agenda: development control committee · agenda: development control committee date: monday 2...

Agenda: Development Control Committee

Date: Monday 2 February 2004

Time: 5.30pm

Session: One

Part: One of Two

H:\Development Control Committee\AGENDAS\2004\feb2-04dccage.doc

Outline Of Meeting Protocol & Procedure:

• The Chairperson will call the Meeting to order and ask the Committee/Staff to present apologiesor 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 Committee.• If person(s) wish to address the Committee, they are allowed four (4) 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 four (4) 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 Committee from the same side of the

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

• The Chairperson has the discretion whether to continue to accept speakers from the floor.• After considering any submissions the Committee will debate the matter (if necessary), and

arrive at a recommendation (R items which proceed to Full Council) or a resolution (D items forwhich the Committee has delegated authority).

Delegated Authority (“D” Items):

• To approve, disapprove and take action on Development and related applications submitted orany other matter referred by the Council or other Committee; to a site inspection forrecommendation back to the Development Control Committee. (Except for those applicationswithin the category of designated development, or matters as specified by resolution of theCouncil taken from time to time.Note: This not to limit the discretions of nominated staff members exercising DelegatedAuthorities granted by the Council.)

• General implementation of matters touching upon or within the strategic goals and policydirectives of the Council, and in respect of which due provision has been made in the Council'scurrent budget.

• To require such investigations, reports or actions as considered necessary in respect of matterscontained within the Business Agendas (and as may be limited by specific Council resolution).

• Confirmation of Minutes of its Meeting.• Any other matter falling within the responsibility of the Development Control Committee and

not restricted by the Local Government Act or required to be a Recommendation to Full Councilas listed below:

Recommendation only to the Full Council (“R” Items):

• Specified developments, as may be determined and listed by the Council by resolution takenfrom time to time.

• Matters which involve broad strategic or policy initiatives within the responsibilities of theCommittee.

• Matters requiring the expenditure of moneys and in respect of which no Council vote has beenmade.

• Matters not within the specified functions of the Committee,.• Matters reserved by individual Councillors in accordance with any Council policy on

"safeguards" (and substantive changes)

Committee Membership: 8 Councillors

Quorum: The quorum for a committee meeting is 5Councillors.


WOOLLAHRA MUNICIPAL COUNCIL

Notice of Meeting

27 January 2004

To: The Mayor, Councillor John Comino, ex-officioCouncillor V Corrigan (Chair)

S CrawfordC DawsonK HuxleyS KentA PetrieF Sinclair KingC Wrublewski

Dear Councillors

Development Control Committee Meeting – 2 February 2004

In accordance with the provisions of the Local Government Act 1993, I request yourattendance at a Meeting of the Council’s Development Control Committee to be held in theCommittee Room, ground floor level, 536 New South Head, Double Bay, on Monday 2February 2004 at 5.30pm.

Gary JamesGeneral Manager

Woollahra Municipal CouncilDevelopment Control Committee 2 February 2004


Meeting AgendaSession One – Commencing 5.30pm

Part One of Two Parts

Item Subject Pages

123

Leave of Absence and ApologiesLate CorrespondenceDeclarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 19 January 2004 1

Site Inspection Items

D2 DA544/2003 – 181 Hopetoun Avenue, Vaucluse – Site remediationworks, the torrens title subdivision of land into two allotments, thepartial demolition of existing structures, the erection of two dwellinghouses & swimming pool – 7/7/2003*See Recommendation Page 3

2-89

Other Delegated Items

D3 DA972/2002 – 2 Bundarra Road, Bellevue Hill – Demolition ofexisting residential flat building & erection of a new residential flatbuilding – 26/11/2002 & 1/9/2002*See Recommendation Page 104

90-131

D4 DA207/2003 – 2 Bayview Hill Road, Rose Bay – Demolition ofexisting dwelling-house & garage & the construction of newdwelling-house & swimming pool – 25/3/2003*See Recommendation Page 147

132-174



Meeting AgendaSession One - Commencing at 5.30pm

Part Two of Two Parts

Item Subject Pages

D5 DA696/2003 – 29 Manning Road, Double Bay – Construction of newresidential flat building containing (2) dwelling units & garage for (4)vehicles – 19/8/2003*See Recommendation Page 193

175-198

D6 DA986/2003 – 52A Wunulla Road, Point Piper – Rebuilding oforiginal walls – 13/11/2003*See Recommendation Page 207

199-248

D7 DA793/2002 – 39 Bathurst Street, Woollahra – Section 82A Reviewon Condition No. 2 requiring deletion of the garage & terrace –2/9/2003*See Recommendation Page 256

249-262

D8 DA644/2002 Part 3 – 45 Wunulla Road, Point Piper – S96 Relocationof existing garage to street boundary – Conversion of garage to livingspace – Extension of 1st floor rear balcony – New covered street entry– New garbage bay – Internal alterations to 1st floor bathrooms –Internal alterations to ground floor family/eating space – 27/10/2003*See Recommendation Page 274

263-278

D9 Register of Current Land and Environment Court Appeals forBuilding and Development Applications*See Recommendation Page

279-295



Item No: D1 Delegated to CommitteeSubject: CONFIRMATION OF MINUTES OF MEETING HELD ON 19

JANUARY 2004Author: Les Windle, Manager - GovernanceFile No: See Council MinutesReason for Report: The Minutes of the Meeting of Monday 19 January 2004 were

previously circulated. In accordance with the guidelines forCommittees’ operations it is now necessary for those Minutes beformally taken as read and confirmed.

Recommendation:

That the Minutes of the Development Control Committee Meeting of 19 January 2004 betaken as read and confirmed.

Les WindleManager - Governance

Woollahra Municipal Council Agenda and Business PaperDevelopment Control Committee 2 February 2004

H:\Development Control Committee\AGENDAS\2004\feb2-04dccage.doc 4

DEVELOPMENT CONTROL COMMITTEE SITE INSPECTION REPORT

ITEM No. D2

FILE No. DA 544/2003/1

ADDRESS: 181 Hopetoun Avenue VAUCLUSE 2030

PROPOSAL: Additional Information: Site Remediation Works Subdivision intotwo lots. Demolition of existing structures and construction of twodwellings. Site remediation works.

TYPE OF CONSENT: Local Development

APPLICANT: Ghap Desicon

OWNER: Mr W F Benson

DATE LODGED: 07/07/2003

AUTHOR: Mr D Booth

Site Inspection

A site inspection in relation to this Development Application was conducted on Wednesday 21January 2003 with the following Councillors present:

Present: His Worship the Mayor, Councillor J Comino, ex-officio (Chair)Councillors K Berry

S CrawfordK HuxleyC Wrublewski

Staff: D Booth (A/Team Leader – Team North East)Brett Daintry (Manager Development Control)B Herden (Team Leader Governance)

The following people addressed the Councillors:

Mrs L Goltsman (185 Hopetoun Ave), L Liskowski (on behalf of the owners of ? ’s 5, 7 and 9Cambridge Avenue), Robert and Jennifer Roseman (4/5 Cambridge Ave), E O’Grady (2/183Hopetoun Ave), Mrs Johnston (13 Cambridge Ave), Phillip Dunn (179 Hopetoun Ave) objectors,and Mr Benson (owner of the subject site) and his architect addressed the Councillors on site.

The Councillors at the site inspection submit the following recommendation for consideration bythe Development Control Committee:

Note: Councillors on site recommended conditions 2, 7, 8 and 9 be amended.



Note: In addition to the above, Condition ? 78 (Dilapidation Reports) has been amended anda new Condition ? 80 (retention of Existing Boundary Wall) added in accordance withthe memo circulated at the DCC meeting of 19 January 2004 by Mr David Booth –Assessment Officer.

Note: The pedestrian safety concern expressed in relation Cambridge Lane has been discussedfurther with Council's Development Engineers, Daniel Pearce and Nick Tomkins. It isconfirmed that the lane is a public road and is suitable for the low level of trafficmovements associated with a single dwelling-house without unduly compromisingpedestrian safety. The width of the laneway is insufficient to accommodate a dedicatedpedestrian pathway.

(Wrublewski/Berry)

Recommendation: Pursuant to Section 80(1) of the Environmental Planning and AssessmentAct, 1979

Council, as the consent authority, is of the opinion that the objection under State EnvironmentalPlanning Policy No. 1 – Development Standards to the allotment sizes for dwelling-housesdevelopment standard under Clause 10 of Woollahra LEP 1995 is well founded. The Council isalso of the opinion that strict compliance with the development standard is unreasonable andunnecessary in the circumstances of this case as the proposed subdivision is consistent with therelevant objectives of the site area and site frontage standards for residential flat buildings

AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 iswell founded and also being of the opinion that the granting of consent to DA 544/2003 isconsistent with the aims of the Policy, grant development consent to DA 544/2003 for siteremediation works, the Torrens title subdivision of the land into two allotments, the partialdemolition of existing structures, the erection of two dwelling-houses and a swimming pool on landat 181 Hopetoun Avenue, Vaucluse, subject to the following conditions:

1. Approved Plans

The development must be carried out in accordance with plans numbered DA01A-DA05A,dated June 2003, drawn by ghap desicon, including the landscape plan numbered DA15A,dated June 2003, drawn by ghap desicon, all of which carry a Council stamp “Approved DAPlans” and the signature of a Council officer, except where amended by the followingconditions.

2. Reduction to the height of the rear dwelling-house

In order to prevent overlooking to the rear yard of No 185 Hopetoun Avenue, to reduce theloss of views to Cambridge Ave properties, to reduce overshadowing to the outdoor play areaof the childcare centre at No 3 Russell Street and to reduce the visual impact to No 5Cambridge Ave and No 3 Russell Street, the ground floor, first floor and overall height of thenorth-eastern 11.8 m of the dwelling-house on Allotment No 2 is to be reduced by 500 mm toan RL of 33.465. Such is to be indicated on the plans submitted with the constructioncertificate application.



3. Deletion of the rear second floor terrace to the front dwelling-house

In order to maintain the acoustic and visual privacy of Nos 179 and 183 Hopetoun Ave, therear terrace at second floor level to the dwelling-house on Allotment No 1 is to be deleted.Such is to be indicated on the plans submitted with the construction certificate application.

4. Treatment of kitchen window to the front dwelling-house to prevent overlooking

In order to maintain the visual privacy of No 183 Hopetoun Ave, the north-east facingwindow to the second floor level kitchen to the dwelling-house located on Allotment No 1 isto either have fixed, obscure glazing to a height of 1.7 m above second floor level oralternatively, have a sill height 1.7 m above second floor level. Such is to be indicated on theplans submitted with the construction certificate application.

5. Planting to planter at second floor level of the front dwelling-house

In order to maintain the visual privacy of the adjoining property No 183 Hopetoun Ave, thedepth of the planter to the second floor level to the dwelling-house on Allotment No 1 is to beincreased to a minimum of 700 mm. The planting to the planter is to be of a height anddensity such as to prevent overlooking from the adjacent windows to the bedroom windows ofthe adjoining property. The planting is to be maintained as such. Such is to be indicated on theplans submitted with the construction certificate application.

6. Planting adjacent to the north-eastern elevation of the front dwelling-house

In order to reduce the visual impact of the front dwelling-house upon the adjoining propertyNo 183 Hopetoun Ave, the pebbled north-eastern setback area is to be substituted for softlandscaping of a height and density such as to provide screening to a substantial proportion ofthe north-eastern elevation. Such is indicated on the plans submitted with the constructioncertificate application.

7. Planting to the first floor planters of the rear dwelling-house

In order to maintain the visual privacy of the rear sections of the adjoining properties No 183and No 185 Hopetoun Ave, 1.5 m high solid walls are to be provided to the north-westernedges of the planters to the first floor level terraces of the dwelling-house on Allotment No 2.Such is to be indicated on the plans submitted with the construction certificate application.

8. External colour of finish to the front dwelling-house

In order to minimise the loss of indirect light to No 183 Hopetoun Ave, the exterior of thedwelling-house to Allotment No 1 is to be finished in a light colour. Such is to be indicatedon the plans submitted with the construction certificate application.



9. Deletion of the elevated rear courtyard and lattice from the south-western boundarywall to the front dwelling-house

In order to maintain the privacy to 2/183 Hopetoun Ave, the front section of the rear courtyardto the dwelling-house located on Allotment No 1 is be lowered by 500 mm (from RL 25.32 toRL 24.82). In order to facilitate access to the lowered courtyard, an external stair is to beprovided from the rear elevation of the first floor level to the front section of the courtyard.Further, in order to maintain the privacy and solar access to the rear yard of No 179 HopetounAve, the rear section of the courtyard is to be maintained at existing ground level and thelattice to the south-western boundary wall to the dwelling-house on Allotment No 1 is to bedeleted. Such is to be indicated on the plans submitted with the construction certificateapplication.

10. Site remediation

In order to ensure the adequate remediation of the land, the following requirements shall beobserved:

• All requirements specified in the Site Remedial Action Plan prepared by JohnstoneEnvironmental Technology P/L, dated 17 September 2003, including the preparation ofan environmental management plan (EMP), site emergency response plan (ERP) andoccupational health and safety plan (OHSP) are to be implemented.

• The ground in the vicinity of Borehole BH7 (see Drawing A) shall be excavated to aminimum depth of 2.5m below the existing ground level and the resulting pit checkedand as necessary sampled and analysed for the presence of anomalous fill and/or thepresence of benzene, toluene, ethyl benzene, xylenes (BTEX) and C6-C9 petroleumhydrocarbons to the satisfaction of the Auditor.

• If any evidence of BTEX and/or other C6-C9 petroleum hydrocarbons is found in thevicinity of BH7 further exploration and if necessary remediation and validation shall beundertaken to the satisfaction of and as required by the Site Auditor.

• The original ground surface in the area shown hatched on Drawing A, which containsexcess level of petroleum hydrocarbons shall be stripped and be revalidated to thesatisfaction of the Site Auditor to prove that no petroleum hydrocarbons in excess of theThreshold Concentrations for Sensitive Land Use given in the EPA Guidelines forAssessing Service Station Sites remain in the ground.

• Any contaminated material removed from the vicinity of Borehole BH7 or the hatchedarea shown on Drawing A shall be disposed of in an EPA licensed landfill inaccordance with the requirements of the EPA Environmental Guidelines: Assessment,Classification & Management of Liquid & Non-Liquid Wastes.

Compliance with these requirements are to be certified by the Site Auditor. The writtencertification is to be provided to Council prior to the issue of a construction certificate for theerection of the proposed dwelling-houses.

11. Stormwater Management Plan including On-Site Detention

Prior to the issue of the Construction Certificate, a detailed Stormwater Management Plan forthe development site must be submitted and approved by the Accredited Certifier. ThisCondition is imposed to ensure site stormwater is disposed in a controlled and sustainablemanner.



The Stormwater Management Plan must be in accordance with Council’s Draft StormwaterDevelopment Control Plan and Local Approval Policy (DCP-LAP), and generally inaccordance with the drainage plans and documentation prepared by McRae P/L (Refer JobNo. 84-03 Dwg MC44 dated 3rd July 2003).

New drainage systems must be designed having regard to the need to prevent stormwaterfrom entering buildings in accordance with the Building Code of Australia (BCA).

Stormwater run-off from the proposed development must drain to the existing Council kerbinlet pit in Hopetoun Avenue.

An on-site stormwater detention (OSD) system must be provided. The minimum (On) SiteStorage Requirements (SSR) and the Peak Site Discharge (PSD) from the site must bedesigned according to the following storage/discharge relationships taken from Council’sDraft Stormwater Development Control Plan.

• Lot 1

2 year ARI P.S.D 3.8 L/sMin. Volume 0.6 m3

100 Year ARI P.S.D 5.4 L/sMin. Volume 4.0 m3

(Single)

• Lot 2

2 year ARI P.S.D 12.3 L/sMin. Volume 2.1 m3

100 Year ARI P.S.D 17.8 L/sMin. Volume 13.1 m3

(Single)

The Stormwater Management Plan must include the following specific requirements:

a) Layout plan

A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared inaccordance with the Institute of Engineers Australia publication, Australian Rainfalland 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 unit• 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• Overland flow paths over impervious areas.



b) On-site Detention (OSD) details:

• 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 adjacentstructures.

• 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.

c) Copies of certificates of title, showing the creation of private easements to drain waterby gravity, if required.

d) Subsoil Drainage

• Subsoil drainage details, clean out points, discharge point.

12. On-Site Detention requirements

The on-site detention system must be designed having regard to the following requirements:

a) Discharge restriction from OSD systems must be by the use of appropriately sized shortlength of reduced diameter pipe or non-removable orifice plate (Dyna-bolted with 2-partepoxy). Discharge control pits must be fitted with screens. Screens must be able to beeasily removed for routine maintenance. The screen must:

• Protect the outlet from blockage,• Dissipate the kinetic energy of inflows creating static conditions around the

discharge restriction, which help to achieve predictable discharge coefficients, and• Retain litter and debris, which would degrade downstream waterways

b) Below-ground Storage

• Building floor levels must be set above the top water level (TWL) of OSDstorages’ with 150mm freeboard where the OSD storage is located near buildings.This requirement applies to both new and existing buildings.

• Backwater protection device(s) must be provided where there is the potential forbackwater from OSD system into areas that are below the OSD system overflowlevel.

c) Construction, Access and Maintenance

• Bondek must not be used in a composite slab design.• Internal supporting walls must be minimised to ease maintenance. Typically,

internal supports must only be considered for spans greater than 3m.



• Tank needs to be checked for normal earth, surcharge, traffic and hydrostaticloads. Where free draining soils do not exist around the tank, buoyancy must beconsidered.

• Excavation for the tank must be checked for impact on the zone of influence ofadjacent footings and structures.

• A depression within the OSD system is not to be used to provide a silt/sedimenttrap. Where required a proprietary silt/oil arrestor must be provided (treatment ofrunoff from vehicle parking areas)

• Access for cleaning (typically slushing) must be provided at the upstream anddownstream ends of the tank. Access must also be provided in the immediatevicinity of the discharge point. Generally, grated access points must be providedto enable venting. Where access points need to be sealed, alternative ventilationmeans (incl mechanical, if required,) must be provided.

• The on-site detention must have a minimum access opening size of 600mm x600mm for tank depths less than 1.5m and 900mm x 900mm opening size fordeeper tanks. The access point must be fitted with a hinged, lockable galvanisedgrate and be placed over the outlet. Step irons must be placed at the access pointto enable entry for maintenance and inspection. The designer must consider theprovisions of AS 2865-1986 ‘Safe working in a confined Space’ and other workcover requirements.

13. Positive Covenant - Drainage system

A Positive Covenant, pursuant to Section 88E of the Conveyancing Act, must be created onthe title of the subject property. The Covenant must provide for the indemnification ofCouncil from any claims or actions and the on-going maintenance of the on-site detention inthe development. This includes all ancillary gutters, pipes, drains, walls, kerbs, pits, pumps,grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater.

The wording of the Instrument must be in accordance with Council’s standard format and theInstrument must be registered at the Land Titles Office prior to the Final Building Inspectionand issuance of the Certificate of Occupation.

14. Stormwater Certification and Work-As-Executed (WAE) Plans

Prior to the release of the Final Building Certificate, Certification and Work-As-Executed(WAE) plans must be submitted and approved by the Accredited Certifier demonstrating thatthe site drainage system has been provided according to the submitted calculations and/orapproved plans.

Certifications must be provided by a suitably qualified engineer. WAE plans must be preparedand certified by a Registered Surveyor.

The following must be provided:

a) Certification that:

• The drainage system has been installed in accordance with the drainageConditions of Development Consent.

• That all drainage components, including the on site detention, are structurallyadequate and have been installed in accordance with the relevant Codes andStandards and/or specifications.



• That the on-site detention system will provide the detention storage volume andattenuation in accordance with the submitted calculations.

• Buffer storage volume and pump discharge rates are in accordance with thesubmitted calculations and plans (where applicable).

b) Work-As-Executed (WAE) plans showing:

• Pipe and drainage system layout, including all pits, pipe diameters, grades,materials, invert levels and surface levels.

• Details (exact point and method) of connection to Council system• OSD tank dimensions, location and orifice plate/outlet details.

15. Erosion and sediment control plan

An erosion and sediment control plan, designed in accordance with the SSROC Soil andWater Management Brochure and the NSW Environmental Protection Authority’s ManagingUrban Stormwater: Construction Activities, must be prepared to show erosion and sedimentcontrol measures which are to be installed. The Plan must be submitted to Council or theaccredited certifier for approval before commencement of excavation or construction work.

16. Compliance with erosion and sediment control plan

The erosion and sediment control plan must be implemented during site works andconstruction activities. All controls in the Plan must be maintained at all times. A copy of thePlan must be kept on-site at all times and made available to the accredited certifier andCouncil officers on request.

17. Stockpiles

Stockpiles of topsoil, sand, aggregate, soil or other material must not be located on anydrainage line or easement, natural watercourse, footpath or roadway, or within the dripline ofany Street Tree. Stockpiles within the construction site must be protected with adequatesediment controls, in accordance with Council’s Code for Sediment Control.

18. Location of building operations

Building operations such as brick cutting, washing tools or brushes and mixing mortar mustnot take place on public roadways or footways or in any other location which could lead to thedischarge of materials into the stormwater drainage system.

Footpaths, gutters and roadways must be swept regularly to keep them free from sediment.

19. Temporary disposal of roof water

Stormwater from any roof areas must be linked, via a temporary downpipe, to a Councilapproved stormwater disposal system immediately upon completion of the roof installation.



20. Disposal of site water during construction

The disposal of site water (includes groundwater, seepage, dewatering and stormwater trappedin excavations) must be in accordance with the requirements contained within Council’s“Stormwater “draft” Development Control Plan and Local Approvals Policy”. Disposal ofsite water to Council’s stormwater system is not permitted. The applicant is advised toliase with Sydney Water regarding a Trade Waste Agreement.

21. Construction management plan

A construction management plan must be submitted for the approval of Council’sDevelopment Engineer before the commencement of demolition, excavation or constructionworks. 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 construction zone, or

to erect structures such as hoardings, scaffolding or shoring, or to excavate.

The Plan must make provision for all materials, plant, etc. to be stored within thedevelopment site at all times during construction. Structures or works on Councilproperty such as hoardings, scaffolding, shoring or excavation need separate consentfrom Council. Standing of cranes and concrete pumps on Council property will needconsent on each occasion.

Note: A minimum of eight weeks will be required for assessment. Work must not commenceuntil the Construction Management Plan is approved. Failure to comply with thiscondition may result in fines and proceedings to stop work.

22. Compliance with the construction management plan

All excavation, demolition and construction work and traffic movements must be carried outin accordance with the approved construction management plan. All controls in the Plan mustbe maintained at all times. A copy of the Plan must be kept on-site at all times and madeavailable to the Accredited Certifier or Council on request.

23. Hoarding

A Class B (Overhead) Hoarding or Scaffolding on Hopetoun Avenue is required for thisdevelopment. An application for the required Hoarding must be submitted to WoollahraCouncil prior to any Construction Certificate being issued. Prior to commencement of anydemolition, land clearing, piling, piering, excavation, construction or like work or the issue ofa Notice of Commencement, approval for the required Hoarding must be obtained and therequired Hoarding erected.



Note: A minimum of two weeks is required for assessment of a Hoarding application. Failureto comply with this condition may result in fines and proceedings to stop work.

24. Driveways and associated works

The following works must be undertaken at the applicant’s expense prior to the final buildinginspection and the issuance of the Occupation Certificate.

• Full reconstruction of the driveway crossing on Hopetoun Avenue. The crossing mustbe 3.0 metres wide and in accordance with Council’s Standard Drawing 14238. Levelsin the footpath area must match existing.

• Full reconstruction of the concrete footpath, kerb and guttering fronting the site onHopetoun Avenue. Levels in the footpath and invert of the gutter must match existingand be flush with adjacent surfaces.

• Full reconstruction of the driveway crossing and adjacent concrete kerb layback onCambridge Avenue. The crossing must be 3.0 metres wide and generally in accordancewith Council’s Standard Drawing 14238. Levels in the footpath area must matchexisting.

An “Application for permission to construct a vehicle and special crossing by privatecontractor” must be completed and submitted to Council’s Customer Service Centre prior tocommencement of construction of a new driveway. For any technical enquiries regardingalteration to existing footpath levels or alignments, please contact Council’s WorksSupervisor.

25. Works on Council land - Infrastructure works Bond

To ensure that works on Council property are carried out to Council’s requirements, thedeveloper must lodge a bond to the value of $5,700 (Five thousand, seven hundred dollars).The Bond may be in the form of a bank guarantee and must be lodged prior to the issue of aConstruction Certificate. The Bond will not be released until Council has inspected the siteand is satisfied that the works have been carried out to Council’s requirements. Council mayuse part or the entire Bond to complete the works to its satisfaction if the works do not meetCouncil’s requirements.

26. Damage security deposit

A security deposit of $16,500 (Sixteen thousand, five hundred dollars) for the cost of makinggood any damage to Council property caused as a consequence of the construction work, plusan administration fee of $150.00, must be paid to Council prior to the issue of theConstruction Certificate. The security deposit, which may be in the form of a bank guarantee,has been calculated in accordance with the following schedule.

Estimated cost of work Deposit

Works up to $50,000 $2,000Works in excess of $50,000 & up to $100,000 $4,000Works in excess of $100,000 $4,000+$200/$10,000

estimated cost>$100,000

Council may use all or part of the Damage Security Deposit to complete damage restorationworks if they do not meet Council’s requirements.



27. Footpath levels

The existing footpath level and grade at the street alignment of the property must bemaintained.

28. Protection of services

Prior to any excavation works, the location and depth of all services (telephone, cable TV,electricity, gas, water, sewer, drainage, etc.) must be ascertained. The developer must meet allcosts of any adjustment, relocation or reinstatement of any services.

29. Road Opening Permit

Prior to the commencement of any excavation in Council controlled roadways or footpathareas, the developer must obtain a road opening permit from Council’s Customer ServicesCounter. Restoration of roads, footpaths, retaining walls, kerbs and gutters must be carriedout in accordance with the relevant clauses of the current edition of AUS-SPEC.

30. Storage of materials and plant on Council’s footpath

Building, excavation or demolition materials and plant must not be stored on Council’sfootpath and/or roadway unless prior written approval has been obtained from Council’sDevelopment Engineer.

31. Public footpaths

A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of triphazards must be maintained at all times on or adjacent to the public footpaths fronting theconstruction site. Where the footpath is damaged, repair works must be carried when directedby Council officers and in accordance with the relevant clauses of the current edition of AUS-SPEC.

Where circulation is diverted on to the roadway clear directional signage and protectivebarricades must be installed in accordance with Aust AS1742-3 1996 “Traffic ControlDevices for Work on Roads”.

If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly torectify the defects, Council may carry out remedial works and deduct the cost from theDamage Security Deposit.

32. Repair of Damaged Infrastructure

If Council’s infrastructure is damaged during the course of works, Council’s DevelopmentEngineer must be notified and necessary repairs must be undertaken within the time stipulatedby Council, to Council’s specifications, and at no cost to Council. Works generally must be inaccordance with the relevant clauses of the current edition of AUS-SPEC.

If work is not undertaken to the satisfaction of the Development Engineer with regard to timeor quality, Council may carry out remedial works and deduct the cost from the DamageSecurity Deposit.



33. Vehicular access and garaging

Driveways and access ramps must be designed and constructed not to scrape the underside ofcars.

In all other respects the proposed stacked garage within Lot 1, the double garage on Lot 2,driveways and access ramps must be designed to comply with Australian Standard 2890.1 –“Off-Street car parking”.

34. Compliance with the recommendations of the geotechnical and hydrogeological reports

The development works are to be undertaken in accordance with the recommendations of theGeotechnical and Hydrogeological report prepared by SMEC Testing Services (Ref Proj No.14149/7572A Report No. 02/1192 dated September 2002).

35. Existing trees which must be retained

Approval is NOT granted for the removal of the following trees, which Council hasdetermined to be significant landscape elements. Where indicated a Tree Preservation Bond isrequired to be lodged with Council. The Bond has been applied in accordance with Council’spolicy regarding the bonding of trees on or adjacent development sites, where an assessmenthas determined that the proposed development may impact on the preservation of thefollowing trees.

CouncilReferenceNo:

Species Location Dimension(Metres)

TreePreservationBond required

1 Grevillea robusta SilkyOak

South East side of propertyadj property

13 x 8 2000.00

2 Robinia pseudoacacia‘Frisia’ Golden Robinia

Street tree Hopetoun Ave 8 x 8 1000.00

$3,000.00

The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number and colour or shade themin the colour green for trees to be retained and yellow for trees to be transplanted.

A bond is placed on individual trees when considered appropriate by Council’s LandscapeDevelopment Officer. The value of the bond may represent the full value of the tree or theOfficer’s Assessment of potential damage to the tree or a group of trees during development.The bond may be in the form of a bank guarantee and must be lodged prior to the issue of aConstruction Certificate. The bond will not be released until Council has inspected and issatisfied with the condition of the trees. Council may use part or the entire bond to carry outworks to trees or replace them, if they are not in a satisfactory condition.

Where trees have not been preserved and retained in accordance with the approval thedeveloper may forfeit the total bond amount.



36. Trees and shrubs which must be planted

The following tree and shrub species must be planted to contribute to the landscape characterof the area. Details in compliance with the following criteria specifying the species andplanting locations of the Tree and shrubs must be included on the Landscape Plan forapproval by Council or the accredited certifier with or before the application for aConstruction Certificate.

Species/Type Planting Location ContainerSize or Size ofTree

MinimumDimensions atMaturity

Suitable screening shrubs for Lot 2 Planter boxes to edge ofproposed terraces

12 in pots 600mm high

Suitable screen plants for deep soilplantings in boundaries of Lot 2

Perimeter boundaries 40 litre bags 3 m

1x suitable tree North West corner Lot 2 75 Litres 5 x 3

37. Hand excavation within tree root zones

To prevent compaction within the root zone, excavation undertaken within the specifiedradius of the trunks of the following trees must be hand dug. Any root pruning must beundertaken by hand along the perimeter line of such works by an experienced Tree Surgeon-Arborist with a minimum qualification of a Certificate in Arboriculture or other equivalentqualification acceptable to Council’s Landscape Assessment Officer.

Beyond this radius, mechanical excavation is permitted, when root pruning by hand along theperimeter line of such works is completed.

CouncilReference No:

Species Location Radius fromTrunk(Metres)

1 Grevillea robusta Silky Oak South East side of property adjproperty

4 m

38. Footings in the vicinity of trees

To ensure the preservation of retained trees, NO APPROVAL is granted for severing ofsignificant tree roots. Footings for any structures constructed within the area, defined by thecanopy driplines of the following trees, shall be constructed using an isolated pier and beamconstruction method, to bridge any existing roots exceeding 100mm, where excavationidentifies roots exceeding this diameter. The piers shall be located such that no roots of adiameter greater than 100mm shall be severed.

