and access steps • a new cantilevered swimming pool with a 1.2m high glass pool fence • a storage area, which is to be located below the proposed swimming pool. The storage area

would be accessed by a cedar slat door and stone terrace • new wrought iron gates to the northern boundary • the existing stone retaining wall to the northern boundary is to be stabilised • repairs and alterations to the existing pedestrian steps to the eastern boundary with an

extension of the steps to provide access to the proposed storage area • new retaining walls to form terraced planter beds (New South Head Road frontage)



5. SUMMARY

Reasons for report Issues Submissions The DA does not satisfy the criteria for determination under staff delegation as objectors concerns have not been met.

ancillary development size and location front setback visual privacy excavation works vehicular access streetscape objector’s concerns

Three submissions were received objecting to the proposal.

6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work. The stated cost of the proposed development at $100,000 has been checked using this criteria and is considered to be accurate. 7. DESCRIPTION OF SITE OF LOCALITY

Subject Site



THE SITE AND LOCALITY

Physical features The subject site is located on the southern side of New South Head Road and is rectangular in shape with splayed front and rear boundaries. The site has a varying width of 18.2m-19.2m and a varying depth of 62.3m-63.8m, with an area of 1149m2.

Topography

The site falls approximately 2.2m from the centre of the site to Captain Pipers Road to the south and approximately 6.4m from the centre of the site to New South Head Road to the north. The section of garden which immediately fronts New South Head Road is steeply sloped and contains several retaining walls.

Existing buildings and structures

The site is occupied by a two-storey detached dwelling. A detached garage with a studio above is located within the site to the south of the dwelling. The site has two vehicular access points from Captain Pipers Road.

Environment The locality is characterised by one, two and three storey residential development.

Photo 1: Subject site Captain Pipers Road Frontage

Photo 2: Subject site New South Head Road Frontage

Photo 3: Subject site New South Head Road Frontage



Photo 4: No.’s 63, 61 and 59 New South Head Road

Photo 5: No. 53 New South Head Road

8. PROPERTY HISTORY

PROPERTY HISTORY Current use A single residential dwelling Previous relevant applications • DA 739/2001 for the demolition of a driveway and the erection of a

garage/pool structure, front fence and gatehouse was refused on 09.01.2008. The application was refused on the grounds of: streetscape, overshadowing and overlooking.

• DA 1174/2001/1 for alterations and additions to the existing dwelling house was approved on 09.07.2002. Three subsequent S96 applications have been granted consent.

• DA 424/2002 for a new swimming pool located within the New South Head Road frontage was approved on 01.10.2002

• DA 794/2003 for alterations and additions was approved on 24.11.2003 • DA 502/2007 for alterations and additions was approved on 27.09.2007

Pre-DA for the current proposal No. Requests for additional information 1) On the 30.04.2008, the following information was requested:

- coloured elevations 2) On the 22.05.2008, the following information was requested: - a floor plan of the proposed storage area - a relevant statement of environmental effects 2) On the 03.06.2008, the following information was requested: - a correctly scaled survey

Amended plans/ Replacement Application

1) On the 22.05.2008, the following information was received: - coloured elevations - a relevant statement of environmental effects 2) On the 29.05.2008, the following information was received: - a floor plan of the proposed storage area 3) On the 06.06.2008, the following information was received: - a correctly scaled survey

Land & Environment Court appeal No.



9. REFERRALS 9.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS Referral Officer Comment Annexure

Landscaping Officer The proposal is satisfactory in terms of tree preservation and landscaping, subject to the inclusion of the following conditions: A3, B2, C2, C6, E7, E8, E9, E10, E11, F2, H2, H6, I2

2

Property Officer

The development application was referred to the Property Officer as the proposal encroaches on Council land. The proposal includes the extension of a wall which is located on the southern boundary. The survey submitted with the application clearly shows that the existing wall encroaches upon Council Land. As the proposed section of wall aligns with the existing wall it will also encroach upon Council land. Council’s Property Officer has determined that the proposal is satisfactory, subject to the inclusion of the following condition: A6 and advising K13

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Development Engineer The proposal is satisfactory in terms of Technical Services concerns, subject to the inclusion of the following conditions: A3, C2, C4, C5, C8, C9, D2, D6, E6, E12, E13, E14, E15, F3, H4

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9.2 External referrals. No external referrals required.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2007 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. A31767 committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000. State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the previous uses of the site indicates that the land is unlikely to be contaminated and as such further consideration under clause 7 (1) (b) and (c) of SEPP 55 is not required.



10.2 REPs Sydney Regional Environmental Plan The land is within the Sydney Harbour Catchment, but is outside the Foreshores and Waterways Area. Therefore there are no specific matters for consideration in relation to this development application. 10.3 Section 94 contribution Not applicable. 10.4 Other relevant legislation No other legislation is applicable to this application. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the 2(a) zone, subject to conditions. 11.2 Statutory compliance table Site Area: 1149m² Existing Proposed Control Complies

Overall Height 9.73m 5.1m 9.5m YES

11.3 Height The proposed alterations and additions are a maximum height of 5.1m. This complies with the maximum height control of 9.5m which applies to the site. 11.4 Other special clauses/development standards Clause 18 Excavation: The provisions of Clause 18 require Council, when considering a development application involving excavation, to have regard to how that excavation may temporarily or permanently affect: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process, and (b) public safety, and (c) vehicle and pedestrian movements, and (d) the heritage significance of any heritage item that may be affected by the proposed excavation

and its setting; and (e) natural landforms and vegetation, and (f) natural water runoff patterns.



The extent of excavation associated with the proposal includes the following: • excavation for the proposed swimming pool, store room and terrace to a maximum depth of

6.3m. The area of excavation is approximately 114.5m2 and the volume of excavation works is approximately 375.6m2.

• excavation for the footings for the proposed garden walls and retaining walls C5.2.16 of WRDCP 2003 stipulates that excavation is required to be setback a minimum of 1.5m from all boundaries. The excavation associated with the proposal involves the following non-compliance: the proposed excavation works for the staircase will be setback by 1.2m from the eastern

boundary for a maximum length of 1.4m; a maximum non-compliance of 0.3m the proposed excavation works for the terrace will be set back 0.0m from the northern boundary

for a maximum length of 4m; a non-compliance of 1.5m Having regard to the above-mentioned heads of consideration, the following comments are made in relation to the impact of the proposed excavation upon the local environment: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process, and The maintenance of the amenity of the neighbourhood in terms of minimising noise, vibration and dust is addressed by Conditions: C8, D2, D6, E6, E12, E13, E17 and E19 requiring: geotechnical and hydrogeological design - certification & monitoring, dilapidation reports for existing buildings, erosion and sediment controls – installation, maintenance of environmental controls, compliance with geotechnical/hydrogeological monitoring program, erosion and sediment controls – maintenance, support for adjoining land and buildings and dust mitigation. Subject to the above-mentioned conditions, the amenity of the adjoining residential properties will be maintained. (b) public safety, and (c) vehicle and pedestrian movements, and Issues relating to public safety and pedestrian movements during the excavation phase are inter-related and are addressed by Conditions D3 and E6 requiring site fencing and maintenance of vehicular and pedestrian footpath access. Subject to the above mentioned conditions, the safety of the public will be maintained. (d) the heritage significance of any heritage item that may be affected by the proposed excavation and its setting; and Any heritage items in the vicinity of the site are located beyond the zone of influences associated with the proposed excavation and will not be adversely affected in this instance. (e) natural landforms and vegetation, and The proposed development is considered acceptable with regards to the impact it will have upon the existing natural landform and vegetation for the reasons set out below:

• the proposal involves excavation over an area of approximately 114.5m2, with a volume of excavation of approximately 375.6m2, which in the context of the plot size (1149m2) is less than 10% of the site area.

• subject to condition C1a, which would reduce the RL of the swimming pool and terrace by 0.67m, the proposed pool, storage area and terraced planter beds would not unreasonably alter the existing topography of the site. This can be see in the diagram below.



• the planter beds will largely screen the proposed swimming pool and store from the public domain and will sufficiently maintain the existing stepped topography of the site

• the proposal includes the removal of five trees which are located within New South Head Road frontage. The proposal will retain the landscape character of the area through the retention of the existing mature avocado tree and the proposed replacement landscaping. This includes thirteen trees (8 x Lilly Pilly and 5 x Ivory Curl Tree) along with significant shrub planting.

• the siting, scale and height of the proposed swimming pool structure would be in keeping with the existing pattern of development, which is characterised by ancillary structures such as swimming pools, garages and terraces located within the front setback. Notably, similar swimming pools are located at No. 55 and No. 63 New South Head Road.

• subject to Conditions: A3, B2, C2, C6, E7, E8, E9, E10, E11, F2, H2, H6 and I2, which have been included in the recommendation the significant trees and landscaping will be either retained or replaced.

Figure 1: Eastern elevation of the proposed pool structure, subject to conditions C1a. (f) natural water runoff patterns. Council’s Development Engineer has assessed the proposal and considers the stormwater and run-off to be satisfactory Subject to the above-mentioned condition, the excavation associated with the proposal is considered to be satisfactory with regard to the provision of Clause 18 of WLEP 1995. Clause 24 Land adjoining public open space: The proposal would not adversely impact upon the area of public open space to the north of the site. The proposal is acceptable in terms of Clause 24(2). Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of acid Sulfate soils under clause 25D of Woollahra LEP 1995.



Clauses 26-33 Heritage and conservation area provisions: The subject site is not a heritage item or located within a heritage conservation area. There is a bus shelter/former tram stop which is designated as a heritage item, within the vicinity of the site at the junction of New South Head Road and Captain Pipers Road. The proposal is acceptable in terms of Clause 26-33 of the WLEP as the development is separated by a sufficient distance from the heritage item to prevent any detrimental impacts. 12. DRAFT AMENDMENTS TO STATUTORY CONTROLS Woollahra Local Environmental Plan 1995 (Amendment No. 60) Draft Amendment No. 60 to the WLEP was placed on exhibition from Friday 11 May 2007 to Friday 22 June 2007. The Draft Amendment to the WLEP is not applicable to this proposal. 13. DEVELOPMENT CONTROL PLANS 13.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003 Site Area (1149m²) Existing Proposed Control Complies

Building Boundary Setbacks Front (North) N/A

6.15m

4.3m YES

Ancillary Development (Swimming Pool and Store) Maximum Height Rear Setback (North) Side Setback (East) Side Setback (West)

N/A N/A N/A N/A

5.1m >1.5m >1.5m >1.5m

3.6m 1.5m 1.5m 1.5m

NO YES YES YES

Setback from Significant Mature Trees N/A <3.0m 3.0m NO

Floor Space Ratio 0.53:1 (610m2)

0.59:1 (682.4m2)

0.55:1 (632m2) NO

Solar Access to Open Space of Adjacent Properties (Hrs on 21 June)

>50% (or 35m2) for 2 hours

>50% (or 35m2) for 2 hours

50% (or 35m2) for 2 hours YES

Solar Access to Nth Facing Living Areas of Adjacent Properties (Hrs on 21 June) >3.0 hours >3.0 hours 3.0 hours YES

Excavation Piling and Subsurface Wall Setback N/A <1.5m 1.5m NO

Deep Soil Landscaping – Dwelling >50% >50% 50% YES

Deep Soil Landscaping – Front Setback >40% >40% 40% YES

Private Open Space at Ground Level – Total

>35m² Min dimension

3m


3m

35m² Min dimension 3m YES

Private Open Space at Ground Level – Principal Area


4m


4m

16m² Min dimension 4m YES

Location of Swimming Pool Not within the

primary frontage

Not within the primary frontage

Not within the primary frontage YES

Swimming Pool Setback from Significant Mature Trees N/A <3.0m 3.0m NO

Swimming Pool Excavation, Piling and Subsurface Wall Setback N/A >1.5m 1.5m YES



Site Area (1149m²) Existing Proposed Control Complies

Swimming Pool Height Above Ground Level Adjacent to Adjoining Property N/A 5.1m 0.3m NO

Front Fence Height 2.2m 2.1m 1.2m/1.5m where 50% transparent NO

Side and Rear Fence Height N/A 1.1m-2.6m 1.8m NO

Car Parking Spaces – Dwellings 2 2 2 YES

Area of Lockable Storage Spaces per Dwelling N/A >8m3 8m³ YES

Site analysis performance criteria (Part 3) The submitted documentation is consistent with the site analysis objectives and the relevant performance criteria. Desired future precinct character objectives and performance criteria (Part 4) The subject site is located within the Vaucluse East precinct. The objectives of the Vaucluse East precinct relate to the mitigation of adverse impacts upon the public domain, maintaining the existing landscape character of the locality and ensuring that development responds to the existing built forms in the streetscape. The proposal incorporates a storage area below a cantilevered swimming pool. The storage area will be accessed via; a pair of new access gates to the northern boundary, a new stone terrace and a cedar slat door. The proposal does not include the introduction of a vehicular crossover from New South Head Road, which restricts the store from being used as a garage. The proposal will uphold the relevant objectives of section 4.14 for the reasons set out below:

• The proposed store room and swimming pool structure is set back 3.7m - 8.6m from the front boundary of the site; an average setback of 6.15m. This respects the building line formed by the ancillary development which is located on the adjacent sites. This can be seen in the photos below.

• condition C1a, has been included as part of the recommendation. This requires the ceiling height within the storeroom to be reduced from 2.77m to 2.1m, thus considerably reducing the bulk and height of the proposed structure. It is acknowledged that this will remove the available views from the swimming pool level. However, it is considered that the benefits of lowering the overall height of the structure to the streetscape would outweigh this,

• the proposal incorporates an average setback of 6.15m, which respects the existing pattern of development,

• unlike DA 739/2001 the proposal incorporates a number of terraced garden beds which are located to the front of the proposed swimming pool and store. To a large extent these will screen views of the swimming pool and store from the public domain.

• subject to condition C1a the proposal will adequately retain the stepped topography of the site,

• the proposed garden retaining walls and pool and store structure walls will incorporate a sandstone finish. This is in keeping with the existing sandstone retaining wall which marks the northern boundary of the site,



• the proposal has been designed to minimise views of the proposed store from the public domain. This is achieved through the introduction of terraced planter beds within the front setback. This ensures that the proposed structure would not adversely impact upon the amenity of the streetscape.

Photo 6: No. 53 New South Head Road Photo 7: No. 55 New South Head Road with raised swimming pool and terrace

Photo8: The subject site

Photo 9: No. 59 New South Head Road Photo 10: No. 61 and No. 63 New South Head Road



Front Fences Control C4.14.7.4 requires solid front fences to be no higher than 1.2m. The infill section of wall and pedestrian gate to the southern elevation and the entry gates to the northern elevation are 2.1m in height. However, these elements are acceptable because:

• the height and design of the infill wall and gates are in keeping with the existing boundary walls

• the boundary walls and gates respect the existing pattern of development within the immediate locality

• the proposed fence would have a satisfactory streetscape presentation • the proposed non compliance will provide better security and privacy for the occupants

The proposal generally accords with the relevant desired future character objectives for the precinct.

No. 53 New South Head Road: on average the dwelling is set back approximately 5.5m from the front boundary

No. 59 New South Head Road: a single garage with a roof terrace above abuts the front boundary

No. 55 New South Head Road: a double garage abuts the front boundary and a raised swimming pool and terrace are located within the front setback. On average the ancillary development is set back approximately 4.25m

No. 61 New South Head Road: a garage abuts the front boundary and a raised terrace and pergola are located within the front set back. On average the ancillary development is setback approximately 5.1m from the front boundary

No. 63 New South Head Road: the raised terrace and swimming pool abuts the front boundary.