Approval is granted for the root pruning of all roots of a diameter less than 100mm, subject toall pruning works being undertaken by an experienced Tree Surgeon-Arborist with aminimum qualification of a Certificate in Arboriculture or other equivalent qualificationacceptable to Council.



1 Grevillea robusta Silky Oak South East side of property adj property 4 m



39. Street trees

The area beneath the canopy of any street tree adjacent to the frontage of the property,excluding vehicle crossings and footpaths, must be fenced using a minimum of 1.8 metreshigh chainlink or welded mesh fencing. The fencing must be maintained for the duration ofthe building works. Storage of materials or plant must not occur within the fenced area.

40. Reinstatement of grass verge

The grass verge must be reinstated to contain a uniform minimum of 75mm of friable growingmedium and have a total cover of Couch turf. Any alternative treatment must be carried outto the satisfaction of Council’s Development Engineer.

41. Heritage

In order to maintain the streetscape contribution of the existing facade to the former Vauclusepetrol station building, the following requirements are to be observed:

• The existing north-western wall, parapet and cordova tiles are to be retained andconserved in order to allow the original form of the building to be interpreted.

• The existing north-eastern wall including stepped parapet and cordova tiles are to beretained and conserved to allow the original form of the building to be interpreted.

Such is indicated on the plans submitted with the construction certificate application.

42. Requirement for a Construction Certificate

In accordance with the provisions of Section 81A of the Environmental Planning andAssessment Act 1979, the erection of the building must not be commenced until:

(a) detailed plans and specifications of the building have been endorsed with a ConstructionCertificate by:

(i) Council; or(ii) an accredited certifier; and

(b) a principal certifying authority (PCA) has been appointed and the Council has beennotified in writing of the appointment, and

(c) at least two days notice, in writing, has been given to Council of the intention tocommence work.

43. Materials

Details of the colour, texture and substance of all external materials to the dwelling-houselocated on Allotment No 2 must be submitted to Council or the accredited certifier prior to theissue of a Construction Certificate and are to be to the satisfaction of an authorised Councilassessment officer or the accredited certifier.

Details of the texture and substance of all external materials to the dwelling-house located onAllotment No 1 must be submitted to the satisfaction of Council's Heritage Officer.



44. Drawings to show levels and heights

The reduced levels of the ground floor, first floor and the overall height of the roof in relationto Australian Height Datum must be shown on the drawings submitted with the ConstructionCertificate Application to ensure that building construction complies with the developmentconsent.

45. Structural adequacy

A statement from a qualified practising Structural Engineer, certifying to the adequacy of theexisting structural members, walls and footings to support the additional loads imposed by theproposed development, must be submitted with the Construction Certificate application.

This condition is imposed to ensure the structural integrity of the proposed building work.

46. Structural details

Structural engineering details and design calculations, prepared and certified by a qualifiedpractising Structural Engineer, must be submitted with Construction Certificate application,for all reinforced concrete work, structural steel work, retaining walls, brick fences, shoringand underpinning, isolated piers, chimneys, parapets and other structural members.


47. Services and electrical sub-station

All electrical and telephone services to the subject property must be placed underground. Ifan electrical sub-station is required, it must be situated within the boundaries of the subjectproperty and suitably screened.

48. Layout of buildings

The layout of all external walls, including retaining walls and contiguous piling must bechecked and verified by survey prior to the commencement of construction to ensure thatbuilding construction complies with the development consent and does not encroach beyondthe boundaries of the site.

49. Demolition, excavation and construction hours

Demolition, excavation and construction work must not take place outside the hours of7.00am to 5.30pm Monday to Friday and 7.00am to 1.00pm Saturday. No work and nodeliveries are to take place on Sundays and public holidays. Noise from constructionactivities associated with the development must comply with the guidelines contained in theNSW EPA Environmental Noise Control Manual Chapter 171.

50. Machine excavation

Excavation or removal of any materials involving the use of machinery of any kind, includingcompressors and jack hammers, must be limited to between 9.00am and 4.00 pm Mondays toFridays, with regular breaks of 15 minutes each hour. This condition is imposed to ensurereasonable standards of amenity for occupants of neighbouring properties.



51. Levels

For the purpose of indicating relative levels in terms of Australian Height Datum andboundary clearances, and to ensure that building construction complies with the developmentconsent, survey certificates must be provided to the PCA in respect of the building/s layoutand ground floor level/s prior to pouring of concrete or laying of timber floor boards.

52. Building Inspections

The Applicant, Owner and Builder, jointly and severally, must ensure that they call theirPrincipal Certifying Authority ("the PCA") to carry out such critical phase buildinginspections required by the PCA, the PCA Service Agreement and that the PCA is satisfiedwith the level of compliance achieved before the Builder proceeds to the next phase ofconstruction. Ample notice of required inspections must be given to the PCA in accordancewith the PCA Service Agreement. The Applicant, Owner and Builder must comply with thePCA Service Agreement (Service Contract) and any lawful direction given by the PrincipalCertifying Authority.

Note: It is the responsibility of the PCA to ensure that critical phase building inspections areundertaken in accordance with a PCA Service Agreement and issue to the Applicant, Ownerand Builder appropriate Notice under Section 109L of the Environmental Planning &Assessment Act 1979 ("the Act") where any breach of this consent occurs. Failure of thePCA to issue such notice may result in Council taking action under Section 109V of the Act.Failure of the Applicant, Owner and Builder to comply with a PCA Service Agreement andcomply with lawful directions of the PCA under this condition may result in Council issuingfines, notices, orders and commencing legal proceedings. Council will only enter into PCAAgreements with the Owner of the land being developed. Council, if appointed as the PCA,will report to the owner of the land being developed.

53. Requirement for a Compliance Certificate

A Compliance Certificate must be issued prior to the issue of an Occupation Certificatecertifying that the development has been built and completed in accordance with thedevelopment consent and that all the conditions of development consent have been satisfied.

54. Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained.Application must be made through an authorised Water Servicing Coordinator. Please refer to“Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the“e-developer” icon or telephone 13 20 92.

Following application, a “Notice of Requirements” will detail water and sewer extensions tobe built and charges to be paid. Please make early contact with the Coordinator, sincebuilding of water/sewer extensions can be time consuming and may impact on other servicesand building, driveway or landscape design.

The Section 73 Certificate must be submitted to Council or the accredited certifier prior to theissue of an occupation or subdivision certificate.



This condition does not apply to the following:

• Strata subdivision plans which have been previously referred to Sydney Water forSection 73 certification at the development application stage, for other than dualoccupancy style development.

• Consolidation of existing lots of land, not involving subdivision of the existing lots.• A new single residential dwelling replacing an existing dwelling.• Alterations and additions to an existing residential dwelling (including carports).• Carports on residential lots.• Developments where Council has approved servicing arrangements which are

independent of Sydney Water’s systems (except in Sydney Water catchments).

55. Section 94 contributions (residential development)

Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979, a monetarycontribution of –

• $1983 towards the provision of recreational facilities; and• $29.74 towards the costs for administration of Woollahra Section 94 Contributions Plan

2002;Total contribution = $2012.74

must be paid to Council:

(a) prior to the issue of a construction certificate, where a construction certificate isrequired; or

(b) prior to the issue of a subdivision certificate, where only a subdivision certificate isrequired; or

(c) prior to the issue of an occupation certificate in any other instance.

This condition is imposed under the Woollahra Section 94 Contributions Plan 2002.

Indexation of Section 94 contributionsTo ensure that the value of monetary contributions is not eroded over time by increases incosts, the contribution rates specified in the Plan will be increased annually on the anniversaryof the commencement of the Plan based on the formula specified in Clause 3.13 of the Plan.

If the required contribution is not paid before the next anniversary of the commencement ofthe Plan following the date of this development consent, the payable contribution will be theincreased amount calculated by Council in accordance with the indexation formula set out inclause 3.13 of the Plan.

Deferred periodic payment of Section 94 contributionsAny request for deferred or periodic payment of the Section 94 contribution required by thisconsent must be made in writing by the applicant and must set out the reasons for the request.Council will consider any such request on the basis of the criteria set out in clause 3.8 of thePlan.

Where Council accepts payment by way of instalments, each instalment will be paid beforework commences on the corresponding stage of the development and the amount of eachinstalment will be calculated on a pro-rata basis in proportion to the cost of the development.



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

(a) the guarantee is by an Australian bank for the amount of the total outstandingcontribution;

(b) the bank unconditionally agrees to pay the guaranteed sum to Council on written requestby Council on completion of the development or no earlier than 12 months from theprovision of the guarantee whichever occurs first;

(c) the bank agrees to pay the guaranteed sum without reference to the applicant orlandowner or other person who provided the guarantee and without regard to anydispute, controversy, issue or other matter relating to this development consent or thecarrying out of the development in accordance with this development consent; and

(d) the obligations of the bank are discharged when payment to Council is made inaccordance with the guarantee or when Council notifies the bank in writing that theguarantee is no longer required.

Any deferred or outstanding component of the contribution will be indexed in accordancewith clause 3.13 of the Plan. If a deferred or periodic payment is not made before the nextanniversary of the Plan, the amount payable will be the increased amount calculated byCouncil in accordance with clause 3.13 of the Plan. The applicant will pay any chargesassociated with establishing or operating the bank guarantee. Council will not cancel the bankguarantee until the outstanding contribution as indexed and any accrued charges are paid.

56. Wet areas

All floors of wet areas are to be constructed and finished so as to be impervious to water andgraded to a sufficient number of floor drains.

57. External Service Pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant andthe like must be located within the building. Details confirming compliance with thiscondition must be shown on construction certificate plans and detailed with constructioncertificate specifications. Required external vents or vent pipes on the roof or above the eavesmust be shown on construction certificate plans and detailed with construction certificatespecifications. External vents or roof vent pipes must not be visible from any place unlessdetailed upon development consent plans.

Where there is any proposal to fit external service pipes or the like this must be detailed in anamended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of thebuilding or front roof elevation. The applicant, owner and builder must protect the appearanceof the building from the public place and the appearance of the streetscape by elimination ofall external services excluding vent pipes required by Sydney Water and those detailed upondevelopment consent plans.



58. Details of External structures

Details of any external vents or structures on the roof or above the eaves must be submitted toCouncil for approval with or before the application for a Construction Certificate.

59. Downpipes

Downpipes must not project or discharge from the property boundary onto the footway.

60. Long Service Levy Payment

A Long Service Levy under Section 34 of the Building & Construction Industry Long ServicePayment Act , 1986, must be paid and proof of payment provided prior to the issue of aConstruction Certificate.

The Levy can be paid directly to the Long Services Payments Corporation or to Council.

61. Requirement for a Subdivision Certificate

A Subdivision Certificate must be obtained pursuant to the provisions of Section 109 C (1)(d)of the Environmental Planning and Assessment Act 1979 prior to the commencement ofsubdivision works.

62. Water conservation

Water saving showerheads must be fitted to all showers within the development to reducewater consumption and promote energy efficiency.

63. Energy efficiency

The development must be designed and constructed so that each dwelling achieves aperformance rating of 3.5 stars (NatHERS or equivalent). A NatHERS certificate, orequivalent, is to be submitted by an accredited NatHERS assessor. (A list of accreditedassessors is available from Council’s Customer Services Counter or from the SustainableEnergy Development Authority).

64. Standard for demolition

All demolition work must be undertaken in accordance with the provisions of AustralianStandard AS2601-2001: The Demolition of Structures.

65. Facilities for waste storage and collection

Details of facilities for waste storage and collection must be submitted to the accreditedcertifier prior to issue of a Construction Certificate. Details must meet the followingrequirements.

Single occupancies (all areas except Paddington and West Woollahra):

Within the property boundaries, there must be provision for:



i) One 120 litre mobile garbage bin for putrescible wasteii) One 50 litre crate for paper recyclables (blue)iii) One 50 litre crate for non-paper recyclables (black); andiv) One 240 litre mobile garbage bin for garden organics.

Inside the Waste Storage Area

The interior of the Waste Storage Area must meet the following requirements

i) Bins to be stored with lids down to prevent vermin from entering the waste containers.ii) The area must be constructed with a smooth impervious floor graded to a floor waste

and provided with a tap and hose to facilitate regular cleaning of the bins. A wastestorage area that is located internal to the building must be fitted with both a hot andcold water supply and hose cocks. Waste water must be discharged to the sewer inaccordance with the requirements of Sydney Water.

iii) Walls and ceilings of the waste storage area must be constructed of an imperviousmaterial with a smooth finish. The junction between the walls and the floor must becoved with a minimum radius of 25mm to prevent the accumulation of waste matter.

iv) The garbage storage area must be well lit to enable use at night. A timer switch must befitted to the light fitting to ensure the light is turned off after use.

v) Odour problems to be minimised by good ventilation. The air flow must not be close tounits.

vi) Air-conditioned waste storage areas to be provided with a separate air-conditioningsystem to units.

vii) For developments of four storeys and above, waste storage areas, garbage and recyclingrooms must be fitted with fire sprinklers and be rated to fire safety standards inaccordance with the Building Code of Australia.

viii) Both putrescible and recycling bins/crates must be stored together. Recycling bins mustnever stand alone. They must always be located beside putrescible waste bins.Putrescible bins must be located closest to the entrance to the waste storage room.

ix) Signage on the correct use of the waste management system and what materials may berecycled must be posted in the communal waste storage cupboard/ room or bin bay.

66. Discovery of additional information during remediation, demolition or construction

Any new information which comes to light during remediation, demolition or constructionworks which has the potential to alter previous conclusions about site contamination andremediation must be notified to Council and the accredited certifier immediately afterdiscovery.

67. Compliance with Building Code of Australia

(a) All building work must be carried out in accordance with the provisions of the BuildingCode of Australia.

(b) This condition does not apply to the extent to which an exemption is in force underClause 187 or 188, of the Environmental Planning and Assessment Regulation 2000,subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188(4) of the Regulation.



68. Change of building use

(a) A building in respect of which there is a change of building use must comply with theCategory 1 fire safety provisions applicable to the proposed new use.

Note. The obligation under this condition to comply with the Category 1 fire safetyprovisions may require building work to be carried out even though none is proposed orrequired in the relevant development consent.

(b) This condition does not apply to the extent to which an exemption is in force underClause 187 or 188 of the Environmental Planning and Assessment Regulation 2000,subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188(4).

69. Residential building work

(a) Building work that involves residential building work (within the meaning of the HomeBuilding Act 1989) must not be carried out unless the principal certifying authority(PCA) for the development to which the work relates:

• in the case of work to be done by a licensee under that Act:

(i) has been informed in writing of the licensee's name and contractor licensenumber; and

(ii) is satisfied that the licensee has complied with the requirements of Part 6 of thatAct; or

• in the case of work to be done by any other person:

(iii) has been informed in writing of the person's name and owner-builder permitnumber; or

(iv) has been given a declaration, signed by the owner of the land, that states that thereasonable market cost of the labour and materials involved in the work is lessthan the amount prescribed for the purposes of the definition of owner-builderwork in Section 29 of that Act,

and is given appropriate information and declarations under paragraphs (a) and (b)whenever arrangements for the doing of the work are changed in such a manner as torender out of date any information or declaration previously given under either of thoseparagraphs.

Note:The amount referred to in paragraph (a) (iv) above is prescribed by regulations under theHome Building Act 1989. As at the date on which this Regulation was Gazetted, thatamount was $5,000. As those regulations are amended from time to time, so thatamount may vary.

(b) A certificate purporting to be issued by an approved insurer under Part 6 of the HomeBuilding Act 1989 that states that a person is the holder of an insurance policy issued forthe purposes of that Part is, for the purposes of this clause, sufficient evidence that theperson has complied with the requirements of that Part.



70. Excavations and backfilling

(a) All excavations and backfilling associated with the erection or demolition of a buildingmust be executed safely and in accordance with appropriate professional standards.

(b) All excavations associated with the erection or demolition of a building must beproperly guarded and protected to prevent them from being dangerous to life orproperty.

71. Retaining walls and drainage

If the soil conditions require it:

(a) retaining walls associated with the erection or demolition of a building or otherapproved methods of preventing movement of the soil must be provided; and

(b) adequate provision must be made for drainage.

72. Support for neighbouring buildings

(a) If an excavation associated with the erection or demolition of a building extends belowthe level of the base of the footings of a building on an adjoining allotment of land, theperson causing the excavation to be made:

(i) must preserve and protect the building from damage; and(ii) if necessary, must underpin and support the building in an approved manner; and(iii) must, at least 7 days before excavating below the level of the base of the footings

of a building on an adjoining allotment of land, give notice of intention to do so tothe owner of the adjoining allotment of land and furnish particulars of theexcavation to the owner of the building being erected or demolished.

(b) The owner of the adjoining allotment of land is not liable for any part of the cost ofwork carried out for the purposes of this condition, whether carried out on the allotmentof land being excavated or on the adjoining allotment of land.

(c) In this condition, allotment of land includes a public road and any other public place.

73. Protection of public places

(a) If the work involved in the erection or demolition of a building:

(i) is likely to cause pedestrian or vehicular traffic on a public place to be obstructed orrendered inconvenient, or

(ii) building involves the enclosure of a public place;

a hoarding or fence must be erected between the work site and the public place.

(b) If necessary, an awning must be erected, sufficient to prevent any substance from, or inconnection with, the work falling into the public place.

(c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardousto persons in the public place.



(d) Any such hoarding, fence or awning must be removed when the work has beencompleted.

Note: Prior to the erection of any hoarding, fence or the like on any footpath or other propertyowned or controlled by Council, permission must be sought and obtained from Counciland the prescribed rental fee paid.

74. Signs to be erected on building and demolition sites

(a) A sign must be erected in a prominent position on any work site on which workinvolved in the erection or demolition of a building is being carried out :

(i) stating that unauthorised entry to the work site is prohibited; and(ii) showing the name of the person in charge of the work site and a telephone number

at which that person may be contacted outside working hours.

(b) Any such sign must be removed when the work has been completed.

(c) This clause does not apply to:

(i) building work carried out inside an existing building; or(ii) building work carried out on premises that must be occupied continuously (both

during and outside working hours) while the work is being carried out.

75. Toilet facilities

(a) Toilet facilities must be provided, at or in the vicinity of the work site on which workinvolved in the erection or demolition of a building is being carried out, at the rate ofone toilet for every 20 persons or part of 20 persons employed at the site.

(b) Each toilet provided:

(a) must be a standard flushing toilet; and

(b) must be connected:

(i) to a public sewer; or(ii) if connection to a public sewer is not practicable, to an accredited sewage

management facility approved by the Council; or(iii) if connection to a public sewer or an accredited sewage management facility

is not practicable, to some other sewage management facility approved bythe Council.

(c) The provision of toilet facilities in accordance with this clause must be completedbefore any other work is commenced.

(d) In this condition:

accredited sewage management facility means a sewage management facility to whichDivision 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being asewage management facility that is installed or constructed to a design or plan the subject of acertificate of accreditation referred to in Clause 95B of the Regulation.



approved by the Council means the subject of an approval in force under Division 1 of Part 3of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation1993.

sewage management facility has the same meaning as it has in the Local Government(Approvals) Regulation 1993.

76. Residential building work over $12,000 in value

Council must be provided with the following information prior to the commencement of anyworks;

(a) the proposed builder's details (in writing); and(b) proof of payment of the required insurance premium pursuant to Part 6 of the Home

Building Act 1989.

77. Swimming Pools and Spa Pools

The pool must comply with the following requirements:

• all waste water must be drained into the main sewer with the permission of SydneyWater;

• filtration or other mechanically operated equipment must be operated by a time switchand must be installed set and sealed so that the operation of such equipment is limited tobetween the hours of 7.00 am and 7.00 p.m. daily;

• filtration or other mechanically operated equipment must be installed in a masonryhousing and treated to prevent the noise level, when the equipment is in operation, fromrising above the background noise level, when measured at the boundaries of the subjectsite;

• vertical depth markers must be permanently fitted and clearly visible at the deep andshallow ends of the pool to ensure reasonable levels of safety;

• where the pool concourse is higher than 1 metre above the adjacent ground level, aprotective guard or handrail complying with the provisions of Clause D2.16 of theBuilding Code of Australia must be fitted;

• an egress ladder or steps into the pool must be provided to ensure reasonable levels ofsafety;

• the pool must be fenced, prior to filling the structure with water to a depth of 300 mm ormore in such a manner so as to obstruct the entry to the pool in accordance with theprovisions of the Swimming Pools Act 1992 and Regulations and Australian Standard1926 "Fences and Gates for Private Swimming Pools;"

• all overflow and splash must be contained within the boundaries of the site, to ensurereasonable levels of amenity for neighbouring properties and the locality;

• warning notices must be provided in accordance with the provisions of the SwimmingPools Act 1992 Section 17 and Regulation 8, to ensure reasonable levels of safety.



78. Dilapidation reports

A dilapidation report on the current structural condition of the existing buildings at Nos 179and 183 Hopetoun Ave and the wall to the common boundary of Nos 1 and 3 Cambridge Avemust be prepared by a practicing structural engineer. The Report must be completed andsubmitted to Council prior to the commencement of any demolition, excavation orconstruction works.

A second dilapidation report recording structural condition must be carried out on Nos 179and 183 Hopetoun Ave and the wall to the common boundary of Nos 1 and 3 Cambridge Aveat the completion of the works and be submitted to Council.

79. Supervision of soil remediation works

Soil remediation works will involve come sections of the site to be excavated and replacedwith controlled fill. Excavation works adjacent to neighbouring properties will requiretemporary soil retention and support of neighbouring property and structures.

Due to this, the excavation and construction of these works must be overseen by ageotechnical engineer. This is to ensure the stability of surrounding property / infrastructure isnot adversely effected by such works.

Excavation, retention, underpinning and construction of shoring must be undertaken on-siteby an excavation contractor with specialist excavation experience. A suitably qualifiedgeotechnical or structural engineer, specialising in excavation, must supervise theseprocedures.

This engineer is to provide certification to the Accredited Certifier, prior to issue of FinalBuilding Certificate, that excavation, retention, underpinning and construction of all theexcavation works stated above has been conducted:

a. According to the relevant Australian Standards and Codes of Practice, andb. In a manner that does not compromise the structural integrity of all adjacent structures

and property.

80. Retention of existing boundary wall

In order to prevent overlooking of the rear section of No 185 Hopetoun Ave, the existingboundary wall to the north-western boundary of Allotment No 2 is to be retained. Such is tobe indicated on the plans submitted with the construction certificate application.

Annexure: Development Assessment Report submitted to the Development ControlCommittee at its meeting on Monday 19 January 2004.



DEVELOPMENT APPLICATION ASSESSMENT REPORT

ITEM No. D3

FILE No. DA 972/2002/1

ADDRESS: 2 Bundarra Road, Bellevue Hill

PROPOSAL: Demolition of the existing residential flat building and the erectionof a new residential flat building


APPLICANT: Bentos Pty Ltd

OWNER: Bentos Pty Ltd

DATE LODGED: 26/11/02 (Original Submission)1/9/02 (Amended Submission)

AUTHOR: Thomas Riley Group Pty Ltd

LOCALITY PLAN

SubjectSite

Objectors

North

LocalityPlan



1. SUMMARY

Reason for report

Council’s delegations require all development applications for new residential flat buildings to bedetermined by the Development Control Committee.

Issues

Driveway accessSetbacksObjectors’ concernsPrivate open space provision

Objections

Two

Cost of works

The stated cost of the proposed work of $730,000 has been checked using the standard criteriaspecified in the Cordell Building Guide and is considered to be accurate.

Recommendation

The amended application is recommended for conditional approval because it:

1. is permissible under the zoning;2. complies with the objectives of the relevant planning standards contained in the WLEP

1995 and RDCP 1999;3. is an appropriate design for the site; and4. will not have adverse effects on the amenity of adjoining properties such that refusal is

justified.

2. DESCRIPTION OF PROPOSAL

The proposal was amended on 1 September 2003. The amendments are described under “Section5.5 Urban Design”.

The proposal involves the following alterations and additions:

• Demolition of the existing residential flat building.• Construction of a new three level residential flat building comprising 3 x 4 bedroom dwellings,

landscaping, and on-site parking for 7 vehicles.• Each of the dwellings has a similar floor plan, with double garage, storage, laundry and

pedestrian access at ground floor, main living areas and two bedrooms at first floor, remainingbedrooms and two bathrooms at second floor with stairs leading to a roof deck with spa and bbqarea.

• Private open space is provided by courtyard areas at ground level, east and west facingbalconies/terraces at first and second level, as well as a separate roof deck area for eachdwelling.



• Each double garage is accessed via a common driveway located along the eastern boundary ofthe site. Part of the driveway is shared with the adjoining residential flat building at No. 70Birriga Road, which has shared garaging and parking areas provided at the rear. The site isburdened by a 2.13m wide by 25.908m long right-of-way facilitating the shared access.

3. DESCRIPTION OF SITE AND LOCALITY

The subject site is located on the southern (high) side of Bundarra Road situated at the intersectionwith Birriga Road. It has a frontage of 15.24m to Bundarra Road, a rear boundary of 15.31m inwidth, a north-western side boundary 45.4m in length and a south-eastern side boundary 46.8m inlength. The site has an area of 702.8m2.

The site rises by approximately 0.5m above the roadway to RL 40.0, and then slopes gentlyupwards to the rear boundary to approximately RL 42.2. An escarpment, approximately 10m inheight exists adjacent to the rear boundary so that the adjoining buildings behind are elevatedsignificantly above the subject land.

The site is currently occupied by a two storey residential flat building with a gable pitched roof. Thebuilding currently contains 4 units and has an open hard stand parking area at the rear.

Adjoining the site to the east is a two storey (plus attic), older style residential flat building. To thewest is a three level single detached dwelling with garaging at ground floor level. Several sites inthe immediate locality have been or are currently being developed for modern residential flatbuildings.

4. PROPERTY HISTORY

No relevant history applies to the subject site.

5. REFERRALS

5.1 Comments from external approval bodies

Not required.

5.2 Building

Satisfactory, subject to Condition No. 65.

5.3 Health

Not required.

5.4 Heritage

Council’s former Heritage Officer, Ian Kirk, has provided the following comments in relation to theproposed demolition of the existing dwelling-house:



“Heritage Status:

Heritage item NoConservation area NoVicinity of heritage item NoPotential heritage item No

1.1 Description of Buildings

The existing building is a block of 2 storey Inter War flats which is altered. The verandahs havebeen enclosed and altered and some of the original detailing has been lost.

1.2 Significance of Property

The building is a typical example of an Inter War flat building found throughout the inner suburbsof Sydney. It does not demonstrate any unique architectural features nor appears to be associatedwith any prominent persons or groups. Based on a review of the available information I considerthe property has no heritage significance to the Woollahra area to justify its retention.

Recommendation – APPROVAL subject to the following conditions:-

2 copies of the Heritage Report to satisfy archival recording requirements prior to the issue of aConstruction Certificate.

The recommended condition is included as Condition No. 46 in the recommendation.

5.5 Urban Design

The original application was referred to Council’s former Urban Design Officer, Scott Pedder, whohad ongoing input into the design of the proposal.

An on-site meeting was held with the applicant and architect early in the process. As a result ofconcerns raised by Mr Pedder at that meeting, a revised sketch proposal was submitted. A formalreferral was then undertaken, and Mr Pedder provided the following comments:

1. The levels of the building need to be expressed horizontally. The revised front elevationstill retains the vertical articulation which appears to be a carry over from the originalproposal that had the stair tower in the front elevation. The horizontal emphasis caneasily be achieved given the revised floor planning and should express each level (asuggestion that is picked up in the Governments Pattern Book).

2. The cantilevered balconies (those projecting forward of the main building line) and thepergolas should remain as relatively light weight elements. (The depth of balconies atthe first floor frontage do not appear as if they will be that usable). Also, the range ofelements on the front façade need to be simplified – less emphasis on symmetry perhaps– including the balconies and the window types.

3. The ground floor façade addressing the street needs to have some level of articulationrather than present as a blank wall.

4. As suggested at the meeting the top level pergola (or enclosed element) should be setback from the front façade by at least three metres.

The plans were subsequently amended as a result of these comments. The applicant addressed theconcerns in the following ways:



• The living area has been oriented directly to the street by placing the stairs at the back ofthe building, thereby removing the dominating stair tower element proposed in the originalscheme.

• Small balconies cantilevered from the main façade have been introduced to providehorizontal expression. The balconies, although narrow, are secondary to the main privateopen space areas provided elsewhere, and are intended to provide additional internalamenity as well as adding variation and articulation to the front building façade.

• The front elevation has been simplified by removing the dominating vertical stair elementand providing consistent window proportions and light-weight cantilevered balconystructures constructed of metal with wire balustrades.

• Additional windows have been incorporated at ground floor level to the front façade toavoid presenting as a blank wall.

• The top level pergola has been set back 3m from the front building line.• The front façade has been broken into three clearly defined levels.

The revised proposal is a significant improvement and satisfies the concerns raised by Council’sUrban Design Officer. The building presents as a simple, well articulated and cohesive structure,particularly when viewed from Bundarra Road.

5.6 Stormwater Drainage

Satisfactory, subject to Conditions 28 – 31.

5.7 Landscaping/Trees Management

Satisfactory, subject to Conditions 18-27.

5.8 Parking and Traffic

Council’s Development Engineer made the following comments:

The development will result in a minor amount of traffic generation. No further comments arerequired.

The internal dimensions, entrance and access ramp widths of the proposed parking area complieswith Australian Standard 2890.1 – “Off-Street car parking”.

A condition concerning the design and construction of the parking area has been inserted.

It is noted that the existing site access is located on an exit of a busy roundabout. Whilst not in thebest location, the remainder of the site frontage consists of service pits for other utility providersand a bus stop. It appears that the only means of vehicle access to the site (and the neighbouring)would be in the location of the existing driveway crossover. Nevertheless, there is adequate sightdistance for vehicles exiting the development and the presence of the traffic control device greatlyslows down traffic in this area.

Conditions 51 and 60 have been included in accordance with the Development Engineer’srecommendation.



ENVIRONMENTAL ASSESSMENT UNDER S.79C

The relevant matters for consideration under section 79C of the Environmental Planning andAssessment Act 1979 are assessed under the following headings:

6. STATE/REGIONAL INSTRUMENTS AND LEGISLATION

6.1 SEPPs

SEPP 55 – Remediation of Land

Clause 7 (1)(A) of the instrument requires Council to consider whether the land is contaminated. Inthis regard, the demolition report submitted with the development application indicates that thesubject site has a history of residential use from 1920. Additionally, Council’s investigation intopossible contaminated sites within the municipality has not identified the subject or surroundingsites as potentially affected. Accordingly, there is considered to be no contamination issue.

6.2 REPs

SREP 23 – Sydney and Middle Harbours

The provisions of Clause 18 and the objectives stated under Clause 2 of this instrument requireCouncil to consider the visual impact that a development may have on Sydney Harbour. The subjectsite is a considerable distance from the harbour and will not be visible. The proposal is thereforeconsidered acceptable in regard to the provisions of this instrument.

6.3 Section 94 contribution

The development does not generate a recreation contribution under Council’s Section 94Contributions Plan 2002 as the three unit development replaces an existing four unit building,resulting in a net decrease in the number of dwellings.

6.4 Other legislation

None relevant.

7. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995

7.1 Zoning

The subject site is zoned Residential 2(b).

7.2 Aims and objectives of WLEP 1995 and zone (Clause 8(5))

The amended proposal is permissible and is consistent with the aims and objectives of the LEP andthe relevant objectives of the zone.



7.3 Statutory compliance table

Site Area (702.8m²) Existing Proposed Control Complies

Site frontage (metres) 15.24m 15.24m 15m Yes

Overall Height (metres) NA 11.6m 12m Yes

Floor Space Ratio NA 0.79:1 0.875:1 Yes

7.4 Site frontage requirements

The provisions of Clause 10B of Woollahra LEP 1995 stipulate a minimum site frontage of 15m forresidential flat building development containing three dwellings or less. The application proposesthree dwellings on a subject site that has a frontage of 15.24m to Bundarra Road, complying withthe site frontage requirement.

7.5 Height

The proposal complies with the maximum height limit of 12m stipulated for the subject site.

7.6 Floor space ratio

The total floor area, including the laundry and entry at ground floor level, along with first andsecond floor levels and the roof terrace area of each dwelling, complies with the maximum floorspace ratio stipulated by WLEP 1995.

7.7 Other special clauses/development standards

Clause 18 Excavation

Clause 18 requires Council to consider the impact of excavation associated with a developmentproposal on the local environment. In this regard, the proposal incorporates minimal excavation asthe proposed garaging is close to natural ground level.

The proposed excavation is acceptable in terms of Clause 18.

Clause 25 Water, waste water and stormwater systems

Clause 25 of Woollahra LEP requires Council to take into consideration the provision of adequatestormwater drainage and the provision of adequate water and sewerage services. The developmentproposal has been assessed against the provisions of Clause 25 Woollahra LEP and is considered tobe satisfactory, subject to Conditions Nos. 28 - 31, in relation to stormwater drainage and AdvisingNo. 2 in relation to water and sewerage services.

8. DRAFT AMENDMENTS TO STATUTORY CONTROLS

Draft Amendment No 45 to Woollahra LEP 1995 involves the introduction of objectives relation tothe provision of adequate disabled access. The proposal is considered to be satisfactory in thisregard, subject to Condition No 5.



9. DEVELOPMENT CONTROL PLANS

9.1 Compliance table - Woollahra Residential Development Control Plan 1999

Existing Proposed Control Complies

Building Footprint NA 24%(171m2)

40% of site(281.12m2)

Yes

Building Boundary Setbacks:Front (north)Rear (south)Side (west)Side (east)

9.7 m21 m (av.)

0.8 m2.5 m

7.0 m10.4 – 11.8m2.7 - 5.04 m2.56 - 5.8 m

Predom.11.5 m

1.5 – 5.5 m1.5 – 5.8 m

YesNo (partial)No (partial)

YesMinimum Floor to Ceiling Height– Habitable Rooms

N/A 2.75 m 2.7m Yes

Non-Articulated Building Lengthto Street N/A 4.3 m 6m Yes

Side and Rear Fence Height 1.8m 1.8m 1.8m Yes

Deep Soil Landscaped Area(RFBs)

N/A 41%(293m2)

40% of SiteArea

(281.12m2)Yes

NA>35m²

Area – 35m²Dimension –

3mPrincipal Area

– 16m²Dimension –

4m

YesPrivate Open Space Per Dwelling –At Ground Level

<1 in 10Maximum

Gradient 1 in10

Yes

Setback from Significant MatureTrees

NA >3m 3m Yes

Solar Access to Ground LevelOpenSpace of Adjacent Properties

NA >50%50%

Dimension –2.5m

Yes

Solar Access to North-FacingLiving Areas of Development N/A 4 hours 3 Hours in

Mid-winter Yes

Solar Access to North-FacingLiving Areas of AdjacentProperties

N/A >3hours3 Hours inMid-winter Yes

Energy Efficiency Rating N/A 3.5 and 4Stars 3.5 Stars Yes

Setback of Bedroom Windowsfrom Streets, Driveways andParking Areas

Adjacent(aboveground)

Adjacent(aboveground)

3m No

Car Parking N/A 6 + 1 visitor 6 + 1 visitor Yes

Width of Garages, ParkingStructures and Driveways

Not visible Not visible40% of SiteFrontage or

6.1mYes




Location of Car Parking Structures NABehind frontbuilding line

Behind FrontBuilding Line,

Except asProvided for in

5.10.3 (p11)

Yes

Access Driveway Grades N/A 15% (12%transition)

15% Overall Yes (bycondition)

12%Transitional Yes

Access Driveway Width 3m 3m 3.5 – 6.0m No

Site analysis performance criteria

The proposal is satisfactory in terms of providing adequate site analysis documentation.

Performance Criteria No. 1 requires development to fit into the surrounding environment andpattern of development by responding to surrounding neighbourhood character and streetscape. Theproposed flat roofed contemporary style residential flat building, as amended, is compatible withsimilar recent redevelopments as well as older style medium density housing development withinthe locality.

Precinct future character objectives

The objectives of the Bellevue Hill Precinct relate to the maintenance of landscape character,preservation of views and streetscape character, and the preservation of cohesive streetscapes interms of height, form and setbacks.

The proposed height, scale, style and form of the building, as amended, is appropriate in the contextof newer residential flat building development within the locality, as well as the older style three tofour storey development adjoining the subject site. The proposal incorporates extensive landscapingthat will contribute to the landscaped character of the area and no significant trees will be lost.

Precinct performance design objectives & criteria

The proposal complies with the numerical performance criteria in terms of building footprint, andpreserves and enhances the character elements of the precinct. The proposed building is to be setwithin a landscaped setting and uses articulation to provide a positive interface with the street.

Streetscape performance criteria

The amended scheme represents a significant improvement with regard to the streetscapepresentation of the building and is considered to be satisfactory with regard to the performancecriteria stipulated under Part 5.1 of Council’s RDCP 1999. The building façade incorporates anunarticulated length of less than 6m and garaging will not be visible from the street.



Building size and location performance criteria

The proposal involves a minor non-compliance with Council’s minimum side boundary setbacks onthe western side, facing the adjoining building at No. 4 Bundarra Road. The relevant objectives ofCouncil’s Building Size and Location Performance Criteria include the provision of adequate deepsoil landscaping, the maintenance of amenity of adjoining properties in terms of views, privacy,solar access and to ensure the building form is not excessive in scale.

The minor non-compliance relates to the western wall of the dining and kitchen area of each unit atfirst floor level, Bedroom 1 of each unit at second floor level and the upper extent of the stairwellsto units 2 and 3 at the roof level. The areas of non-compliance will not contribute to any adverseimpact on the adjoining western dwelling in terms of overshadowing, as the shadow diagramsindicate that the proposed building will have minimal shadow impact on the adjoining building atNo. 4. The portions of the building that encroach within the required side setback are solid walls,therefore the encroachment will not result in any adverse privacy impacts. The western elevation ofthe building is well modulated, with balconies and variation in setbacks and materials breaking upits visual massing when viewed from the adjoining property. The provision of screen planting is notinhibited by the minor non-compliances at the upper levels. The minor non-complying elementswill not have any adverse impact on the adjoining property.

The rear setback is required by RDCP 1999 to be 25% of the average site length, calculated to be11.5m for the subject site. The rear boundary of the site is not at right angles to the side boundaries,and the proposed rear setback at ground level ranges from 10.425m to 11.805m. The non-compliance is within the south-western corner of the building at ground, first and second floorlevels. A sheer 10m high (approx) cliff face exists along the rear boundary, creating significantvisual separation between the subject site and adjoining sites to the rear. The area of non-compliance will not have any adverse impact on adjoining properties by way of loss of view orsolar access. Further, the proposal provides adequate deep soil landscaping within the rear courtyardarea.

The proposal is therefore considered acceptable in relation to the provisions of Part 5.2 of RDCP1999.

Open space and landscaping performance criteria

The proposal complies with all performance criteria and objectives stipulated under Part 5.3 ofCouncil’s RDCP 1999.

Fences and walls performance criteria


Views performance criteria

No public views or vistas across the subject site are currently available or will be affected.

As the subject site is at a significantly lower level than the adjoining dwellings behind, the proposalwill result in minimal loss of view or outlook from those dwellings. The overall height of theproposed building is RL53.37 (at the highest point) is not significantly higher than the ridge of theexisting dwelling (RL52.03).



The adjoining rear top floor unit owner at No. 5/70 Birriga Road has raised concern that theproposed building will block views from their unit across the rear of the site. The height andorientation of the adjoining building at No. 70 in comparison with the existing building and existingbuildings further west is such that no significant views would be available. The proposal may affectthe outlook from the objector’s windows, but this would currently be dominated by the escarpmentand landscaping to the rear of the existing flat building. It is not considered that the proposal willhave any unreasonable impacts on significant views or outlooks from any adjoining property.

The proposal is considered acceptable in relation to Part 5.5 of RDCP 1999.

Energy efficiency performance criteria

The proposal has included certification that an energy efficiency rating of 3.5- 4.0 stars will beachieved which ensures compliance with the energy efficiency requirements stipulated under Part5.6 of Council’s RDCP 1999.

Solar access to north-facing windows of habitable rooms to neighbouring dwellings and theproposal is provided in accordance with Performance Criteria Nos. 7 and 8 specified under Part 5.6of Council’s RDCP 1999.

Stormwater management performance criteria

Subject to the imposition of Conditions Nos 12-15, the proposal is satisfactory with regard to theprovisions of Part 5.7 of Council’s RDCP 1999.

Acoustic and visual privacy performance criteria

The provisions of Part 5.8 of Council’s RDCP 1999 requires the maintenance of the visual andacoustic privacy of adjoining properties.

Glass bifold doors along the eastern edge of each roof deck will provide acoustic privacy to theadjoining residents of No. 70 Birriga Road. The edge of the roof terraces are set back 5.4m from theeastern side boundary and approximately 6.4m from the adjoining building at No. 70 Birriga Road.Reasonable separation is therefore provided between the terraces and adjoining buildings. Planterboxes (600-900mm wide) are located along the western edge of the roof terraces coupled with glasslouvres, providing visual and acoustic screening to the adjoining property at No. 4 Bundarra Road.

The eastern wall of No.4 Bundarra Road that faces the subject site contains only minor windowopenings, with the majority of windows to habitable rooms oriented towards the front and rear ofthe dwelling. The dwelling at No. 4 Bundarra Road also features a deck area located towards thefront elevation of the building, which at first floor level is roofed providing visual screening. Thedeck is oriented towards the street and is not the primary private open space area. The proposedbalconies at second floor level along the western elevation (adjoining the eastern wall of No. 4Bundarra Road) are associated with the main bedroom of each dwelling. Timber privacy shuttersare provided along the western edge of each balcony. Aluminium privacy screens are also providedIt is not considered that these balconies will not result in unreasonable privacy impacts.



The proposed building also incorporates terrace areas at second floor along the eastern elevationadjoining No. 70 Birriga Road, associated with Bedroom 2 of each dwelling. These terraces arerelatively narrow in width (800mm) and are subsequently not of sufficient dimension toaccommodate a table and chairs or enable their use as an outdoor entertainment area. No concern istherefore raised with the location and design of these terrace areas with regard to potential adverseprivacy impacts to No. 70 Birriga Road.

It is considered that reasonable privacy is maintained to adjoining properties in the context of amedium density residential zone. The proposal is considered to be satisfactory with regard to theprovisions of Part 5.8 of RDCP 1999.

Access and mobility performance criteria

The provisions of Part 5.9 of Council’s RDCP 1999 are designed to ensure adequate pedestrianaccess. The proposal is considered to be satisfactory in this regard, subject to Conditions No 5which are to ensure adequate access for persons dependent upon wheelchairs for mobility.

Car parking and driveways performance criteria

The proposal incorporates individual secure double garages at ground floor level, entirely within thebuilding footprint and not visible from the street. The visitor parking space is provided at the rear ofthe site and a turning area is provided to allow vehicles to exit the site in a forward direction. Theproposal complies with the requirements of Part 5.10 in relation to the number of parking spacesrequired and location of garages. The driveway width proposed of 3.0m is 0.5m below theminimum width of 3.5m required by the DCP. However, Council’s Development Engineer hasreviewed the proposal and considers the driveway width satisfactory, given that the driveway servesonly three dwellings. The location of the driveway adjacent to the roundabout at the junction ofBundarra Road and Birriga Road is not ideal but the location of an existing street tree, bus stop andservices warrants any alternative location impractical.

The proposal is considered acceptable, subject to Conditions 51 and 60.

Site facilities performance criteria

The proposal is considered to be satisfactory with regard to the provisions of Part 5.10 of Council’sRDCP 1999, in terms of the provision of site facilities.

Construction and site management performance criteria

Part 5.14 of Council’s RDCP 1999 requires adequate construction, soil and water management.Conditions Nos 36 - 45 adequately address these issues.

9.2 DCP for off-street car parking provision and servicing facilities

The proposal complies with all of the relevant controls and objectives of this policy.

9.3 Other DCPs, codes and policies

Development Control Plan for Access to and within buildings

This policy requires consideration of the issue of disabled access. Specifically, the entrance andcommon areas to the building are required to be accessible to disabled persons.



The proposal is considered to be satisfactory in this regard, subject to the application of ConditionNo. 5.

10. APPLICABLE REGULATIONS

Clause 92 of the EPA Regulation 2000 requires that Council take into consideration AustralianStandard AS 2601-1991: The demolition of structures, as in force at 1 July 1993. This requirementis addressed by Condition No 50.

11. THE LIKELY IMPACTS OF THE PROPOSAL

All likely impacts of the proposal have been assessed elsewhere in this report with the exception ofa detailed description of the overshadowing impacts of the proposal on adjoining properties.Shadow diagrams submitted with the proposal indicate the following impacts:

• At 9am in midwinter, the proposed building will overshadow a small portion of the rear yardof No. 4 Bundarra Road, adjacent to its eastern boundary. However, the extent ofovershadowing is less than that caused by the existing building (due to its increased westernside boundary setback) and the majority of the rear yard area of No. 4 is not overshadowed.

• At 12 noon at the winter solstice, the proposed building overshadows a portion of the rearcourtyard dedicated to proposed Unit 3, a 3m wide portion of the rear carparking anddriveway area of No. 70 Birriga Road, and the lower section of the western wall of No. 70.The extent of overshadowing at 12 noon to the adjoining dwellings at No. 70 Birriga Road issimilar to that cast by the existing building.

• At 3pm in midwinter, the proposed building will overshadow the majority of the rearvehicular manoeuvring area and the majority of the western wall of No. 70 Birriga Road.

Solar access will be maintained to surrounding properties in accordance with the requirements ofCouncil’s RDCP 1999.

12. THE SUITABILITY OF THE SITE

Excavation associated with the development is minor and considered to be satisfactory with regardto the hydrogeological and geotechnical issues. The site is considered suitable for the proposeddevelopment in all other respects.

13. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising andNotifications DCP. In response, 2 objections were received from the following:

1. G Brodrick, 2/70 Birriga Road, Bellevue Hill2. C Peake, 5/70 Birriga Road, Bellevue Hill

The objections raised the following issues:

• Rear setback does not comply and will impact on views from top floor unit of No. 70 BirrigaRoad.

• Landscaping at rear will impact on vehicle turning space to the adjoining building at No. 70Birriga Road.

• Landscaping at rear will affect light and views to No. 70 Birriga Road.• The length of the right-of-way is not shown.



• Roof terraces will result in overlooking and loss of privacy.• Height is over 9.5m.• Access to the rear parking area of No. 70 Birriga Road will be hindered during construction.• Safety during demolition and construction.

Objectors’ concerns in relation to the rear setback, loss of sunlight and privacy have been addressedpreviously within this report.

• Landscaping at rear will impact on vehicle turning space to the adjoining building at No. 70Birriga Road

Proposed landscaping at the rear of the site is entirely within the boundary of the subject land anddoes not encroach upon the right-of-way.

• Landscaping at rear will affect light and views to No. 70 Birriga Road.

Proposed landscaping at the rear consists of camellias growing up to 3m in height between theboundary with No. 70 Birriga Road and the proposed visitor parking space, as well as four treesgrowing to a height of up to 8m within the rear courtyard. The orientation of the site in relation tothe adjoining property is such that this landscaping will not have any significant impact on the solaraccess experienced by the dwellings of No. 70 Birriga Road. Any additional shadow will fall onlywithin the carparking and driveway area of No. 70 Birriga Road.

• The length of the right-of-way is not shown

The full extent of the right-of-way is shown on the survey and ground floor plan, and the proposaldoes not in any way hinder the use of the right-of-way by the occupants of No. 70 Birriga Road.

• Height is over 9.5m

The allowable height limit for the site is 12m. The maximum height of the proposed building isbelow the maximum height limit.

• Access to the rear parking area of No. 70 Birriga Road will be hindered during construction

In accordance with the conditions recommended by Council’s Development Engineer, thesubmission of a Construction Management Plan will be required with the application forConstruction Certificate. Condition 44 reflects this recommendation.

• Safety during demolition and construction

Refer to comments above and Conditions 36 – 45, 50, 58, 67 and 70.

14. CONCLUSION - THE PUBLIC INTEREST

The proposal has been assessed under the provisions of Section 79 C of the Environmental Planning& Assessment Act 1979 and is considered to be satisfactory and in the public interest, subject toconditions.



15. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning andAssessment Act, 1979

THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 927/2003 for the demolition of the existing residential flat building and theconstruction of a residential flat building containing three dwellings on land at 2 Bundarra Road,Bellevue Hill, subject to the following conditions:

1. Approved Plans

The development must be carried out in accordance with plans numbered 0010-02/03 Sheets1, 2 and 3, Issue B, dated 25 August 2003, drawn by Arcid + Uplaud, including landscapeplan numbered 0010-02/03, Sheet 1L, Issue A, dated November 2002, drawn by Arcid andUplaud, all of which carry a Council stamp “Approved DA Plans” and the signature of aCouncil officer, except where amended by the following conditions.







3. Materials

Details of the colour, texture and substance of all external materials must be submitted toCouncil or the accredited certifier prior to the issue of a Construction Certificate and are to beto the satisfaction of an authorised Council assessment officer or the accredited certifier.



5. Compliance with Disability Discrimination Act

The development must be designed to comply with the requirements of the DisabilityDiscrimination Act and AS 1428 – “Design for Access and Mobility”, Parts 1, 2, 3 and 4.














11. Levels








A Compliance Certificate must be issued prior to the issue of an Occupation Certificatecertifying that the development has been built and completed in accordance with thedevelopment consent and that all the conditions of development consent have been satisfied.

14. Occupation of premises (Class 2-9 buildings)

The premises must not be occupied prior to the issue of an Occupation Certificate.

15. Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained.Application must be made through an authorised Water Servicing Coordinator. Please refer to“Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the“e-developer” icon or telephone 13 20 92.

Following application, a “Notice of Requirements” will detail water and sewer extensions tobe built and charges to be paid. Please make early contact with the Coordinator, sincebuilding of water/sewer extensions can be time consuming and may impact on other servicesand building, driveway or landscape design.

The Section 73 Certificate must be submitted to Council or the accredited certifier prior to theissue of an occupation or subdivision certificate.

This condition does not apply to the following:

• Strata subdivision plans which have been previously referred to Sydney Water forSection 73 certification at the development application stage, for other than dualoccupancy style development.



• Consolidation of existing lots of land, not involving subdivision of the existing lots.• A new single residential dwelling replacing an existing dwelling.• Alterations and additions to an existing residential dwelling (including carports).• Carports on residential lots.• Developments where Council has approved servicing arrangements which are

independent of Sydney Water’s systems (except in Sydney Water catchments).

16. Wet areas





Building Act 1989.





Tree PreservationBond required

1 Lophostemon confertusBrush Box

street tree adjoiningproperty

11 x 10 20000

2 Howea forsterianaKentia Palm

rear; within existing deck 8 x 5 5000

$25000

The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number and colour orshade them in the colour green for trees to be retained and yellow for trees to betransplanted.





19. Trees which may be transplanted

The following tree, which Council considers worthy of retention, must be transplanted andsuccessfully established elsewhere within the development site.


Species Present Location RequiredLocation

2 Howea forsteriana Kentia Palm rear; within existing deck within site

The applicant is to pay for all costs associated with the transplanting of the abovementionedtrees to a suitable alternate location on the subject site. The transplantation must be supervisedby a qualified Arborist, Horticulturist or Landscape Technician.

A Transplantation Method Statement detailing the following points is to be prepared by aqualified Arborist, Horticulturist or Landscape Architect/Technician and must be submittedfor approval by Council or the accredited certifier with or before the issue of a ConstructionCertificate.

(i) Pre-transplantation schedule of works.(ii) Preparation of transplantation site.(iii) Transplantation method.(iv) Post-transplantation aftercare and duration.

20. Replacement trees which must be planted

The following replacement tree species must be planted to ensure the preservation of thelandscape character of the area. Details in compliance with the following criteria specifyingthe species and planting locations of the replacement plants must be included on an amendedLandscape Plan for approval by Council or the accredited certifier with or before theapplication for a Construction Certificate.

Species/Type Planting Location Container Size or Size ofTree

Minimum Dimensionsat Maturity

2 x small feature trees front courtyard 200 litre 6m tall x 4m wide

21. Trees which may be removed

This consent includes approval under Council’s Tree Preservation Order to remove thefollowing trees:



3 Syagrus romanzoffianum Cocos Palm rear of dwelling 7 x 54 Syagrus romanzoffianum Cocos Palm rear of dwelling 7 x 55 Schefflera actinophylla Umbrella Tree rear of dwelling 8 x 56 Syzygium australe Brush Cherry rear of dwelling 7 x 57 Syzygium australe Brush Cherry rear of dwelling 7 x 58 Syzygium australe Brush Cherry rear of dwelling 7 x 59 Hibiscus rosa-sinensis Rose of China rear of dwelling 3 x 3



The Construction Certificate plans must include reference to the removal of the abovementioned trees and identify the trees by Council’s reference number and colour orshade them in the colour red.

22. Driveways/car parking areas in the vicinity of trees

The driveway/car parking area must be constructed utilising materials/techniques designed toensure that the existing water infiltration and gaseous exchange to the trees root system ismaintained.

23. Street trees

The area beneath the canopy of any street tree adjacent to the frontage of the property,excluding vehicle crossings and footpaths, must be fenced using a minimum of 1.8 metreshigh chainlink or welded mesh fencing. The fencing must be maintained for the duration ofthe building works. Storage of materials or plant must not occur within the fenced area.


The grass verge must be reinstated to contain a uniform minimum of 75mm of friable growingmedium and have a total cover of Couch turf. Any alternative treatment must be carried outto the satisfaction of Council’s Development Engineer.

25. Preservation of protected trees

Trees required to be protected by Conditions of this Consent must be certified by a suitablyqualified arborist as being in a satisfactory condition at completion of the works.

26. Active landscape management contract

The developer must submit to Council prior to the issue of a Compliance Certificate a copy ofan Active Landscape Management contract for the maintenance of the Landscaping for aperiod of not less than 3 years after its installation, to ensure the continued preservation of thelandscape character of the area.

27. Sewer pipe connection

All existing underground sewer pipes affected by the works in this consent, must be replacedas far as Sydney Water’s sewer main. These pipes must be renewed in PVC and must bewelded or jointed in such a manner so as to prevent leakage and must not be located less thanfive (5) metres from the base of any Council street tree. The replacement work must beinspected by a registered plumber who must certify, by way of a compliance certificatesubmitted to Council, that this condition has been satisfied.

28. Stormwater Management Plan including On-Site Detention

Prior to the issue of the Construction Certificate, a Stormwater Management Plan for thedevelopment site must be submitted and approved by the Accredited Certifier. This Conditionis imposed to ensure site stormwater is disposed in a controlled and sustainable manner.



The Stormwater Management Plan must be in accordance with Council’s Draft StormwaterDevelopment Control Plan and Local Approval Policy (DCP-LAP), and generally inaccordance with the drainage plans and documentation prepared by Northern Beaches P/L(Ref Job No. 02120 Dwg S01, D01 to D02 dated Nov 2002). New drainage systems must bedesigned having regard to the need to prevent stormwater from entering buildings inaccordance with the Building Code of Australia (BCA).

Stormwater run-off from the proposed development must drain to Councils kerb in BundarraRoad.

An on-site stormwater detention (OSD) system must be provided. The minimum (On) SiteStorage Requirements (SSR) and the Peak Site Discharge (PSD) from the site must bedesigned according to the following storage/discharge relationships taken from Council’sDraft Stormwater Development Control Plan.

• In the 1 in 2 year ARI storm event PSD 16.5 L/sMin. SSR 2.8 m3

• In the 1 in 100 year ARI storm event PSD 23.9 L/sMin. SSR 19.3 m³

The Stormwater Management Plan must include the following specific requirements:

a. Layout plan


• All pipe layouts, dimensions, grades, lengths and material specification• Location of On-Site Detention unit• 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• Overland flow paths over impervious areas.

b. On-site Detention (OSD) details:

• 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 adjacentstructures.

• 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.



c. Copies of certificates of title, showing the creation of private easements to drain waterby gravity, if required.

d. Subsoil Drainage

• Subsoil drainage details, clean out points, discharge point.

29. On-Site Detention requirements

The on-site detention system must be designed having regard to the following requirements:

a. On-Site Detention (OSD) storage’s must, generally, be as close as possible to the lowestpoint of the site and be designed to collect all piped and surface stormwater run-offfrom the site. The location and design of the OSD storage must not have a detrimentalimpact on upstream or adjacent properties.

b. Storage’s must not be located in drainage easements and/or overland flow paths, whichconvey catchment flows through the site.

c. Where all of a site cannot be drained through the OSD storage, additional storage(attenuation) is required in accordance with the following table.

% of site bypassing OSD % increase in required storage0 05 2.510 515 7.520 10

The area bypassing the OSD system must not exceed 20 percent of the total site areaand the total outflow from the site (from the OSD tank and from any bypass areas) mustnot exceed the required Peak Site Discharge (PSD) specified. Areas not draining to theOSD system must be discharged to a Council approved drainage point

d. Where the development requires changes to the land titling to accommodate more thanone residential dwelling or commercial premise the following apply:

• For Sub-division, Dual Occupancy, Villa or Torrens Title, separate on-sitedetention storage must be provided for each dwelling

• For Strata development, storage shall generally be located in common areas.Council may consider the use of private spaces for storage (subject to satisfactoryoverland flow paths and freeboards) where difficult site conditions occur. In theseinstances, the below ground storage component for aboveground storage’s will beincreased to 50%.

e. Discharge restriction from OSD systems must be by the use of appropriately sized shortlength of reduced diameter pipe or non-removable orifice plate (Dyna-bolted with 2-partepoxy). Discharge control pits must be fitted with screens. Screens must be able to beeasily removed for routine maintenance. The screen must:

• Protect the outlet from blockage,



• Dissipate the kinetic energy of inflows creating static conditions around thedischarge restriction, which help to achieve predictable discharge coefficients, and

• Retain litter and debris, which would degrade downstream waterways

f. Above-ground Storage requirements

• The OSD system must be designed to be visually unobtrusive and sympatheticwith the development. Integration with the surrounding structure, hard stand andlandscaped areas is required.

• OSD design must provide for ease of inspection and regular minimummaintenance and be as tamper proof as possible.

• Building floor levels must be set above the top water level (TWL) of OSDstorage’s with 300 mm freeboard applied where the OSD storage is located nearbuildings. This requirement applies to both new and existing buildings.

• An absolute minimum requirement for 20% of the OSD storage requirement, in anaboveground storage design, must be incorporated as below-ground storage. Thisis to minimise the nuisance flooding of the aboveground areas in more frequentstormwater events. The Designer must also refer to the design requirements forbelow-ground storage’s.


• Pedestrian access paths must be maintained above the maximum 1 in 100 yearoperating level for the storage. In the interests of safety and amenity, pondedwater depths are not to exceed:

Situation Desirable Max Absolute MaxParking/driveway areas 0.15m 0.2Courtyards/grassed and landscaped areas 0.2m 0.3mCovered/fenced storage No limit

• If the aboveground storage occurs in a regularly trafficked area (ie car park), aweather-resistant sign must be placed warning residents that periodic inundationof the area may occur during heavy rain.

• The desirable minimum slope for aboveground storage’s shall be 1.0% for hardstand areas and 1.5% for landscaped areas.

g. Below-ground Storage

• Building floor levels must be set above the top water level (TWL) of OSDstorage’s with 150mm freeboard where the OSD storage is located near buildings.This requirement applies to both new and existing buildings.


h. Storage in Landscaped Areas

• Storage’s in landscaping areas will require an extra 25% volume to compensatefor vegetation growth and construction variation (design of the hydraulic controlsmust be based on the normal volume).



• Landscape design in the area of the surface storage must avoid the use ofmaterials susceptible to creating blockages. This would include floatablelandscaping materials (such as bark) and trees or planting’s that drop leaves.Adequate subsoil drainage must be provided in the aboveground storage to retainthe amenity of the area after a storage event.

i. Construction, Access and Maintenance

• Bondek must not be used in a composite slab design.• Internal supporting walls must be minimised to ease maintenance. Typically,

internal supports must only be considered for spans greater than 3m.• Tank needs to be checked for normal earth, surcharge, traffic and hydrostatic

loads. Where free draining soils do not exist around the tank, buoyancy must beconsidered.

• Excavation for the tank must be checked for impact on the zone of influence ofadjacent footings and structures.

• A depression within the OSD system is not to be used to provide a silt/sedimenttrap. Where required a proprietary silt/oil arrestor must be provided (treatment ofrunoff from vehicle parking areas)

• Access for cleaning (typically slushing) must be provided at the upstream anddownstream ends of the tank. Access must also be provided in the immediatevicinity of the discharge point. Generally, grated access points must be providedto enable venting. Where access points need to be sealed, alternative ventilationmeans (incl mechanical, if required,) must be provided.

• The on-site detention must have a minimum access opening size of 600mm x600mm for tank depths less than 1.5m and 900mm x 900mm opening size fordeeper tanks. The access point must be fitted with a hinged, lockable galvanisedgrate and be placed over the outlet. Step irons must be placed at the access pointto enable entry for maintenance and inspection. The designer must consider theprovisions of AS 2865-1986 ‘Safe working in a confined Space’ and other workcover requirements.