Subject Site



Streetscape performance criteria (Section 5.1) The location of the proposed swimming pool and store respects the existing pattern of development. The proposal retains the stepped topography of the site and provides for significant landscaping within the front setback, which contributes positively to a cohesive streetscape. Subject to conditions, the proposal generally accords with the aims and objectives of section 5.1. Building size and location performance criteria (Section 5.2) Development Setbacks Mature tree setbacks Control C5.2.1 states that where significant mature trees are to be retained the development should be setback 3m from the base of the tree to minimise root damage. The owner of No. 59 New South Head Road has raised concerns with regards to the impact of the proposed development on the Avocado tree adjacent to the eastern boundary of the site. Council’s Landscaping Officer has assessed the proposal and raised no objection subject to a number of conditions which have been included as part of the recommendation. This issue is discussed in greater detail in the ‘open space and landscaping’ section of the report. Front setbacks Control C5.2.2 specifies that front setbacks should be consistent with those of adjoining properties. The average setback of the ancillary development at the adjoining properties is 4.3m. The average setback of the proposed swimming pool and store is 6.15m in accordance with control C5.2.2. Ancillary development Control C5.2.4 requires ancillary development to be setback 1.5m from all properties boundaries and to have a maximum height of 3.6m. In this instance, the proposed swimming pool and store achieves compliance with the setback control. However, the proposal would breach the 3.6m height control. Subject to condition C1a, the proposed development would uphold the objectives of section 5.2 for the reasons set out below: • the proposed development does not result in an unacceptable loss of significant vegetation on

or adjacent to the site and provides adequate deep soil landscaping within the front setback in accordance with objective O5.2.1

• the proposed development would not result in an unacceptable loss of views, privacy or sunlight for neighbouring residents in accordance with objective O5.2.2

• the form and scale of the proposed development maintains the continuity of building forms and predominant pattern of front setbacks in the street in accordance with objective O5.2.3

• the proposed development does not involve an unreasonable level of site excavations in accordance with objective O5.2.5.

The owner of No. 59 New South Head Road has objected to the proposal on the grounds that the swimming pool and storage structure would result in an unreasonable sense of enclosure to the neighbouring property. The proposed structure would be separated from the side boundary with No. 59 New South Head Road by a distance of 3.8m. The separation distance and condition C1a would ensure that the proposed structure would not result in any unreasonable impacts in terms of enclosure to No. 59 New South Head Road.



Floor space ratio The floor space ratio for the dwelling house should be a maximum of 0.55:1 in accordance with control C.5.2.9. The proposed floor space ratio is 0.59:1, which represents an excess in gross floor area of 50.4m2. However the excess floor space is wholly located underneath the proposed swimming pool. Subject to condition C1a, and the inclusion of the stepped planter beds, which will predominantly screen the proposed store and swimming pool from the public domain, the proposal would have a minimal impact upon the neighbouring properties or the character of the streetscape.

In relation to the proposed floor space ratio the development accords with the wider objectives of section 5.2 as follows: • subject to condition, the proposed development does not result in an unreasonable loss of

significant vegetation on or adjacent to the site and provides a sufficient level of deep soil landscaping in accordance with objective O5.2.1.

• subject to condition, the proposed development would not result in an unacceptable loss of views, privacy or sunlight for neighbouring residents in accordance with objective O5.2.2. This is addressed in greater detail below

• the form and scale of the proposed development maintains the continuity of building forms in accordance with objective O5.2.3.

• the proposed development does not involve an unreasonable level of site excavations in accordance with objective O5.2.5

In this instance it would therefore be unreasonable to enforce the floor space ratio as subject to the conditions the non compliance would have a minimal impact upon the neighbouring properties and would generally comply with the objectives of section 5.2. Sunlight to neighbouring properties The proposal would retain sunlight to at least 35m2 of the main ground level private open space of the neighbouring properties for a minimum of two hours between 9am and 3pm on June 21 in accordance with control C5.2.13. The proposal would not reduce the sunlight to the north facing habitable room windows to less than 3 hours between 9am and 3pm on June 21 in accordance with control C5.2.14. Site excavation The proposed swimming pool and store has been designed to relate generally to the existing topography of the site. As such the proposal accords with control C5.2.1.5. Control C5.2.1.6 specifies that the outer edge of excavation shall not be less than 1.5m from a front, side or rear boundary. The proposed excavation for the swimming pool and store would comply with this control. However, the proposed excavation for the terrace and access steps would breach this control. Although the proposal fails to accord with control C5.2.1.6 the development, subject to a number of conditions which have been imposed on the consent, would uphold the relevant objective of section 5.2 for the reasons set out below; • the proposal would not result in an unreasonable level of excavation • the proposed building would relate to the topography of the site • the proposal would not result in any unreasonable impacts to the amenity of the adjoining

properties both during and after construction



• Council’s Development Engineer Team Leader – Nick Tomkins has assessed the proposal and considers the proposed excavation to be satisfactory, subject to conditions, which have been imposed upon the consent

Open space and landscaping performance criteria (Section 5.3) Landscaping The proposal generally accords with landscaping objectives for the reasons set out below: • the proposal accords with control C5.3.2. This requires at least 50% of the unbuilt upon area of

the site to comprise of deep soil landscaping. • the proposal incorporates a number of terraced planter beds within the New South Head Road

front setback. This retains the existing terraced landscape feature, which contributes positively to the landscape character of the locality.

• the proposal includes the removal of five trees which are located within the subject site. The proposed replacement landscaping includes thirteen trees (8 x Lilly Pilly and 5 x Ivory Curl Tree) along with significant shrub planting. This will ensure that the landscape character of the area would not be adversely impacted.

• the owner of No. 59 New South Head Road has raised concerns regarding the proposals impact upon the Avocado tree which is adjacent to the eastern boundary. The avocado is shown to be retained as part of the proposal. The application has been referred to the Council’s Landscape Officer who has determined that the proposal is satisfactory in terms of tree preservation and landscaping, subject to the following conditions: A3, B2, C2, C6, E7, E8, E9, E10, E11, F2, H2, H6 and I2. These have been included as part of the recommendation. The conditions require: tree protection zones, a tree security deposit, tree management details, tree preservation requirements, hand excavation requirements, restrictions on level changes and restrictions on the footings.

Swimming Pool The proposed swimming pool generally upholds the aims and objectives of section 5.3 for the reasons set out below: • control C5.3.17 states that where a property has two street frontages, the location of swimming

pools is not to be in the primary frontage. The subject site has two frontages one to New South Head Road and one to Captain Pipers Road. With the existing vehicular access and subject building addressing Captain Pipers Road this is considered to be the site’s primary frontage. In accordance with control C5.3.17, the proposed swimming pool is located within the secondary frontage to New South Head Road.

• control C5.3.18 requires swimming pool to be located a minimum of 3m from any existing mature trees. The proposal would be within 3m of the Avocado tree which is located adjacent to the eastern boundary of the subject site. However, subject to conditions, which have been included as part of the recommendation the proposal would not unreasonably impact upon the Avocado tree.

• the undercroft area and side walls of the proposed swimming pool and storage structure will be predominantly screened from the public domain and adjoining properties through the inclusion of a series of terraced planter beds and existing and proposed landscaping. Thus, the proposal generally accords with Control C5.2.3.21.

Fences and walls performance criteria (Section 5.4) The following front gates and walls are proposed: Captain Piper’s Road front setback: • a new 2.1m high masonry retaining wall to infill the existing vehicular access, • the insertion of a 2.1m high pedestrian gate,



New South Head Road front setback: • the insertion of 2.8m-1.1m high retaining walls to form terraced planter beds • the insertion of 2.1m high wrought iron gates to the northern boundary, • the insertion of new 1m-2.5m garden wall parallel to the eastern boundary,

In accordance with control C5.4.5 of section 5.4 and control C4.14.7.4 of section 4.14, solid front fences shall be no higher than 1.2m. Although the proposed gates and walls represent a number of numerical non-compliances with these controls the proposal is acceptable for the reasons set out below: • the height and design of the proposed walls and gates are in keeping with the existing pattern of

development within the immediate locality, which ensures that the proposal contributes positively to the streetscape,

• the proposed walls provide visual privacy without unreasonably impacting upon the views, or sunlight afforded to neighbouring properties,

• the proposal incorporates materials which are in keeping with the existing streetscape, • the raised garden beds reflect the existing topography of the site • the proposal predominantly retains the existing sandstone wall to the northern boundary • the proposal does not unreasonably impact upon any public views or vistas • the proposed non-compliances will provide better security and privacy for the occupants

Condition C1b has been included as part of the recommendation. This requires a 1m high fence to be introduced to the eastern side of the lawn adjacent to the steps which provide access to New South Head Road. This is to ensure proposal accords with the Building Code of Australia. Subject to condition, the proposal generally accords with the aims and objectives of section 5.4. Views performance criteria (Section 5.5) The owner of No. 59 New South Head Road has objected to the proposal on the grounds of loss of view to the north west. This view contains the garden of the subject site.

Views from No. 59 New South Head Road to the north west



C 5.5.6 requires building forms to enable a sharing of views with surrounding residences, particularly from habitable rooms of surrounding residences. Whilst it is acknowledged that the owner of 59 may consider the view across the subject site’s garden to be an important view, when taking the view loss into account against the principles established in Tenacity Consulting Pty Ltd V Warringah Council, this view is not considered to be a significant view worthy of retention for the following reasons: • the view is obtained across a side boundary and given the urban environment, a degree of view

loss is expected from any new development; and • the view to the north west is of the subject site garden, existing landscaping which screens the

side elevation to the pool at No. 55 New South Head Road; and • No. 59 New South Head Road is not afforded any views across the subject site to: the harbour,

the city, any local landmarks or any surrounding districts; and • the proposal exceeds the front setback control by 1.85m For the reasons discussed above, the view from No. 59 New South Head Road across the subject site is not considered to be a significant view worthy of retention. Accordingly, the view loss is considered to be acceptable and in accordance with the relevant objectives and performance criteria stipulated under Part 5.5 of WRDCP 2003. The proposal generally upholds the aims and objectives of section 5.5. Energy efficiency performance criteria (Section 5.6) The proposal generally accords with the relevant controls and objectives of section 5.6. Stormwater management performance criteria (Section 5.7) A rainwater tank would be located under the front lawn. Subject to condition C10, the proposal generally accords with the objectives of section 5.7 Acoustic and visual privacy performance criteria (Section 5.8) The location of the pool parallel within the New South Head Road frontage reflects the existing pattern of development. There are a number of swimming pools located within a similar location at the adjacent properties notably at No. 55 and No. 63 New South Head Road. The location of the proposed swimming pool would not result in any unreasonable impacts in terms of loss of acoustic privacy as there is a sufficient separation between the proposed pool and terrace and the neighbouring properties. Conditions C13 and I4 have been included as part of the recommendation, which require acoustic certification of the pool plant and the maintenance of sound attenuation. Subject to condition, the proposal would maintain an adequate level of acoustic privacy to the neighbouring properties. No. 63 Captain Pipers Road The owner of No. 63 Captain Pipers Road has raised concerns regarding the location of a garden bench adjacent to the western boundary. There is an existing boundary wall and paling fence located between the bench and the neighbouring property. It is considered that the location of the proposed bench would not result in any unreasonable impacts in terms of visual or acoustic privacy.



No. 59 New South Head Road The owner of No. 59 New South Head Road has objected to the proposal on the grounds of loss of visual privacy. The proposal would maintain an adequate level of visual privacy for the reasons set out below: • the main pool terrace has been located to the southern and western sides of the swimming pool

away from No. 59. • the pool terrace to the south of the swimming pool is in approximately the same position as the

existing raised lawn area. Subject to condition C1a, the RL of the proposed pool terrace will be over 1m lower than the existing lawn level, thus reducing the level of overlooking from this area of the subject site.

• there is a narrow section of pool terrace (approximately 0.4m wide) to the northern and eastern sides of the swimming pool. The narrow width of these sections of pool terrace will ensure that they it is not highly traffickable.

• the existing Avocado tree which is located immediately between the proposed pool structure and No. 59 significantly screens views from the subject site to the balcony and terrace at No. 59. The proposal incorporates the retention of this tree.

• the main terrace area at No. 59 is located above the garage to the west of the property and is approximately 12m from the eastern boundary of the subject site

• the rear lawn area will be extended slightly further to the east to abut the proposed eastern retaining wall. The existing rounded lawn edge would be ‘squared off’. These modifications would increase the area of the lawn by approximately 2.79m2. This modest increase to the area of the lawn would not result in an unreasonably level of overlooking to the neighbouring property

• the proposed repairs and alterations to the existing pedestrian access steps which are located parallel to the existing eastern boundary would not result in any additional overlooking to the adjacent properties.

No. 55 New South Head Road There is an existing hedge located along the western boundary within No. 55 New South Head Road. This would screen views from the proposed swimming pool and terrace to the west. The proposal would maintain an adequate level of visual and acoustic privacy to No. 55 New South Head Road. Car parking and driveways performance criteria (Section 5.9) The site currently benefits from two vehicular crossings which front Captain Pipers Road. The proposal would remove one of these vehicular crossings and retain the other. Subject to condition C4, which requires the vehicular crossover to be reinstated as a concrete footpath, kerb and gutter, the proposal wound not have any unreasonable impacts in terms of vehicular access. The remaining vehicular access from Captain Pipers Road would provide access to the existing garage. Adequate on site car parking would therefore be retained. It is noted that there is not an existing vehicular crossover from the site to New South Head Road. The proposal does not include the insertion of a new vehicular cross over from New South Head Road. Subject to condition the proposal generally accords with the aims and objectives of section 5.9. Site facilities performance criteria (Section 5.10) The proposal generally upholds the aims and objectives of section 5.10.



Access and mobility performance criteria (Section 5.13) The proposal generally accords with the aims and objectives of section 5.13. 13.4 Other DCPs, codes and policies No other controls apply. 14. APPLICABLE REGULATIONS The proposal would comply by condition. 15. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts have been addressed elsewhere in the report. 16. THE SUITABILITY OF THE SITE The site is within a Class 5 Acid Sulphate Soil area identified in the Planning NSW Acid Sulphate Soil Risk Map. The proposed works are not likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land. The site is therefore considered suitable for the proposed development. 17. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Submissions were received from: Leonard Lynch, 6A Wetherhill Street, PO Box 44 Leichhardt, NSW 2040 (Owner of 59 New South Head Road). Lucille Rodney, 63 Captain Pipers Road, Vaucluse, NSW 2030 Katherine Apostolopoulos, 55 New South Head Road, Vaucluse NSW 2030 The objectors raised the following issues:

• Excavation and Topography - This is addressed within the section 11.4 and the ‘desired future precinct character objectives and performance criteria’, ‘streetscape performance criteria’ and ‘building size and location performance criteria’ sections of the report.



• Vaucluse East Precinct - This is addressed within the ‘desired future precinct character objectives and performance

criteria’ section of the report. • Landscaping - This is addressed within the ‘open space and landscaping performance criteria’ section of

the report. • Streetscape - This is addressed within the ‘desired future precinct character objectives and performance

criteria’, ‘streetscape performance criteria’ and ‘building size and location performance criteria’ sections of the report.

• Views - This is addressed within the ‘views performance criteria’ sections of the report. • Swimming Pool Location - This is addressed within the ‘open space and landscaping performance criteria’ section of

the report. • Built form and amenity - This is addressed within the ‘building size and location performance criteria’ section of the

report. • Acoustic and visual privacy - This is addressed within the ‘acoustic and visual privacy performance criteria’ section of the report. • Carport and Extension to Driveway - This is addressed within the ‘desired future precinct character objectives and performance

criteria’, ‘streetscape performance criteria’ and ‘car parking and driveways performance criteria’ sections of the report.

The replacement application (as defined by Clause 90 of the Environmental Planning and Assessment Regulation 2000) was not renotified under clause 5.1 of the DCP because, having considered clause 9 of the DCP, the replacement application is substantially the same development as the original proposal and considered to have no greater environmental impact upon neighbours. 18. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C.



19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to Development Application No. 238/2008 for alterations and additions comprising of a new swimming pool with storage area below, the removal of a vehicular access, and landscaping works on land at 57 New South Head Road Vaucluse, subject to the following conditions:

A. General Conditions A.1 Conditions


A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: a. The collection of stormwater, b. The retention of stormwater, c. The reuse of stormwater, d. The detention of stormwater, e. The controlled release of stormwater; and f. Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site.



Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: a. the use of land in connection with development, b. the subdivision of land, c. the erection of a building, d. the carrying out of any work, e. the use of any site crane, machine, article, material, or thing, f. the storage of waste, materials, site crane, machine, article, material, or thing, g. the demolition of a building, h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land, i. the delivery to or removal from the site of any machine, article, material, or thing, or j. the occupation of the site by any person unless authorised by an occupation certificate. Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any

condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2




DA 102 B DA 103 A DA 104 A DA 105 A DA 106 A DA 108 A

Architectural Plans Susan Fuller Architect March 2008



A31767 BASIX Certificate Department of Planning 01 April 2008 LA 01 A LA 02 A

Landscape Plan Ingrid Villata Landscape Architect 16 April 2008

Geotechnical Report Coffey Geosciences P/L 9 June 2000 Statement of Environmental Effects GSA Planning April 2008

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g)

of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)



The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense. Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and

preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8

A.5 Prescribed Conditions

Prescribed conditions in force under the Act and Regulation must be complied with. Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed

conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au

Standard Condition: A30 A.6 Works outside the boundaries of the site

The works approved include only those works located within the boundaries of the site. Any works proposed outside of the site boundaries (the extension of the wall to the southern boundary) require a separate application to Council.

B. Conditions which must be satisfied prior to the demolition of any building or

construction B.1 Construction Certificate required prior to any demolition

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act.



Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1

B.2 Establishment of Tree Protection Zones

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas



1 Ficus microcarpa var. ‘Hillii’ Hills Weeping Fig

Council verge New South Head Road side

7

8 Persea americana Avocado Rear yard eastern side 2 9 Plumeria rubra Frangipani Rear yard adjacent eastern

side of house 2

10, 11 Cupressus sempervirens Italian Cypress

Front yard adjacent existing carport

1

12 Conifer hedge mixed species Front yard eastern side 1 14, 15 Lophostemon confertus

Brush Box Council verge 1

*NB: Where this condition relates to street trees and the fence cannot be placed at the specified radius,

the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected.

b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh

fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) Trunk protection, to a maximum height permitted by the first branches, is to be installed

around the trunks of the trees listed in the table below;


Species Location

14, 15 Lophostemon confertus Brush Box Council verge 1 Ficus microcarpa var. ‘Hillii’ Hills

Weeping Fig Council verge New South Head Road side

A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.

d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.

e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation

is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.



f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels.

g) The storage of materials, stockpiling, siting of works sheds, preparation of mixes,

cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

Standard Condition: B5 C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail:

a. To reduce the bulk and height of the swimming pool and store room structure, the store room ceiling height shall be reduced from 2.77m to 2.1m, thus reducing the height of the swimming pool and terrace to a maximum RL of 85.93; and

b. To ensure the proposal complies with the building code of Australia, a 1m high fence shall be inserted to the eastern side of the rear lawn adjacent to the steps which provide access to New South Head Road






C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the

Local Government Act 1993) The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically a. prior to the issue of a construction certificate, where a construction certificate is

required; or b. prior to the issue of a subdivision certificate, where only a subdivision certificate is

required; or c. prior to the issue of an occupation certificate in any other instance.








No



$4,000.00 No T115

Tree Damage Security Deposit – Making good any damage caused to any public tree as a consequence of the doing of anything to which the consent relates.

$14,720.00 No T114


Public Tree Management Inspection Fee $160.00 No T95 Public Road and Footpath Infrastructure Inspection Fee (S138 Fee) $363.25 No T45

Security Administration Fee $168.00 No T16 TOTAL SECURITY, CONTRIBUTIONS,


Plus any relevant indexed amounts and long service levy

Building & Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. Note: The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further

information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41.

How must the payments be made? Payments must be made by: a. Cash deposit with Council, b. Credit card payment with Council, or c. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;



Standard Condition: C5



C.3 BASIX commitments The applicant must submit to the Certifying Authority BASIX Certificate No. A31767 with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new

BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7 C.4 Road and Public Domain Works – Council Approval Required

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate. Specific works include: • The redundant vehicular access in captain Pipers Road shall be reconstructed as full

width concrete footpath, kerb & gutter in accordance with Council’s standard drawings. Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Standard Condition: C13 (Autotext CC13)



C.5 Soil and Water Management Plan – Submission & Approval The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a. “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant

experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be

down loaded free of charge from http://www.woollahra.nsw.gov.au/ . Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter.

Standard Condition: C25 C.6 Tree Management Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a. trees to be numbered in accordance with these conditions, b. shaded green where required to be protected and retained, c. shaded yellow where required to be transplanted, d. shaded blue where required to be pruned, e. shaded red where authorised to be removed and, f. references to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan. Standard Condition: C30

C.7 Professional Engineering Details



Standard Condition: C36



C.8 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a. Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b. Provide appropriate support and retention to ensure there will be no adverse impact on

surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c. Provide foundation tanking prior to excavation such that any temporary changes to the

groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d. Provide tanking of all below ground structures to prevent the entry of all ground water

such that they are fully tanked and no on-going dewatering of the site is required. e. Provide a Geotechnical and Hydrogeological Monitoring Program that:

i. Will detect any settlement associated with temporary and permanent works and structures;

ii. Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like);

iii. Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity);

iv. Will detect groundwater changes calibrated against natural groundwater variations;

details: • the location and type of monitoring systems to be utilised; • the preset acceptable limits for peak particle velocity and ground water

fluctuations; • recommended hold points to allow for the inspection and certification of

geotechnical and hydro-geological measures by the professional engineer; and

• a contingency plan. Standard Condition: C40



C.9 Bicycle, Car and Commercial Parking Details The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.

Standard Condition: C45 C.10 Stormwater discharge to existing Stormwater Drainage System (Clause 25(2) WLEP

1995) The Construction Certificate plans and specifications required by clause 139 of the Regulation, must detail: a. the location of the existing Stormwater Drainage System including all pipes, inspection

openings, surface drains, pits and their discharge location, b. the state of repair of the existing Stormwater Drainage System, c. any remedial works required to upgrade the existing Stormwater Drainage System to

comply with the BCA, d. any remedial works required to upgrade the existing Stormwater Drainage System

crossing the footpath and any new kerb outlets, e. any new Stormwater Drainage System complying with the BCA, f. interceptor drain(s) at the site boundary to prevent stormwater flows from the site

crossing the footpath, g. any rainwater tank required by BASIX commitments including their overflow

connection to the Stormwater Drainage System, and h. general compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (draft version 1, public exhibition copy dated 14 December 2006)

Where any new Stormwater Drainage System crosses the footpath area within any road, separate approval under section 138 of the Roads Act 1993 must be obtained from Council for those works prior to the issue of any Construction Certificate. All Stormwater Drainage System work within any road or public place must comply with Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. Note: Clause F1.1 of Volume 1 and Part 3.1.2 of Volume 2 of the BCA provide that stormwater drainage

complying with AS/NZS 3500.3 Plumbing and drainage - Part 3: Stormwater drainage is deemed-to-satisfy the BCA. Council’s specifications apply in relation to any works with any road or public place.

Note: Stormwater Drainage Systems must not discharge to any Sewer System. It is illegal to connect

stormwater pipes and drains to the sewerage system as this can overload the system and cause sewage overflows. See: http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes.pdf



Note: Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003 and Council’s draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 23 August 2004) can be downloaded from Council’s website: www.woollahra.nsw.gov.au

Standard Condition: C49 C.11 Swimming and Spa Pools – Child Resistant Barriers

The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992. Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed

does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55

C.12 Swimming and Spa Pools – Backwash

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the

sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the

Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56

C.13 Sound Attenuation of the Swimming Pool Plant Equipment

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the sound attenuation works required to the Swimming Pool Plant Equipment to ensure that noise from the Swimming Pool Plant Equipment does not to exceed the background noise level when measured at any boundary of the site. Note: Further information including lists of Acoustic Engineers can be obtained from: 1. Australian Acoustical Society—professional society of noise-related professionals

(www.acoustics.asn.au /index.php). 2. Association of Australian Acoustical Consultants—professional society of noise related professionals

(www.aaac.org.au). Standard Condition: C61

D. Conditions which must be satisfied prior to the commencement of any development

work



D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 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.

This condition 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. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of


Standard Condition: D1 D.2 Dilapidation Reports for existing Buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): a) 55 New South Head Road, b) 59 new South Head Road c) 63 Captain Pipers Road and d) 59 Captain Pipers Road. The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.

Standard Condition: D4 (Autotext DD4)



D.3 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.

Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either a. the vertical height above footpath level of the structure being demolished is less than 4.0

m; or b. the least horizontal distance between footpath and the nearest part of the structure is

greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must a. extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b. have a clear height above the footpath of not less than 2.1 m;

terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.



The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm. Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a

hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.


D.4 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. “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.

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

116G of the Act, to comply with the technical provisions of the State’s building laws.”



Note: PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000).

Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder

who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation. Standard Condition: D12

D.5 Toilet Facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a. must be a standard flushing toilet, and b. must be connected to a public sewer, or c. if connection to a public sewer is not practicable, to an accredited sewage management

facility approved by the council, or d. if connection to a public sewer or an accredited sewage management facility is not

practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.


D.6 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition” ('The Blue Book').



Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists



down loaded free of charge from www.woollahra.nsw.gov.au. Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices

and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.



Standard Condition: D14 D.7 Building - Construction Certificate, Appointment of Principal Certifying Authority,

Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)

The erection of the building in accordance with this development consent must not be commenced until: a. a construction certificate for the building work has been issued by the consent authority,

the council (if the council is not the consent authority) or an accredited Certifier, and b. the person having the benefit of the development consent has:


building work as an owner-builder, if that is the case, and b1. the principal certifying authority has, no later than 2 days before the building work

commences: i. notified the consent authority and the council (if the council is not the consent

authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of the building work, and

b2. the person having the benefit of the development consent, if not carrying out the work

as an owner-builder, has: i. appointed a principal contractor for the building work who must be the holder of a

contractor licence if any residential building work is involved, and ii. notified the principal certifying authority of any such appointment, and iii. unless that person is the principal contractor, notified the principal contractor of

any critical stage inspections and other inspections that are to be carried out in respect of the building work, and


Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure

or part of a structure.



Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an

extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to, an

existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can

be downloaded from Council’s website www.woollahra.nsw.gov.au . Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in

breach of section 81A(2) of the Act. Standard Condition: D15

D.8 Notification of Home Building Act 1989 requirements a. For the purposes of section 80A (11) of the Act, the requirements of this condition 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.

b. 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:

i. in the case of work for which a principal contractor is required to be appointed:

• the name and licence number of the principal contractor, and • the name of the insurer by which the work is insured under Part 6 of that

Act,

ii. in the case of work to be done by an owner-builder: • the name of the owner-builder, and • if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.




Standard Condition: D17 E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is 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




terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

b. to the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

Standard Condition: E1 E.2 Compliance with Australian Standard for Demolition


Standard Condition: E2 E.3 Requirement to notify about new evidence

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority.


Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be

satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey

reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.




E.5 Hours of Work –Amenity of the neighbourhood a. No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering

or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.


This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in

particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.

Note: Each and every breach of this condition by any person may be subject to separate penalty infringement

notice or prosecution. Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA

and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.




Standard Condition: E6 E.6 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must: a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the

footway. b. Not use the road or footway for the storage of any article, material, matter, waste or

thing. c. Not use the road or footway for any work. d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with:



a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards.

b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close

any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.



otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only

with the prior approval of the council including: Part C Management of Waste: “1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place.” Part E Public roads: “1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle

projecting over the footway 2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to

overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”


Standard Condition: E7 E.7 Tree Preservation


General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 40mm excavation

must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.




Note: Trees must be pruned in accordance with Australian Standard AS 4373 – 2007 “Pruning of Amenity

Trees” and Workcover NSW Code of Practice Amenity Tree Industry 1998. Standard Condition: E8


All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Private Land Council Reference No:


8 Persea americana Avocado Rear yard eastern side 7 x 6 9 Plumeria rubra Frangipani Rear yard adjacent eastern side of house 5 x 5 10, 11 Cupressus sempervirens Italian

Cypress Front yard adjacent existing carport 6 x 1

12 Conifer hedge mixed species Front yard eastern side 8 x 2 each Trees on Council Land Council Reference No:


Tree Value

1 Ficus microcarpa var. ‘Hillii’ Hills Weeping Fig

Council verge New South Head Road side

10 x 12 $12800.00

14, 15 Lophostemon confertus Brush Box

Council verge 5 x 3 $1920.00 *$960.00 each

Note: The tree trees required to be retained should appear coloured green on the construction certificate plans. b) The following trees may be removed: Council Reference No:


2, 3 Viburnum odoratissimum Sweet Viburnum

Rear yard lower garden bed 4 x 3

4 Banksia ericifolia Heath Banksia


5, 6 Leptospermum petersonii Lemon-scented Tea Tree

Rear yard lower garden bed 4.5 x 3

7 Banksia serrata Old-man Banksia


13 Cupressocyparis leylandii Leyland Cypress

Front yard*removal as per the submitted Ingrid Villata landscape plan dated 16 April

5 metres high

Note: The tree trees that may be removed should appear coloured red on the construction certificate plans.



E.9 Hand excavation within tree root zones

To prevent damage to roots and compaction within the root zone, excavation undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 Pruning of amenity trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent) Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.


Species Location Radius from Trunk (Metres)

8 Persea americana Avocado

Rear yard eastern side 2


Front yard adjacent existing carport 1

E.10 Level changes in the vicinity of trees




8 Persea americana Avocado Rear yard eastern side 2 9 Plumeria rubra Frangipani Rear yard adjacent eastern side of

house 2


Front yard adjacent existing carport

1

12 Conifer hedge mixed species Front yard eastern side 1 E.11 Footings in the vicinity of trees

Footings for any structure constructed within the specified radius from the trunks of the following trees, is to be constructed using an isolated pier and beam construction method. Excavations for installation of piers is to be located so that no tree root with a diameter equal to or in excess of 50mm is to be severed. The smallest possible area is to be excavated which allows construction of the pier. The beam is to be placed a minimum of 300mm above ground level and is to be designed to bridge all tree roots with a diameter equal to or in excess of 30mm.



8 Persea americana Avocado Rear yard eastern side 2 10, 11 Cupressus sempervirens Italian

Cypress Front yard adjacent existing carport

1



E.12 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note 1: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

E.13 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and c) the contingency plan. Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.


E.14 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”





Note 1: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices


Note 2: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of

premises at or from which any pollution occurs is taken to have caused the pollution”. Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution.


E.15 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is

obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act

1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;


Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected

by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.

Standard Condition: E17 E.16 Site Cranes

Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards. Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993, Crown Lands Act 1989 or Roads Act 1993. The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth). No illuminated sign(s) must be erected upon or displayed upon any site crane.



Note: Where it is proposed to swing a crane over a public place the principal contractor or owner builder must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place.

Note: Where it is proposed to swing a crane over private land the consent of the owner of that private land is

required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments.



This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust. Note 1: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site

www.woollahra.nsw.gov.au or obtained from Council’s office. Note 2: Special precautions must be taken when removing asbestos or lead materials from development sites.

Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.



Standard Condition: E23 E.18 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters

Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming

Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.




E.19 Support of adjoining land and buildings A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.

Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).



Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not

adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993.

Standard Condition: E13 F. Conditions which must be satisfied prior to any occupation or use of the building (Part

4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act)


Standard Condition: F1 F.2 Amenity Landscaping

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site. Note: This condition has been imposed to ensure that the environmental impacts of the development are

mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6



F.3 Commissioning and Certification of Systems and Works The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must including but may not be limited to: a. Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b. All flood protection measures. c. All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.” d. All stormwater drainage systems. e. All mechanical ventilation systems. f. All hydraulic systems. g. All structural work. h. All acoustic attenuation work. i. All waterproofing. j. Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as

necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed

(“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate. Standard Condition: F7

F.4 Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters

Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a. Permanent child-resistant barriers must be installed in compliance with the Swimming

Pools Act 1992. b. The Principal Contractor or owner must apply for and obtain a Compliance Certificate

under section 24 of the Swimming Pools Act 1992. c. Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool

Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable.

d. Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003: Swimming pool safety - Water recirculation and filtration systems.

Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.



e. Water recirculation and filtration systems must be connected to the electricity supply by

a timer that limits the systems operation such that it does not operate: f. before 8 am or after 8 pm on any Sunday or public holiday, or

before 7 am or after 8 pm on any other day.

Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf

Standard Condition: F13 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate No relevant conditions. H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No. A31767 Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7 H.2 Landscaping

All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent.

Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of the

Final Occupation Certificate. Standard Condition: H9

H.3 Removal of Ancillary Works and Structures

The principal contractor or owner must remove from the land and any adjoining public place: a. The site sign; b. Ablutions; c. Hoarding; d. Scaffolding; and e. Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the

Final Occupation Certificate. Standard Condition: H12



H.4 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense: a. stormwater pipes, pits and connections to public stormwater systems within the road; b. driveways and vehicular crossings within the road; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road; e. new or replacement street trees; f. new footway verges, where a grass verge exists, the balance of the area between the

footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

g. new or reinstated kerb and guttering within the road; and h. new or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until


Standard Condition: H13 H.5 Bush Regeneration

Bush regeneration must be completed in accordance with the approved bush regeneration plan. The principal contractor or owner must provide to PCA certification from a qualified bush regenerator that the works as completed comply with this consent.

Note: This condition has been imposed to ensure that bush regeneration work required under the consent have

been completed prior to the issue of any Final Occupation Certificate. Standard Condition: H10

I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments

All BASIX commitments must be maintained in accordance with the BASIX Certificate No. A31767. Note: This condition affects successors in title with the intent that environmental sustainability measures must be

maintained for the life of development under this consent. Standard Condition: I7 I.2 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. Reason: This condition has been imposed to ensure that the landscaping design intent is not eroded over time by

the removal of landscaping or inappropriate exotic planting.



Note: This condition also acknowledges that development consent is not required to plant vegetation and that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8

I.3 Swimming and Spa Pools – Maintenance

Swimming and Spa Pools must be maintained: a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-

resistant barriers and resuscitation signs; b. in compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines”

in force at that time. Private pools are encouraged to comply with the same standards as applicable;

c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ;

d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and

e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

• before 8 am or after 8 pm on any Sunday or public holiday, or • before 7 am or after 8 pm on any other day.

Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems

require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13

I.4 Noise from mechanical plant and equipment

Noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary. Reason: This condition has been imposed to protect the amenity of the neighbourhood. Note: Words in this condition have the same meaning as in the:

NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) ISBN 1741370671, dated December 2004. Standard Condition: I53

J. Miscellaneous Conditions No relevant conditions



K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws are also a criminal offence. Where there is any breach Council may without any further warning: • Issue Penalty Infringement Notices (On-the-spot fines); • Issue notices and orders; • Prosecute any person breaching this consent; and/or • Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being

recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1

K.2 Dial before you dig

The principal contractor, owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au. When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.

Standard Advising: K2



K.3 Commonwealth Disability Discrimination Act 1992 (“DDA”) The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship”). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”): • http://www.hreoc.gov.au/index.html • http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at [email protected]. Standard Advising: K3

K.4 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.





K.6 Asbestos Removal, Repair or Disturbance

Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW.



Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: • The Occupational Health and Safety Act 2000; • The Occupational Health and Safety Regulation 2001; • The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; • The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:

3002 (1998)] http://www.nohsc.gov.au/ ]; and • The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors. Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of

Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice. Standard Advising: K8

K.7 Lead Paint

It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings. Industrial paints may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.

Standard Advising: K9 K.8 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact: Eleanor Smith, Assessment Officer on (02) 9391 7090 However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing.



This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.





K.11 Owner Builders

Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au.


K.12 Pruning or Removing a Tree Growing on Private Property

Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment.



Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or you may contact Council on 9391-7000 for further advice. Standard Condition: K19

K.13 Works outside the boundaries of the site

The applicant is advised that monetary compensation will be payable to Council for the Easement including all Council’s costs in regard to the matter. The issue of any Easement will be subject to Councillor approval and resolution.

The adopted Encroachment policy does not allow for any new encroachment to occur through site redevelopment.

Ms E Smith Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevation 2. Landscaping Officer Referral 3. Property Officer Referral 4. Development Engineer Referral

DA 802/2007/1 Woollahra Council Application Assessment Panel 9 Village Lower Road VAUCLUSE 2 September 2008


DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. D5

FILE No. DA 802/2007/1 9 Village Lower Road, Vaucluse

Lot & DP No.: LOT: 48 DP: 6559 Side of Street: East Site Area (m²): 671.4m2

PROPERTY DETAILS

Zoning: Residential 2(a)

PROPOSAL:

Demolition of the existing dwelling and construction of a new part two/part three storey dwelling including swimming pool

TYPE OF CONSENT:

Local development

APPLICANT:

Cking Design Studio

OWNER:

Mr G J & Mrs B A Cooper

DATE LODGED:

30/11/2007 (original submission) 10/07/2008 (amended submission)

AUTHOR: Ms S Chambers 1. RECOMMENDATION PRECIS It is recommended that development consent be granted, subject to conditions. 2. PROPOSAL PRECIS The proposal involves demolition of the existing dwelling and construction of a part two/part three storey dwelling house and swimming pool. 3. LOCALITY PLAN

Subject Site Objectors First notification Objectors Second notification

North

Locality Plan



4. DESCRIPTION OF PROPOSAL The proposal involves demolition of the existing dwelling and construction of a new dwelling, landscaping and site works as follows: Basement level: two car garage laundry cellar WC rumpus room water storage tanks pool sub structures

Ground Floor: casual living space lounge room dining room kitchen office/powder room swimming pool outdoor decks and terraces

Level 1: main bedroom, ensuite and robe small deck four bedrooms bathroom/WC

5. SUMMARY

Reasons for report Issues Submissions The DA does not

satisfy the criteria for determination under staff delegation

Objector’s concerns

Site area non-compliance Number of storeys non-compliance Side setback non-compliances Ancillary development (water feature) side setback non-compliance Floor space ratio non-compliance Floor to ceiling height non-compliance Front fence non-compliance Car parking excavation

Four objectors

6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work of $2,000/m². The stated cost of the proposed work of $1,646,588 has been checked using this criteria and is considered to be accurate.



7. DESCRIPTION OF SITE OF LOCALITY

THE SITE AND LOCALITY

Physical features

The subject site is rectangular in shape and has a western frontage to Village Lower Road of 15.4m, a northern side boundary of 45.7m in length, a southern side boundary of 45.7m in length and an eastern rear boundary of 15.4m in length. The site has an area of 674.1m2.

Topography The site has a cross fall from south to north of approximately 1m to 2.5m. Existing buildings and structures

The site is currently occupied by an inter-war bungalow style dwelling house with basement level and a flat-roofed, single storey rear extension.

Environment

The site is located within the Vaucluse East precinct under the WRDCP 2003. The following properties adjoin the site: • No.s 11, 13 and 15 Village Lower Road adjoin the subject site’s northern side boundary. These

sites each contain a single dwelling house • No.s 10 and 12 Olphert Avenue adjoin the subject site’s rear boundary. These sites each

contain a single dwelling house. No. 12 also contains a garage. No. 10 contains a swimming pool

• No. 7 Village Lower Road contains a single two storey dwelling house and garage The locality is characterised by large one, two and three storey dwelling-houses.

Subject site

Objector

Objector

Objector

Objector



8. PROPERTY HISTORY

PROPERTY HISTORY Current use Residential Previous relevant applications DA 2006/325/1 approved a new swimming pool on 8/8/06

DA 2005/405/1 approved alterations and additions to the existing dwelling on 23/5/06

DA2003/135/1 approved alterations and additions to the existing dwelling house including a first floor addition and a new swimming pool on 31/7/03

DA2003/90/1 refused alterations and additions including a new first floor addition 20/3/03

Pre-DA NA Requests for additional information Additional information had been requested on 6 December 2007 and was

provided to Council on 22 January 2008, 4 March 2008 and 14 March 2008. Amended plans/ Replacement Application

Amendments were made to the basement level to step new walls in from the southern side boundary. Amended plans were submitted 13/06/08. Further amended plans setting level 1 in from the southern boundary were submitted on 10/7/08; dated 08/07/08.

Land & Environment Court appeal NA 9. REFERRALS 9.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS Referral Officer Comment Annexure

Technical Services

Council’s Technical Services Team Leader has determined that the development proposal is satisfactory. Refer to Conditions.

2

Heritage

Council’s Heritage Officer has determined that the development proposal is satisfactory. Refer to Conditions.

3

Trees and Landscaping

Council’s Tree and Landscape Officer has determined that the development proposal is satisfactory. Refer to Conditions.

4

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX") applies to the proposed development. The development application was accompanied by BASIX Certificate No. 162049S committing to environmental sustainability measures. These requirements have been imposed by standard condition prescribed by clause 97A of the Environmental Planning & Assessment Regulation 2000.



State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the Initial site evaluation provided by the applicant indicates the land does not require further consideration under clause 7 (1) (b) and (c) of SEPP 55. 10.2 REPs SREP (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour Catchment but is outside the Foreshores and Waterways area and therefore there are no specific matters for consideration under this DA.

10.3 Section 94 contribution The Woollahra Section 94A Contributions Plan 2005 is applicable. In accordance with Schedule 1, a 1% levy (of the total cost of works) applies. With a cost of works of $1,646,588, Condition C.2 requires the payment of $16,465.88, which will be used for a variety of works as outlined in Schedule 2 of the Section 94A Contributions Plan. 10.4 Other relevant legislation None relevant. 11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(a) zone, subject to Conditions.

11.2 Statutory compliance table Site Area: 674.1m² Approved

DA 405/2005 Proposed Control Complies

Site Area and Lot Frontage 674.1m2 675m2 No*

Overall Height 8.67m (subject to Condition 4) 5.3m-9.5m 9.5m Yes

* Existing non-compliance 11.3 Site area requirements Clause 10 (1) prevents the erection of a dwelling-house on an allotment of land that is less than the minimum allotment size as indicated on the density map associated with Woollahra LEP 1995; 675m² in this instance. The subject site has an area of 674.1m² and therefore does not comply with this requirement.



However, Clause 10 (2) states that subclause (1) does not operate to prohibit the erection of a dwelling-house on a sub-standard size allotment of land which was in existence as a separate allotment on the day this plan was gazetted (10 March 1995) if a dwelling-house could have been lawfully erected on the allotment immediately before that day. The previous planning instruments, Woollahra LEP 27 (gazetted on 15 January 1988) and the Woollahra Planning Scheme Ordinance (gazetted on 15 December 1972) had identical exemption provisions. Prior to the Woollahra Planning Scheme Ordinance, it was lawful to erect a dwelling-house on the subject allotment of land. The subject site contains a dwelling house which existed prior to the current LEP gazettal. Accordingly, Clause 10 (1) does not operate to prohibit the erection of a dwelling-house on the subject sized allotment. 11.4 Height Clause 12 of WLEP 1995 stipulates a maximum height of 9.5m. The proposed development complies with this control, achieving a maximum height of 5.3m-9.5m. Further, the proposal is satisfactory in terms of the objectives under Clause 12AA of WLEP 1995. 11.5 Other special clauses/development standards Clause 18 Excavation: The provisions of Clause 18 require Council, when considering a development application involving excavation, to have regard to how that excavation may temporarily or permanently affect: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process (b) public safety (c) vehicle and pedestrian movements (d) the heritage significance of any heritage item that may be affected by the proposed excavation

and its setting (e) natural landforms and vegetation and (f) natural water run-off patterns The extent of excavation associated with the proposal includes the following areas: additional excavation for the existing basement level to a maximum depth of 2.5m (refer to

preliminary geotechnical report by Jeffrey & Katauskas P/L Ref 21835VLet dated 9 January 2008) for an area of 35m2 (due to the cross fall of the site the extent of excavation is generally quite minor and there is already an existing basement level in the proposed location)

excavation for the garage to a maximum depth of 0.9m for an area of 46m2 excavation for the swimming pool to a maximum depth of 0.7m for the pool for an area of

36.5m2 (the site falls towards the middle and therefore excavation for the pool is relatively minor and the spa is located above existing ground level). An additional 0.3m excavation is required for the footings

additional footings for the proposed dwelling, in addition to existing footings which will be retained

C 5.2.16 of WRDCP 2003 stipulates that the outer edge of excavation, piling and sub-surface walls shall not be less than 1.5m from a front, rear or side boundary.



The existing basement level excavation is less than 1.5m from the southern boundary; however the additional new excavation complies with this control. The excavation for the swimming pool complies with this control (the spa area is above ground and does not require excavation). The dwelling footings on the southern elevation have a non-compliance but these footing are existing. The new footings for the rear section comply. The water feature is setback 0.3m from the southern side boundary and results in a non-compliance with this control however; these works are extremely minor and would have no impact on the adjoining property. The excavation works for the garage located 0.9m from the northern boundary result in a non-compliance with this control of 0.6m. The extent of excavation is relatively minor and will not have adverse impacts on neighbouring properties given that the adjoining dwellings to the north back on to the subject site and therefore no structures will be affected. Only the garage results in a non-compliance on this elevation in terms of excavation as the ground floor of the dwelling is adequately setback to achieve compliance with this control. Further, it would not be desirable to have the garage setback 1.5m from the northern boundary in this particular instance as this would require additional excavation of the front deep soil landscaped area which contains substantial existing vegetation which will soften the impact of the development as viewed from the streetscape. Accordingly, the non-compliance as proposed is satisfactory in this instance. Having regard to the above-mentioned heads of consideration, the following comments are made in relation to the impact of the proposed excavation upon the local environment: (a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar

circumstances related to the excavation process The maintenance of the amenity of the neighbourhood in terms of minimising noise, vibration and dust is addressed by Conditions E.4, E.9 and E.16 limiting hours of work, requiring dust mitigation measures. (b) public safety (c) vehicle and pedestrian movements Issues relating to public safety and pedestrian movements during the excavation phase are inter-related and are addressed by Conditions D.2 and E.12 requiring security fencing, site signs and maintenance of vehicular and pedestrian safety. (d) the heritage significance of any heritage item that may be affected by the proposed excavation

and its setting The extent of excavation for the site is relatively minor and there is no heritage item in the vicinity of the site that would be affected by the proposed excavation works. (e) natural landforms and vegetation The proposed excavation is relatively minor given the cross fall of the site and that part of the basement level is already excavated. Accordingly it is considered that the natural landform of the site will not be significantly altered.