30. Positive Covenant - Drainage system

A Positive Covenant, pursuant to Section 88E of the Conveyancing Act, must be created onthe title of the subject property. The Covenant must provide for the indemnification ofCouncil from any claims or actions and the on-going maintenance of the on-site detention inthe development. This includes all ancillary gutters, pipes, drains, walls, kerbs, pits, pumps,grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater.

The wording of the Instrument must be in accordance with Council’s standard format and theInstrument must be registered at the Land Titles Office prior to the Final Building Inspectionand issuance of the Certificate of Occupation.







a. Certification that:


• That all drainage components, including the on site detention, are structurallyadequate and have been installed in accordance with the relevant Codes andStandards and/or specifications.

• That the on-site detention system will provide the detention storage volume andattenuation in accordance with the submitted calculations.

b. Work-As-Executed (WAE) plans showing:

• Pipe and drainage system layout, including all pits, pipe diameters, grades,materials, invert levels and surface levels.

• Details (exact point and method) of connection to Council system• OSD tank dimensions, location and orifice plate/outlet details.• Contours indicating the direction in which water will flow should the OSD storage

overflow.



33. Downpipes

Downpipes must not project or discharge from the property boundary onto the footway.

34. Fire safety

A schedule of all existing and proposed safety measures within the building must besubmitted to Council with or before the application for a Construction Certificate.










38. Display of Council’s warning sign for soil and water management

Throughout the demolition, excavation and construction period, Council’s warning sign forsoil and water management must be displayed on the most prominent point of the buildingsite, visible both from the street and site.

A copy of the sign is available from Council.

39. Stockpiles








The disposal of site water (includes groundwater, seepage, dewatering and stormwater trappedin excavations) must be in accordance with the requirements contained within Council’s“Stormwater “draft” Development Control Plan and Local Approvals Policy”. Disposal ofsite water to Council’s stormwater system is not permitted. The applicant is advised toliase with Sydney Water regarding a Trade Waste Agreement.



43. Site fencing

The site must be appropriately secured and fenced to the satisfaction of Council duringdemolition, excavation and construction work to ensure there are no unacceptable impacts onthe amenity of adjoining properties.

The location of the fence must permit vehicle access via the Right of Way to the adjacentproperties.

Permits for hoardings and or scaffolding on Council land must be obtained and clearlydisplayed on site.


A construction management plan must be submitted for the approval of Council’sDevelopment Engineer before the commencement of demolition, excavation or constructionworks. 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 construction zone, or

to erect structures such as hoardings, scaffolding or shoring, or to excavate.

The Plan must make provision for all materials, plant, etc. to be stored within thedevelopment site at all times during construction. Structures or works on Council propertysuch as hoardings, scaffolding, shoring or excavation need separate consent from Council.Standing of cranes and concrete pumps on Council property will need consent on eachoccasion.

Note: A minimum of eight weeks will be required for assessment. Work must not commenceuntil the Construction Management Plan is approved. Failure to comply with this conditionmay result in fines and proceedings to stop work.


All excavation, demolition and construction work and traffic movements must be carried outin accordance with the approved construction management plan. All controls in the Plan mustbe maintained at all times. A copy of the Plan must be kept on-site at all times and madeavailable to the PCA or Council on request.



46. Archival recording of buildings with little or no heritage significance that are to bedemolished:

Two copies of the heritage report are to be submitted prior to the issue of a Constructioncertificate.


The spas must comply with the following requirements:




















• Full reconstruction of a concrete driveway crossing and layback, 3.0 metres wide and inaccordance with Council’s Standard Drawing 14238. Levels in the footpath area mustmatch existing.

An “Application for permission to construct a vehicle and special crossing by privatecontractor” must be completed and submitted to Council’s Customer Service Centre prior tocommencement of construction of a new driveway. For any technical enquiries regardingalteration to existing footpath levels or alignments, please contact Council’s WorksSupervisor.

52. Works on Council land - Infrastructure works Bond

To ensure that works on Council property are carried out to Council’s requirements, thedeveloper must lodge a bond to the value of $2,200 (two thousand, two hundred dollars). TheBond may be in the form of a bank guarantee and must be lodged prior to the issue of aConstruction Certificate. The Bond will not be released until Council has inspected the siteand is satisfied that the works have been carried out to Council’s requirements. Council mayuse part or all of the Bond to complete the works to its satisfaction if the works do not meetCouncil’s requirements.

53. Road Opening Permit

Prior to the commencement of any excavation in Council controlled roadways or footpathareas, the developer must obtain a road opening permit from Council’s Customer ServicesCounter. Restoration of roads, footpaths, retaining walls, kerbs and gutters must be carriedout in accordance with the relevant clauses of the current edition of AUS-SPEC.


A security deposit of $16,600 (sixteen thousand, six hundred dollars) for the cost of makinggood any damage to Council property caused as a consequence of the construction work, plusan administration fee of $150.00, must be paid to Council prior to the issue of theConstruction Certificate. The security deposit, which may be in the form of a bank guarantee,has been calculated in accordance with the following schedule.







55. Footpath levels














Driveways and access ramps must be designed and constructed not to scrape the underside ofcars.

In all other respects the proposed basement car park, driveway and access ramps must bedesigned to comply with Australian Standard AS 2890.1 – “Off-Street car parking.”





a) Multiple occupancies (including the residential component of mixed use

developments):

For developments containing four dwellings or less a communal bin bay external to thebuilding is permitted subject to it being located within the property boundary withminimal impact on adjoining properties. For developments containing more than fourunits a Waste Storage Room is required.

The waste storage room/bin bay must be sufficiently sized so as to accommodate;

i) 100 litres of putrescible waste per residential dwelling stored in 240 and/or 120litre mobile garbage bins. Developments containing more than 4 dwellings mustnot use more than one 120 litre mobile garbage bin.

ii) 50 litres of recyclables per residential dwelling stored in colour coded, shared use,mobile garbage bins and/or 50 litre crates

iii) One 240 litre mobile garbage bin for garden organics, per 500 square metres oflandscaped area.

iv) For residential developments with four storeys and greater, a waste storagecupboard must be provided on each floor. In each cupboard, storage must beprovided for putrescible waste in mobile garbage bins and recyclables in colourcoded crates.

v) For residential developments with three storeys or less, residents may use thecentral waste storage area.

vi) Residents must not be required to wheel bins a distance greater than 75m from thewaste storage area to the collection point (usually the kerb) for collection. Fordevelopment applications assessed using SEPP 5 (State Environmental PlanningPolicy 5: Housing for Older People or People with a Disability) the maximumdistance is 50m.

62. Demolition and disposal of hazardous materials

Removal, cleaning and disposal of lead-based paint must conform to the current EPAguidelines. Demolition of materials incorporating lead is to be conducted in strict accordancewith sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the Australian Standard AS2601-1991, Demolitionof Structures.

Hazardous dust must not be allowed to escape from the site. The use of fine mesh dust proofscreens or other measures is recommended. Any existing accumulations of dust (eg. ceilingvoids and wall cavities) must be removed by the use of an industrial vacuum cleaner fittedwith a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created fromwork must be suppressed by a fine water spray. Water must not be allowed to enter the streetor stormwater systems. Demolition must not be performed during high winds, which maycause dust to spread beyond the site boundaries.



All contractors and employees directly involved in the removal of hazardous dusts andsubstances must wear protective equipment conforming to Australian Standard AS1716Respiratory Protective Devices and must adopt work practices in accordance with therequirements of WorkSafe’s Control of Inorganic Lead At Work (NOHSC:102(1994) andNOHSC:2015(1994)). All lead-contaminated materials must be disposed of in accordancewith the EPA’s requirements.

63. Noise from mechanical ventilation

The developer must submit to Council or the accredited certifier with or before the applicationfor a Construction Certificate, a report from a qualified practising acoustic engineer,certifying that the method of treating the mechanical ventilation system will ensure that thenoise level, as measured at the boundaries of the subject property, will not exceed the ambientnoise level.

64. Lighting

Any lighting on the site must be designed so as not to cause nuisance to other residences inthe area or to motorists on nearby roads and to ensure no adverse impact on the amenity of thesurrounding area by light overspill. All lighting must comply with the Australian StandardAS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.














and is given appropriate information and declarations under paragraphs (a) and (b)whenever arrangements for the doing of the work are changed in such a manner as torender out of date any information or declaration previously given under either ofthose paragraphs.

Note: The amount referred to in paragraph (a) (iv) above is prescribed by regulations underthe Home Building Act 1989. As at the date on which this Regulation was Gazetted,that amount was $5,000. As those regulations are amended from time to time, so thatamount may vary.



















(i) is likely to cause pedestrian or vehicular traffic on a public place to be obstructedor rendered inconvenient, or






Note: Prior to the erection of any hoarding, fence or the like on any footpath or other propertyowned or controlled by Council, permission must be sought and obtained from Council andthe prescribed rental fee paid.



(i) stating that unauthorised entry to the work site is prohibited; and(ii) showing the name of the person in charge of the work site and a telephone

number at which that person may be contacted outside working hours.



(i) building work carried out inside an existing building; or(ii) building work carried out on premises that must be occupied continuously (both


















Catherine OrfordThomas Riley Group Pty Ltd David BoothASSESSMENT OFFICER ACTING TEAM LEADER



ADVISINGS

1. Other approvals

This development consent does not remove the need to obtain any other statutory consent orapproval necessary under any other Act, including:

• an Application for Approval under Section 68 of the Local Government Act 1993 for anactivity under that Act, including the erection of a hoarding. All such applications mustcomply with the Building Code of Australia.

• an application for an Occupation Certificate under Section 109(C)(2) of theEnvironmental Planning and Assessment Act 1979.

• An application for an Occupation Certificate may be lodged with Council if theapplicant has nominated Council as the Principal Certifying Authority.

• an Application for a Subdivision Certificate under Section 109(C)(1)(d) of theEnvironmental Planning and Assessment Act 1979 if land (including stratum)subdivision of the development site is proposed;

• an Application for Strata Title Subdivision under the Strata Schemes (FreeholdDevelopment) Act 1973, if strata title subdivision of the development is proposed.

2. Works and requirements of other authorities

• Sydney Water may require the construction of additional works and/or the payment ofadditional fees. Other Sydney Water approvals may also be necessary prior to thecommencement of construction work. You should therefore confer with Sydney Waterconcerning all plumbing works, including connections to mains, installation oralteration of systems, and construction over or near existing water and sewerageservices.

Contact Sydney Water, Rockdale (Urban Development Section) regarding the water andsewerage services to this development.

• Australia Post has requirements for the positioning and dimensions of mail boxes innew commercial and residential developments. A brochure is available from yournearest Australia Post Office.

• AGL Sydney Limited has requirements for the provision of gas connections.• Sydney Electricity has a requirement for the approval of any encroachments including

awnings, signs etc, over a public roadway or footway. The Engineer Mains OverheadEastern Area should be contacted on 9663 9408 to ascertain what action, if any, isnecessary.

• Telstra has requirements concerning access to services that it provides.

3. Application for a Construction Certificate

The required Application for a Construction Certificate may be lodged with Council.Alternatively, you may apply to an accredited private certifier for a Construction Certificate.



WARNING: Failure to obtain a Construction Certificate prior to the commencementof any building work is a serious breach of Section 81A(2) of the EnvironmentalPlanning & Assessment Act 1979. It is also a criminal offence which attractssubstantial penalties and may also result in action in the Land and EnvironmentCourt and orders for demolition.

4. Occupational health and safety

All site works must comply with the occupational health and safety requirements of the NSWWorkCover Authority.

5. Relocation of stormwater drainage

Council is not responsible for the cost of relocating Council’s stormwater drainage pipesthrough the subject property.

6. Hazardous Material Management

"Builders are advised to obtain a copy of the EPA publication Solutions to Pollution forBuilders which provides environmental information including hazardous materialmanagement. The EPA can be contacted by phone on 131 555 or at www.epa.nsw.gov.au "

7. Hazardous waste removal (including asbestos)

Hazardous or intractable wastes arising from the demolition process must be removed anddisposed of in accordance with the requirements of WorkCover and the EPA, and inaccordance with the provisions of:

• New South Wales Occupational Health and Safety Act, 1983;• New South Wales Construction Safety Act, 1912; Regulation 84A-J Construction Work

Involving Asbestos or Asbestos Cement 1983;• The Occupational Health and Safety (Hazardous Substances) Regulation 1996;• The Occupational Health and Safety (Asbestos Removal Work) Regulation 1996; and• The Waste Minimisation and Management Act and Regulations.

8. Air conditioning Systems in Residential Premises

Clause 52 of the Protection of the Environment Operations (Noise Control) Regulation 2000provides that a person must not cause or permit an air conditioner to be used on residentialpremises in such a manner that it emits noise that can be heard within a habitable room in anyother residential premises (regardless of whether any door or window to that room is open):

a. before 8am or after 10pm on any Saturday, Sunday or public holiday, orb. before 7am or after 10pm on any other day.

9. Model

If you submitted a model with the application it must be collected from the Council officeswithin fourteen (14) days of the date of this determination. Models not collected will bedisposed of by Council.



10. Compliance with the Disability Discrimination Act

This decision does not ensure compliance with the Disability Discrimination Act. You shouldtherefore investigate your liability under that Act. Australian Standard 1428 - Design forAccess and Mobility, Parts 2, 3 and 4 may assist in determining compliance with theDisability Discrimination Act.

11. Modifications to the consent

Changes to the external configuration of the building, changes to the site layout or anychanges to the proposed operation or use will require the submission and approval of anapplication under Section 96 of the Environmental Planning & Assessment Act 1979 beforethe issue of a Construction Certificate.

12. Tree preservation

Where tree work has not been approved by this Development Consent the developer isnotified that a general Tree Preservation Order applies to all trees in the Municipality ofWoollahra with a spread of branches greater than three (3) metres and also on all trees,irrespective of the spread of branches, with a height greater than five (5) metres. This orderprohibits the ringbarking, cutting down, topping, lopping, pruning, transplanting, injuring, orwillful destruction of such trees except with the prior written consent of the council. Writtenconsent from Council for such tree works must be in the form of a Tree Preservation OrderPermit for Pruning or Removal of Protected Trees obtained from the Parks and StreetscapeSection of Council.

13. Storage bins on footpath and roadway

Approval is required from Council prior to the placement of any storage bin on Council'sfootpath and/or roadway.

14. Home Building Act insurance

Home Building Act Insurance must be obtained from an insurance company approved by theDepartment of Fair Trading prior to the commencement of demolition or construction work.

15. Building Code of Australia classification

The classification of the building pursuant to the Building Code of Australia is Class 2 andClass 7.

16. Long Service Levy

The current rate of the levy required by this consent is 0.2% of the cost all building andconstruction work costing $25,000 or more.



17. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate tocontact David Booth. 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 appealsthrough a Section 34 Conference, instead of a full Court hearing. This approach is lessadversarial, it achieves a quicker decision than would be the case through a full Court hearingand it can give rise to considerable cost and time savings for all parties involved. The use ofthe Section 34 Conference approach requires the appellant to agree, in writing, to the Courtappointed assessor having the full authority to completely determine the matter at theconference.

ANNEXURES

1. Plans and elevations




ITEM No. D4

FILE No. DA 0207/2003

ADDRESS: 2 Bayview Hill Road, Rose Bay

PROPOSAL: The demolition of the existing dwelling-house and garage and theconstruction of a new dwelling-house and swimming-pool.

TYPE OF CONSENT: Integrated Development

APPLICANT: Machon Paull Consultancy Pty Ltd

OWNER: Matthew Sample


AUTHOR: Thomas Riley Group Pty Ltd

LOCALITY PLAN

SubjectSite

Objectors

North

LocalityPlan



1. SUMMARY

Reason for report

The matter is referred to the Development Control Committee for determination as the proposalinvolves a waterfront property.

Issues

• Absence of landowner’s consent for extension to seawall• Structures beyond 12m foreshore building line• Floor space ratio• Boundary setbacks• Excavation setbacks

Objections

One.

Cost of works

The stated cost of the proposed work of $2 million has been checked using the standard criteriaspecified in the Cordell Building Guide and is considered to be accurate.

Recommendation

The application is recommended for approval because it:

1. is permissible under the zoning2. complies with the objectives of the relevant planning standards contained in WLEP

1995 and RDCP 1999;3. is an appropriate design for the site; and4. will not have adverse effects on the amenity of adjoining properties and the public

domain such that refusal is justified.


The proposal involves the following:

• Demolition of the existing dwelling-house and garage.• Construction of a new three level dwelling house, of which 1 level is below existing ground

level and 2 levels are above existing ground level. The upper level is to contain 4 bedrooms andancillary space, the middle (ground level) will contain kitchen, dining and living areas, and thelower level (lower ground level), which is predominantly below existing ground level, willcontain a pool room, bar area, gym, wine cellar and storage space.

• Excavation of the site to provide for the lower ground level• Construction of a swimming pool at the lowest level, extending westwards beyond the 12m

foreshore building line.• Provision of a 3 car garage (at Ground Level) with a turntable to enable forward entry and exit,

accessed by the battleaxe handle.



• Landscaping and site works including a paved courtyard and landscaping at ground floor leveladjacent to the northern boundary, lawn terrace, timber decks and planting at the lowest leveladjacent to the mean high water mark. Terraced planters are proposed along the southernboundary of the site. Insufficient detail has been provided with regard to the timber decksadjacent to the foreshore. Accordingly, it is recommended that they be deleted (see ConditionNo. 1).

• Raising of the existing sea wall to ensure the lawn terrace is above mean high water mark. Thisaspect of the proposal involves work beyond the mean high water mark. In the absence oflandowner’s consent (Waterways), this aspect of the proposal cannot be granted developmentconsent (see Condition No. 1).


The site is located on the southern side of Bayview Hill Road, Rose Bay. The site has an area of864.65 m2 and obtains access to Bayview Hill Road by way of a 3m (approx) wide driveway, withthe battle-axe handle being approximately 20m long.

The site is currently occupied by a one and two storey brick dwelling house of approximately224m2 gross floor area, set back between 10m and 14m from the Sydney Harbour foreshore whichforms the western site boundary. A free standing brick double garage is located in the south-easterncorner of the site. The site and its adjoining neighbours enjoy extensive views to the west and north-west towards the Sydney Harbour Bridge, city and North Sydney

There is a level difference of approximately 14m between Bayview Hill Road and the lowest pointof the site. The setback area between the existing dwelling and the waterfront has a level differenceof approximately 8m between the building platform and the land below. This area is currentlyovergrown.

There are two significant brush box trees on the site which are located on the northern boundary.Both trees are to be retained.

Adjoining properties are all three storey dwellings of differing age and architectural styles, featuringboth pitched and flat roofs and a employing a variety of materials including render and face brick.Dwellings within the locality feature large balcony and deck areas oriented west to maximiseavailable harbour views.

4. PROPERTY HISTORY

No relevant recent history.

5. REFERRALS


The application involves excavation within 40m of the Mean High Water Mark of Sydney Harbourand, accordingly, was referred to Waterways on 3 April 2003.

On 14 May 2003, Waterways advised that a Part 3A Permit under the Rivers and ForeshoresImprovement Act 1948 would be issued, subject to general terms and conditions issued byWaterways, in the event that development consent is issued. Condition 2 incorporates theWaterways requirements.



5.2 Building

Not required, construction certificate details are required to comply with the BCA (see ConditionNo. 58).

5.3 Health

Not required.

5.4 Heritage

Satisfactory subject to Condition No 34 requiring the provision of an archival recording of theexisting building.

5.5 Urban Design

No comment required.


Satisfactory subject to Condition Nos 21 to 24.


Satisfactory subject to Condition Nos 13 to 20.


Satisfactory.




6.1 SEPPs

SEPP No. 55 – Remediation of Land

Clause 7(1)(A) of this instrument requires Council to consider whether land is contaminated.

In this regard, Council’s records indicate a history of residential use dating back to 1946.Additionally, Council’s investigation into possible contaminated sites within the municipality hasnot identified the subject or adjoining sites as potentially affected. Accordingly, there is consideredto be no contamination issue.



SEPP No. 56 – Sydney Harbour Foreshores and Tributaries

The site has a western frontage to Sydney Harbour, and accordingly, the matters for considerationlisted under Clause 7 of this instrument apply. The relevant matters for consideration involve theassessment of any impact upon the harbour, foreshore area, marine ecology, heritage items or otherland uses.

In this regard, the following comments are made:

• The proposed new dwelling is of comparable height to the existing dwelling and adjoiningdwellings and incorporates a flat roof structure replacing the existing pitched roof. Whenviewed within the context of neighbouring dwellings, the visual impact of the site will notsignificantly change.

• The adoption of a contemporary style of architecture is appropriate within the context ofneighbouring dwellings also visible from the harbour.

• There are no heritage items within the immediate vicinity of the subject site.

The proposal is therefore considered satisfactory when assessed against the guiding principles inClause 7 of SEPP 56.

6.2 REPs

SREP 23 – Sydney and Middle Harbours

The provisions of Clause 18 and the objectives under Clause 2 of this instrument require Council toconsider the visual impact that a development proposal may have upon Sydney Harbour.

As described above in Section 6.1, the proposal is considered satisfactory in regard to its visualimpact on the harbour.


S94 Contribution does not apply to this proposal as there is no net increase in the number ofdwellings.


There is no other legislation applicable.


7.1 Zoning

Residential 2(a)


The proposal is permissible and is consistent with the aims and objectives of the LEP and therelevant objectives of the zone.





Site Area (864.65 m²) 864.65 864.65 675 YES

Overall Height (metres) 9.9 9.2 9.5 YES

FSBL (metres) 9.5 (approx) 10.2(swimming pool)

12 NO(SEPP 1)

7.4 Height

The general height of the proposed building above existing ground level is in the order of 7.1m, butdue to the sharp fall of the land, the building is a maximum of approximately 9.2m above existingground level in the north-western corner. The overall height of the building is generally below thatof the existing dwelling, and is slightly lower than the adjoining dwelling to the south.

7.5 Foreshore Building Line

The proposed swimming pool extends beyond the 12m foreshore building line. Subject to anassessment of the aesthetic appearance of the structure, Clause 22(4) of WLEP allows considerationof the erection of certain structures between the foreshore building line and waters of Port Jackson,including baths (swimming pools) and ancillary buildings.

The applicant has submitted a SEPP 1 objection to the foreshore building line standard.

The applicant’s arguments are as follows:

• To the extent that there is a non-compliance, it is minor in extent.• The site features a distinct break in slope which effectively defines the foreshore area and

the building zone above. The proposed pool represents a modest extension to the upperbuilding zone, which has no material effect on the rock face or vegetated area below. Thewestern elevation of the structure is proposed to be faced with sandstone to match theexisting retaining wall constructed from recycled sandstone.

• The non-compliance does not result in any adverse effect on any other land.• The proposal is comparable with existing pools in the locality.• The pool will not be visually prominent when viewed from the water particularly with the

proposed landscaping. To the extent, the non-compliance does not give rise to anysignificant adverse visual effects.

• The overall relationship of solid buildings to the water is not affected.• The proposal is not inconsistent with any of the objectives of the standard.

Based on these circumstances, the applicant is of the opinion that strict adherence to the foreshorebuilding line standard is unreasonable and unnecessary.

In applying the principles set out in the Hooker case, the proposed SEPP 1 objection has beenconsidered by reference to the following tests:

1. Is the planning control in question a development standard?2. What is the underlying purpose of the standard?



3. Is compliance with the development standard consistent with the aims of the Policy, and inparticular, does the development standard tend to hinder the attainment of the objectsspecified in s.5(a)(i) and (ii) of the EPA Act?

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of thecase?

5. Is the objection well founded?

1. Is the planning control in question a development standard?

The planning control in question is the foreshore building line standard set by Clause 22 of theWoollahra LEP. As such any variation of this standard requires a SEPP 1 objection, as has beenprepared in this case.

2. What is the underlying purpose of the standard?

Clause 22AA sets out the objectives of the foreshore building line standard as follows:

a) To retain Sydney Harbour’s natural shorelines,b) To provide larger foreshore setbacks at the points and heads of bays in recognition of their

visual prominence,c) To protect significant areas of vegetation and, where appropriate, provide areas for future

planting which will not detrimentally impact on views of the harbour and its foreshores,d) To protect the amenity of adjoining lands in relation to reasonable access to views and sunlight,e) To preserve the rights of property owners to maintain an encroachment on the foreshore

building line by an existing building,f) To protect rock platforms and the intertidal ecology.

3. Is compliance with the development standard consistent with the aims of the Policy, andin particular, does the development standard tend to hinder the attainment of the objectsspecified in s.5(a)(i) and (ii) of the EPA Act?

Having regard to the objectives, it is considered that:• In accordance with Clause 22(4), swimming pools are a type of structure that Council may be

considered beyond the foreshore building line;• The proposed pool will not result in any alteration to the natural shoreline;• The location of the proposed pool will not result in the removal of any significant vegetation,

nor will it restrict the establishment of significant vegetation between the proposed dwelling andthe harbour foreshore;

• the portion of the pool structure that is visible from the harbour is to be faced in sandstone sothat it blends with the existing stone and will be screened by substantial landscaping,

• a number of neighbouring properties (including the adjoining property to the south) haveswimming pools adjacent to their water frontage,

• the proposed pool structure will have no adverse impact on neighbours by way of view loss,overshadowing or visual impact,

• the proposed pool will have no impact on views of Sydney Harbour when viewed from public orprivate land, nor will it impact on any natural, scenic or cultural attributes of the foreshore.



4. Is compliance with the standard unreasonable or unnecessary in the circumstances of thecase?

The proposal achieves consistency with the objectives of Council's foreshore building line standardand therefore the SEPP No 1 objection to the standard is supported. It is recommended that Councilresolve to vary the standard in this instance as compliance is considered to be unreasonable andunnecessary.

5. Is the objection well founded?

In the circumstances of the case, the proposed swimming pool proposed within the foreshorebuilding line is considered satisfactory, and strict compliance with the foreshore building line isconsidered unreasonable and unnecessary and the objection is considered to be well founded. Theproposal also meets the objectives of the foreshore building line standard contained in Clause 22AAof the LEP. As such, it is considered that granting development consent would be consistent withthe aims and objectives set out in Clause 3 of SEPP No. 1.


Clause 18 Excavation:

The proposed dwelling and swimming pool involves substantial excavation of approximately 5 to 6metres below existing ground level to accommodate the lower ground level and swimming poolstructure and excavation of up to 1m required for the garage and driveway construction.

A geotechnical report prepared by Douglas Partners, dated February 2003, submitted with theapplication considers the extent of excavation and incorporates a number of recommendations to beadopted in the construction of the dwelling. These include the preparation of dilapidation reports forthe three adjacent dwellings, along with the implementation and certification of appropriatemonitoring programs. The report and its recommendations have been reviewed by Council’sDevelopment Engineer, Daniel Pearse, and is considered satisfactory in terms of geotechnical andhydrogeological issues, subject to Conditions 52 to 56.

Subject to the above requirements and the implementation of appropriate professional and safetystandards in undertaking the proposed excavation (see Condition No. 60), the proposed excavationis acceptable in terms of Clause 18.

Development in the Harbour Foreshore Scenic Protection Area

Clause 19(2) of WLEP 95 requires Council to take into account the visual impact of the proposalupon Sydney Harbour. The proposal is considered to be satisfactory in this regard.

Water, wastewater and stormwater

The proposal is acceptable in terms of Clause 25(1) and (2), subject to Conditions 21-24 asrecommended by Council’s Development Engineer and Advising 2 relating to water and sewerageservices.




Draft Amendment No. 45 to Woollahra LEP 1995 involves the introduction of objectives relating tothe provision of adequate disabled access. The proposal is considered to be satisfactory in thisregard.




Floor Space Ratio (213.5 m²

approx)

0.77:1(609.94m²)

0.55:1(435.38m²) NO

Building Footprint 20% approx 32.6%(282.22m²)

36%(311.3m²)

YES

Building Boundary Setbacks (m):Rear (west)Side (east)Side (south)Side (north)

8.2-10.60.2-9.80– 1.54.5-9.5

10.4-16.00-7.8

0– 4.210-5.5

8.91.5-2.31.5– 3.51.5-4.6

YESNO (partial)NO (partial)NO (partial)

Excavation Piling & SubsurfaceWall Setback NA <1.5m 1.5m from all

Boundaries NO

Minimum Floor to Ceiling Height– Habitable Rooms

NA 2.7m 2.7m YES

Proportion of Un-Built Upon Areaat Ground Floor to be Soft andPorous Landscaping (DwellingHouses)

approx.300m² (259.4 m²) (184.4 m²) YES

>35 >35Area – 35m²Dimension –

3mYES

>16 >16

PrincipalArea – 16m²Dimension –

4m

YES

Private Open Space Per Dwelling –At Ground Level

<1 in 10 <1 in 10Maximum

Gradient 1 in10

YES

Setback from Significant MatureTrees 8m approx 4m 3m YES

Solar Access to Ground LevelOpenSpace of Adjacent Properties

>50% >50%50%

Dimension –2.5m

YES

Solar Access to North-FacingLiving Areas of Development

>3 hours >3 hours 3 Hours inMid-winter

YES

Solar Access to North-FacingLiving Areas of AdjacentProperties

<3 hours <3 hours3 Hours inMid-winter Existing non-

compliance




Energy Efficiency Rating NA Not provided 3.5 Stars Conditioned

Setback of Bedroom Windowsfrom Streets, Driveways andParking Areas

>3m >3m 3m YES

Car Parking 2 3 2 YES

Location of Car Parking StructuresGarage notvisible from

street

Garage notvisible from

street

Behind FrontBuilding

Line, Exceptas Providedfor in 5.10.3

(p11)

YES

Access Driveway Grades 15% max 15% max 15% Overall YES

12%Transitional

12%Transitional

YES

Access Driveway Width 4m 4m 3.5-6.0m YES

Height Above Ground Level ofPools on or Adjacent to Foreshore NA 3m approx 300mm NO

Site analysis performance criteria

Part 3 of Council’s RDCP 1999 requires adequate site analysis documentation for developmentapplications. Appropriate information as been provided and the application is considered acceptablein this regard. The proposal responds to the surrounding neighbourhood character when viewedfrom the harbour, and will have no adverse impact on the existing streetscape of Bayview HillRoad, as it will not be visible due to the orientation and configuration of the allotment.

Precinct future character objectives

The objectives of the Rose Bay precinct relate to maintaining landscape character, amenity, publicharbour views and ensuring building height, form, setbacks, roof shapes and finishes reflect thecontext of the street.

The proposed dwelling will not be highly visible from the street, but is consistent with the characterof neighbouring buildings when viewed from the Harbour. No public views will be affected and thelandscape character of the site will be enhanced by the extensive landscaping and tree retentionproposed. The proposal meets the objectives of the precinct controls.

Precinct performance design objectives & criteria

The proposal complies with the relevant objectives and criteria. Development is required topreserve and enhance important character elements of natural setting, public domain and builtenvironment and the proposal is considered appropriate in this regard.


Due to the hatchet shaped allotment, the proposed dwelling will not have any adverse visual impacton the streetscape.




The proposal involves non-compliances with the maximum floor space ratio and minimum setbackcontrols. The objectives of Council’s Building Size and Location Performance Criteria aim toprovide for adequate deep soil landscaping, the maintenance of the amenity of adjoining propertiesin terms of views, privacy and solar access and to ensure that the building is not excessive in scale.

The extent and significance of the non-compliances are addressed below:

Floor Space Ratio

The proposal involves a floor space ratio of 0.77:1; approximately 175m² in excess of Council’smaximum of 0.55:1.

Although the proposal exceeds the permissible floor space ratio, the application is consideredacceptable in this case and meets the objectives of the floor space ratio control, for the followingreasons:

• A substantial amount of the additional floor space over and above the permissible area is locatedat lower ground level below the existing ground line in the form of additional indoor recreationspace, pool plant and storage. This level will not be visible from or have any adverse impactupon adjoining dwellings or the streetscape;

• The proposal will not result in the loss or removal of any significant trees on the site, retains twomature brush box trees, and provides substantial additional planting;

• The proposal maintains solar access to adjoining properties in accordance with the RDCPrequirements;

• The proposal will not have any adverse or unreasonable impact on views from the publicdomain or neighbouring properties;

• The building maintains adequate separation to adjoining buildings thereby maintaining alandscaped setting and view corridors; and

• The scale and bulk of the building is consistent with neighbouring buildings and will not bevisually out of context with the locality, particularly when viewed from the harbour.

No objection is therefore raised to this area of non-compliance.

Building Setbacks

Non-compliances with the side boundary setback controls relate to the drying court and plant roomwithin the south-eastern corner of the site adjacent to the proposed laundry and garage and thelandscaped terracing along the southern boundary. The proposed garage with roof terrace andpergola above is proposed to be constructed to the eastern boundary alignment. A portion of theproposed barbecue and pergola adjacent to the northern boundary represent a slight encroachmenton the setback requirement and stairs leading from the courtyard down to the proposed pool areproposed to be constructed to northern boundary alignment.

The non-compliance in relation to the structures adjacent to the northern boundary are consideredacceptable as the encroaching structures are minor in scale and will have no impact on the adjoiningproperty in terms of visual appearance, view loss or overshadowing. A substantial setback areaalong the northern boundary is maintained in order to retain two existing brush box trees andadditional screen landscaping.



The setback non-compliance in relation to the proposed terraced landscaped area along the southernboundary is considered reasonable as the landscaping provides screening, privacy and amenity tothe adjoining property, and provides an area of landscaping between the two buildings that will bevisible from the harbour. Views will be unaffected and solar access to the southern property ismaintained in accordance with the RDCP controls.

The eastern elevation of the garage, roof terrace and associated eastern privacy screen is proposedto be located on the alignment of the eastern boundary. In this instance the proposed setback isconsidered acceptable, as the allotment is slightly unusual in its configuration, being of a hatchetshape with a 4m wide driveway providing access to the street. The proposed garage is in a logicallocation in relation to the driveway, similar to the existing garage location. The floor level of thegarage is significantly lower than the ground level of the property immediately adjoining to the eastat No. 26 Tivoli Avenue, and is separated from that property by the driveway access handleservicing No. 2A Bayview Hill Road. As such, the garage and roof terrace will have no impact onthe eastern adjoining dwelling in terms of visual appearance, view loss or overshadowing. Theprivacy screen to the eastern edge of the roof terrace will prevent overlooking towards the east.

Council’s setback controls also require that any areas of excavation be set back a minimum distanceof 1.5 metres from any boundary. In this regard, the proposed garage to be located along the easternboundary alignment (requiring approximately 1.4m depth of excavation) represents a non-compliance with the control. The proposed drying court and plant room within the south-easterncorner of the site also require excavation within 1.5m of the side boundaries.

Visually and structurally, the areas of excavation are considered acceptable as the drying court,plant room and the southern and eastern edge of the garage are located adjacent to the paveddriveway and access handle of the adjoining dwelling at No. 2A Bayview Hill Road. As previouslydiscussed, the geotechnical report submitted with the application recommended the preparation ofdilapidation reports for the three adjacent dwellings, along with the implementation andcertification of appropriate monitoring programs. Subject to Conditions 52 to 56, the areas ofexcavation extending to the side boundaries are considered acceptable.




New retaining walls are proposed along the northern and southern boundaries of the site toaccommodate proposed landscaping and site works. The proposed retaining walls are consideredappropriate in the context of the site conditions and topography and will not have any detrimentalimpact on adjoining neighbours or the visual amenity of the site. The proposal is thereforeconsidered acceptable in this regard.


Significant westerly views of the harbour and city are available from adjoining dwellings at 2A and6 Bayview Hill Road, and 24 and 26 Tivoli Avenue. Nos 24 and 26 Tivoli Avenue are significantlyhigher than the subject site. It is clear from the photomontage provided with the application thatviews over the subject site will be substantially retained, as the highest point of the proposeddwelling is similar to that of the existing dwelling. There may be some minor view loss directlydown towards the water but this is not considered significant.



An objection submitted by the Woollahra History and Heritage Society raises the concern that theproposal may have some impact on views from Forsyth Reserve at the corner of Bayview Hill Roadand New South Head Road. Views from the reserve are available down the hill towards theforeshore. It is not considered that the proposed dwelling will have any impact on these views, asthe proposed dwelling does not protrude any further towards the harbour than the existing andadjoining dwellings.

The proposal is acceptable in relation to Part 5.5 of RDCP 1999.

Energy efficiency performance criteria

The subject development application does not include details in relation to energy efficiencyratings. Condition No 37 addresses this issue.

Neighbouring properties generally have their main living areas and windows oriented to the west totake advantage of harbour views. The proposal will not impact on direct sunlight to these areas.

However, the north-facing ground floor windows of habitable rooms of the adjoining property tothe south (No. 2A Bayview Hill Road) will be overshadowed by the proposed dwelling, but not toany extent greater than that caused by the existing dwelling. The proposal is therefore consideredacceptable, as reasonable solar access to the principle outdoor living areas is maintained.

Stormwater management performance criteria

Subject to the imposition of Condition Nos. 21 - 24, the proposal is satisfactory with regard to theprovisions of Part 5.7 of Council’s RDCP 1999.


Part 5.8 of Council’s RDCP 1999 requires the maintenance of the privacy of adjoining properties.

In this regard, the proposal incorporates windows in appropriate locations that are offset from thewindows of adjoining properties. Windows to the southern and northern elevations are minimised.Timber privacy screens are provided to the roof terraces at first floor level on the southern andeastern elevations to prevent overlooking of the adjacent properties. Landscaping at ground leveland planters to roof terrace areas provide additional screening. The proposal is therefore consideredacceptable with regard to Part 5.8 of Council's RDCP 1999.

Access and mobility performance criteria

The proposal is considered to be acceptable with regard to Part 5.9 of Council's RDCP 1999.


A turntable is provided to enable cars to exit the site in a forward direction. Adequate parking andaccess is provided in accordance with the provisions of Part 5.10 of Council's RDCP 1999.


The proposal is considered acceptable in relation to Part 5.11 of RDCP 1999, in that adequateprovision has been made for a mail box, garbage collection, storage, clothes drying and laundryfacilities.



Harbour foreshore development performance criteria

The provisions of Part 5.12 of Council’s RDCP 1999 require the protection of the scenic quality ofthe locality as viewed from the harbour.

The form, siting and scale of the proposed development is consistent with neighbouring propertiesand is considered to be satisfactory in this regard.

Performance Criteria No. 5 stipulates that swimming pools are not to be elevated more than 300mmabove ground level and are to complement the character of the harbour and foreshore. The proposedpool is located so that it forms an extension of the lower ground floor level of the dwelling, and iselevated 3.0m above ground level. Currently, a 6.0m high sandstone block wall and rock outcropexists in close proximity to the proposed pool. The adjoining dwelling to the south at 2A BayviewHill Road has a similar swimming pool structure with an extensive paved deck area in a similarlocation and at a similar level to the proposed pool, which is not visible from the harbour as it isscreened by substantial mature vegetation. The western wall of the proposed pool structure is to befaced in sandstone and will be concealed by substantial planting within the area adjacent to theforeshore.

The proposed pool is considered acceptable in this instance, as its location and form is consistentwith similar existing development in the locality and the structure will be substantially screened bylandscaping. Appropriate exterior materials are proposed that will blend with existing rock outcropsand built form, and the visual bulk of the structure will not be apparent from the harbour. Theadjoining southern property demonstrates that a structure such as that proposed can be successfullyintegrated and screened, therefore preserving the scenic quality of the harbour. Accordingly, noobjection is raised in relation to this area of non-compliance.

Construction and site management performance criteria

Part 5.14 of Council’s RDCP 1999 requires adequate construction, soil and water management.Condition Nos. 26 to 33 and 39 to 41 address these issues.


The proposal complies with all of the relevant controls and objectives of this policy.


DCP for SREP No. 23

The proposal is considered to be satisfactory in relation to the matters for consideration stipulated inthis policy in relation to the design and siting of development guidelines.

Siting of Swimming Pools Code

The policy requires swimming pools to be generally sited in rear yard areas and to ensure thatswimming pool structures maintain the amenity of the local environment. As discussed previously,the location and form of the proposed pool is consistent with others within the locality and isconsidered satisfactory in terms of maintaining the amenity of the local environment (subject toCondition No. 35).




Clause 92 of the EPA Regulation 2000 requires us to consider Australian Standard AS 2601-1991:The demolition of structures. Compliance with this requirement is addressed by Condition 38.


All likely impacts of the proposal have been assessed elsewhere in this report with the exception ofa detailed analysis of potential overshadowing impact. Shadow diagrams submitted by the applicantindicate that the extent of overshadowing will be similar to that of the existing dwelling. The onlyproperty affected is the adjoining southern property at 2A Bayview Hill Road. Vertical shadowdiagrams of the northern elevation of the adjoining dwelling indicate that the overshadowing will bealmost identical to the existing situation. At 12 noon on 21 June, overshadowing of the courtyardadjacent to the pool of No. 2A will improve. At 3pm, there will be a minor increase inovershadowing along the northern boundary of the site, but the dwelling and private open spaceareas will not experience any additional overshadowing. Solar access is maintained to surroundingproperties in accordance with the provisions of WRDCP 1999. The proposal is therefore consideredacceptable in this regard.


Excavation associated with the development is considered satisfactory with regard tohydrogeological and geotechnical matters, subject to Condition Nos. 52 and 56, and in all respectsthe site is considered suitable for the proposed development.

13. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising andNotifications DCP. In response, 1 objection was received from the following:

Woollahra History and Heritage Society Inc.


• View loss from Forsyth Reserve

This concern has been addressed previously in Section 9.1 – Views Performance Criteria.


The proposal has been assessed under the provisions of Section 79C of the Environmental Planningand Assessment Act 1979 and is considered to be satisfactory.


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 207/2003 for the demolition of an existing dwelling-house and garage and theerection of a dwelling-house and swimming pool on land at 2 Bayview Hill Road Rose Bay, subjectto the following conditions:



1. Approved Plans

The development must be carried out in accordance with plans numbered DA-01A to DA-4Ainclusive, dated 3 March 2003, drawn by Machon Paull Consultancy Pty Ltd, includinglandscape plan numbered DA –L01, dated 26 February 2003 drawn by Joanne GreenLandscape Design P/L, all of which carry a Council stamp “Approved DA Plans” and thesignature of a Council officer, except where amended by the following conditions. Theapproval does not include works to the seawall due to the absence of landowner’s consent.The approval does not include the timber decks to the western section of the site, shown onthe landscape plan, due to insufficient detail to enable adequate assessment.

2. Part 3A Permit/Section 13TA Approval

In order to comply with the provisions of the Rivers and Foreshores Improvement Act 1948,in accordance with the advice of the Waterways Authority, dated 14 May 2003, the applicantis to submit an application to the Waterways Authority for a Part 3A Permit prior to thecommencement of any work. Further, the applicant is to gain the approval of the WaterwaysAuthority under the provisions of Section 13TA of the Maritime Services Act 1935, prior tothe excavation or removal of any soil, sand or other material or the removal of any section ofthe retaining wall from land within a distance of 10 metres of the high water mark.







4. Materials

Details of the colour, texture and substance of all external materials must be submitted toCouncil or the accredited certifier prior to the issue of a Construction Certificate and are to beto the satisfaction of an authorised Council assessment officer or the accredited certifier.














10. Levels








A Compliance Certificate must be issued prior to the final inspection, certifying that thedevelopment has been built and completed in accordance with the development consent andthat all the conditions of development consent have been satisfied.





Tree PreservationBond required


Northern sideboundary

12 x 7m $1000.00


Northern sideboundary

10 x 8m $1000.00

10 Glochidion ferdinandiiCheese Tree

Water front area 7 x 6m $1000.00

11 Pittosporum undaulatumNative Daphne

Water front area 9 x 6m $1000.00

$4000.00

The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number and colour orshade them in the colour green for trees to be retained and yellow for trees to betransplanted.






The following replacement tree species must be planted to ensure the preservation of thelandscape character of the area. Details in compliance with the following criteria specifyingthe species and planting locations of the replacement plants must be included on theLandscape Plan for approval by Council or the accredited certifier with or before theapplication for a Construction Certificate.

Species/Type Planting Location Container Sizeor Size of Tree

Minimum Dimensionsat Maturity

2 x Native tree species Western side of driveway 75 litre bags 8 x 5m2 x Native tree species Water front area 100 litre bags 10 x 5m3 x suitable trees Water front area 75 litre bags 6 x 4m6 x suitable native trees Water front area 75 litre bags 8 x 4m





3 Citharexylum spinosum Fiddle Wood Tree Northern boundary 10 x 6m4 Lophostemon confertus

Brush BoxWestern side ofdriveway

8 x 6m

5 Nerium Oleander Oleander Northern boundary 5 x 3m6 Olea europea var. Africana African Olive Northern boundary 6 x 4m7 Pittosporum undaulatum Native Daphne Northern boundary 4 x 2m8.9 Olea europea var. Africana African Olive Water front area 8 x 6m12 Eucalyptus citriodora Lemon Scented

Gum TreeWater front area 10 x 6m

13 Ligustrum lucidum Large-leaf Privet Water front area 7 x 4m16 Prunus sp. Flowering Cherry Water front area 5 x 2m

The Construction Certificate plans must include reference to the removal of the abovementioned trees and identify the trees by Council’s reference number and colour orshade them in the colour red.

16. Hand excavation within tree root zones

To prevent compaction within the root zone, excavation undertaken within the specifiedradius of the trunks of the following trees must be hand dug. Any root pruning must beundertaken by hand along the perimeter line of such works by an experienced Tree Surgeon-Arborist with a minimum qualification of a Certificate in Arboriculture or other equivalentqualification acceptable to Council’s Landscape Assessment Officer.



Beyond this radius, mechanical excavation is permitted, when root pruning by hand along theperimeter line of such works is completed.


Species Location Radius fromTrunk(Metres)


Northern side boundary 4 metres


Northern side boundary 4 metres

10 Glochidion ferdinandiiCheese Tree

Water front area 4 metres

11 Pittosporum undaulatumNative Daphne

Water front area 4 metres

17. Paving in the vicinity of trees

Paving works within the dripline of the canopy of following tree#s must be constructed insuch a way as to ensure that the existing moisture infiltration and gaseous exchange to the treeroot system are maintained:-



1 Lophostemon confertus Brush Box Northern side boundary 12 x 7m2 Lophostemon confertus Brush Box Northern side boundary 10 x 8m

18. Level changes in the vicinity of trees

No level changes are to occur within the dripline of the canopy of the following trees in orderto allow for the preservation of their root zones.



1 Lophostemon confertus Brush Box Northern side boundary 12 x 7m2 Lophostemon confertus Brush Box Northern side boundary 10 x 8m10 Glochidion ferdinandii Cheese Tree Water front area 7 x 6m11 Pittosporum undaulatum Native Daphne Water front area 9 x 6m

19. Protective fencing mulching and irrigation around trees

To limit the potential for damage to trees to be retained, the area beneath their canopies mustbe fenced. The fencing must encompass the maximum possible area covered by the dripline ofthe canopy to allow for development and remain in place until the completion of buildingworks. The fencing should be a minimum of a 1.8 metres high chainlink or welded meshfencing. The fencing is to be maintained for the duration of the building works.

To ensure adequate moisture levels for the growing medium, protected within the fencedareas, all areas within the perimeter of the safety fencing are to be covered with woodchipmulch to a depth of 100mm. All steep gradients unable to be effectively covered with mulchare to be protected with hessian cloth to be kept at an moisture level sufficient to ensure thepreservation of tree root systems.



To ensure the continued preservation of the aforementioned existing trees by providingadequate soil moisture, a irrigation program or temporary irrigation system is to be installedand an irrigation program maintained during the full course of construction works.

20. Footings in the vicinity of trees

To ensure the preservation of retained trees, NO APPROVAL is granted for severing ofsignificant tree roots. Footings for any structures constructed within the area, defined by thecanopy driplines of the following trees, shall be constructed using an isolated pier and beamconstruction method, to bridge any existing roots exceeding 100mm, where excavationidentifies roots exceeding this diameter. The piers shall be located such that no roots of adiameter greater than 100mm shall be severed.

Approval is granted for the root pruning of all roots of a diameter less than 100mm, subject toall pruning works being undertaken by an experienced Tree Surgeon-Arborist with aminimum qualification of a Certificate in Arboriculture or other equivalent qualificationacceptable to Council.

21. Stormwater discharge directly into Sydney Harbour

The developer must obtain written approval from the Waterways Authority to dischargestormwater from the subject property directly into Sydney Harbour. The written approvalmust be submitted to the Accredited Certifier prior to the issue of the Construction Certificate.Any conditions of consent provided by the Waterways Authority shall be complied with.

22. Stormwater Management Plan

Prior to the issue of the Construction Certificate, a Stormwater Management Plan for thedevelopment site must be submitted and approved by the Accredited Certifier. This Conditionis imposed to ensure site stormwater is disposed in a controlled and sustainable manner.

The Stormwater Management Plan must be in accordance with Council’s Draft StormwaterDevelopment Control Plan and Local Approval Policy (DCP-LAP), and generally inaccordance with the drainage plans and documentation prepared by Donnelly Simpson &Cleary P/L (Refer to Job No. 6182H Dwgs SW1 & SW2 Iss. A dated 19th March 2003).

Stormwater run-off from the proposed development must drain to Rose Bay subject to therequirements of the Waterways Authority. New drainage systems must be designed havingregard to the need to prevent stormwater from entering buildings in accordance with theBuilding Code of Australia (BCA).

The Stormwater Management Plan must include the following specific requirements (asappropriate for the site):

a) Layout plan


• All pipe layouts, dimensions, grades, lengths and material specifications• All invert levels reduced to Australian Height Datum (AHD)



• Location and dimensions and of all drainage pits• Overland flow paths over impervious areas.• The relocation of the existing stormwater services utilising the existing Private

Drainage Easement.

b) Copies of certificates of title, validating the relocation of the private drainage easementto drain water by gravity.

c) Subsoil drainage details (layout, grades, material), clean out points and discharge point.





a. Certification that:


• That all drainage components are structurally adequate and have been installed inaccordance with the relevant Codes and Standards and/or specifications.

b. Work-As-Executed (WAE) plans showing:

• Pipe and drainage system layout, including all pits, pipe diameters, grades,materials, invert levels, surface levels and the existing drainage services that mustbe relocated.

24. Relocation of the private drainage easement and associated services

It is noted that there is a private drainage easement and service that is located in the region ofthe works. Due to the depth of excavation required to construct the approved dwelling, theeasement and services must be relocated. To ensure that these works do not reduce theamenity of the existing service, the design, investigation and construction of the redirectedservice must be conducted by a suitably qualified and practising hydraulic engineer. Theapplicant must bear all costs involved with relocating the private drainage easement.

The applicant must undertake the following to ensure the works are undertaken appropriately;

a) Submit plans detailing the proposed relocation of the drainage services located withinthe private drainage easement. They must be submitted to the Accredited Certifier withthe application for a Construction Certificate and contain the following information;



• The size, slope and capacity of the existing drainage line.• A plan showing the relocated drainage line. The plan must show (as a minimum)

proposed invert levels, obvert levels, pipe layout and sizes.

b) Prior to the issue of the Occupation Certificate, the applicant must submit the followingto the Accredited Certifier;

• Copies of certificates of title showing the relocation of the existing drainageeasement.

• Certification from a suitably qualified hydraulics engineer stating that therelocated drainage line has been designed and constructed without reducing thecapacity of the existing drainage service.








28. Sediment removal from vehicle wheels

A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, must be installedto prevent mud and dirt leaving the site and being deposited on the street.


Throughout the demolition, excavation and construction period, Council’s warning sign forsoil and water management must be displayed on the most prominent point of the buildingsite, visible both from the street and site.




30. Stockpiles








The disposal of site water (includes groundwater, seepage, dewatering and stormwater trappedin excavations) must be in accordance with the requirements contained within Council’s DraftStormwater Management Code. Disposal of site water to Council’s stormwater system is notpermitted unless an appropriate treatment method, approved by Councils Drainage Engineer,is implemented.

In the event of contaminated water, the applicant is advised to liase with Sydney Waterregarding a Trade Waste Agreement.

34. Archival recording of buildings with little or no heritage significance that are to bedemolished:

Two copies of the demolition report are to be submitted to Council prior to the issue of aConstruction Certificate.


The pool must comply with the following requirements:



















A construction management plan must be submitted for the approval of Council’sDevelopment Engineer before the commencement of demolition, excavation or constructionworks. The Plan must:-

a. describe the anticipated impact of the construction works on:• 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/ deliveries to and from the site.

The Plan must make provision for all materials, plant, etc. to be stored within thedevelopment site at all times during construction. Structures or works on Council propertysuch as hoardings, scaffolding, shoring or excavation need separate consent from Council.Standing of cranes and concrete pumps on Council property will need consent on eachoccasion.



Note: A minimum of four weeks will be required for assessment. Work must not commenceuntil the Construction Management Plan is approved. Failure to comply with this conditionmay result in fines and proceedings to stop work.


All excavation, demolition and construction work and traffic movements must be carried outin accordance with the approved construction management plan. All controls in the Plan mustbe maintained at all times. A copy of the Plan must be kept on-site at all times and madeavailable to the PCA or Council on request.

41. Site fencing

The site must be appropriately secured and fenced to the satisfaction of Council duringdemolition, excavation and construction work to ensure there are no unacceptable impacts onthe amenity of adjoining properties. Permits for hoardings and or scaffolding on Council landmust be obtained and clearly displayed on site.



• Full reconstruction of a 3.50 metre wide concrete driveway crossing and layback.Levels on the boundary may be raised above existing levels provided the crossing isconstructed to prevent vehicles scraping and is in accordance with Council’s StandardDrawing 14238.

An “Application for permission to construct a vehicle and special crossing by privatecontractor” must be completed and submitted to Council’s Customer Service Centre prior tocommencement of construction of a new driveway. For any technical queries regardingalteration to existing footpath levels or alignments, please contact Council’s WorksSupervisor.

43. Driveways and associated works - Infrastructure works Bond

To ensure that works on Council property are carried out to Council’s requirements, thedeveloper must lodge a bond to the value of $1,000 (One thousand Dollars). The Bond maybe in the form of a bank guarantee and must be lodged prior to the issue of a ConstructionCertificate. The Bond will not be released until Council has inspected the site and is satisfiedthat the works have been carried out to Council’s requirements. Council may use part or theentire Bond to complete the works to its satisfaction if the works do not meet Council’srequirements.







A security deposit of $42,000 (Forty two thousand Dollars) for the cost of making good anydamage to Council property caused as a consequence of the construction work, plus anadministration fee of $150.00, must be paid to Council prior to the issue of the ConstructionCertificate. The security deposit, which may be in the form of a bank guarantee, has beencalculated in accordance with the following schedule.

















a) Single occupancies (all areas except Paddington and West Woollahra):

Within the property boundaries, there must be provision for:

i) One 120 litre mobile garbage bin for putrescible wasteii) One 50 litre crate for paper recyclables (blue)iii) One 50 litre crate for non-paper recyclables (black); andiv) One 240 litre mobile garbage bin for garden organics.


The proposed three vehicle garage, driveway and access ramp must be designed to complywith Australian Standard 2890.1 – “Off-Street car parking”.

51. Driveway Profile – Flood protection

During large storm events, there is potential for large surface flows to occur in the road andfootway areas at the access point to the proposed development site. To prevent inundation ofthe property during these storm events suitable flood protection (eg crest up before descent onan access driveway) must be provided.

The submitted flood study by Donnelly Simpson & Cleary P/L (Refer Job No. 6182H dated21st March 2003) has estimated the 1 in 100 Year ARI flood level fronting the site andrecommended driveway crest levels in accordance with Councils freeboard requirements. Therevised driveway ramp must attain the following levels by way of a crest within the propertyboundary;

• Eastern side of entrance – RL 17.53 m.• Western side of entrance – RL 17.16 m.

The revised driveway profile must be in accordance with Australian Standard 2890.1 – 1993,Part 1 (Off-street car parking) and must be submitted for approval by Councils DevelopmentEngineer prior to the commencement of works.

Gradients and transitions must be in accordance with clause 2.5.3 of Australian Standard2890.1 – 1993, Part 1 – Off-street car parking. The driveway profile submitted to Councilmust contain all relevant details: reduced levels, proposed grades and distances. Council willnot allow alteration to existing reduced levels on its property to achieve flood protection.

52. Compliance with recommendations of the geotechnical and hydrogeological report

The construction methodology, testing and excavation works associated with the developmentmust be undertaken in accordance with the recommendations of the Geotechnical andHydrogeological Report by Douglas Partners P/L (Refer to Proj. No. 35770 dated February2003)




A practicing structural engineer must prepare a full dilapidation report on the structuralcondition of all existing structures at the following locations:

• No. 2A Bayview Hill Road• No. 4 Bayview Hill Road• No. 26 Tivoli Avenue

The Report must be completed and submitted to Council prior to the commencement of anydemolition, excavation or construction works.

A second dilapidation report, recording structural conditions of all structures originallyassessed prior to the commencement of works, must be carried out at the completion of theworks and be submitted to Council.

54. Vibration during Construction

Vibration during construction can adversely affect surrounding property and infrastructure.Construction techniques including, but not limited to, rock breaking, ripping, and/or theinstallation of sheetpiles, may produce ground vibrations.

Prior to the issue of the Construction Certificate, the applicant must submit to the AccreditedCertifier details of the proposed Vibration Monitoring Program to ensure that vibrationcreated by the method of construction does not adversely impact on the existing building,surrounding property and infrastructure. A qualified and practising geotechnical and/orhydrogeological engineer must prepare the Vibration Monitoring Program and undertake allassociated investigations. Details to be included in Vibration Monitoring Program to include:

a) pre-set acceptable limits for the variation of:

i) settlementii) deflection or movement of retaining mechanisms such as shoring and bracing

andiii) vibration in accordance with AS 2187.2 1993 Appendix J, including acceptable

velocity of vibration.

b) the location and type of monitoring systems to be used

c) recommended hold points to allow for inspection and certification by a geotechnicalengineer and

d) a contingency plan should the pre-set acceptable limits be exceeded.

55. Certification of Vibration Monitoring

A record of inspections and monitoring of vibration in accordance with the VibrationMonitoring Program must be submitted in a report form to the Accredited Certifier prior torelease of the Certificate of Occupancy or final building inspection as appropriate. A qualifiedand practising geotechnical and/or hydrogeological engineer must prepare certification.



56. Geotechnical and Hydrogeological monitoring program, implementation plan andcertification

The Geotechnical and Hydrogeological Report by Douglas Partners P/L (Refer to Proj. No.35770 dated February 2003) has identified that construction of the approved development willrequire the services of a qualified Geotechnical engineer to ensure the safety and stability ofthe excavation works.

A qualified Geotechnical/hydrogeological Engineer must complete the following:

• Further monitoring and inspection at the hold points recommended in the above report.• Written report and certification of the geotechnical inspection, testing and monitoring

program.

This would involve (but not limited to) the design and installation of temporary shoring,supervision of the excavation, footing design and excavation.

Copies of the inspection, testing and monitoring reports must be supplied to the AccreditedCertifier within 7 days of the inspection. Any non-conformance must be immediatelyconveyed to the Accredited Certifier with a Corrective Action Plan. A complete record ofinspections, testing and monitoring with certifications must be submitted in report form to theAccredited Certifier for approval, prior to release of the Final Building Inspection.

This engineer must provide certification to the Accredited Certifier, prior to issue of the FinalBuilding Certificate, that excavation, retention, underpinning and construction of thebasement level has been conducted:

a. According to the relevant Australian Standards and Codes of Practice, andb. In a manner that does not compromise the structural integrity of all adjacent structures,

property and infrastructures.

57. Demolition and disposal of hazardous materials

Removal, cleaning and disposal of lead-based paint must conform to the current EPAguidelines. Demolition of materials incorporating lead is to be conducted in strict accordancewith sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the Australian Standard AS2601-1991, Demolitionof Structures.

Hazardous dust must not be allowed to escape from the site. The use of fine mesh dust proofscreens or other measures is recommended. Any existing accumulations of dust (eg. ceilingvoids and wall cavities) must be removed by the use of an industrial vacuum cleaner fittedwith a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created fromwork must be suppressed by a fine water spray. Water must not be allowed to enter the streetor stormwater systems. Demolition must not be performed during high winds, which maycause dust to spread beyond the site boundaries.

All contractors and employees directly involved in the removal of hazardous dusts andsubstances must wear protective equipment conforming to Australian Standard AS1716Respiratory Protective Devices and must adopt work practices in accordance with therequirements of WorkSafe’s Control of Inorganic Lead At Work (NOHSC:102(1994) andNOHSC:2015(1994)). All lead-contaminated materials must be disposed of in accordancewith the EPA’s requirements.















Note: The amount referred to in paragraph (a) (iv) above is prescribed by regulations underthe Home Building Act 1989. As at the date on which this Regulation was Gazetted,that amount was $5,000. As those regulations are amended from time to time, so thatamount may vary.



















(i) is likely to cause pedestrian or vehicular traffic on a public place to be obstructedor rendered inconvenient, or








Note: Prior to the erection of any hoarding, fence or the like on any footpath or other propertyowned or controlled by Council, permission must be sought and obtained from Council andthe prescribed rental fee paid.



i. stating that unauthorised entry to the work site is prohibited; andii. showing the name of the person in charge of the work site and a telephone number

at which that person may be contacted outside working hours.



iii. building work carried out inside an existing building; oriv. building work carried out on premises that must be occupied continuously (both





















Building Act 1989.