(f) natural water run-off patterns The proposal is considered to be satisfactory in terms of stormwater, subject to Conditions. Further, Council's Development Engineer has raised no objection to the proposal. Subject to the above-mentioned conditions, the excavation associated with the proposal is considered to be satisfactory with regard to the provisions of Clause 18 of WLEP 1995. Clause 25 Water, wastewater and stormwater: Clause 25(1) and (2) of WLEP 1995 requires council to consider the provisions of adequate stormwater drainage and the provisions of adequate water and sewage services. The proposal has been assessed against the provisions of Clause 25 and is considered to be satisfactory, subject to Conditions. Clause 25D Acid Sulfate Soils: The subject site is within the Class 5 Acid Sulphate Soil area identified in the Planning NSW Acid Sulphate Soil Risk Map. However, the subject works are not likely to lower the water table beyond 1m AHD below the existing ground level on any land within 500m of Class 1, 2, 3 or 4 land classification and therefore, there is no issue of acid sulphate affectation. 12. DEVELOPMENT CONTROL PLANS 12.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003 Site Area (674.1m²) Approved

DA 405/2005 Proposed Control Complies

Maximum Number of Storeys – Dwelling Part2/Part 3 Part 2/Part 3 2 No (part)

Building Boundary Setbacks Front (East) Rear (West) Side (North) Basement

Ground Floor First Floor Side (South)

Basement Ground Floor

First Floor

5.8m-8.0m

19.4m

1.0m 1.0m

4.1m 3.5m

5.1m-8.9m (roof

3.9m-6.8m)) 11.4m-18m

0.9m-4m 3.4m-4m 4m-4m

0.9m-10.4m 0.9m-1.5m 1.5m-3m

4.4m (2.3m & 6.4m)

11.4m

1.5m

1.5m-2.75m 2.35m-4.5m

1.5m

1.5m-2m 1.6m-3.7m

Yes, subject to Condition C.1

Yes

No(part) Yes

No(part)

No(part) No(part) No(part)

Ancillary Development (Swimming Pool/Spa/water feature) Maximum Height Rear Setback (West) Side Setback (North) Side Setback (South)

<3.6m >1.5m >1.5m

0.3m-4.3m

3.6m 1.5m 1.5m 1.5m

Yes Yes Yes

No(part) Ancillary Development (Rear deck) Maximum Height Rear Setback (West) Side Setback (North) Side Setback (South)

<0.7m-1.2m

>1.5m >1.5m >1.5m

3.6m 1.5m 1.5m 1.5m

Yes Yes Yes Yes

Setback from Significant Mature Trees >3m 3.0m Yes



Site Area (674.1m²) Approved DA 405/2005 Proposed Control Complies

Building Footprint 30.1% (212.0m2)

31.7% (214m2)

42% (283.1m2) Yes

Floor Space Ratio 0.549:1 (368.6m2)

0.58.8:1 (396m2)

0.55:1 (370.8m2) No

Floor to Ceiling Height – Habitable Rooms 2.7-2.8m 2.4m-3m 2.7m No

Maximum Unarticulated Length to Street <6m 6.0m Yes

Solar Access to Open Space of Adjacent Properties (Hrs on 21 June) >50% (or 35m2)

for 2 hours 50% (or 35m2)

for 2 hours Yes

Solar Access to Nth Facing Living Areas of Adjacent Properties (Hrs on 21 June) >3hrs 3.0 hours Yes

Excavation Piling and Subsurface Wall Setback >1.5m 1.5m Yes

Deep Soil Landscaping – Dwelling 68.5%

(315m²) 50% of 460.1m2

(230m2) Yes

Deep Soil Landscaping – Front Setback 55%

(57m²) 40% of 102.9m2

(41m2) Yes

Private Open Space at Ground Level – Total


3m

35m² Min dimension 3m Yes

Private Open Space at Ground Level – Principal Area


4m

16m² Min dimension 4m Yes

Location of Swimming Pool Rear setback Rear Setback Yes

Swimming Pool Setback from Significant Mature Trees >3m 3.0m Yes

Swimming Pool Excavation, Piling and Subsurface Wall Setback >1.5m 1.5m Yes

Swimming Pool Height Above Ground Level Adjacent to Adjoining Property In-ground 0.3m Yes

Front Fence Height 0.8m-1.8m

partially transparent

1.2m/1.5m where 50% transparent No(part)

BASIX – Water Cert. 162049S 40% Yes

BASIX – Energy Cert. 162049S 25% Yes

Solar Access to North-Facing Living Areas of Development (Hrs on 21 June) >3hrs 3.0 hours Yes

Setback of Bedroom Windows from Streets/Parking Areas of Other Dwellings >3m 3.0m Yes

Car Parking Excavation Part within/part outside building

footprint

Within Building Footprint No(part)

Location of Garages and Car Parking Structures Behind front

setback Behind Front Setback Yes

Garage Frontage Width 19.5% (3m)

40% of 15.4m (6.16m) Yes

Car Parking Spaces – Dwellings 2 2 Yes

Minimum Access Driveway Width 3.5m, Subject to Conditions

3.5m – 6.0m 6.0m – 9.0m

Yes, subject to Conditions

Area of Lockable Storage Spaces per Dwelling >8m³ 8m³ Yes



Site analysis performance criteria (Part 3) A site analysis has been provided and satisfies the requirements of Part 3. Desired future precinct character objectives and performance criteria (Part 4) The subject site is in the Vaucluse East precinct. The Vaucluse East precinct aims to retain the scenic qualities of the area, to reinforce the precinct’s landscape setting, to maintain mature street trees, to protect important views and to maintain the low rise residential building styles. The proposal results in the following non-compliances: Maximum number of storeys: C 4.14.7.3 stipulates a maximum height of two storeys. Where the landform of a site falls more than two metres from the street to the rear of the property an additional basement storey may be permitted provided that all other RDCP controls are met. The development provides a part two, part three storey dwelling-house, resulting in a non-compliance with this control. The non-compliance is acceptable in this instance for the following reasons: the third storey is located at basement level a basement level exists and the proposed works seek to alter and extend the existing basement

area the basement area will not be highly visible from the street given its setback of 7.9m-18.6m

back from the front boundary the dwelling presents as two storeys from the street front the basement level is relatively minor in area and consists of parking, storage and a rumpus and

laundry the locality is characterised by three storey dwellings the development complies with Council’s 9.5m height control

Front setback: C 5.2.2 requires that front setbacks are required to be consistent with those of adjoining properties, resulting in a front setback requirement of 4.4m. The proposed dwelling provides a front setback of 5.1m-8.9m which complies with this control. However, the angled roof is forward of the dwelling and has a front setback of 3.9m-6.8m resulting in a non-compliance of 0.5m with this control. The over hang of the roof results in adverse impacts on view loss from the neighbouring property, contrary to Objective O 5.2.2. Accordingly, Condition C.1 requires that the front of the roof is to be set back an additional 0.5m and is to comply with the minimum front setback of 4.4m in order to minimise view loss to the neighbouring property to the south. Front fence height: C 4.14.7.4 stipulates that front fences are to be no higher than 1.2m if solid or 1.5m if 50% transparent. The proposed front fence has a height of 0.8m-1.8m and is 50% transparent. The proposal results in a non-compliance of 0.3m. The non-compliance is satisfactory in this instance for the following reasons:



most of the front fence complies, some of the posts and a small part of the front gate results in a non-compliance largely due to the cross fall of the site and the posts being stepped along the fall

the fence and gates are partially (50%) open to minimise impacts on streetscape and to allow casual surveillance

the proposed front fence is consistent with other development within the street Streetscape performance criteria (Section 5.1) The development provides articulation and variation of materials to the front façade. The dwelling is consistent in form and scale with other development within the street, subject to Condition C.1 which sets the roof back to comply with the front setback requirement (refer above). The development allows casual surveillance and contributes to a safe and cohesive streetscape. The proposal provides a front entry visible from the street in accordance with performance criteria C 5.1.1 and the garage is set back behind the front façade in accordance with performance criteria C 5.1.2. Accordingly, the proposal is satisfactory with regard to Section 5.1. Building size and location performance criteria (Section 5.2) The objectives for Building Size and Location are as follows: O 5.2.1 To preserve established tree and vegetation networks and promote new networks by

ensuring sufficient areas for deep soil planting and sufficient setbacks between the rear of buildings

O 5.2.2 To ensure the size and location of buildings allow for the sharing of views and preserve privacy and sunlight access for neighbouring residences

O 5.2.3 To ensure the form and scale of development is not excessive and maintains the continuity of building forms and front setbacks in the street

O 5.2.4 To limit site excavation and minimise cut and fill to ensure that building form relates to the topography and to protect the amenity of adjoining properties both during and after construction

The proposal is considered to be consistent with the above-mentioned objectives for the following reasons: Council’s Tree and Landscape Officer has determined that the development proposal is

satisfactory in terms of tree preservation and landscaping, subject to Conditions the proposed roof form permits view sharing, subject to Condition C.1 (refer to Section 5.5) the development preserves the privacy (refer to Section 5.8) and solar access (refer to Section

5.2) for neighbouring residents the proposal provides consistent scale and form the development does not result in excessive excavation

The proposal is inconsistent with the following performance criteria: Side setbacks: C 5.2.5 stipulates a minimum side setback of 1.5m to be increased by 0.5m for every metre that exceeds 3m adjacent to the side boundary resulting in setback requirements of 1.5m-4.5m to the north and 1.5m-3.7m to the south. The development provides side setbacks of 0.9m-4 to the north and 0.9m-3m to the south. The development results in the following side setback non-compliances:



a maximum non-compliance to the north at basement level of 1.1m to the garage for a length of

9.2m a maximum non-compliance to the north at first floor level of 0.5m to the rear bedroom angled

roof a maximum non-compliance to the south at ground floor level of 0.6m to the existing office and

living room walls a maximum non-compliance to the south at basement level of 0.6m to the existing foundation

walls (4.9m in length) which will house the water tank a maximum non-compliance to the south at ground floor level of 2.7m in the area of the existing

walls and 0.5m for the new section of southern wall to the dining area and outdoor spa area a maximum non-compliance to the south at first floor level of 1.7m to the front elevated angled

roof structure, 0.2m to the alcove bathroom areas and 1.2m to the rear bedroom, ensuite and bathroom

The non-compliances are satisfactory in this instance for the following reasons: the extent of the non-compliances are minor and the proposed dwelling, as amended, is well

articulated and complies in the most part with the control (the non-compliances largely relate to existing structures and are a result of the site fall towards the rear)

the proposal will not adversely impact on significant landscaping, views, solar access or privacy (refer to assessment below)

the size, location, form and scale of the building is consistent with other development within the vicinity of the site and is similar in size, bulk and scale to a previously approved developemnt for a first floor addition (DA405/2005)

the non-compliances will not prevent side access to the rear the development will not create an unreasonable sense of enclosure to adjoining properties,

subject to Condition C.1, which reduces the height of the roof over and adjacent to the spa area at ground floor level by 1m from RL 63,430 to a maximum RL of 62,430 for a length of 9.1m from the rear (eastern) wall of the dining area. Whilst bamboo landscaping exists along the southern boundary which screens this built element to some extent from the neighbouring property (7 Village Lower Rd), it would be partially visible through this landscaping as proposed and would create an unreasonable sense of enclosure if the proposed height (in excess of 4m from the ground level of 7 Village Lower Road) is not reduced. Further, the reduction in height can easily be achieved and a suitable floor to ceiling height can be maintained by lowering the floor level which is raised 0.8m-1.9m above existing ground level

the proposal does not result in excessive or extensive excavation Ancillary development (Swimming pool, spa and water feature): C 5.2.4 stipulates a maximum height of 3.6m and minimum setbacks of 1.5m from all boundaries. The proposed swimming pool and spa comply with this requirement except for the water feature adjacent to the spa which results in a non-compliance of 1.2m for a length of 5.1m. This area does not require excavation and is only a water feature and wall, as demonstrated by the cross section provided. Accordingly, it will not have any detrimental impact on the neighbouring property to the south and is satisfactory in this instance. Floor to ceiling height: C 5.2.10 stipulates a minimum habitable room height of 2.7m. The proposal provides floor to ceiling heights of 2.4m-3m, resulting in a maximum non-compliance of 0.3m.



The non-compliance is satisfactory in this instance given that the only areas of non-compliance are the rumpus room at basement level and the rear level 1 bedroom, the BCA requirements are complied with in these rooms and the internal amenity and usability of the rooms will not be adversely affected. Excavation, piling and sub-surface wall setbacks: C 5.2.16 stipulates that the outer edge of excavation and sub-surface walls is to be a minimum of 1.5m from all boundaries. Refer to assessment under Clause 18 above. Solar access to north facing windows of the adjoining property: C 5.2.14 stipulates that north facing habitable rooms of neighbouring dwellings do not have sunlight reduced to less than 3 hours between 9am and 3pm on 21 June. The owner of the adjoining property to the south of the subject site, 7 Village Lower Road, has objected to the proposal on the grounds of loss of sunlight to ground floor living areas. The applicant has provided elevational shadow diagrams indicating existing overshadowing and the impact of the proposed development. The plans indicate that the ground and first floor living room windows will have more than 3 hours of sunlight between 9am and 3pm on 21 June. Accordingly, the proposal complies with the above control. Further, the development also provides satisfactory solar access to open space of neighbouring properties as required by Performance Criteria C 5.2.13. The owner of 7 Village Lower Road also raised concern that overshadowing should be considered all year round not just on 21 June as prescribed by the controls. The control requires assessment of overshadowing on 21 June as this is when the sun is lowest in the sky and the shadows are the longest and therefore have the worst case impact at this time. At all other times of the year the sun is higher in the sky and therefore shadows are shorter providing less impact on neighbouring properties than on 21 June. Accordingly, the assessment of shadow impact on 21 June as has been conducted for this development satisfies the requirements of Council’s control and provides an assessment of the worst case impact. Open space and landscaping performance criteria (Section 5.3) The development provides adequate open space and landscaping and achieves the objectives set out in Section 5.3. Further, Council’s Trees and Landscaping officer is satisfied with the proposal subject to Conditions. Fences and walls performance criteria (Section 5.4) No change is proposed to the side and rear fences. The front fence is discussed under Part 4 above. Views performance criteria (Section 5.5) The owners of 5 and 7 Village Lower Road have objected to the proposal on the grounds of loss of views due to the proposed new dwelling-house.



C 5.5.6 requires building forms to enable a sharing of views with surrounding residences, particularly from habitable rooms of surrounding residences. The LEC in Tenacity Consulting Pty Ltd V Warringah Council has adopted a four step assessment view sharing. The steps are as follows: 1. the assessment of the views affected 2. consideration from what part of the property views are obtained 3. the extent of the impact; and 4. the reasonableness of the proposal that is causing the impact 1. The assessment of the views affected The Court said: "The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured." Village Lower Road is a relatively steep, north-south running road. Subsequently, each dwelling house enjoys varied views of Sydney Harbour primarily from their northern elevation and from their western front elevations. The views affected by the proposal are wide water views of the harbour, north shore and the surrounding built and natural environment. Site inspections were carried out from both of the objectors’ properties. Four height poles were constructed along the southern elevation of the roof at four points along the roof and these were certified by a surveyor as being at the correct height. Additional site inspections were carried out from the objectors’ properties after the height poles were erected. The proposed plans were amended (dated 08/07/08) as requested by Council in order to provide a greater setback from the southern boundary. The amended plans have not altered the height of the roof form and therefore the height poles constructed under the original proposal are correct in terms of height for the current proposal. 2. Consideration from what part of the property views are obtained The Court said: "The second step is to consider from what part of the property the views are obtained. For example, the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic." From 5 Village Lower Road: The objector’s property; 5 Village Lower Road, is two properties removed from the subject site to the south and on the same side of the street. The land falls from the south to the north with the ground level of the objector’s property being approximately 4m higher than the subject site (as measured from the southern side boundary of the objector’s property and the southern boundary of the subject site). Views from 5 Village Lower Road are water glimpses of the harbour and land glimpses of the north shore. The view affected is at first floor level from the main bedroom to the rear of the dwelling which has a side window facing north. Most of the view is obscured by the existing built and natural environment. No view is achieved at ground floor level.



From 7 Village Lower Road: The objector’s property; 7 Village Lower Road, adjoins the subject site to the south. The land falls from the south to the north with the ground level of the objector’s property being 3m higher than the subject site (as measured from the southern side boundary of the objector’s property and the southern boundary of the subject site). Views from 7 Village Lower Road are achieved at ground floor level from the living room and at first floor level from the stairs, front bedroom, hall, bathroom and rear bedroom. The views from the ground floor living room are water glimpses viewed from the side of the property. This view is obscured to a large extent by existing vegetation. Views achieved at first floor level include views of the harbour, north shore and surrounding built and natural environment. These views are achieved from the front hall window, front bedroom window, side bathroom window and the side window of the rear bedroom. 3. The extent of the impact The Court said: "The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating." From 5 Village Lower Road: An inspection of the objector’s property revealed that the proposal will not obscure water or significant land views as the height of the proposed roof will be below existing vegetation and partially behind the adjoining property (No 7 Village Lower Road). Accordingly, the view loss is negligible.