67 Wet areas


68. External Service Pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant andthe like must be located within the building. Details confirming compliance with thiscondition must be shown on construction certificate plans and detailed with constructioncertificate specifications. Required external vents or vent pipes on the roof or above the eavesmust be shown on construction certificate plans and detailed with construction certificatespecifications. External vents or roof vent pipes must not be visible from any place unlessdetailed upon development consent plans. Where there is any proposal to fit external servicepipes or the like this must be detailed in an amended development (S96) application andsubmitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of thebuilding or front roof elevation. The applicant, owner and builder must protect the appearanceof the building from the public place and the appearance of the streetscape by elimination ofall external services excluding vent pipes required by Sydney Water and those detailed upondevelopment consent plans.







Catherine OrfordThomas Riley Group Pty Ltd David BoothASSESSMENT OFFICER ACTING TEAM LEADER

ADVISORY NOTES

1. Other approvals

This development consent does not remove the need to obtain any other statutory consent orapproval necessary under any other Act, including:

• an Application for Approval under Section 68 of the Local Government Act 1993 for anactivity under that Act, including the erection of a hoarding. All such applications mustcomply with the Building Code of Australia.

2. Works and requirements of other authorities

• Sydney Water may require the construction of additional works and/or the payment ofadditional fees. Other Sydney Water approvals may also be necessary prior to thecommencement of construction work. You should therefore confer with Sydney Waterconcerning all plumbing works, including connections to mains, installation oralteration of systems, and construction over or near existing water and sewerageservices.

Contact Sydney Water, Rockdale (Urban Development Section) regarding the water andsewerage services to this development.

• Australia Post has requirements for the positioning and dimensions of mail boxes innew commercial and residential developments. A brochure is available from yournearest Australia Post Office.



WARNING: Failure to obtain a Construction Certificate prior to the commencementof any building work is a serious breach of Section 81A(2) of the EnvironmentalPlanning & Assessment Act 1979. It is also a criminal offence which attractssubstantial penalties and may also result in action in the Land and EnvironmentCourt and orders for demolition.

4. Occupational health and safety




5. Relocation of stormwater drainage

Council is not responsible for the cost of relocating Council’s stormwater drainage pipesthrough the subject property.



7. Hazardous waste removal (including asbestos)

Hazardous or intractable wastes arising from the demolition process must be removed anddisposed of in accordance with the requirements of WorkCover and the EPA, and inaccordance with the provisions of:

• New South Wales Occupational Health and Safety Act, 1983;• New South Wales Construction Safety Act, 1912; Regulation 84A-J Construction Work

Involving Asbestos or Asbestos Cement 1983;• The Occupational Health and Safety (Hazardous Substances) Regulation 1996;• The Occupational Health and Safety (Asbestos Removal Work) Regulation 1996; and• The Waste Minimisation and Management Act and Regulations.

8. Air conditioning Systems in Residential Premises

Clause 52 of the Protection of the Environment Operations (Noise Control) Regulation 2000provides that a person must not cause or permit an air conditioner to be used on residentialpremises in such a manner that it emits noise that can be heard within a habitable room in anyother residential premises (regardless of whether any door or window to that room is open):

a) before 8am or after 10pm on any Saturday, Sunday or public holiday, orb) before 7am or after 10pm on any other day.

9. Model

If you submitted a model with the application it must be collected from the Council officeswithin fourteen (14) days of the date of this determination. Models not collected will bedisposed of by Council.






Where tree work has not been approved by this Development Consent the developer isnotified that a general Tree Preservation Order applies to all trees in the Municipality ofWoollahra with a spread of branches greater than three (3) metres and also on all trees,irrespective of the spread of branches, with a height greater than five (5) metres. This orderprohibits the ringbarking, cutting down, topping, lopping, pruning, transplanting, injuring, orwillful destruction of such trees except with the prior written consent of the council. Writtenconsent from Council for such tree works must be in the form of a Tree Preservation OrderPermit for Pruning or Removal of Protected Trees obtained from the Parks and StreetscapeSection of Council.






The classification of the building pursuant to the Building Code of Australia is 1(a), 10(a) and10(b).

15. Long Service Levy

The current rate of the levy required by this consent is 0.2% of the cost all building andconstruction work costing $25,000 or more.

16. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate tocontact David Booth. 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 appealsthrough a Section 34 Conference, instead of a full Court hearing. This approach is lessadversarial, it achieves a quicker decision than would be the case through a full Court hearingand it can give rise to considerable cost and time savings for all parties involved. The use ofthe Section 34 Conference approach requires the appellant to agree, in writing, to the Courtappointed assessor having the full authority to completely determine the matter at theconference.

ANNEXURES

1. Plans and elevations




ITEM No. D5

FILE No. DA 696/2003

ADDRESS: 29 Manning Road, DOUBLE BAY

PROPOSAL: Construction of a new residential flat building containing 2dwelling units and garage for 4 vehicles.


APPLICANT: Sealab Pty Ltd

OWNER: Sealab Pty Ltd


AUTHOR: Mr V Hardy – Cityscape Planning and Projects

LOCALITY PLAN

SubjectSite

Objectors

North

LocalityPlan



1. SUMMARY

Reason for report

Pursuant to Council’s delegations adopted on 17 December 2001, the matter is referred to theDevelopment Control Committee as the proposed development is for a new residential flat building.In addition, the proposal does not comply with the Woollahra Local Environmental 1995 andWoollahra Residential Development Control Plan 1999 with respect to: floor space ratio, height,sub-surface excavation, side and rear setbacks, deep soil landscaping and off-street car parking.Also, two (2) letters of objections were received in response to the neighbour notification process.

Issues

§ Floor space ratio§ Height§ Setbacks§ Excavation§ Deep soil landscaping§ Car parking§ Privacy§ Overshadowing

Objections

Two (2) objections were received.

Cost of works

The stated cost of the proposed work of $1 million has been checked using the standard criteriaspecified in the Cordell Building Guide and is considered to be accurate.

Recommendation

The application is recommended for refusal because it:

1. does not comply with the provisions of Woollahra LEP 1995 with respect to the maximumpermissible floor space ratio and height control;

2. does not comply with the provisions of the Woollahra Residential DCP 1999 with respect to:§ setbacks,§ sub-surface excavations,§ provisions of adequate deep soil landscaping, and§ car parking and§ overshadowing

3. will adversely affect the amenity of adjoining properties with respect to overshadowing andgeneral amenity.


The proposal involves the construction of a new part 3 storey residential flat building generallyconsisting of:



§ an existing double garage at street level that is proposed to be enlarged to accommodate twoadditional car spaces, two storerooms, a garbage room and accessway, stairs and elevator to theground floor;

§ a ground floor 3 bedroom dwelling unit with front and rear hard-paved terraces; and§ a first floor, split-level, 3 bedroom dwelling unit with front and rear balconies and internal

staircase leading to an attic/bedroom and bathroom above.


The site is located on the western side of Manning Road and has a site area of 593.5m2. The site hasan irregular frontage of 17.24 metres and has an irregular northern and southern side boundarymeasuring 33.52 metres and 37.065 metres respectively. The rear western boundary of the sitemeasures 15.24 metres.

The site slopes from the rear of the site down towards Manning Road. The frontage of the site iselevated above Manning Road and has a sandstone retaining wall measuring some 2.5 metres inheight. Due to the demolition of a previously existing two storey residential flat building, thesubject site lies vacant except for a small single storey section of partly demolished walls at thefront portion of the previous building and the existing double garage at the south-eastern corner ofthe site.

Neighboring and surrounding development consists of a mixture of dwelling-houses and residentialflat buildings that vary in height between 2, 3 and 4 storeys.

4. PROPERTY HISTORY

An investigation of the development and building history of the site revealed that the building waspreviously used as a residential flat building comprising 2 dwelling units.

On 6 December 2001, Council approved alterations and additions to the then existing residential flatbuilding (vide DA 417/2001). In May 2002 a s.96 application was lodged by the applicant seekingcertain modifications to the original design of the building. This amendment was approved byCouncil on 31 October 2002.

In July 2002, acting upon the original consent, the applicant commenced partial demolition of theexisting building. During the demolition process serious problems ensued and the applicantsubsequently lodged a second s.96 application.

The second s.96 application was, upon the advice of Council, subsequently withdrawn. Followingan inspection of the subject property by Council officers on 20 December 2002, Council advised theapplicant that “…as a result of this inspection it is noted that the majority of the building has beendemolished contrary to Council’s approval dated 4 December 2001 for the ‘refurbishment’ of theexisting building and the works shown in colour on the approved plans. This consent is thereforeconsidered to have been made void.”

On 29 July 2003, a third s.96 application was lodged and was refused on 29 August 2003 becausethe proposed modifications would not result in substantially the same development as thatdevelopment which was originally approved. This is the subject of an appeal to the Land andEnvironment Court which is due to be heard on 16 February 2004.

The subject development application was lodged pursuant to the refusal of the s96 application andis the subject of this report.



5. REFERRALS


No comment was required.

5.2 Building

Council’s Building Surveyor Mr Jim Lukas reports that the proposed fenestration is within 3metresof a fire source feature and would not comply with Part C of the Building Code of Australia. Forthis reason, the proposal cannot be supported.

This would need a formal advising on any consent should consent be recommended.

5.3 Health


5.4 Heritage

The subject site is not a listed heritage item nor is it within the vicinity of a heritage item and is notwithin a heritage conservation area. Consequently, no comment was required.

5.5 Urban Design



Council’s Team Leader - Development Engineer, Mr Nick Tomkins, assessed the proposal andraised no objections on engineering grounds subject to conditions of consent previously granted byCouncil to DA 417/2001 and the inclusion of an additional condition of consent relating to theprovision of an electricity sub-station.


Council’s Tree’s Officer, Mr David Grey, raised no objection to the proposal. At the time ofinspection, the site had been cleared of all vegetation and had been excavated for buildingfoundations. The plant materials and quantities shown in the supplied Wallman partners plan datedMay 2001 were considered to be acceptable. This condition would be included were consentrecommended.


Council’s Team Leader - Development Engineer, Mr Nick Tomkins, assessed the proposal andraised no objections on engineering grounds subject to conditions of consent previously granted byCouncil to DA 417/2001. This condition would be included were consent to be recommended.






6.1 SEPPs

SEPP No. 55 – Remediation of Land

The land is currently used for residential purposes. There is no evidence before Council to suggestthat the land has been used for any non-residential purposes in recent years. Consequently, thepossibility of the land being contaminated is substantially reduced. It is therefore considered thatCouncil can be satisfied that the land is not contaminated such that remediation would be required.

There are no other State Environmental Planning Policies that are applicable to the subject site orthe proposed development.

6.2 REPs

Sydney Regional Environmental Plan No. 23 – Sydney and Middle Harbours

Under the provisions of Clause 18 of SREP 23, a consent authority must not consent to the carryingout of development unless it is satisfied that the proposed development is consistent with theobjectives of this SREP and has considered those matters that are relevant as listed within Clause18. These matters are considered to be:

(a) the appearance of the development from the waterway and the foreshores;

With respect to the objectives of SREP 23, Clause 2(2)(f) indicates the following:

(i) to protect and enhance the landscape and special scenic qualities of the harbours; and(ii) to ensure that adequate consideration is given to the visual impact of the development; and(iii) to preserve the natural foreshores of the harbours and to ensure development does not

detract from their natural character.

The proposed development will not be visible from the harbour and would therefore not result in aloss of environmental amenity. Consequently, no concern is raised to the visual impact of thedevelopment as viewed from the Harbour or its foreshores.

Sydney Harbour and Parramatta River DCP

The Sydney Harbour and Parramatta River DCP supplements the relevant SREPs by establishingguidelines for development and activities with the aim of:

§ minimising impacts on ecological communities;§ ensuring that the scenic quality of the area is protected or enhanced;§ providing siting and design principles for new buildings and waterside structures; and§ identifying locations with potential for foreshore access.

Having regard to the Sydney Harbour DCP it is considered that the proposed development issatisfactory. The site does not have direct frontage to the water, and therefore no watersidestructures or access are proposed.

There are no other REP’s that are relevant to the subject application.




The proposed development would result in the same number of dwellings as was previously locatedon the site prior to their demolition. Consequently, in accordance with the Woollahra Section 94Contributions Plan 2002, there is no contribution applicable to the proposed development.


None relevant.


7.1 Zoning

The subject site is zoned Residential 2(b).


The objectives of the Residential 2(b) zone state the following:

(a) to provide for areas of medium and high density residential development in appropriatelocations,

(b) to encourage a diversity of dwelling types and tenure,(c) to allow non-residential development of low intensity which is compatible with the residential

character and amenity of the locality,(d) to improve access to and along the Sydney Harbour foreshore where opportunities arise, and(e) to protect the environmental attributes of the foreshore lands.

The proposal generally fulfils the requirements of parts (a) and (b) above. Parts (d) and (e) aboveare not relevant due to the location of the proposal away from the harbour foreshore. However, theproposal does not adequately fulfil objective (c) above for a number of reasons. Firstly, the locationof the proposed development and in particular its non-compliance with the maximum permissiblefloor space ratio, height and setback requirements means that the proposal will not result in adevelopment of low-intensity and would not be compatible with the residential character andamenity of the locality. Also, the proposal, in its current form, will result in an adverse affect uponthe amenity of adjoining and surrounding property owners by virtue of a loss of amenity andovershadowing of adjoining properties.

Consequently, the proposal is unsatisfactory in terms of Clause 8(5) of Woollahra LEP 1995.


COMPLIANCE WITH STATUTORY CONTROLS


Overall Height (metres) 0m9.825 (*survey

mark) 9.5mNO

Floor Space Ratio (maximum) 0:1445.66m²

0.75:1370.945m²

0.625 NO



*The extent of the non-compliance in regard to the maximum height of the proposed building is yetto be properly established. The height of the building needs to be established by way of registeredsurvey marks at the existing ground level of the site, bearing in mind the demolition of the previousbuilding. The survey plan identifies a “nail in concrete” near the south-east corner of the site at anAHD of 10.825, whilst the architectural drawings show ‘ground level’ at RL 11.080. The groundlevel of the architectural drawing must be confirmed by way of survey mark to properly establishthe overall height of the building and then the degree of non-compliance.

7.4 Site area requirements

The site is suitable and capable of accommodating a residential flat development.

7.5 Height

The proposed development proposes to construct a residential flat building which would exceed themaximum height limit set under the Woollahra LEP 1995.

An objection under the provisions of SEPP No. 1 – Development Standards has been lodged on thebasis that:

§ the proposal is for the construction of a new residential flat building which will be significantlysimilar to the original building on the site (partially demolished under DA) and identical to theapproved DA 417/2001/2.

§ the proposal will result in a building of the same height as the original building and located onthe same footprint as the original building.

§ the topography of the area, coupled with the retention of the original height and building bulk,ensures that any district views are retained.

§ the proposed building will be similar in architectural style to the single detached dwelling to thenorth and the adjoining two-storey residential flat building to the south.

§ the proposal will maintain the original relationship with the streetscape and adjoiningdevelopment.

§ perimeter planting of trees will provide screening between the subject site and the residentialflat building that overlooks it.

§ the proposed building largely replicates the original situation with no changes to existingsunlight access and overshadowing.

§ the proposed building due to topography and the retention of the original form of the buildingenvelope, will maintain the amenity of the public domain by preserving public views of theharbour and surrounding areas and the special qualities of the streetscapes.

§ the proposal would not have any material impact upon the amenity of adjacent properties andhence the proposal would meet with the objectives to provide separation and preserve amenity.

§ the impact of the overall height will be negligible due to the steep sloping roof form whichdirects the maximum height to the centre of the proposed dwelling and away from the sharedboundaries and adjoining development.

§ compliance is unnecessary with regard to the demonstrated consistency with the objectives ofthe standard and the absence of adverse impacts in terms of bulk and scale, overshadowing,loss of privacy, loss of solar access and loss of views.

7.6 Floor space ratio

The proposed development proposes to construct a residential flat building which would exceed themaximum floor space ratio limit set under the Woollahra LEP 1995.



An objection under the provisions of SEPP No. 1 – Development Standards has been lodged on thebasis that:

§ lack of adverse impact upon the local environment.§ the proposed building will result in a development which is significantly the same as the

original building in terms of height and bulk and built on the same footprint.§ the proposal will not result in an increase in the intensity of use on the site.§ the existing character of the area will be maintained.§ the proposed building will be similar in architectural style to the adjoining residential dwelling

and surrounding development.§ the proposal is for the construction of a new residential flat building which will be significantly

similar to the original building on the site (partially demolished under DA) and identical to theapproved DA 417/2001/2.

§ the proposal will not have any material impact upon the amenity of the locality or adjacentproperties.

§ the original and previously approved developments both exceeded the maximum permissiblefloor space ratio and the current proposal will not result in a material impact on the adjoiningdevelopment or streetscape.

§ the FSR is consistent with the objectives of the standard and the absence of adverse impacts interms of bulk and scale, overshadowing, loss of privacy, loss of solar access and loss of views.

§ compliance with the standard would restrict the appropriate and permissible improvement ofamenity to the units and the continuation of the character of Manning Road in a form consistentwith the surrounding context.

§ the proposal meets the objectives of the Woollahra LEP 1995 and the Woollahra ResidentialDCP 1999.

7.7 Assessment of SEPP 1 Objection

The appropriate manner of addressing a SEPP 1 objection is by way of a five-part test which inaccordance with Council’s adopted procedure is as follows:

1. Is the planning control in question a development standard?2. What is the underlying purpose of the standard?3. Is compliance with the development standard consistent with the aims of the Policy, and in

particular, does the development standard tend to hinder the attainment of the objects specifiedin s.5(a)(i) and (ii) of the EPA Act?

4. Is compliance with the standard unreasonable or unnecessary in the circumstances of the case?5. Is the objection well founded?

The prescribed maximum height pursuant to Clause 12 of the LEP is a development standard.Clause 12AA of the Woollahra LEP 1995 details the objectives of the maximum building heightdevelopment standards which are as follows:

(a) to minimise impact of new development on existing views of Sydney Harbour, ridgelines,public and private open spaces and views of the Sydney City skyline,

(b) to provide compatibility with the adjoining residential neighbourhood,(c) to safeguard visual privacy of interior and exterior living areas of neighbouring dwellings,(d) to minimise detrimental impacts on existing sunlight access to interior living rooms and

exterior open space areas and minimise overshadowing,(e) to maintain the amenity of the public domain by preserving public views of the harbour and

surrounding areas and the special qualities of the streetscapes.



The prescribed maximum floor space ratio pursuant to Clause 11 of the LEP is a developmentstandard. Clause 11AA of Woollahra LEP 1995 details the objectives of the maximum floor spaceratio standard which are as follows:

(a) to set the maximum density for new development,(b) to control building density, bulk and scale in all residential and commercial localities in the

area in order to achieve the desired future character objectives of those localities,(c) to minimise adverse environmental effect on the use or enjoyment, or both, of adjoining

properties, and(d) to relate new development to the existing character of surrounding built and natural

environment as viewed from the streetscape, the harbour or any other panoramic viewingpoint.

Part of the aims of SEPP 1 states:

This policy provides flexibility in the application of planning controls operating by virtue ofdevelopment standards in circumstances where strict compliance with those standards would, inany particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectsspecified in section 5(a)(i) and (ii) of the EPA Act.

The objects specified in section 5(a)(i) and (ii) of the Act state:

5. The objects of this Act are:

(a) to encourage:

(i) the proper management, development and conservation of natural and artificialresources, including agricultural land, natural areas, forests, minerals, water,cities, town and villages for the purpose of promoting the social and economicwelfare of the community and a better environment;

(ii) the promotion and co-ordination of the orderly and economic use anddevelopment of land.

Given that the site currently lies vacant (except for the double garage), strict compliance with thestandard is considered reasonable and necessary in the circumstances of the case.

With regard to the maximum permissible floor space ratio, the proposal exceeds the requirement bysome 74.7m² representing a overdevelopment by some 20% above that which is permissible.

The objection advanced by the applicant that compliance with the development standard isunreasonable and unnecessary are generally not well founded and it is considered that granting ofdevelopment consent would not be consistent with the aims and objectives of clauses 11AA and12AA of Woollahra LEP 1995 and Clause 3 of SEPP 1 for the following reasons:

1. That a minor reduction in the overall height of the building would increase the availability ofaccess to natural sunlight to adjoining properties to the south.

2. The increased floor space ratio adds to the overall bulk of the proposal.3. Compliance with Council’s requirements would not unduly affect the development potential of

the site.4. There are no site specific circumstances which would prevent compliance with the relevant

standards from taking place.



7.8 FSBL

The site is not affected by Council’s Foreshore Building Line.



Pursuant to Clause 18 of Woollahra LEP 1995, the application is accompanied by the followingpreliminary specialist report relating to the proposed excavation:

• Report on Geotechnical investigation prepared by Jeffery and Katauskas Pty Ltd, reference16026SR3fax, dated 30th January 2003

The Geotechnical report supplements the previous Geotechnical investigation prepared by Jefferyand Katauskas Pty Ltd in July 2001.

The Geotechnical Report was referred to Council’s Development Engineer, and comments are yetto be received.

The Geotechnical Report would be subject to detailed comments and conditions were consent forthe development proposal be recommended.

Clause 19 HFSPA

The proposal is acceptable in terms of Clause 19(2).

Clause 24 Land adjoining public open space

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).

Clauses 26-33 Heritage and conservation area provisions

The site is not identified as a heritage item nor is it in a heritage conservation area.


Draft Woollahra LEP 1995 (Amendment No. 45) – Accessibility and the Draft DCP is applicable tothe proposal.

Draft Amendment No. 45 refers to the Draft Accessibility DCP for specific standards. The DraftAccessibility DCP requires 1 in 10 units to be adaptable (accessibility for the disabled).

The proposal provides accessibility to the proposed dwellings by providing internal lift access fromthe garage to the first and second floors and generally accords with the objectives contained in draftAmendment No. 45.





COMPLIANCE WITH WRDCP 1999


Building Footprint (maximum)0 38%

(227m²)40% of site(237.4m2 ) YES

Boundary Setbacks (minimum)Front (East)

Rear (West)Side (North)Side (South)

0

000

7.5 to 9.3m

6.5m1.5 to 4m

1.2 to 3.35m

consistent withadjoiningproperties

8.125mmin. 4m

1.5 to 4.5m

NONONONO

Excavation Piling & Subsurface WallSetback N/A 500mm

1.5m from allBoundaries NO

Minimum Floor to Ceiling Height –Habitable Rooms N/A 2.4m (attic)

2.7m (variationin roof spaceacceptable)

YES

Non-Articulated Building Length to Street N/A 4 – 5.5m 6m YES

Front Fence Height N/A 1m balaustrade 1.2m YES

Deep Soil Landscaped Area (RFBs) N/A 170m² 237.4m² NO

Private Open Space – Above Ground Unitsin RFB N/A 22.5m²

Area 8m² PerDwg -

Dimension 2mYES

N/A110m²6.5m Area – 35m²

Dimension – 3mYES

N/A As abovePrincipal Area –

16m²Dimension – 4m

YES

Private Open Space Per Dwelling – AtGround Level

N/A Almost 0Maximum

Gradient 1 in 10 YES

Solar Access to Ground Level OpenSpace of Adjacent Properties (minimum) Full access >50%

50% Dimension– 2.5m YES

Solar Access to North-Facing LivingAreas of Development (Minimum) Full access <3 Hours

>3hrsNO

Solar Access to North-Facing LivingAreas of Adjacent Properties (Minimum) Full access >3hrs

3 Hours in Mid-winter YES

Landscaped Open Space (minimum) N/A 178m2 178m² YES

Energy Efficiency Rating N/A Not provided 3.5 Stars NO

Setback of Bedroom Windows fromStreets, Driveways and Parking Areas N/A 7.5m 3m YES

Car Parking (minimum) (maximum) 2 44 res. spaces +

1 visitor NO

Car Parking Excavation (maximum)Not within

buildingfootprint

Not withinbuildingfootprint

Within BuildingFootprintControl

NO



COMPLIANCE WITH WRDCP 1999


Location of Car Parking Structures Existing Existing

Behind FrontBuilding Line,

Except asProvided for in5.10.3 (P.11)

YES

9.1.1 Site analysis performance criteria

The proposal generally complies with the performance criteria in that the development will fit intothe surrounding environment and pattern of development.

9.1.2 Precinct future character objectives

The site is within the Manning Road Precinct. The proposed new residential flat building meets partof the character objectives of the Manning Road Precinct in that:

§ The proposal generally enhances the landscape character by proposing significant planting oftrees throughout and around the perimeter of the site.

§ Public views of the harbour and the streetscape quality is maintained.

The building height, form and setbacks do not adequately contribute to cohesion within thestreetscape in so far as the proposed development does not comply with the maximum heightrequirements of the Woollahra LEP 1995 or the minimum side setback requirements of theWoollahra Residential DCP 1999. In addition, the front setback of the building is not considered tobe consistent with the existing setbacks on either side of the subject site. The front walls of thebuilding should be setback at least an additional 2 metres from the current position to achieve aconsistent and cohesive streetscape and thereby lessen the impact on overshadowing of adjoiningproperties.

9.1.3 Precinct performance design objectives & criteria

The proposal generally complies with the performance design objectives and criteria for theManning Road precinct. Although the existing vegetation has not been maintained, the proposalprovides tree planting to the side and rear setbacks providing an attractive green backdrop tostreetscapes. The proposal would also maintain long range views along the valley corridor to locallandmarks.

The proposed development however does not provide adequate visual relief within streetscapes byits inadequate side and front setbacks.

Accordingly, the proposal is considered to be generally consistent with all of the objectivesstipulated under Part 4 of the Woollahra Residential DCP 1999. However, due to the areas of non-compliance especially with respect to the front, side and rear setbacks, the current proposal wouldneed to be substantially modified in order to fully comply with these criteria.



9.1.4 Streetscape performance criteria

The proposal generally complies with the performance criteria in the following manner:

§ The proposal indicates living room windows facing the street, with the respective entries of theunits being visible from the street.

§ The proposal provides an articulated street frontage.§ The proposed garaging is situated behind the existing double garage sited to Manning Road and

as a result would not be seen from the property frontage.§ The proposal through its site planning, fencing and landscaping clearly defines the private open

space.

9.1.5 Building size and location performance criteria

Building setbacks

§ Front setback: Performance Criteria No. 2, under Part 5.2.3 of Woollahra Residential DCP1999, requires development to have a front setback that is consistent with those of adjoiningbuildings.

The proposal indicates a front setback that is not consistent with the adjoining buildings. Aspreviously mentioned, the front walls of the building should be setback at least an additional 2metres from the current position to achieve a consistent and cohesive streetscape and thereby lessenthe impact on overshadowing of adjoining properties.

§ Northern and southern side boundary: Performance Criteria No. 6, under Part 5.2.3 of theWoollahra Residential DCP 1999, stipulates a minimum side setback of 1.5 metres, increased ona pro rata basis by 0.5 metres for each additional metre that the wall height adjacent to theboundary exceeds 3.0 metres, for a site with a lot width exceeding 12 metres.

The proposal would require a northern side boundary setback of 1.5 metres at ground floor leveland 4.25 metres first floor level. The proposal indicates a 1.5 metre setback at ground floor leveland a 1.5 to 4.2 metre setback at the first floor level. This is a setback non-compliance of up to 2.7metres, spanning a horizontal distance of approximately 9 metres (being the staircase and lift sitedto the north-eastern corner of the building).

The proposal would require a southern side boundary setback of 1.5 metres at ground floor leveland a 3.25 metre setback at first floor level. The proposal indicates a minimum 1.5 metre setback atground floor level (for the vast majority of the ground floor) and a varying setback of between 2.2to 3.35 metres setback at first floor level. Consequently, the proposal does not comply with therelevant performance criteria stipulated under Part 5.2.3 of the Residential DCP 1999.

As a consequence of this non-compliance the proposed development will result in theovershadowing of the north facing ground floor windows of the neighbouring residence to the southof the site (29B Manning Road).

§ Western rear boundary: Performance Criteria No. 3, under Part 5.2.3 of the WoollahraResidential DCP 1999, stipulates a minimum rear boundary setback of 25% of the average sitelength (or 8.125 metres).



The proposal indicates a setback of 6.5 metres which does not comply with this requirement.

Performance Criteria No. 5 states that Council may permit a variation to the rear setback determinedby P3 if it can be demonstrated that this will result in the retention of significant trees or sitequalities, has no adverse impacts on the neighbouring amenity and is not contrary to the desiredfurther character objectives in the locality.

The applicant has argued in their statement of environmental effects (p:18) that the proposal will beconstructed in the exact location of the original building, therefore retaining the existing buildingfootprint and rear setback.

Bearing in mind that the ‘existing building’ has since been demolished, the argument of‘consistency’ is not supported. The relocation of the building further from the rear, side and frontsetbacks would substantially reduce the overall bulk of the building and would assist towards areduction in the overall floor space ratio and increase the availability of deep soil landscaping whichthe proposal currently does not comply with.

Compliance with the required setback would also assist in the availability of natural sun-light toadjoining properties, especially to habitable rooms to the south of the site.

Compliance with the required rear setback would also assist in the availability of natural sunlight tothe main level of private open space of the adjoining property to the south of the site.

Consequently, the proposal is considered to be unsatisfactory in terms of overshadowing, given thatsolar access could be maintained to the rear yard of the adjoining property to the south as requiredby the provisions of Performance Criteria No. 16 under Part 5.2.3 of the Woollahra ResidentialDCP 1999.

Site excavation

Performance Criteria No. 18 under Part 5.2.3 of the Woollahra Residential DCP 1999, requires theouter edge of excavation, piling and all sub-surface walls to be at least 1.5 metres from anyboundary. The proposed excavations of the existing underground car parking spaces at the south-eastern corner of the site to create two additional spaces would not comply with this requirement.

9.1.6 Open space and landscaping performance criteria

In accordance with the Woollahra Residential DCP 1999 the proposal is required to provide alandscaped area of 178m5 (or 30% of the total site area). The proposal complies in this regard.Although the proposal complies with the minimum open space and landscaping area, performancecriteria P1 requires residential flat development to provide a minimum deep soil landscaped area of40% (or 237m²). The proposal provides for a maximum deep soil landscaped area of 170m² anddoes not comply with this requirement.

9.1.7 Fences and walls performance criteria

The proposed 1 metre high paling fence fronting Manning Road above the existing sandstoneretaining wall would comply with Performance Criteria No.6 stipulated under Part 5.4 of WoollahraResidential DCP 1999.



9.1.8 Views performance criteria

The proposed works are considered to be satisfactory with regard to the performance criteriastipulated under Part 5.5.3 of the Residential DCP 1999.

9.1.9 Energy efficiency performance criteria

The proposed are subject to the energy efficiency requirements stipulated under Part 5.6 of theWoollahra Residential DCP 1999. At this stage no NatHERS assessment has been submitted withthe application although could be required by conditions were approval recommended.

Access to sunlight

Performance criteria P8 under Part 5.6 requires north-facing windows to habitable rooms ofneighbouring dwellings to not have their access to sunlight reduced to less than 3 hours between9:00am and 3:00pm on 21 June.

As the existing site is currently vacant, the northern facing windows of the ground floor unit thatadjoins the site to the south (29B Manning Road), currently enjoys uninterrupted access to naturalsun-light. There are two habitable room windows which would be adversely affected by theproposed development and would not receive the minimum requirement of access to sunlight asspecified by the Residential DCP.

The submitted shadow diagrams indicates overshadowing to this property at midwinter, and at theequinox between the hours 12noon and 3pm.

Bearing mind the developments non-compliance with the minimum southern side setbackrequirements (see section 9.1.5) it is considered that the extent of overshadowing could besubstantially reduced were the building re-designed to comply with the minimum setbackrequirement.

9.1.10 Stormwater management performance criteria

Subject to conditions, the proposal is considered to satisfy the relevant performance criteria andobjectives stipulated under Part 5.7 of the Woollahra Residential DCP 1999.

9.1.11 Acoustic and visual privacy performance criteria

The proposed development is considered to be consistent with the performance criteria listed underPart 5.8.3 of the Woollahra Residential DCP 1999.

9.1.12 Access and mobility performance criteria

The proposed development complies with the provisions of Part 5.9 of the Woollahra ResidentialDCP 1999.

9.1.13 Car parking and driveways performance criteria

The proposed development provides for the location of four off-street car spaces. In accordancewith Council’s off-street car parking requirements the proposal would require one additional visitorcar space which is not (and probably can not be) provided for on site. Consequently, the proposaldoes not comply with the minimum off-street parking requirements.



Also, excavation for the underground car park will occur outside of the building footprint of theresidential flat building and does not comply with Performance Criteria No.1 under Part 5.10 of theWoollahra Residential DCP 1999.

9.1.14 Site facilities performance criteria

The proposal makes adequate provision for site facilities such as a mail box within the front fencestructure, garbage storage area within the garage, lockable storage space within the garage, andproviding adequate area for a clothes drying area within the courtyard.

9.1.15 Construction and site management performance criteria

The proposed is considered to be satisfactory with regard to the relevant performance criteriastipulated under part 5.14 of the Woollahra Residential DCP 1999.


Previously addressed under section 9.1.13.


The proposal is considered to be satisfactory with regard to the provisions of Council’s FencingCode.


None applicable.


All likely impacts of the proposal have been assessed elsewhere in this report.


Although the site is zoned Residential 2(b) and is surrounded by residential flat buildings, the site isunsuitable for the proposed development for the following reasons:

1. The proposed development does not fulfil the objectives of the zone and so and does notcomply with Clause 8(5) of Woollahra LEP 1995.

2. The proposal does not fulfil the objectives of Clauses 11AA and 12AA and does not complywith the provisions of Clauses 11 and 12 of Woollahra LEP 1995 with respect to themaximum permissible floor space ratio and building height development standards.

3. The proposal does not comply with the provisions of the Woollahra Residential DCP 1999with respect to:§ setbacks,§ sub-surface excavations,§ provisions of adequate deep soil landscaping, and§ car parking.§ overshadowing

4. The proposal will adversely affect the amenity of adjoining properties with respect toovershadowing and general amenity.



13. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising andNotifications DCP. In response, two objections were received from the following:

1. Cooper Park Apartments Pty Ltd – 29B Manning Road, Double Bay.2. Moody and Doyle, Town Planners – representing owners in 29B Manning Road, Double Bay.


§ The development must be considered as an independent new development application and must,as such, meet all Council’s current criteria.

This is generally concurred with. The proposal has been assessed based on the site being currentlyvacant. See section 4 of this report titled “History”.

§ Shadow diagrams show existing and increased overshadowing. However as there is no buildingon the site at the moment, all overshadowing must be considered as ‘increased’ shadowing. Theground floor of unit 29B Manning Road will be adversely affected by overshadowing. Thiscould be reduced were the development to comply with side setback requirements and theoverall height reduced to also comply with Council’s LEP.

The issue of overshadowing has been addressed previously in this report (see sections 9.1.5 and 11).To the extent of the issue of non-compliance with Council’s requirements, although the proposalwould otherwise comply with the numerical provisions with respect to overshadowing, access tonatural daylight would be marginally increased to the habitable rooms of adjoining properties werethe proposed development to comply with the minimum setback requirements.

§ Roof height exceeds height limit by 0.4 to 0.6 metres. This extra height is one factor in theproblem of overshadowing.

The objection is concurred with and this issue has been previously addressed in section 7.5 and 7.7of this report.

§ The southern side boundary of the building is far too close and does not comply with Council’sminimum setback requirements.

The objection is concurred with and has previously addressed in section 9.1.5 of this report.

§ The rear setback does not comply – again ‘original’ building cited.

The objection is concurred with and has previously addressed in section 9.1.5 of this report.

§ The floor space ratio exceeds Council’s requirements and results in adverse impacts includingovershadowing.

The objection is concurred with and has previously addressed in section 7.6 and 7.7 of this report.

§ The applicant has argued that the building will be on the same footprint as the original. Allfootings or trenches that are now present were built after demolition of the original building.



This is generally concurred with. The development has been assessed in this report as if the sitewere considered to be vacant. Although the overall building footprint complies with Council’srequirements (see compliance table in section 9.1), the location of the footprint does not complywith setback requirements and is one of the reasons for refusing development consent.

§ The plans show that, of the small existing sections of wall at the front of the development site,all but one length will be demolished during construction, thereby making a nonsense of the“original/existing building” argument.

This is generally concurred with. The development has been assessed in this report as if the sitewere considered to be vacant.

§ The survey plan submitted with the application (dated 8 May 2003) shows the location ofexisting walls which were demolished before the end of 2002. Is this a current survey, or an oldone with a new date on it?

§ As part of the previous development consent, the applicant was given some discretion inrelation to a number of planning requirements due to the fact that part of the existing buildingwas to be retained. Despite the fact that the site is now vacant and the previous consent inCouncil'’ view has become “void”, the applicant still seeks variation of Council’s requirementsdue to the previously existing building. Accordingly, no discretion should be given to theapplicant to vary Council’s requirements.

The development has been assessed in this report as if the site were considered to be vacant.

§ Overshadowing to the south could be alleviated by applying Council’s requirements,particularly in relation to building footprint, floor space ratio, height and setbacks from side andrear boundaries.

The objection is generally concurred with. The issue of non-compliance with the various parts ofCouncil’s requirements has been addressed in sections 7 and 9 of this report.


The proposal is unacceptable against the relevant considerations under s79C and would not be inthe public interest. The proposed development would generally not comply with the aims andobjectives of Woollahra LEP 1995 with respect to floor space ratio standards, maximum buildingheight development standards and does not comply with clauses 8(5), 11 and 12.

In addition, the proposal does not comply with many of the objectives and guidelines of theWoollahra Residential DCP 1999 and Council’s Car Parking DCP as detailed in this report.


THAT Council, as the consent authority, refuse development consent to Development ApplicationNo. DA 696/2003 for construction of a new residential flat building with associated car parking onland at 29 Manning Road, Double Bay, for the following reasons:

1. The proposed development does not fulfil the objectives of the zone and so and does notcomply with Clause 8(5) of Woollahra LEP 1995.



2. The proposed development does not fulfil the objectives of floor space ratio standards and sodoes not comply with Clauses 11AA and 11 of Woollahra LEP 1995.

3. The proposed development does not fulfil the objectives of maximum building heightdevelopment standards and so does not comply with Clauses 12AA and 12 of Woollahra LEP1995.

4. The proposal does not comply with the performance criteria and objectives of WoollahraResidential DCP 1999 section 5.2.3 with respect to setbacks

5. The proposal does not comply with the performance criteria and objectives of WoollahraResidential DCP 1999 section 5.2.3 with respect to sub-surface excavations.

6. The proposal does not comply with the performance criteria and objectives of WoollahraResidential DCP 1999 section 5.3.3 with respect to adequate deep soil landscaping.

7. The proposal does not comply with the performance criteria and objectives of WoollahraResidential DCP 1999 section 5.10.3 with respect to car parking.

8. The proposal does not comply with the performance criteria and objectives of WoollahraResidential DCP 1999 section 5.2.3 and 5.6.3 with respect to overshadowing.

9. The development proposal is not in the public interest.

Vince Hardy Lewis AdeyASSESSMENT OFFICER TEAM LEADER

ADVISINGS

Appeal

1. Council is always prepared to discuss its decisions and, in this regard, please do not hesitate tocontact Mr Lewis Adey. 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 appealsthrough a Section 34 Conference, instead of a full Court hearing. This approach is lessadversarial, it achieves a quicker decision than would be the case through a full Court hearingand it can give rise to considerable cost and time savings for all parties involved. The use ofthe Section 34 Conference approach requires the appellant to agree, in writing, to the Courtappointed assessor having the full authority to completely determine the matter at theconference.

ANNEXURES

1. Plans and elevation




ITEM No. D6


ADDRESS: 52A Wunulla Road POINT PIPER 2027

PROPOSAL: Rebuilding of original walls.

TYPE OF CONSENT: Local

APPLICANT: Ms M Rose

OWNER: Mrs M L Rose


AUTHOR: Mr T Wong

LOCALITY PLAN

SubjectSite

Objectors

North

Locality Plan



1. SUMMARY

Reason for report

The proposal involves the rebuilding of original walls which were shown as being retained as perthe approved Development Application DA685/2001 for alterations and additions to a dwelling onland with a water frontage. Accordingly, the application is forwarded to Council’s DevelopmentControl Committee for determination.

Issues

- Setbacks- Linkage with DA685/2001

Objections

Four (4) objections were received.

Cost of works

The stated cost of the proposed work of $8,000 has been checked using the standard criteriaspecified in the Cordell Building Guide and is considered to be accurate.

Recommendation

The application is recommended for approval because it:

1. is permissible under the zoning;2. satisfies the relevant planning objectives in WLEP 1995 and RDCP 1995;3. is an appropriate design for the site; and4. will not have adverse effects on the amenity of adjoining properties such that refusal is

justified.


The proposal is to rebuild the original walls which were pulled down during the demolition of theoriginal building on the site. These walls were shown as being retained as per the approveddevelopment application DA685/2001.


The site is a battle-axe allotment with an area of 550.1m² and a 33m long driveway frontage of3.1m to Wunulla Road.

The site was originally occupied by a two storey dwelling by the Harbour foreshore, which formsthe property’s north-western boundary. The building has been completely demolished and the siteis currently vacant.

There is a drop of approximately 6.5m from Wunulla Road to the lowest point on the site which islocated adjacent to the sea wall.



Surrounding development consists of a mixture of large, older style, and contemporary dwellinghouses.

4. PROPERTY HISTORY

A development application DA685/2001 for alterations and additions was approved on 17December 2001. According to the approved DA, the subject walls in the current application wereshown as being retained. The Assessment Report considered at the DCC Meeting of 10 December2001 is attached as Annexure 2.

During the partial demolition of the original building, the walls were also pulled down. Theapplicant then submitted to Council a s96 modification application in order to rebuild these walls.However, Council advised the applicant that as the proposed modification could not be consideredsubstantially the same development, a new development application would be required.Subsequently, the s96 modification application was withdrawn and the current developmentapplication was submitted on 13/11/2003

5. LEGAL ADVICE

Due to increasing amount of cases similar to the current DA, legal advice was previously sought.Council is advised that whilst s96 would not be applicable to rebuild walls which were shown asbeing retained as per an approved DA, a new DA for 'new walls to replace those demolished' maybe submitted by the applicant. If such a DA is approved and implemented the original DA foralterations and additions may be implemented immediately following this. The end result will beexactly as approved originally by the alterations and additions consent.

This should not be seen as a 'back door' approach to rely on previous non-compliances because theassessment process will be essentially the same as for a new dwelling. The DA for walls must beassessed in conjunction with the DA for alterations and additions. The difference is that Councilmust now assess the amenity impacts of those new walls. It must also be intrinsically linked to thealterations and additions DA because approval of walls on their own would serve no planningpurpose and would be contrary to the objects of the Act.

To complete this linkage Council is advised that it is appropriate that, if the 'new walls' DA isapproved it should include a condition requiring implementation of the previous alterations andadditions DA immediately following implementation of this DA. If the new walls DA is refusedthen the alterations and additions DA remains void and can never be implemented. The applicant'sonly option then is to submit a complying DA for a new building.

6. REFERRALS


Not applicable.

6.2 Building

Not applicable.


Not applicable.




Not applicable.


Not applicable.




7.1 SEPPs

State Environmental Planning Policy No. 55 - Remediation of Land

Council under Clause 7(1) of the SEPP is required to consider:

(a) whether the land is contaminated;(b) if contaminated, is the land suitable in its contaminated state for the proposed development

and use;(c) if the land requires remediation to be made suitable for the proposed development, will the

land be remediated before the land is used for that purpose.

The land was previously used for residential purposes. Furthermore, there is no evidence before theCouncil to suggest that the land has been used for any non-residential purposes in recent years.Consequently, the possibility of the land being contaminated is substantially reduced. Furthermore,it is considered that Council can be satisfied that the land is not contaminated such that remediationwould be required.

SEPP No. 56 – Sydney harbour Foreshores and Tributaries

This policy applies to the proposal. The Policy seeks to co-ordinate the planning and developmentof land comprising the foreshores of Sydney Harbour and its tributaries. The relevant Principles areas follows;

g) the protection and improvement of unique visual qualities of the Harbour, its foreshoresand tributaries:

With regard only to the extent of the proposed rebuilding of walls, the proposal would notcontribute to the visual qualities of the Harbour, its foreshores or tributaries. However, it isnoted that these walls form part of the essential structural elements of an approved dwelling(i.e. DA685/2001) which was also considered satisfactory with respect to this policy. It isunlikely that these walls would be built without completing the construction of the originallyapproved proposal. Subject to Condition No. 2 which requires the implementation of therebuilding of the walls be in conjunction with the proposal as approved under DA685/2001,the current proposal is considered satisfactory in this regard.



j) the scale and character of any development, derived from an analysis of the context ofthe site:

As stated above, the proposed rebuilding of walls would be implemented with the originallyapproved dwelling which will maintain the scale and bulk of the dwelling as approved interms of its position upon the Harbour and surrounding development.

7.2 REPs

SREP No. 23 – Sydney and Middle Harbours

The subject site is located upon land to which SREP No. 23 applies and is adjacent to the W1General Waterways Zone. Council is required to take into consideration the following matters,prior to determination:

• The appearance of the development from the waterway and the foreshores:

This has been discussed in Section 6.1 above under SEPP No. 56.

• Whether the development will cause pollution or siltation of the waterway to anextent that would jeopardise any existing or potential uses of the waterway:

The proposed works would not result in any pollution or siltation of the waterway.

• Whether the development will have an adverse effect on wetlands or flora or faunahabitats:

There are no wetlands in the vicinity of the site.

• The noise likely to be generated by the development and any adverse effect thatany such noise would have on existing uses of the waterway or nearby land:

The proposed works are not considered to give rise to any adverse impacts on the acousticprivacy of adjoining development.

• Whether the development will have an adverse effect on drainage patterns orcause shoreline erosion:

The proposed works would not unreasonably affect existing drainage patterns or causeshoreline erosion.

• Whether the development will cause excessive congestion of, or generate conflictsbetween, people using the waterways or the waterfront:

The proposal will not cause congestion of, or generate conflicts between, people using thewaterways or the waterfront.

• The demand for storage space for boats on the Harbours or on Parramatta River:

This is not applicable to this assessment.



• Whether the development warrants a foreshore location:

There was originally a dwelling on the site. The location is considered acceptable.


Not applicable.


None applicable.



The proposal is permissible and is consistent with the aims and objectives of the LEP and therelevant objectives of the Residential 2(a) zone



Overall Height (metres) N/A 6.3 9.5 YES

FSBL (metres) N/A 12.1 12 YES

8.3 Height

The proposed height does not exceed the statutory height control and would comply with theobjectives of the development standard.

8.4 FSBL

The proposal does not encroach upon the FSBL.


Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2).


Draft Woollahra LEP 1995 (Amendment No.45) – Accessibility and the Draft DCP is applicable tothe proposal.

Draft Amendment No.45 refers to the Draft Accessibility DCP for specific standards. The DraftAccessibility DCP ‘encourages visibility’ (accessibility for the disabled) to dwelling houses. Due tothe extent of the proposal, it is considered conditioning visibility into the development would beover onerous.



There are no other draft Woollahra LEP amendments that apply to this site or to the proposeddevelopment.




Building Boundary Setbacks (metres):Front (South-East)Rear (North-West)Side (South-West)Side (North-East)

N/A (building demolished)N/A (building demolished)N/A (building demolished)N/A (building demolished)

34.3m12.1m

1m1m

Predom.3m1m1m

YESYESNONO

Solar Access to Ground Level OpenSpace of Adjacent Properties

> 50%> 2.5m

> 50%> 2.5m

50%Dimension –

2.5mYES

Solar Access to North-Facing LivingAreas of Adjacent Properties (Hours inmid winter)

> 3 > 3 3 YES


Although the proposed side setbacks do not comply with the RDCP’s requirements, the proposedrebuilding of walls would not result in adverse impacts to the adjoining properties in terms ofovershadowing. As such, the proposal is considered to be satisfactory with regard to the objectivesstipulated under Part 5.2 of the RDCP 1999.


The proposed rebuilding of walls would not lead to adverse impacts upon the existing public orprivate views.


The rebuilding of the northeastern wall would allow for a large opening for a balcony to the guestroom on the upper ground floor which would directly overlook onto the private open space of theimmediate adjoining property to the northeast. As such, Condition No. 3 is recommended to deletethis balcony from the proposal. It is noted that the rebuilding of southwestern wall would result intwo windows to the master bedroom on the upper ground floor. However, as these windows areseparated by the existing bay of the harbour to the southwest providing sufficient physical distanceto the adjoining property, the possible impact upon privacy of the adjoining property is consideredminimal and acceptable.

In view of the above, with the imposition of Condition No. 3, the proposal is considered to besatisfactory with regard to the objectives stipulated under Part 5.8 of the RDCP 1999.


This has been discussed in Section 6.1 above under SEPP No. 56.




Not applicable.


DCP for SREP 23

The proposal complies with the objectives of DCP for SREP 23 – Sydney Harbour and ParramattaRiver DCP in the following manner:

- The development will not affect public access to the waterway;- The development will not increase congestion and cause conflict of the waterway and

foreshore;- The development will not interfere with navigation, swimming or other recreational activities;- The development will not affect the natural flow of tides and currents;- The development will not dominate the existing landscape setting.

It is considered that the proposed dwelling meets the criteria for built form set out in Section 4.5 ofthis DCP as the proposed development is considered to be compatible with the locality and willenhance the existing setting.


Not applicable.


All likely impacts of the proposal have been assessed elsewhere in this report.


The site is suitable for the proposed development subject to conditions.

14. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising andNotifications DCP. Four submissions were received from:

- J. Muston of 50 Wunulla Road- Lavinia Robson of 1/52 Wunulla Road- Sharon Ivany of 2/52 Wunulla Road- Kosmin & Associates on behalf of 2/52 Wunulla Road


- The rebuild of wall will result in a ‘new residence’ rather than ‘alterations and additions’ asoriginally approved



It is noted that the proposed rebuilding of walls, which are required to be retained as per the originalconsent to DA685/2001, would, in essence, lead to a new dwelling. However, having regard to theabove assessment and Council’s Legal advice in this regard, with the imposition of Condition No.2 which requires implementation of the proposed rebuilding of walls together with the originalconsent, this resultant dwelling is considered acceptable.

- Foreshore Building Line

The proposed works do not encroach upon the 12m foreshore building line.

- Right of Way and Height Covenant

In determining a development application, Council must take into account of the planning merit ofthe application under relevant legislation, Act, statutory planning instrument and any relevantCouncil’s DCPs, codes or policies. Any private covenant or agreement made between any partiescannot prevent the granting of development consent.

- Validity of the conditions imposed with the original development consent (DA685/2001)

As the current Development Application is to be implemented in connection with DA685/2001, allconditions as stipulated in that consent would remain valid and unchanged.


The proposal is acceptable against the relevant considerations under s79C and would be in thepublic interest.


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 986/2003 for rebuilding of walls on land at 52A Wunulla Road Point Piper, subjectto the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered DA01/C to DA03/C,dated 12/11/2003, drawn by Philippa Judge Design, all of which carry a Council stamp“Approved DA Plans” and the signature of a Council officer, except where amended by thefollowing conditions.

2. Relationship with Development Application DA685/2001

Following the implementation of this consent, the proposal as per development consent toDA685/2001 for alterations and additions including demolition and replacement of existingrear terraces, replacement of existing pool, internal alterations and new gate to Wunulla Roadmust be carried out immediately to comply with Section 5 of the Environmental Planning andAssessment Act.



3. Privacy

In order to maintain the privacy of the adjoining property, the balcony and window in thenortheast elevation to the guest room on the upper ground floor shall be deleted. Details areto be submitted with the application for Construction Certificate.

4. Invalid elements of DA685/2001

All works shown in colour on plans approved by this consent shall be deleted fromDA685/2001, i.e. those walls and works shown as existing on that DA and any proposedworks within those walls.







6. Structural adequacy

A statement from a qualified practising Structural Engineer, certifying to the adequacy of theexisting structural members, walls and footings to support the additional loads imposed by theproposed development, must be submitted with the Construction Certificate application.

















Throughout the remediation and construction period, Council’s warning sign for soil andwater management must be displayed on the most prominent point of the building site, visibleboth from the street and site.


13. Stockpiles









16. Footpath levels



























Note:The amount referred to in paragraph (a) (iv) above is prescribed by regulations under theHome Building Act 1989. As at the date on which this Regulation was Gazetted, thatamount was $5,000. As those regulations are amended from time to time, so thatamount may vary.














Mr T Wong Lewis AdeyASSESSMENT OFFICER TEAM LEADER

ADVISINGS

1. Other approvals

This development consent does not remove the need to obtain any other statutory consent orapproval necessary under any other Act.



WARNING: Failure to obtain a Construction Certificate prior to thecommencement of any building work is a serious breach of Section 81A(2) of theEnvironmental Planning & Assessment Act 1979. It is also a criminal offence whichattracts substantial penalties and may also result in action in the Land andEnvironment Court and orders for demolition.



3. Occupational Health and Safety







Where tree work has not been approved by this Development Consent the developer isnotified that a general Tree Preservation Order applies to all trees in the Municipality ofWoollahra with a spread of branches greater than three (3) metres and also on all trees,irrespective of the spread of branches, with a height greater than five (5) metres. This orderprohibits the ringbarking, cutting down, topping, lopping, pruning, transplanting, injuring, orwilful destruction of such trees except with the prior written consent of the council. Writtenconsent from Council for such tree works must be in the form of a Tree Preservation OrderPermit for Pruning or Removal of Protected Trees obtained from the Parks and StreetscapeSection of Council.






The classification of the building pursuant to the Building Code of Australia is 1a.



10. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate tocontact Mr T Wong. 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 appealsthrough a Section 34 Conference, instead of a full Court hearing. This approach is lessadversarial, it achieves a quicker decision than would be the case through a full Court hearingand it can give rise to considerable cost and time savings for all parties involved. The use ofthe Section 34 Conference approach requires the appellant to agree, in writing, to the Courtappointed assessor having the full authority to completely determine the matter at theconference.

ANNEXURES

1. Plans and elevation2. Assessment Report of DA685/2001 considered at the DCC Meeting of 10 December 2001



SECTION 82A REVIEW OF DETERMINATION REPORT

ITEM No. D7


ADDRESS: 39 Bathurst Street WOOLLAHRA

PROPOSAL: Excavation of front garden to allow construction of a new doublegarage. Alterations and additions to existing residence to providenew first floor addition.

DATE DA DETERMINED: 14 May 2003

SUBJECT OF REVIEW: Review of Condition 2 requiring the deletion of the garage andterrace

DATE S82A REVIEWAPPLICATION LODGED:

2 September 2003

APPLICANT: Mr S G Cuthbert

OWNER: Mr S G Cuthbert & Ms B L Rowe

REVIEW OFFICER: Mr Simon Taylor

LOCALITY PLAN

subject site

objectors

north



1. SUMMARY

Reason for report

The application for a review of determination was to be referred to the ApplicationAssessment Panel according to the requirements of Section 82A of the EP&A Act 1979 as theconsent was originally issued under staff delegation. However, the application was called tothe Development Control Committee by Councillor Wrublewski, seconded by CouncillorCrawford due to reasons of non-compliance with the Woollahra RDCP 1995.

Issues

• streetscape• street trees• heritage

Objections

Two (2)

Recommendation

The application is recommended for approval because: -

1. it is permissible with regard to the Woollahra LEP 19952. it is acceptable with regard to the Woollahra RDCP 19993. it will provide suitable replacement planting that is more appropriate within the

streetscape of Bathurst Street4. it will result in a net gain of one parking space

2. BACKGROUND

The original development application was lodged with Council on 26 September 2002. Twoletters of objection were received as a result of the notification period, however, these wereaddressed by condition and the application was assessed under staff delegation. Consent wasgranted on 14 May 2003 with Condition 2 requiring the deletion of the proposed garage androof terrace above, fronting Bathurst Street.

A review of determination was lodged on 2 September 2003, seeking the deletion ofCondition 2 from the notice of determination so that the garage and roof terrace could beconstructed. The height of the garage was slightly modified to minimise the impact on thestreetscape.

The application was referred to Council’s Development Control Committee on 8 December2003 but was deferred to the meeting of 19 January 2003 for the following reasons: -

THAT Council, defer consideration of the application to review Council’s determinationto retain Condition 2 of development consent Development Application No. 793/2002for alterations and additions to the existing dwelling house on land at 39 BathurstStreet Woollahra, to allow for further comment from Councils Trees Officer. Theapplication to be considered by the Development Control Committee at its meeting on19 January 2004.



Further comments from Council’s Trees Officer have been received and are included inSection 6.3. The original assessment report is attached as Annexure 1.

3. DESCRIPTION OF PROPOSAL SUBJECT OF REVIEW

The original development application involved: -

• the addition of a new attic floor consisting of two new bedrooms with en-suite andbalconies

• a new bathroom on ground floor• a new double garage with landscaped terrace above and associated crossing• a new roof (partial)

4. DESCRIPTION OF PROPOSED REVIEW

The section 82A review seeks the deletion of Condition 2 of DA793/2002/1, which is asfollows: -

2. Deletion of Garage and Roof Terrace

As the proposed garage does not comply with Clause13.1 of RDCP 1995 and isintrusive to the streetscape and Conservation Area, the proposed garage, roof terraceabove and vehicular crossover shall be deleted from the proposal. This amendment tobe shown on plans submitted with the application for Construction Certificate.

The proposal has been modified slightly so to better comply with the relevant controls.

5. COUNCIL’S STATUTORY RESPONSIBILITIES UNDER S82A

Under Section 82A of the Environmental Planning and Assessment Act 1979, an applicantmay request Council to review a determination of a development application, other than for:

(a) designated development,(b) integrated development; or(c) state significant development

The request for review must be made within 12 months after the date of determination and thereview must occur in the following way:

(a) If the determination was made by a delegate of Council – the review must beundertaken by Council or another delegate of Council that is not subordinate tothe delegate who made the determination, or

(b) If the determination was made by full Council the review must also be undertakenby full Council.

Upon making a determination of the review application, the following must be undertaken:

• If upon review, Council grants development consent, or varies the conditions of adevelopment consent, it must endorse on the notice of determination the date fromwhich the consent, or the consent as varied by the review, operates.

• If upon review, Council changes a determination in any way, the changeddetermination replaces the earlier determination as from the date of the review.

Council’s decision on a review may not be further reviewed under section 82A.



6. CONSIDERATION OF REVIEW

6.1 Substantially the same development

Council is required to be satisfied that any amendments proposed as part of the Section 82Areview would still result in substantially the same development as the development the subjectof the determination to which the review request relates.

The development is considered to be substantially the same, as the review does not involveany major alteration to the original plans.

6.2 Woollahra Local Environmental Plan 1995

Site Area (300.6m²) Original Design Section 82AAmendment

Control Complies

Height of Garage 4.0m (garage)3.0m (garage)

4.6m (balustrade) 9.5m YES

Height

The height of the garage has been reduced by 1.0m to 3.0m whilst a wrought iron fence willbe built to a height of 4.6m above the street level. The proposal is acceptable with regard toClause 12 and 12AA of the Woollahra LEP 1995.


The proposed excavation to accommodate the new garage was considered acceptable as partof the assessment of DA793/2002/1. Refer to Conditions 35, 36 and 38-40.

Clauses 28 Heritage conservation areas

The subject site is not listed as a heritage item nor is it located in the vicinity of a heritageitem. It is, however, located within the Woollahra Heritage Conservation Area. Council’sHeritage Officer, Zoltan Kovacs, provided the following comment in the original assessmentof the proposal: -

The location of the proposed garage and roof terrace has an intrusive impact on thetraditional development pattern and function by removing the existing front garden andwrought iron balustrade. It also intrusively affects the streetscape contribution of theplace by altering its proportions and reducing its visibility from the public domain. Theadjacent existing garage at No. 41 is intrusive and it does not provide an appropriateprecedent.

The proposed garage and roof terrace should be deleted from any determination as theyaffect the streetscape contribution of the place in an intrusive manner.

It is considered that the amended plans, which show the inclusion of planter boxes and thereduction in height of the wall at the immediate vicinity of Bathurst Street, would alleviate theintrusive elements of the wall, partially improve the visibility of the dwelling from the publicdomain and retain elements of the front garden.

Council’s Heritage Officer has, however, stated that his original comments remain. Refer toSection 6.3 for further discussions on this issue.



6.3 Woollahra Residential Development Control Plan 1995

Site Area (300.6m²) ExistingApproved

DASection 82AAmendment

Control Complies

Soft Landscaping At/or NearGround Level <1/3 Unchanged

1/3 of UnbuiltUpon Area NO*

Front Boundary Setbacks(Garage) Nil Predominant YES

Location of Parking StructuresIn front of

building lineBehind frontbuilding line NO

Max Width of Parking Structures37.3%(3.6m)

40%(3.86m) YES

Max Width of Driveways

NADeleted viaCondition 2of 793/2002

43.5%(4.2m)

40%(3.86m) NO

Siting of Development criteria

The garage would be located forward of the front building line with a nil setback to BathurstStreet. It would, however, be located on the high side of the street and in the vicinity ofsimilar single and double garages both north and south of the subject site. It is thereforecompatible with the character of the eastern side of Bathurst Street and is consideredacceptable with regard to siting of development criteria of the Woollahra RDCP 1995.

Open space criteria

The original comment with regard to DA793/2002 from Council’s Trees Officer resisted theloss of the paperback street tree (refer to original assessment report). However, upon review,the retention of these trees has been considered to be less significant.