View from the rear bedroom (north facing side window) at 5 Village Lower Road

Height pole to the rear of the proposed dwelling

Water views and north shore



From 7 Village Lower Road: An inspection of the objector’s property revealed that water glimpses through existing vegetation at ground floor level from the living room window to the side of the dwelling will be partially obscured by the development.

Glimpses from the side north facing living room window at ground floor level of 7 Village Lower Road

Water views of the harbour and the natural and built environment will be partially obscured by the proposed development as viewed from the first floor front hall window and first floor front bedroom window. Condition C.1 requires that the front of the proposed angled roof is to be set back to meet the minimum front setback requirement of 4.4m in order to minimise view loss and to comply with Council’s controls.

View from the front first floor hallway window of 7 Village Lower Road

Water glimpses available between the top of the bamboo hedge and the trees behind

Height pole to the front of the proposed dwelling

Height pole to the rear of the front roof section



View from the front first floor bedroom window of 7 Village Lower Road Views of the harbour from the first floor side stair window will generally not be affected as the roof line is below existing vegetation.

First floor northern side stair window of 7 Village Lower Road Partial vegetation views will be lost from the rear first floor bedroom side window, as can be seen below.

Height pole to the rear of the front roof section

Height pole to the front of the proposed dwelling

Height pole to the front of the rear roof section

Height pole to the rear of the front roof



View from the first floor northern side window of the rear bedroom of 7 Village Lower Road

Quantitatively, it is estimated that a maximum of 10-15% of the total views will be affected by the proposal, subject to Condition C.1. Qualitatively, the views that will be lost from the front of the objector’s property are water and land views. These views are viewed from a front hall window and front secondary bedroom window. All other view loss is from side windows including a rear bedroom, bathroom and ground floor living area. Views from bedrooms are not considered as significant as views from main living areas (refer above). The view loss from the ground floor living area is from the side of the property and the judgment states that the expectation of retaining side views is often unrealistic (refer above to point 2). Further, the views from the side window of the ground floor living room are water glimpses at most through existing dense vegetation. Accordingly, given the extent of the view lost and the nature and orientation of the rooms where view loss occurs, the view loss in this instance overall is considered to be minor. 4. The reasonableness of the proposal that is causing the impact The Court said: "The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable." The Court poses two questions in Tenacity Consulting v Warringah [2004] NSWLEC 140. The first question relates to whether a non-compliance with one or more planning controls results in view loss?

All four height poles on the southern elevation of the proposed dwelling



It is considered that the relevant controls when determining view loss are the building envelope controls i.e height, setbacks and FSR. The proposed dwelling complies with the height requirement and building footprint. The majority of the side setbacks comply (non-compliances occur for the top portion of the roof in some areas – refer above to assessment under Section 5.2). These non-compliances do not directly result in the loss of views from No 7 Village Lower Road and the establishment of compliant side setbacks would not bring about any noticeable improvement in views. The front of the building and roof element, subject to Condition C.1, complies with the front setback control. The rear of the building complies with the rear setback control. The proposal has a relatively minor non-compliance with the FSR control (26m2). This non-compliance is not considered to exacerbate view loss given the minor extent of the non-compliance and given that a development complying with the FSR could result in the same impacts. The development has a partial non-compliance in terms of number of storeys where it has a basement level. The basement level is an existing level and is located towards the middle and rear of the proposed dwelling house where the land has a cross fall from south to north and also a fall from front to rear. Accordingly, the existing basement level (which largely consists of sub floor areas and water storage) does not directly impact on view. Further, the proposed dwelling complies with the height control and is mostly below the height of the previously approved first floor addition on the site (DA405/05). Given that the proposal complies with or is satisfactory with regard to the relevant controls, the second question posed by the Court relates to whether a more skilful design could provide the same development potential whilst reducing the impact on views? The answer, in this instance, is considered to be no, subject to Condition C.1 which requires the front roof element to comply with the front setback control. The proposal has been designed to minimise impacts in terms of view loss by providing a roof design which dips in the middle (lower than the development previously approved at the site under DA405/2005) so as to maintain water views for neighbouring properties without detrimentally impacting on the usability of the subject development. In terms of 5 Village Lower Road, there will be negligible view loss as a result of the development. In terms of 7 Village Lower Road, whilst the proposal will impact on land and water views, the extent of impact is not considered to be significant in this instance for the reasons discussed above. The areas of non-compliance impact on rooms that are not main habitable rooms and most of the views affected are from side windows. Further the full retention of existing views for 5 and 7 Village Lower Road would not satisfy the objects (Clause 5) of the EPA Act 1979 relating to the orderly economic development of land. Accordingly, the proposal is considered to be consistent with the objectives and performance criteria stipulated under Part 5.5 of the WRDCP 2003. Energy efficiency performance criteria (Section 5.6) The development application was accompanied by BASIX Certificate 162049S committing to environmental sustainability measures. Refer to Conditions. Accordingly, the proposal demonstrates compliance with the relevant objectives and performance criteria stipulated under Part 5.6 of WRDCP 2003.



Stormwater management performance criteria (Section 5.7) The proposal is satisfactory, subject to Conditions. Acoustic and visual privacy performance criteria (Section 5.8) The owners of 7 Village Lower Road, 10 Olphert Avenue and 12 Olphert Avenue have objected regarding potential loss of privacy to the proposal. Objective O 5.8.1 requires adequate acoustic and visual privacy to be maintained for occupants and neighbours. C 5.8.5 stipulates habitable room windows with a direct sightline to a habitable room window in an adjacent dwelling within 9 metres is to be offset, contain obscure glazing or have a sill height of more than 1.7 metres. C 5.8.6 stipulates that balconies, terraces, decks and other like areas within a development are suitably screened to prevent direct views into habitable rooms or private open space areas of adjacent dwellings. The following assessment has been made for visual and acoustic privacy for neighbouring properties: Privacy Impact on 7 Village Lower Road: The owners of 7 Village Lower Road have objected to the proposal on the grounds that privacy should be protected. A site inspection of the subject site and an assessment of the application revealed that privacy will not be adversely affected for the following reasons: substantial vegetation and a side boundary fence exists along the boundary of the two properties there will be no direct line of sight from new windows at ground floor level to the neighbouring

property to the south at 7 Village Lower Road the spa area will be screened by a feature wall and existing vegetation substantial vegetation along the southern boundary will screen the deck and pool area form

overlooking the upper floor windows on the southern elevation are to the hall and stair area and a bathroom.

The bathroom window is a high light window and the stair/hall windows are set back 3m from the southern boundary and will not have any adverse privacy impact

the rear of the development has a bathroom window with screening and the bedroom balcony on the northern side to the rear has a balcony that is set back behind the bathroom on the southern side and will not therefore allow any significant overlooking

Privacy impact on 10 Olphert Avenue and 12 Olphert Avenue (to the rear): The owners of 10 Olphert Avenue and 12 Olphert Avenue raised concern regarding planting and screening along the eastern (rear boundary) in terms of protecting privacy, the height of the deck and overlooking from the rear windows and balcony. A site inspection of the subject site and an assessment of the application revealed that privacy will not be adversely affected for the following reasons: there is substantial landscaping to the rear of the subject site that will remain and will protect

privacy between the two properties



the deck is located 5.8m-6.5m from the rear boundary and is 0.7m above existing ground level to the rear with steps going up to the deck. The distance of the deck from the rear boundary and the existing landscaping is adequate to protect privacy between the subject site and properties to the rear

the rear balcony is a small balcony that would not accommodate large gatherings, it is off a rear bedroom and is set back in excess of 17m from the rear boundary

the rear window is a bathroom window and timber screening is indicated on the rear elevation plan. Further the bathroom window is set back approximately 21m from the rear boundary

Privacy impact on 11, 13 and Village Lower Road (the adjoining properties to the north): The owners of the adjoining properties to the north have not objected to the proposal on the grounds of loss of privacy. Notwithstanding this, the following assessment is provided: the properties that adjoin the northern boundary (11, 13 and 15 Village Lower Road) are

oriented with the rear of the properties backing onto the northern side boundary of the subject site

the terrace over the garage is deleted by Condition C.1 and a privacy screen is required on the northern elevation of the small ground floor terrace between the living areas

significant vegetation exists within the rear garden of 13 and 15 Village High Road which would preserve privacy between these properties and the subject site

the proposed dwelling is set 4m back form the northern boundary a side boundary fence and existing vegetation exists along the northern boundary of the subject

site the proposed windows on the northern elevation have timber batten screening

Accordingly, the proposal is considered to be satisfactory with regard to Section 5.8. Car parking and driveways performance criteria (Section 5.9) The proposal results in the following non-compliance: Car parking excavation: C 5.9.1 stipulates that excavation for car parking is to be within the building footprint. The proposed car parking excavation is located partially outside of the building footprint. Given that most of the basement garage area is within the building footprint and it is located where the land falls towards the north, making it less prominent as viewed from the street, the proposed partial non-compliance is satisfactory in this instance. Driveway width: C 5.9.8 stipulates a minimum driveway width of 3.5m. Subject to Condition C.1, which requires the garage width to be widened to meet the DCP requirement, the proposal is satisfactory. Site facilities performance criteria (Section 5.10) The proposal is considered to be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part 5.10 of WRDCP 2003. Access and mobility performance criteria (Section 5.13) Refer to Access DCP below.



12.2 DCP for off-street car parking provision and servicing facilities The development complies with the DCP requirement of two off street car parking spaces. 12.3 Woollahra Access This proposal is for a Class 1 building. The Access DCP encourages, rather than requires, visitor access for older people or people with a disability. Access has not been provided in this proposal, however, this is considered acceptable under the provisions of the DCP. 12.4 Other DCPs, codes and policies None relevant. 13. APPLICABLE REGULATIONS Section 92 of the EP&A Regulation 2000. This is addressed by Condition E.1. 14. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts of the proposal have been considered elsewhere in this report. 15. THE SUITABILITY OF THE SITE The subject site is considered to be suitable for the proposed development. 16. SUBMISSIONS The original proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. The application was readvertised following amendments to the plans. Submissions from four owners were received in total for the two notification periods: First notification period: Mr B & L Deutsch of 5 Village Lower Road, Vaucluse Mr S & Mrs P Jacob of 7 Village Lower Road, Vaucluse

Second notification period: Mr S & Mrs P Jacob of 7 Village Lower Road, Vaucluse Ms M Robinson of 10 Olphert Avenue, Vaucluse Mr U & Mrs B Lawrence of 12 Olphert Avenue, Vaucluse

The objectors raised the following issues: loss of sunlight

Comment – The development complies with Council’s solar access controls, refer to assessment above.



view loss

Comment – Refer to assessment above. damage to tree roots on the boundary between the subject site and 7 Village Lower Road

Comment – no excavation is proposed in the vicinity of the trees towards the rear of the neighbouring property adjacent to the southern boundary of the subject site. The rear ground floor element of the proposed dwelling is setback 1.5m from the southern side boundary and requires excavation for footings only. Council’s trees officer considers the proposal to be satisfactory with regard to impacts on trees and vegetation. the southern wall at ground floor level extending towards the rear of the subject site will be

imposing Comment – Condition C.1 requires the southern wall at the rear of the dwelling at ground floor level to be reduced in height by 1m from RL 63.430 to RL 62.430 in order to minimise impacts on the neighbouring property to the south (7 Village Lower Rd). the southern wall of the first floor bathroom will block light and views

Comment - The bathroom wall at first floor level is set back 2.5m from the southern side boundary and is similar in extent to the previously approved first floor addition on the site. The development is satisfactory in terms of views and solar access – refer to assessment above. the spa bath and water is too close to the southern boundary of the subject site

Comment – The spa is setback more than 1.5m from the southern boundary. The water feature is located 0.3m from the southern boundary but this is a landscape water feature only and does not require excavation. the rear deck should be a minimum of 1.5m from the eastern (rear) boundary

Comment – the deck complies with this control and the rear setback control, refer to the assessment above. clarification required regarding the material and colour of the roof. Non reflective materials

should be used Comment – Condition C.1 requires the roof to be of a dark and recessive colour and non-reflective materials clarification required with regard to planting and screening along the eastern (rear) boundary

to protect privacy Comment – there is no proposed removal of vegetation to the rear of the site in the application. Privacy is considered to be adequately maintained, refer to the privacy assessment above. the proposed second floor southern wall extends further towards the rear in the amended plans

and will adversely impact on views and light to 7 Village Lower Road



Comment – an assessment of view loss and solar access is provided above and is satisfactory with regard to Council’s controls. shadow diagrams should be considered for the whole year not just June

Comment – This has been addressed above under the assessment of solar access. the new development has higher RLs and a deeper plane than previously approved

Comment – most of the proposed dwelling is below the height of the previously approved dwelling. Further, the development complies with Council’s height requirement. the over hangs at the front and rear will exacerbate view loss

Comment – The overhang to the front is reduced by Condition C.1. to comply with the front setback. The rear overhang does not cause view loss as the water views are obscured by existing vegetation in the area of the rear overhang. floor to ceiling heights could be reduced to bring the overall RL down

Comment – The basement level provides a floor to ceiling height of 2.4m which is less than Council’s minimum requirement but achieves compliance with the minimum BCA requirement. The development achieves Council’s minimum floor to ceiling height at ground floor level. At first floor level the roof is tilted inwards in order to minimise view loss to neighbouring properties whilst still achieving good internal amenity to the occupants of the subject dwelling. Where the roof tilts inwards, the development achieves Council’s minimum 2.7m floor to ceiling height. At the eastern and western ends where the roof tilts upwards the first floor rooms have a floor to ceiling height of 3m. Generally the development only meets minimum requirements and there is little room for reduction. Further, the development achieves compliance with Council’s height control. the existing bamboo hedge along the southern boundary of the subject site has been drawn in on

the plans to soften the impact of the new wall. The bamboo has caused problems to the neighbouring property (7 Village Lower Road) in terms of views, light and leaf fall.

Comment –Whilst it is recognised that the bamboo hedge has been a matter of contention between the current owner at 7 Village Lower Road and the former owner at 9 Village Lower Road, the hedge is an existing hedge and does not form part of the current application and is a private matter between the two owners. new development should be carried out in a way that respects the rights of the adjoining

properties in terms of light, views and the value of their properties Comment – Solar access and views have been assessed above. Individual private value of property is not relevant to this application. loss of privacy

Comment – Refer to assessment above. 17. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C.



18. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to Development Application No. 802/2007 for demolition of existing dwelling and construction of new part two/part three storey dwelling house and swimming pool on land at 9 Village Lower Road Vaucluse, subject to the following conditions: A. General Conditions A.1 Conditions


A.2 Definitions

Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: a. The collection of stormwater, b. The retention of stormwater, c. The reuse of stormwater, d. The detention of stormwater, e. The controlled release of stormwater; and f. Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site.



Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: a. the use of land in connection with development, b. the subdivision of land, c. the erection of a building, d. the carrying out of any work, e. the use of any site crane, machine, article, material, or thing, f. the storage of waste, materials, site crane, machine, article, material, or thing, g. the demolition of a building, h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of

land, i. the delivery to or removal from the site of any machine, article, material, or thing, or j. the occupation of the site by any person unless authorised by an occupation certificate. Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any

condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2





Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped

approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g)

of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)



The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense. Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and

preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8 B. Conditions which must be satisfied prior to the demolition of any building or

construction B.1 Construction Certificate required prior to any demolition

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1


DA102 Rev C Basement Plan CKing Design Studio 08/07/08 DA103 Rev C Ground Floor Plan CKing Design Studio 08/07/08 DA104 Rev C Level 1 Plan CKing Design Studio 08/07/08 DA105 Rev C Roof Level CKing Design Studio 08/07/08 DA201 Rev C Section 1 CKing Design Studio 08/07/08 DA202 Rev C Section 2 CKing Design Studio 08/07/08 DA203 Rev C Pool Sections CKing Design Studio 08/07/08 DA301 Rev C North Elevation CKing Design Studio 08/07/08 DA302 Rev C South Elevation CKing Design Studio 08/07/08 DA303 Rev C East Elevation CKing Design Studio 08/07/08 DA304 Rev A West Elevation CKing Design Studio 21/11/07

Arborist Report Hayden Coulter 7 Mar 2008 162049S BASIX Certificate Department of Planning 28/11/2007 Ref: 21835VTLet Geotechnical Report Jeffery & Katauskas P/L 9 Jan 2008 Dwg No 6.4 Issue A Driveway Sections CKing Design Studio 26.02.08 Dwg No. HDA01/P1 to 05 Amendt P1

Stormwater Management Plan Whipps Woods Consulting

27.02.08



B.2 Recording of buildings with little or no heritage significance that are to be demolished:

A photographic archival record of the building and landscape elements to be demolished is to be submitted prior to the commencement of demolition work and prior to the issue of a Construction certificate. The photographic archival recording is to be bound in an A4 format and is to include the following: Site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major landscape elements including their relationship to the street and adjoining properties. Postcard sized photographs of: a. each elevation, b. each structure and landscape feature; c. views to the subject property from each street and laneway or public space. Each photograph to be mounted, labelled and cross-referenced in accordance with recognised archival recording practice. One original coloured photographic set and a coloured photocopy are to be submitted to the satisfaction of Council prior to the commencement of demolition work and prior to the issue of a construction certificate. The original will be retained by Council and the coloured photocopy will be provided to the Woollahra Local History Library.

Standard Condition: B4 B.3 Establishment of Tree Protection Zones

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas Council Reference No:


1 Lophostemon confertus Brush Box

Rear yard south eastern corner

As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08


Rear yard eastern boundary


3 Archontophoenix cunninghamiana Bangalow Palm *multi-trunk

Rear yard northern side As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08



5 Archontophoenix cunninghamiana Bangalow Palm *single trunk

Rear yard centre As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08

6 Archontophoenix cunninghamiana Bangalow Palm *twin-trunk

Rear yard upper level north eastern corner


6a Archontophoenix cunninghamiana Bangalow

Rear yard north eastern corner

As per the submitted Hayden Coulter Arboriculture



Palm *single trunk Assessment dated 7 March 08 7 Archontophoenix

cunninghamiana Bangalow Palm *single trunk



7a Archontophoenix cunninghamiana Bangalow Palm *single trunk



8 Brachychiton acerifolius Illawarra Flame tree

Rear yard southern boundary


9 Olea europea var. africana African Olive

Rear yard of 7 Village Lower Rd on northern side boundary


10 Melaleuca quinquenervia Broad-leafed Paperbark

Rear yard side northern boundary


11 Eucalyptus tereticornis Forest Red Gum

Rear yard of 13 Village Lower Rd


12 Camellia sp. Camellia hedge Side northern boundary 0.9 13 Murraya paniculata Mock

Orange Side northern boundary 0.9

14 Camellia sp. Camellia hedge Front yard southern boundary

1

15 Murraya paniculata Mock Orange hedge

Front yard western front boundary southern side of property

1


Front yard western front boundary northern side of property

1

*NB: Where this condition relates to street trees and the fence cannot be placed at the specified radius,

the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected.

b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh

fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) A sign must be erected on each side of the fence indicating the existence of a Tree

Protection Zone and providing the contact details of the site Arborist. d) Existing soil levels must be maintained within Tree Protection Zones. Where excavation

is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

d) Sediment control measures are to be installed around all Tree Protection Zones to

protect the existing soil levels. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes,

cleaning of tools or equipment is not permitted within Tree Protection Zones.



Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

Standard Condition: B5 C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail: a. The roof is to consist of non-reflective materials and is to be of a dark recessive colour

in order to prevent glare to neighbouring properties; b. The roof overhang at the front of the dwelling is to be set back 0.5m to comply with the

front setback control of 4.4m; c. The height of the roof over and adjacent to the spa area at ground floor level is to be

reduced in height by 1m to a maximum RL of 62.430 for a length of 9.1m from the rear (eastern) wall of the dining room in order to reduce bulk and scale impacts on the neighbouring property to the south (7 Village Lower Road). The deck floor level is to be adjusted accordingly;

d. The roof terrace above the garage is to be non-trafficable and the balustrades to the roof of the garage are to be deleted

e. The ground floor terrace area located towards the northern side of the dwelling between the living areas is to have a 1.7m timber batten privacy screen erected, as measured from finished floor level, and to be located 4m back from the northern side boundary and to be in line with the ground floor northern dwelling walls for the length of the small terrace (2.8m in length)

f. The entrance throat within the garage is to be widened g. The garage entrance is to be widened to at least 3.5m.






C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the

Local Government Act 1993) The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically



a. prior to the issue of a construction certificate, where a construction certificate is required; or

b. prior to the issue of a subdivision certificate, where only a subdivision certificate is required; or

c. prior to the issue of an occupation certificate in any other instance.






No



$35,000 No T115

Infrastructure Works Bond -Completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent.

$22,000 No T112

DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005

This plan may be inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au .

Development Levy (S94A) $16,465.88 + Index Amount Yes, quarterly T96


Public Road and Footpath Infrastructure Inspection Fee $363.25 No T45

Security Administration Fee $168 No T16 TOTAL SECURITY, CONTRIBUTIONS,


Plus any relevant indexed amounts and long service levy Building & Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. Note: The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further

information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41.

How must the payments be made? Payments must be made by: a. Cash deposit with Council, b. Credit card payment with Council, or c. Bank cheque made payable to Woollahra Municipal Council.



The payment of a security may be made by a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005

Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:

a. the reasons given; b. whether any prejudice will be caused to the community deriving benefit from the public facilities; c. whether any prejudice will be caused to the efficacy and operation of this plan; and d. whether the provision of public facilities in accordance with the adopted works schedule will be adversely

affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where:

a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council




Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5

C.3 BASIX commitments The applicant must submit to the Certifying Authority BASIX Certificate No. 162049S with any application for a Construction Certificate.



Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new

BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7 C.4 Structural Adequacy of Existing Supporting Structures

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application. Note: This condition is imposed to ensure that the existing structure structural is able to support the additional

loads proposed. Standard Condition: C35 C.5 Professional Engineering Details



Standard Condition: C36 C.6 Swimming and Spa Pools – Child Resistant Barriers

The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992. Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed

does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55

C.7 Swimming and Spa Pools – Backwash

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.



Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the

sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the

Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56

C.8 Road and Public Domain Works – Council approval required

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to Council’s Development Engineer and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate. To accommodate this requirement, the following infrastructure works must be carried out on Council property at the Applicants expense:

Road & Footpath

• Full width vehicular crossings having a width of 3.5m including new layback and gutter in accordance with Council’s standard drawing RF2.

• Removal and replacement of the existing footpath for the full width of the property in accordance with Council’s standard drawing RF3.

• Removal of all driveway crossings and kerb laybacks which will be no longer required. • Reinstatement of footpath, kerb and gutter to match existing.

Drainage • Construction of a standard gully pit in the kerb fronting the subject site in accordance

with Council’s Standard “Grated Gully Pit with extended Kerb Inlet” drawing DR1. • Construction of approximately 40m of 375mm RCP in-ground drainage line under the

kerb and gutter at standard depth. The line must connect the new gully pit to the existing Council pit located downstream at corner of Village Lower Road at the NW corner of No.11.

• The pipeline is to be located at the front and parallel to the existing kerb generally in the gutter area

• The developer shall be responsible for carrying out any service investigations to allow a gravity connection.

Bond • A bond of $ 22,000 (Twenty Two Thousand dollars) will be used as security to ensure

the satisfactory completion of the infrastructure works. The security or bank guarantee must be the original and not have an expiry date.

• Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council’s requirements.

• The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council approved drawings and to Council requirements



An “Application to carry out works in a Public Road” form (available from Councils web-site http://www.woollahra.nsw.gov.au) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:

• Engineering drawings (plan, sections and elevation views) and specifications of the

footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment.

• Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

The design of the works must be in accordance with Council’s Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004) available from Council's website www.woollahra.nsw.gov.au. Four weeks should be allowed for assessment. Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain design and construction works must comply with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au .

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may

impose one or more Infrastructure Works Bonds. Note: Four (4) weeks is to be allowed for the Roads Act assessment Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public

stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.

Standard Condition: C13 C.9 Soil and Water Management Plan – Submission & Approval

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a. “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate.



Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant

experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.


down loaded free of charge from http://www.woollahra.nsw.gov.au/ . Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter.

Standard Condition: C25 C.10 Geotechnical and Hydrogeological Design, Certification & Monitoring

The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a. Provide appropriate support and retention to ensure there will be no ground settlement

or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b. Provide appropriate support and retention to ensure there will be no adverse impact on

surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c. Provide foundation tanking prior to excavation such that any temporary changes to the

groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d. Provide tanking of all below ground structures to prevent the entry of all ground water

such that they are fully tanked and no on-going dewatering of the site is required. e. Provide a Geotechnical and Hydrogeological Monitoring Program that:

i. Will detect any settlement associated with temporary and permanent works and structures;

ii. Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like);

iii. Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity);

iv. Will detect groundwater changes calibrated against natural groundwater variations;

details: • the location and type of monitoring systems to be utilised; • the preset acceptable limits for peak particle velocity and ground water

fluctuations;



• recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and

• a contingency plan. Standard Condition: C40

C.11 Bicycle, Car and Commercial Parking Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively and amended as follows: The entrance throat within the garage is to be widened to the south in the form of a

triangle 0.8m wide at the height with a base of 4.5m The garage entrance is to be widened to at least 3.5m. Access levels and grades must comply with Driveway Sections CKing Design Studio

Dwg No 6.4 Issue A dated 26.02.08 and access levels and grade required by Council under the Roads Act 1993.

The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.

Standard Condition: C45 C.12 Stormwater management plan (Clause 25(2) WLEP 1995)

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a) general design in accordance with Whipps Woods Consulting Dwg no. HDA01/P1 to 05

dated Amendment P1 dated 27.02.08; b) the discharge of stormwater, by direct connection by Council specification pipeline to

the existing Council pit located 40m downstream; c) compliance the objectives and performance requirements of the BCA; d) any rainwater tank required by BASIX commitments including their overflow

connection to the Stormwater Drainage System, and e) general compliance with the Council’s draft Development Control Plan Stormwater

Drainage Management (draft version 1, public exhibition copy dated 23 August 2004), and

f) on-site stormwater detention (“OSD’). OSD Requirements The minimum (OSD) Site Storage Requirements (“SSR”) and the Peak Site Discharge (“PSD”) from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m2 site area:



Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³

2 year 23.5 L/s 4m³ 100 year 34 L/s 25m³ – Dwelling House

27m³ – Residential Flat Building 29m³ – Other Development

All values based on per 1000m² site area (interpolate to site area). Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: • Where the rainwater tank is used for external uses only, 40% of the rainwater tank

volume to a maximum of 4m³ , or • Where the rainwater tank is used for external and internal uses, 75% of the rainwater

tank volume to a maximum of 7.5m³. Example: The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres. The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: • All pipe layouts, dimensions, grades, lengths and material specification, • Location of On-Site Detention, • All invert levels reduced to Australian Height Datum (AHD), • Location and dimensions of all drainage pits, • Point and method of connection to Councils drainage infrastructure, and • Overland flow paths over impervious areas.

On-site Detention (OSD) details: • Any potential conflict between existing and proposed trees and vegetation, • Internal dimensions and volume of the proposed detention storage, • Diameter of the outlet to the proposed detention storage basin, • Plans, elevations and sections showing the detention storage basin invert level, centre-

line level of outlet, top water level, finished surface level and adjacent structures, • Details of access and maintenance facilities, • Construction and structural details of all tanks and pits and/or manufacturer’s

specifications for proprietary products, • Details of the emergency overland flow-path (to an approved Council drainage point) in

the event of a blockage to the on-site detention system, • Non-removable fixing details for orifice plates where used, Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required.



Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable

manner. Standard Condition: C51 C.13 Tree Management Details

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a. trees to be numbered in accordance with these conditions, b. shaded green where required to be protected and retained, c. shaded yellow where required to be transplanted, d. shaded blue where required to be pruned, e. shaded red where authorised to be removed and, f. references to applicable tree management plan, arborists report, transplant method

statement or bush regeneration management plan. Standard Condition: C30

D. Conditions which must be satisfied prior to the commencement of any development

work D.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 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




terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b. to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Note: This condition must be satisfied prior to commencement of any work in relation to the contract of


Standard Condition: D1 D.2



Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.

Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either a. the vertical height above footpath level of the structure being demolished is less than 4.0

m; or b. the least horizontal distance between footpath and the nearest part of the structure is

greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must a. extend from the common boundary to 200mm from the edge of the carriageway for the

full length of the boundary; b. have a clear height above the footpath of not less than 2.1 m;

terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.



The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm. Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a

hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.

Standard Condition: D11 D.3 Dilapidation Reports for existing buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): • 7 Village Lower Road • 11 Village Lower Road The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work.


D.4 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times.



“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.

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

116G of the Act, to comply with the technical provisions of the State’s building laws.” Note: PCA and principal contractors must also ensure that signs required by this clause are erected and

maintained (see clause 227A which imposes a penalty exceeding $1,000). Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder

who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation. Standard Condition: D12 D.5 Building - Construction Certificate, Appointment of Principal Certifying Authority,

Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)

The erection of the building in accordance with this development consent must not be commenced until: a. a construction certificate for the building work has been issued by the consent authority,

the council (if the council is not the consent authority) or an accredited Certifier, and b. the person having the benefit of the development consent has:


building work as an owner-builder, if that is the case, and b1. the principal certifying authority has, no later than 2 days before the building work

commences: i. notified the consent authority and the council (if the council is not the consent

authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of the building work, and

b2. the person having the benefit of the development consent, if not carrying out the work

as an owner-builder, has: i. appointed a principal contractor for the building work who must be the holder of a

contractor licence if any residential building work is involved, and ii. notified the principal certifying authority of any such appointment, and



iii. unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and


Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure

or part of a structure. Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an

extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to, an

existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can

be downloaded from Council’s website www.woollahra.nsw.gov.au . Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in

breach of section 81A(2) of the Act. Standard Condition: D15

D.6 Notification of Home Building Act 1989 requirements a. For the purposes of section 80A (11) of the Act, the requirements of this condition 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.

b. 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:

i. in the case of work for which a principal contractor is required to be appointed:

• the name and licence number of the principal contractor, and • the name of the insurer by which the work is insured under Part 6 of that

Act,

ii. in the case of work to be done by an owner-builder: • the name of the owner-builder, and • if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.







D.7 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a. the boundaries of the site by permanent marks (including permanent recovery points); b. the location and level of foundation excavations, footings, walls and slabs by permanent

marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum (“AHD”) in compliance with the approved plans;

c. establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and

d. provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note: Where the principal contractor or owner builder notes any discrepancy between the approved

development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey

Marks as permanent marks should be considered by the registered surveyor. Standard Condition: D18 D.8 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to

ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6

D.9 Construction Management Plan

As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Due to the lack of on-street parking availability a Work Zone may be required from Council during construction.

A construction management plan must be submitted and approved by Council’s Development Engineer. The plan must:- a. describe the anticipated impact of the construction works on: • local traffic routes • pedestrian circulation adjacent to the building site • and on-street parking in the local area, and;



b. describe the means proposed to: • manage construction works to minimise such impacts, • provide for the standing of vehicles during construction, • provide for the movement of trucks to and from the site, and deliveries to the site, and; c. show the location of: • any site sheds and any anticipated use of cranes and concrete pumps, • any areas of Council property on which it is proposed to install a Works Zone

(Construction Zone), • structures to be erected such as hoardings, scaffolding or shoring, • any excavation. d. describe the excavation impact on the area including • Number and types of trucks to be used • Time frame • Streets to be used • Routes to be taken • Directions of travel • Truck storage areas • It is recommended that vehicle routes be shared • Excavation is to only be carried out outside peak and school hours between 9.30am to

2.30pm week days • The CMP is to include both demolition and excavation works. e. show the location of all Tree Protection (Exclusion) Zones as required within the

conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the

Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9

D.10 Erosion and Sediment Controls – Installation

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. “Do it Right On Site, Soil and Water Management for the Construction Industry”


Department of Housing 4th Edition” ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists




Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from www.woollahra.nsw.gov.au.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices




Standard Condition: D14 D.11 Work (Construction) Zone – Approval & Implementation

A work zone is required for this development. The principal contractor or owner must apply for, obtained approval for, pay all fees for and implemented the required work zone before commencement of any work. The principal contractor must pay all fees associated with the application and occupation and use of the road as a work zone. All Work Zone signs must have been erected by Council to permit enforcement of the work zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of work zone fees. Note: The principal contractor or owner must allow not less than four weeks (for routine applications) from the

date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.

Note: The enforcement of the work zone is at the discretion of Council’s Rangers and the NSW Police Service.

The principal contractor must report any breach of the work zone to either Council or the NSW Police Service.

Standard Condition: D10 E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the

Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is 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




terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

b. to the erection of a temporary building.



In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

Standard Condition: E1 E.2 Compliance with Australian Standard for Demolition



Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be

satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey

reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.

Standard Condition: E5 E.4 Hours of Work –Amenity of the neighbourhood

a. No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering

or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.


This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in

particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.

Note: Each and every breach of this condition by any person may be subject to separate penalty infringement

notice or prosecution.



Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.




Standard Condition: E6 E.5 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must: a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the

footway. b. Not use the road or footway for the storage of any article, material, matter, waste or

thing. c. Not use the road or footway for any work. d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all

relevant parts of this set of standards. b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety

and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close

any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.



otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only

with the prior approval of the council including: Part C Management of Waste: “1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place.” Part E Public roads: “1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle

projecting over the footway



2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”


Standard Condition: E7 E.6 Site Cranes

Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards. Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993, Crown Lands Act 1989 or Roads Act 1993. The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth). No illuminated sign(s) must be erected upon or displayed upon any site crane. Note: Where it is proposed to swing a crane over a public place the principal contractor or owner builder must

make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place.

Note: Where it is proposed to swing a crane over private land the consent of the owner of that private land is

required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments.

Standard Condition: E19 E.7 Check Surveys - boundary location, building location, building height, stormwater

drainage system and flood protection measures relative to Australian Height Datum The Principal Contractor or Owner Builder must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the building(s) and the stormwater drainage system relative to the boundaries of the site and that the height of buildings and the stormwater drainage system relative to Australian Height Datum complies with this consent at the following critical stages. The Principal Contractor or Owner Builder must ensure that work must not proceed beyond each of the following critical stages until compliance has been demonstrated to the PCA’s satisfaction: a) Upon the completion of foundation walls prior to the laying of any floor or the pouring

of any floor slab and generally at damp proof course level; b) Upon the completion of formwork for floor slabs prior to the laying of any floor or the

pouring of any concrete and generally at each storey; c) Upon the completion of formwork or framework for the roof(s) prior to the laying of

any roofing or the pouring of any concrete roof;



d) Upon the completion of formwork and steel fixing prior to pouring of any concrete for any ancillary structures, swimming pool or spa pool or the like;

e) Driveway transitions and crest thresholds prior to pavement of driveways; f) Stormwater Drainage Systems prior to or post construction confirming location, height

and capacity of works. g) Flood protection measures are in place confirming location, height and capacity. Note: This condition has been imposed to ensure that development occurs in the location and at the height

approved under this consent. Standard Condition: E20 E.8 Placement and use of Skip Bins

The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local

Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully

park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Waste storage containers must not be located on the footpath without a site specific activity approval.

Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards.



This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as

practically possible to minimise dust. Note 1: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site

www.woollahra.nsw.gov.au or obtained from Council’s office. Note 2: Special precautions must be taken when removing asbestos or lead materials from development sites.

Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.






E.10 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming

Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.

Standard Condition: E26 E.11 Compliance with Construction Management Plan

All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking

legislation prevails. Standard Condition: E3 E.12 Maintenance of Environmental Controls

The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note 1: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

E.13 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and

hydrogeological measures by the professional engineer; and



c) the contingency plan. Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted

with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council’s recommendation that the author of the report be retained during the construction stage.

Standard Condition: E12 E.14 Support of adjoining land and buildings

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or

building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain:

a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.

Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).



Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not

adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council’s care control or management, or any community or operational land as defined by the Local Government Act 1993.


E.15 Vibration Monitoring Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately.



Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer. Where the event requires, in the opinion of the professional engineer, any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer. A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land. Note: Professional engineer has the same mean as in Clause A1.1 of the BCA. Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any

structure or part of a structure”. Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919.


E.16 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) “Do it Right On Site, Soil and Water Management for the Construction Industry”





Note 1: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note 2: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of

premises at or from which any pollution occurs is taken to have caused the pollution”. Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution.

Standard Condition: E15 E.17 Disposal of site water during construction

The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is

obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act

1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;


Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected

by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.

Standard Condition: E17 E.18 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous

Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down

loaded free of charge from Council’s website www.woollahra.nsw.gov.au Standard Condition: E24 E.19 Tree Preservation




General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The

Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 40mm excavation

must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.


Note: Trees must be pruned in accordance with Australian Standard AS 4373 – 2007 “Pruning of Amenity

Trees” and Workcover NSW Code of Practice Amenity Tree Industry 1998. Standard Condition: E8


All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Private Land Council Reference No:


1 Lophostemon confertus Brush Box Rear yard south eastern corner 13 x 8 2 Lophostemon confertus Brush Box Rear yard eastern boundary 8 x 6 3 Archontophoenix cunninghamiana

Bangalow Palm *multi-trunk Rear yard northern side 5 x 3


Rear yard northern side 5 x 4


Rear yard centre 6 x 4



6 x 3


Rear yard north eastern corner 7 x 3


Rear yard eastern boundary 5 x 3


Rear yard eastern boundary 5 x 3


Rear yard southern boundary 13 x 5



13 x 10


Rear yard side northern boundary 12 x 7


Rear yard of 13 Village Lower Rd 10 x 9

12 Camellia sp. Camellia hedge Side northern boundary 3 metres high



13 Murraya paniculata Mock Orange Side northern boundary 5 x 4 14 Camellia sp. Camellia hedge Front yard southern boundary 3 x 4 15 Murraya paniculata Mock Orange

hedge Front yard western front boundary southern side of property

3 metres high



3 metres high

c) The following trees may be removed: Council Reference No:


18 Camellia sp. Camellia Front yard adjacent dwelling 3 x 3 19 Magnolia grandiflora “Little gem”

Magnolia variety Front yard adjacent dwelling 5.5 x 2

Note: The tree trees that may be removed should appear coloured red on the construction certificate plans.

E.21 Hand excavation within tree root zones

To prevent damage to roots and compaction within the root zone, any proposed excavation for stormwater, sewer pipes or footings undertaken within the specified radius from the trunks of the following trees must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 Pruning of amenity trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent) Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed.


Species Location Radius from Trunk(Metres)


Rear yard south eastern corner As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08


Rear yard eastern boundary As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08










6a Archontophoenix cunninghamiana Bangalow

Rear yard north eastern corner As per the submitted Hayden Coulter Arboriculture



Palm *single trunk Assessment dated 7 March 08 7 Archontophoenix






Rear yard southern boundary As per the submitted Hayden Coulter Arboriculture Assessment dated 7 March 08












14 Camellia sp. Camellia hedge Front yard southern boundary 1 15 Murraya paniculata Mock

Orange hedge Front yard western front boundary southern side of property

1



1

E.22 Level changes in the vicinity of trees





Rear yard south eastern corner















Rear yard north eastern corner


7 Archontophoenix Rear yard eastern As per the submitted Hayden




boundary Coulter Arboriculture Assessment dated 7 March 2008





Rear yard southern boundary













14 Camellia sp. Camellia hedge Front yard southern boundary

1


Front yard western front boundary southern side of property

1



1

E.23 Footings in the vicinity of trees

Footings for any structure constructed within the specified radius from the trunks of the following trees, is to be constructed using an isolated pier and beam construction method. Excavations for installation of piers is to be located so that no tree root with a diameter equal to or in excess of 30mm is to be severed. The smallest possible area is to be excavated which allows construction of the pier. The beam is to be placed a minimum of 300mm above ground level and is to be designed to bridge all tree roots with a diameter equal to or in excess of 30mm.



12 Camellia sp. Camellia hedge Side northern boundary 0.9 13 Murraya paniculata Mock Orange Side northern boundary 0.9 14 Camellia sp. Camellia hedge Front yard southern boundary 1 15 Murraya paniculata Mock Orange

hedge Front yard western front boundary southern side of property

1



1

E.24 Sewer pipe and stormwater pipe installation

All proposed sewer and stormwater pipes and associated excavation must be carried out in a way as to ensure minimal impact on existing trees root systems. Hand excavation must be carried out within the tree protection zones of existing trees and no roots greater than 50mm are to be severed when installing pipes. Pipes should be installed in accordance with 11.7 of British Standard Trees in relation to construction – Recommendations.



F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation)

F.1 Occupation Certificate (section 109M of the Act)


Standard Condition: F1 F.2 Street Numbering

The development must be provided with street and sole occupancy unit numbers determined by Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate any property. Further, this condition has been imposed to protect the integrity of street numbering and land information. Note: Applications for the allocation of street and sole occupancy unit numbers should be made together with

any application for a strata certificate or Torrens or community title subdivision certificate. Council will determine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest.

Standard Condition: F11 F.3 Letter Box(es)

All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and to Australia Post’s satisfaction. Note: This condition has been imposed to ensure that mail can be delivered to occupiers of the site.

Standard Condition: F12 F.4 Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters

Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a. Permanent child-resistant barriers must be installed in compliance with the Swimming

Pools Act 1992. b. The Principal Contractor or owner must apply for and obtain a Compliance Certificate

under section 24 of the Swimming Pools Act 1992. c. Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool

Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable.

d. Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003: Swimming pool safety - Water recirculation and filtration systems.

Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. e. Water recirculation and filtration systems must be connected to the electricity supply by

a timer that limits the systems operation such that it does not operate:



f. before 8 am or after 8 pm on any Sunday or public holiday, or before 7 am or after 8 pm on any other day.

Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf

Standard Condition: F13

F.5 Commissioning and Certification of Systems and Works The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must including but may not be limited to: a. Certification from the supervising professional engineer that the requirement of the

Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.

b. All flood protection measures. c. All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.” d. All stormwater drainage systems. e. All mechanical ventilation systems. f. All hydraulic systems. g. All structural work. h. All acoustic attenuation work. i. All waterproofing. j. Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development

standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as

necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed

(“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate.

Standard Condition: F7 F.6 Amenity Landscaping

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site. Note: This condition has been imposed to ensure that the environmental impacts of the development are mitigated by approved landscaping prior to any occupation of the development.

Standard Condition: F6



G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate G.1 Electricity Substations – Dedication as road and/or easements for access

If an electricity substation, is required on the site the owner must dedicate to the appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the electricity substation is to be in accordance with the requirements of the appropriate energy authority and Council. The opening of any access doors are not to intrude onto the public road (footway or road pavement). Documentary evidence of compliance, including correspondence from the energy authority is to be provided to the Principal Certifying Authority prior to issue of the Construction Certificate detailing energy authority requirements. The Accredited Certifier must be satisfied that the requirements of energy authority have been met prior to issue of the Construction Certificate. Where an electricity substation is provided on the site adjoining the road boundary, the area within which the electricity substation is located must be dedicated as public road. Where access is required across the site to access an electricity substation an easement for access across the site from the public place must be created upon the linen plans burdening the subject site and benefiting the Crown in right of New South Wales and any Statutory Corporation requiring access to the electricity substation.

Standard Condition: G4 H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate

(s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation

All BASIX commitments must be effected in accordance with the BASIX Certificate No.162049S. Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying

authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7

H.2 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense: a. stormwater pipes, pits and connections to public stormwater systems within the road; b. driveways and vehicular crossings within the road; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road; e. relocation of existing power/light pole f. relocation/provision of street signs g. new or replacement street trees;



h. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

i. new or reinstated kerb and guttering within the road; and j. new or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until


Standard Condition: H13 H.3 Positive Covenant & Works-As-Executed certification of stormwater systems

On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the PCA detailing: a. compliance with conditions of development consent relating to stormwater; b. the structural adequacy of the On-Site Detention system (OSD); c. that the works have been constructed in accordance with the approved design and will

provide the detention storage volume and attenuation in accordance with the submitted calculations;

d. Pipe invert levels and surface levels to Australian Height Datum; and e. Contours indicating the direction in which water will flow over land should the capacity

of the pit be exceeded in a storm event exceeding design limits. f. A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be

created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/or absorption trenches, including any pumps and sumps incorporated in the development. The wording of the Instrument must be in accordance with Council’s standard format and the Instrument must be registered at the Land Titles Office.

Note: The required wording of the Instrument can be downloaded from Council’s web site

www.woollahra.nsw.gov.au. The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate. The Final Occupation Certificate must not be issued until this condition has been satisfied.

Standard Condition: H20 H.4 Landscaping

All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent.

Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of

the Final Occupation Certificate. Standard Condition: H9

I. Conditions which must be satisfied during the ongoing use of the development



I.1 Maintenance of BASIX commitments All BASIX commitments must be maintained in accordance with the BASIX Certificate No.162049S. Note: This condition affects successors in title with the intent that environmental sustainability measures must

be maintained for the life of development under this consent. Standard Condition: I7 I.2 Swimming and Spa Pools – Maintenance

Swimming and Spa Pools must be maintained: a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-

resistant barriers and resuscitation signs; b. in compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines”

in force at that time. Private pools are encouraged to comply with the same standards as applicable;

c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ;

d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and

e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

• before 8 am or after 8 pm on any Sunday or public holiday, or • before 7 am or after 8 pm on any other day.

Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems

require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13

I.3 On-going maintenance of the on-site-detention system The Owner(s) must in accordance with this condition and any positive covenant: a. permit stormwater to be temporarily detained by the system; b. keep the system clean and free of silt rubbish and debris; c. if the car park is used as a detention basin, a weather resistant sign must be maintained

in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

d. maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

e. carry out the matters referred to in paragraphs (b) and (c) at the Owners expense; f. not make any alterations to the system or elements thereof without prior consent in

writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;



g. permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

h. comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

i. where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

j. indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

Reason: This condition has been imposed to ensure that owners are aware of require maintenance requirements

for their stormwater systems. Note: This condition is supplementary to the owner(s) obligations and Council’s rights under any positive

covenant. Standard Condition: I12

I.4 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. Reason: This condition has been imposed to ensure that the landscaping design intent is not eroded over time

by the removal of landscaping or inappropriate exotic planting. Note: This condition also acknowledges that development consent is not required to plant vegetation and

that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8

J. Miscellaneous Conditions

N/A. K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws

Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws are also a criminal offence. Where there is any breach Council may without any further warning: • Issue Penalty Infringement Notices (On-the-spot fines); • Issue notices and orders;



• Prosecute any person breaching this consent; and/or • Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note: The payment of environmental penalty infringement notices does not result in any criminal offence being

recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s www.agd.nsw.gov.au. Standard Advising: K1

K.2 Dial before you dig

The principal contractor, owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au. When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.

Standard Advising: K2 K.3 Builders Licences and Owner Builders Permits

Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html .



The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5 K.4 Building Standards - Guide to Standards and Tolerances

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor, contractors and the owner.





K.6 Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact: Sarah Chambers, Senior Assessment Officer on (02) 9391 7064 However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing.



This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.





K.9 Owner Builders

Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au.


K.10 Pruning or Removing a Tree Growing on Private Property

Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment.



Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or you may contact Council on 9391-7000 for further advice. Standard Condition: K19

Ms S Chambers Mr N Economou ASSESSMENT OFFICER TEAM LEADER ANNEXURES 1. Plans and elevation 2. Technical Services comments 3. Heritage comments 4. Trees and Landscaping comments

agenda: application assessment panelh:\application assessment panel\agendas\2008\sept2-08aapage.doc...

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