Council’s Team Leader of Trees and Landscaping notes that in recent years, Council hasconsidered that the Broadleaved Paperbark Tree (Melaleuca quinquenervia) is not in characterwith Bathurst Street and will result in the increased incidence of infrastructure damage. Asgeneral policy, Council plants only Firewheel Trees (stereocarpus sinuatus) within BathurstStreet. This has been the practice for approximately the last twenty years.

Accordingly, Council’s Trees Officer, David Grey, provides the following review of theproposal: -

Council’s Tree and Landscape Officer has determined that the development proposal issatisfactory in terms of tree preservation and landscaping, subject to conditions.

Accordingly, refer to Conditions 6, 7, 8, 35 and 36.

Garages, car parking structures and driveways criteria

The double garage would appear as a single car garage to the street with a single streetcrossing. It would be located on the high side of the street and be built into the existingretaining wall. There would be an additional 0.8m high wall to the street with a further 0.6mhigh planter box. However, the amended plans showing planter boxes and a greater setbackare seen to soften the potential increase in bulk when viewed from Bathurst Street. It istherefore considered acceptable with regard to Clause 13.1 of the Woollahra RDCP 1995.

The proposed garage itself would be located in the vicinity of several similar single anddouble garages: -



Bathurst St Type of Garage29 Single31 Double33 Double35 No garage37 No garage41 Double43 Single45 No garage

The proposal also seeks to remove the existing finish from the sandstone wall and return theappearance to its original fabric, similar to that of the adjoining property to the south. As aresult, it would be compatible with the character of the eastern side of Bathurst Street and isconsidered acceptable with regard to Clause 13.1 (b) of the Woollahra RDCP 1995.

Clause 13.1 (c) requires a maximum garage and driveway frontage to Bathurst Street of 40%or 3.86m. The driveway would have a minor non-compliance of 0.34m, which is otherwiseacceptable with regard to the objectives of Clause 13.0. As the garage would be built withinthe existing retaining wall, the garage door is considered to constitute the parking structure.As such, it is considered acceptable with regard to Clause 13.1 (c) of the Woollahra RDCP1995.

The revised proposal is therefore considered acceptable with regard to the garages, carparking structures and driveways criteria of the Woollahra RDCP 1995.

6.4 Woollahra facades policy

Building classification A2: Buildings of Significant Area and Streetscape Significance.

Site Area (300.6m²) ExistingApproved

DASection 82AAmendment

Control Complies

Front Boundary Setbacks(Garage) NA Deleted Nil Predominant YES

Car Parking Nil 0 spaces 2 spaces 2 spaces YES

The proposal is acceptable as it provides two off-street car spaces and is supportive of theconservation planning objectives in Clauses 2.5, 2.6 and 2.9 of the Woollahra Facades Policy.


Council’s Technical Services Officer, Robin Howard, provided the following comment in theinitial assessment of DA793/2002. As the garage was considered to be acceptable and thedimensions of the garage have not been altered, the assessment remains applicable within thesection 82A review.

Traffic commentsThe proposal will generally remove 1 on street parking space (considering that at mostvehicles will be able to park between the new driveway and driveway to the north). Thegarage is to hold two vehicles. There will generally be a net increase in availableparking and the proposal is considered satisfactory in this respect.



Vehicle Access & Accommodation commentsAccess to the northern most space within the garage will be at a slightly oblique anglegiven the close proximity of the tree to the new driveway. The double garage dimensionscomply with Australian Standard 2890.1 "Off Street Car-Parking", except that thegarage door will need to be increased by at least 50 mm. This is a very minor non-compliance and can be conditioned to comply. I would like to see it a minimum of 5metres to allow efficient access.

I have checked access and manoeuvrability into the proposed garage and believe thatthe garage will be functional. Conditions are to be applied as shown relating to thegarage.

Accordingly, refer to Condition 37.

7. THE LIKELY IMPACTS OF THE MODIFIED DEVELOPMENT

All likely impacts of the proposal have been assessed elsewhere in the report.

8. SUBMISSIONS

The Section 82A Review was advertised and notified from 10 September 2003 to 24September 2003 in accordance with Council’s Advertising and Notifications DCP. Inresponse, two objections were received from the following:

1. Don and Rosie White of 34 Bathurst Street, Woollahra2. M V and J C Harvey of 37 Bathurst Street, Woollahra

Objections were received from both of the above parties in the notification of the initial DA.The letters raised the following issues as confirmation of their original concerns: -

• Impact on aesthetics

This is assessed above in Section 6.2 (Clause 28 Heritage Conservation Areas) and Section6.3 (Garages, car parking structures and driveways criteria).

• Loss of on-street parking for other residents

The driveway opening is 4.2m wide. Subsequently, there is a loss of one car space onBathurst Street. As the proposal involves the addition of two off-street car spaces, there is anoverall net gain of one space.

• Potential adverse impact on the Melaleuca street tree

The removal of the street tree has been considered acceptable, provided that suitablereplacement planting is provided. This is addressed in Section 6.3.

• The opening in the original retaining wall is contrary to Section 4.5.1 of the draftWoollahra Heritage DCP.

Whilst this is taken into account in the Heritage Officer’s assessment of the proposal, the draftWoollahra Heritage Conservation Area DCP is not applicable to the section 82A review.



9. CONCLUSION

Council’s Heritage Officer does not consider the proposal to be acceptable, as it is intrusive inthe traditional pattern of development by removing the garden and balustrade from the frontyard. It will also involve an increase in the height of the sandstone wall and detract from theappearance of the dwelling from the public domain. Whilst this is particularly true, it is: -

• altered in design to lower the garage roof and provide greater planting to the street• considered to be acceptable within the streetscape as it is compatible with the existing

streetscape character of single and double garages,• supportive of Council’s Off Street Car Parking Code by establishing two off street car

spaces with a single driveway crossing• supportive of Clause 13 of the Woollahra RDCP 1995.• considered acceptable by Council’s Trees Officer with regard to the loss of existing

street trees; and• considered acceptable by Council’s Technical Services Officer with regard to car

parking dimensions and excavation processes.

The proposal can be considered acceptable against the relevant considerations under s79C andwould be in the public interest.

10. RECOMMENDATION: Pursuant to Section 82A of the Environmental Planningand Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 793/2002 for the review of Condition 2 requiring the deletion of the garageand terrace on land at 39 Bathurst Street Woollahra, subject to the inclusion of the followingconditions: -

The deletion of Condition No. 1 and replacement with the following: -

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered 2818/DA/06A,2818/DA/08A and 2818/DA/09A, dated 14 March 2003 and drawn by Figgis &Jefferson and works, shown in colour, on plans numbered 2818/DA/05B, 2818/DA/07Band 2818/DA/09B, dated 28 August 2003 and drawn by Figgis and Jefferson, all ofwhich carry a Council stamp “Approved DA Plans” and the signature of a Councilofficer, except where amended by the following conditions.

The deletion of Condition Nos. 6, 7, 8, and replacement with the following: -


Approval is not granted for the removal of the following trees, which Council hasdetermined to be significant landscape elements. Where indicated a Tree PreservationBond is required to be lodged with Council. The Bond has been applied in accordancewith Council’s policy regarding the bonding of trees on or adjacent development sites,where an assessment has determined that the proposed development may impact on thepreservation of the following trees.



CouncilRef No:

Species Location Dimension(metres)

TreePreservationBond required


Front –Council verge North

10 x 6 $1000

Total bond $1000

The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number (Ref No:) andcolour or shade them in the colour green for trees to be retained and yellow for trees tobe transplanted.

A bond is placed on individual trees when considered appropriate by Council’sLandscape Development Officer. The value of the bond may represent the full value ofthe tree or the Officer’s Assessment of potential damage to the tree or a group of treesduring development. The bond may be in the form of a bank guarantee and must belodged prior to the issue of a Construction Certificate. The bond will not be releaseduntil Council has inspected and is satisfied with the condition of the trees. Council mayuse part or the entire bond to carry out works to trees or replace them, if they are not ina satisfactory condition.



The following replacement tree species must be planted to ensure the preservation of thelandscape character of the area. Details in compliance with the following criteriaspecifying the species and planting locations of the replacement plants must be includedon the Landscape Plan for approval by Council or the accredited certifier with or beforethe application for a Construction Certificate.

Species/Type Planting Location Container Size orSize of Tree

Min Dimensions atMaturity

2 x Stenocarpus sinuatusFirewheel Tree

Front – Council verge –N & S of new crossing

100 litre pot size 10 x 6



CouncilRef No:

Species Location Dimension(metres)

2 Melaleuca quinquenerviaBroadleaved Paperbark tree

Council verge –N of proposed driveway crossing

12 x 10

3 Melaleuca quinquenerviaBroadleaved Paperbark tree

Council verge –S of proposed driveway crossing

12 x 8

4 Shrub – Not identified Front – adjacent to residence

The Construction Certificate plans must include reference to the removal of the abovementioned trees and identify the trees by Council’s reference number (Council Ref No:)and colour or shade them in the colour red.



The inclusion of Condition Nos 35-40

35. Street trees

The area beneath the canopy of any street tree adjacent to the frontage of the property,excluding vehicle crossings and footpaths, must be fenced using a minimum of 1.8metres high chainlink or welded mesh fencing. The fencing must be maintained for theduration of the building works. Storage of materials or plant must not occur within thefenced area.


The grass verge must be reinstated to contain a uniform minimum of 75mm of friablegrowing medium and have a total cover of Couch turf. Any alternative treatment mustbe carried out to the satisfaction of Council’s Development Engineer.


Driveways and access ramps must be designed not to scrape the underside of cars. Thedriveway and access ramps must be designed to comply with Australian Standard AS2890.1 – Off-Street car parking.


A practicing structural engineer must prepare a full dilapidation report on the structuralcondition of all existing structures at the following locations:

• 37 Bathurst St, Woollahra• 39 Bathurst St, Woollahra• 41 Bathurst St, Woollahra

The Report must be completed and submitted to Council prior to the commencement ofany demolition, excavation or construction works.

A second dilapidation report, recording structural conditions of all structures originallyassessed prior to the commencement of works, must be carried out at the completion ofthe works and be submitted to Council.

39. Compliance with the recommendations of the Geotechnical and Hydrogeologicalreport

The development works must be undertaken in accordance with the recommendationsof the Geotechnical Investigation Report by Asset Geotechnical, Reference 0291-1Adated 24 August 2002.

40. Compliance with the Geotechnical and Hydrogeological monitoring program andimplementation plan

The geotechnical and hydrogeological implementation plan, testing and monitoringprogram for the construction works must be in accordance with the recommendations ofthe Geotechnical Investigation Report by Asset Geotechnical, Reference 0291-1A dated24 August 2002.

A qualified Geotechnical/hydrogeological Engineer must complete the following:



• further geotechnical/hydrogeological investigations and testing recommended inthe above report and as determined necessary,

• further monitoring and inspection at the hold points recommended in the abovereport and as determined necessary,

• written report(s) and certification(s) of the geotechnical/hydrogeologicalinspection, testing and monitoring programs.

Copies of the inspection, testing and monitoring reports must be supplied to theAccredited Certifier within 7 days of the inspection. Any non-conformance must beimmediately conveyed to the Accredited Certifier with a Corrective Action Plan.

A complete record of inspections, testing and monitoring with certifications must besubmitted in report form to the Accredited Certifier for approval, prior to release of theFinal Building Inspection.

Mr Simon Taylor Mr Lewis AdeyREVIEW OFFICER TEAM LEADER

ADVISINGS

1. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do nothesitate to contact Mr Simon Taylor. However, if you wish to pursue your rights ofappeal in the Land & Environment Court you are advised that Council generally seeksresolution of such appeals through a Section 34 Conference, instead of a full Courthearing. This approach is less adversarial, it achieves a quicker decision than would bethe case through a full Court hearing and it can give rise to considerable cost and timesavings for all parties involved. The use of the Section 34 Conference approachrequires the appellant to agree, in writing, to the Court appointed assessor having thefull authority to completely determine the matter at the conference.

ANNEXURES

1. Original assessment report



SECTION 96 APPLICATION ASSESSMENT REPORT

ITEM No. D8

FILE No. DA 644/2002/3

ADDRESS: 45 Wunulla Road POINT PIPER

EXISTING CONSENT: Alterations and additions to existing dwelling including anextension to the rear, internal alterations, alteration to the style ofbuilding and new double garage

TYPE OF CONSENT: Integrated Development (Waterways Authority)

DATE OF CONSENT: 3 February 2003

PROPOSEDMODIFICATION:

Relocation of existing garage to street boundaryConversion of garage to living spaceExtension of first floor rear balconyNew covered street entryNew garbage bayInternal alterations to first floor bathroomsInternal alterations to ground floor family/eating space

DATE S96 LODGED: 27 October 2003

CONSENT AUTHORITY Woollahra Council

APPLICANT: Nordon Jago Architects Pty Ltd

OWNER: Mrs M Dalah

AUTHOR: Mr Simon Taylor

LOCALITY PLAN

subject site

objectors

north



1. SUMMARY

Reason for report

One objection letter was received, the contents of which were able to be addressed by thedeletion of the appropriate modifications. The application was then called to the DevelopmentControl Committee by Councillor Petrie, seconded by Councillor Dawson as there were"concerns with conditions relating to the garage". However, as the applicant was not preparedto agree with the conditions in writing, the application is forwarded to the DevelopmentControl Committee with a recommendation for refusal.

Issues

• garage at street front• floor space ratio• building footprint• loss of tree• floor to ceiling height• visual privacy• streetscape• front fence

Objections

One (1)

Recommendation

The proposal is recommended for refusal because the applicant was not prepared to agreewith the conditions of consent imposed on the section 96 modification. The conditions relatedto: -

• the deletion of the proposed garage and conversion of the existing garage• the deletion of the covered entrance• the installation of privacy screens to the first floor terrace• the retention of the existing Glochidion ferdinandii Cheese Tree.

2. DESCRIPTION OF APPROVED PROPOSAL

The approved proposal includes alterations and additions to the existing dwelling, including:• extensions to the rear of the dwelling• internal alterations and additions including the addition of a self-contained guest

unit• the addition of a double garage to the front of the dwelling and alteration to

driveway• an additional front entry to the dwelling• a new front fence, covered entry gate and steps• hard landscaping

3. DESCRIPTION OF PROPOSED MODIFICATION

The proposed modification includes alterations and additions to the existing dwelling,including:



• the removal of existing Glochidion ferdinandii Cheese Tree in western corner• the relocation of the existing garage to street boundary• the conversion of the garage to living space• the extension of the first floor rear balcony• a new covered street entry• a new garbage bay• internal alterations to the first floor bathrooms• internal alterations to the ground floor family/eating space

4. PREVIOUS MODIFICATIONS

DA644/2002/2 was lodged with Council in April 2003 and approved on 30 May 2003. Itinvolved: -• the demolition of the existing floor level and replacement with a new concrete floor

with a raised floor level of 300mm• alterations to windows at first floor to suit the new floor level• the demolition of previously retained existing walls at first floor level and replacement

with new walls• the demolition of the existing roof and replacement with a new timber framed roof• the replacement of void space on the first floor with an ensuite to bedroom 2• a new metal balustrade to the existing first floor roof terrace parapet• internal modifications to the kitchen layout• the replacement of sliding doors with bi-fold doors to the ground floor and basement

floor• the deletion of the covered entrance on the street frontage and alteration to the front wall


The site is located on the eastern side of Wunulla Road. It is irregularly shaped with a sitearea of 910.5m². It has a frontage of 25.305m to Wunulla Road, a north-eastern boundary of34.52m, a south-western boundary of 36.12m and an irregular southern boundary defined bythe mean high water mark (MHWM). The land slopes from the roadway to the foreshore ofthe harbour.

45 Wunulla Road includes approximately 524m² of reclaimed land below mean high watermark which forms part of the apparent site. This part of the site is leased from the WaterwaysAuthority and consists of a grassed area, swimming pool, concrete boat ramp and jetty.

Currently, a single dwelling exists on the subject site with works pursuant to DA644/2002/1currently under construction. A single garage is located toward the street frontage. Numbers43 and 47 Wunulla Road are occupied by three-storey and two-storey dwellings, respectively.The surrounding area consists of a mix of residential flat buildings and dwelling houses ofsimilar bulk and scale to the subject dwelling.

There is little vegetation on the subject property. Views are afforded east across Rose Bay andnorth east across Sydney Harbour.

6. PROPERTY HISTORY

• DA807/2003/1 was lodged with Council in September 2003 and approved in December2003. It involved landscaping works and the installation of a spa between the existingdwelling and Sydney Harbour.



• DA282/2003/1 was lodged with Council in April 2003 and approved at Council’sDevelopment Control Committee on 15 September 2003. It involved alterations andadditions to the existing adjoining dwelling to the north of the subject site at 43 WunullaRoad. It involved the remodelling of the pool, a new verandah, guest bedroom, theatre,kitchen, roof top garden and entry canopy.

7. REFERRALS


The proposal constitutes Integrated Development as it involves excavation works within 40mof Sydney Harbour. The Waterways Authority have provided comment as follows: -

The Authority has reviewed the amended plans in relation to the granting of a permitunder Part 3A of the Rivers and Foreshore Improvement Act 1948 (Part 3A Permit).

Based on the information provided, the Waterways Authority would not place anyadditional requirements to those provided in our original correspondence dated 6November 2002.

Accordingly, no further conditions are required.

ASSESSMENT UNDER S96

8.1 S96 (2) Other modifications

The proposal involves several modifications that may potentially have an adverseenvironmental impact on Sydney Harbour or adjoining properties. The proposal is thereforeassessed under Section 96(2).

8.2 Substantially the same development

This proposal is assessed under Sections 96(2) of the Act as the potential environmentalimpact must be assessed.

The provisions of Section 96 of the Environmental Planning and Assessment Act 1979,requires Council to be satisfied that the development to which the consent as modified relatesis substantially the same development for which consent was originally granted.

The proposed modifications relate to substantially the same development.



9.1 SEPPs

SEPP No. 56 – Sydney Harbour Foreshores and Tributaries

SEPP 56 applies to all land with a frontage to the Harbour and/or separated from the Harbourby a public reserve, road or open space. The extent to which this Policy applies to the subjectsite is restricted to Clause 7. The relevant matters for consideration are:



• the protection and improvement of unique visual qualities of the Harbour, its foreshoresand tributaries

The proposed modifications would not have a minimal impact on Sydney Harbour as theworks are confined to the interior of the dwelling or are located on the street side of thedwelling.

• the scale and character of any development, derived from an analysis of the context ofthe site

The proposal would result in an increase in the scale of the dwelling when viewed fromWunulla Road as it involves the removal of the significant Chess Tree at the front of theproperty and replacement with a new double garage. Further, the increase in the buildingfootprint and floor space ratio will exacerbate the existing non-compliances with therespective controls.

• the character of any development as viewed from the water and its compatibility andsympathy with the character of the surrounding foreshores

The proposal is considered acceptable when viewed from the Harbour as the works are largelyconfined to the front of the dwelling facing Wunulla Road and behind the existing footprintand side setbacks. The works that are visible from the water are considered to be minor innature.

The proposal is therefore acceptable with regard to SEPP 56.

9.2 REPs

SREP No. 23 – Sydney and Middle Harbours

The proposed development must be consistent with the objectives of SREP 23. The relevantmatters for consideration, and the assessment of, are:

• the appearance of the development from the waterway and the foreshores

The appearance of the development from Sydney Harbour has been considered acceptable asthe works are located on the street side of the dwelling and would not result in any adverseincrease in bulk when viewed from Sydney Harbour.

• whether the development will cause pollution or siltation of the waterway to an extentthat would jeopardise any existing or potential uses of the waterway

The proposal would not cause any additional pollution of siltation in Sydney Harbour.

• the noise likely to be generated by the development and any adverse effect that any suchnoise would have on existing uses of the waterway or nearby land

The proposal would not result in a major intensification of use and there is not likely to be anyadditional noise generated with the use of the land.

• whether the development will have an adverse effect on drainage patterns or causeshoreline erosion



The proposal would maintain a suitable level of deep soil landscaping in the rear yardadjoining the Harbour. The new garage would be built on an existing hard paved drivewayand would not have any significant impact upon the proportion of deep soil landscaping in thefront yard.

The proposal is therefore considered acceptable with regard to SREP 23 and its DCP.


10.1 Aims and objectives of WLEP 1995 and zone

The proposal is permissible and is consistent with the aims and objectives of the LEP and therelevant objectives of the Residential 2(a) zone


Site Area (910.5m²)Approved

DevelopmentProposed

Modification Control Complies

Overall Height (metres) 10.96m 10.96m 9.5m NO*

FSBL (metres)Max encroachment

13.5 mMax encroachment

13.5 m 12m NO*

* Existing non-compliance

10.3 Clause 12 Height

The overall height will remain unchanged.

10.4 Clause 22 FSBL

The proposal will not encroach any further into the foreshore building line that it does atpresent.

10.5 Clause 19 HFSPA

The only alteration that would be visible from Sydney Harbour would be the extension of theroof terrace on the first floor. In doing so, it complements the design of the existing roofterrace and would be supportive of Condition 13 of DA644/2002, imposed to reduce the bulkof the dwelling when viewed from Sydney Harbour.

The proposal is therefore acceptable with regard to Clause 19(2) of the Woollahra LEP 1995.

10.6 Clause 25 Water, wastewater and stormwater

The proposal is acceptable in terms of Clause 25(1) and (2) of the Woollahra RDCP 1999.



10.7 Clauses 27 Heritage provisions

The subject site is located in the vicinity of a heritage item. The house on the opposite side ofthe road at 58 Wunulla Road is listed under Schedule 3 of the Woollahra LEP 1995. AsCouncil’s Heritage Officer has not raised any objection to the proposal and as the street ispredominated by garages, the construction of the garage at the street would not have adetrimental impact on the heritage context of 45 Wunulla Road. The proposal is thereforeacceptable with regard to Clause 27 of the Woollahra LEP 1995.


Draft Woollahra LEP 1995 (Amendment No.45) – Accessibility and the Draft DCP isapplicable to the proposal.

Draft Amendment No.45 refers to the Draft Accessibility DCP for specific standards. TheDraft Accessibility DCP ‘encourages visibility’ (accessibility for the disabled) to dwellinghouses. Due to the small size of the site and the extent of the proposal, it is consideredconditioning visibility into the development would be over onerous.

There are no other draft Woollahra LEP amendments that apply to this site or to the proposeddevelopment.



Site Are (910.5m²)Approved

DevelopmentProposed

ModificationControl Complies

Floor Space Ratio (m²)1.12:1

(1023m²)1.19:1

(1086.73m²)0.55:1

(500.8m²)NO*

Building Footprint (m²)50%

(460m²)55.8%

(508.21m²)35%

(318.7m²)NO*

Building Boundary Setbacks (metres):Front (north west)

garageRear (south east)Side (south west)

6.2m-7.8mNil

0.3m

NilNil`0.3m

PredominantFSBL (12m)

1.5m

YESNO*NO*

Excavation Piling & Subsurface WallSetback (metres) 2.2m 2.2m 1.5m YES

Minimum Floor to Ceiling Height –Habitable Rooms (metres) NA 2.4m 2.7m NO

Non-Articulated Building Length toStreet (metres) 5.3m 5.3m 6.0m YES

Front Fence Height (metres) 1.8m1.8m (fence)

3.5m (entrance) 1.8mYESNO

Proportion of Un-Built Upon Area to beSoft and Porous Landscaping 190.0m²

332.9m² (as perDA807/2003)

33.3%(134.1m²) YES

>35m2402.3m² and

24mArea – 35m²

Dimension – 3m YESPrivate Open Space Per Dwelling – AtGround Level (m²)

>16m² 192m² and 7.8mPrincipal Area – 16m²

Dimension – 4m YES

Setback from Significant Mature Trees(metres) 5.8m removed 3.0m NO

Setback of Bedroom Windows fromParking Area (metres) Nil 0.4m 3.0m NO*



Site Are (910.5m²)Approved

DevelopmentProposed

Modification Control Complies

Car Parking Spaces 4 4 2 YES

Width of garages (metres) Nil27.3%(6.9m)

30% of frontage(7.56m) YES

Width of driveways (metres)41.7%

(10.4m)51.6%

(13.0m)30% of frontage

(7.56m) NO*

Location of Car Parking StructuresForward of front

building lineForward of front

building lineBehind frontbuilding line NO

Access Driveway Width 6.0m 5.4m-6.0m 3.5m-6.0m YES

* Existing non-compliance

Desired future character objectives and performance criteria

Whilst there would be no adverse impact on existing views, overall landform or appearancefrom the harbour, the proposal would alter the landscape character of the area with the loss ofa significant tree that is visually prominent in the existing streetscape. It would also lead to anincrease in the building form and bulk when viewed from the street. It is therefore notacceptable with regard to the desired future character objectives and performance criteria ofthe Woollahra RDCP 1999.


The garage would be overly dominant in the streetscape. Whilst there are similar structuresbuilt to Wunulla Road in the vicinity of the subject site, the proposal involves the removal ofthe existing Cheese tree in the south western corner of the property, which has beenconsidered unacceptable in the open space and landscaping performance criteria. Theconversion of the existing garage on the southern boundary would also remove a suitableexisting approved location for a double garage. Further, the site already includes an additionaldouble garage visible from the street. Bringing the garage closer to the street exacerbates thevisual dominance of the garages.

The removal of the Cheese tree enables the widening of the driveway on the southern side ofthe property, such that the combined frontage of the driveway to the street would be non-compliant with the 30% frontage control by 5.4m or 71%.

The re-establishment of the entrance enclosure reinforces the overall dominance at the streetfront and is contrary to Condition 12 of DA644/2002. The proposal is not supportive of thestreetscape performance criteria of the Woollahra RDCP 1999.


• Setbacks

The setback on the south western boundary would be reduced to 0.3m for an additional 8.1mof the property boundary. Despite there being no impacts with regard to solar access, viewsand privacy, it results in the loss of the existing Cheese tree, as discussed in the open spaceand landscaping performance criteria, which is not supportive of the objectives of theperformance criteria.



The front setback of the dwelling would remain unchanged, however, the garage componentof the house, which is the overall setback, would be reduced to nil. This is considered toremain acceptable due to the high prominence of single and double garages in the WunullaRoad streetscape.

• Floor space ratio

The gross floor area would increase by 63.73m² or 6% and result in a non-compliance of585.93m² or 117%. The increase is a result of extensions to the rear of the basement levelwhere it would not be visible from Sydney Harbour or Wunulla Road. The increase is also aresult of the conversion of the existing southern garage into a lounge area, which is notacceptable with regard to the building size and location performance criteria of the WoollahraRDCP 1999.

• Building footprint

The building footprint would increase by 48.2m² or 4.7% and result in a non-compliance of60%. The bulk that would be established and the loss of the significant vegetation at the frontof the property as a result of the increase in footprint is not supportive of the objectives of thebuilding size and location performance criteria of the Woollahra RDCP 1999.

• Floor to ceiling height

The new lounge area, which was previously a double garage prior to the partial demolition ofthe existing dwelling, will have a floor to ceiling height of 2.4m. The remainder of the housevaries between 2.7m and 3.0m. The conversion of the existing garage to a habitable room istherefore not compliant with P13 of Section 5.2.3 of the Woollahra RDCP 1999.


In constructing the garage at the front boundary, the existing Cheese tree in the south westerncorner of the property would be removed. This has been considered unacceptable byCouncil’s Trees Officer as it has a positive contribution in the streetscape. There would alsobe an additional loss of approximately 10m² of deep soil landscaping that is otherwiseacceptable as a suitable level of deep soil landscaping is retained in the rear of the propertyfronting Sydney Harbour.

Council’s Trees Officer, Simone Zeibots, provides the following comment: -

CommentsThe submitted Urban landscape projects landscape plan drawing No.s 2003 LO2CC1and 2003 1O2CC2 should form part of any development consent with the followingconditions.

RecommendationCouncil’s Tree and Landscape Officer has determined that the development proposal issatisfactory in terms of tree preservation and landscaping, subject to conditions.

The proposal does not comply with the open space and landscaping performance criteria ofthe Woollahra RDCP 1999.




The modifications include the provision of a terracotta tiled roof over the front pedestrianentrance to a height of 3.5m. The covered entrance was deleted by Condition 12 inDA644/2002 and removed in accordance with this condition in DA644/2002/2. The coveredstructure was originally recommended for deletion because “it has the potential to dominatethe streetscape”.

The covered structure is non-compliant with P4 of Section 5.4 and would have an intrusivevisual impact on the streetscape. The recommendation of Condition 12 in SA644/2002 istherefore reinforced as the structure fails to comply with the fences and walls performancecriteria of the Woollahra RDCP 1999.


The proposal would maintain the existing side setbacks and height and would not impact onviews afforded to adjoining properties. It is therefore acceptable with regard to the viewsperformance criteria of the Woollahra RDCP 1999.


Some alterations are proposed to the first floor with the addition of an ensuite along the northeastern elevation. The re-positioned windows are in the immediate vicinity of existingapproved windows and are considered acceptable.

The alterations also include the enlargement of the first floor roof terrace by 28m². The terraceopens from three bedrooms and would not be considered to be excessively used forentertaining. However, it would allow substantial overlooking to the rear yard of the adjoiningproperty and to several windows on the south western elevation of the adjoining dwelling as itwould be 3.6m in width and less than 6.0m from the property boundary. Privacy screeningwould be required along the north eastern side of the balcony to ensure compliance with P9 ofthe acoustic and visual privacy performance criteria of the Woollahra RDCP 1999. Thiswould be included as a condition of consent were approval to be recommended.


The proposal involves the conversion of the existing two car garage on the southern boundaryto a lounge room and the addition of a similar two car garage forward of the lounge area andbuilt to the street. It will maintain four on-site parking spaces.

However, the proposal would result in a garage that would be much more dominant in thestreetscape. The extent of the garage forward of the building line would be significantlyincreased with an overall nil building setback. The establishment of the garage in this locationwill result in the loss of a significant cheese tree, which is currently visually prominent in thestreetscape.

The proposal does not comply with performance criteria P11 and P14 and objective O3 ofSection 5.10 of the Woollahra RDCP 1999. As such, the proposal is not acceptable withregard to the car parking and driveways performance criteria of the Woollahra RDCP 1999.




The proposal involves the addition of a garbage collection area at the front of the property.The area would be adequately screened from the remainder of the property and the street withproposed fencing and existing landscaping. Whilst it would be located less than 3.0m fromWunulla Road, the provision of the garbage facilities is considered to comply with theobjectives of the site facilities performance criteria of the Woollahra RDCP 1999.


The proposal is not compliant with P1, P3 and P20 of Section 5.12.3 of the Woollahra RDCP1999, as the loss of the Cheese tree would be visible from Sydney Harbour. Its removal iscontrary to the above criteria. The proposal is therefore not acceptable with regard to theharbour foreshore development performance criteria of the Woollahra RDCP 1999.


The proposal is acceptable with regard to the DCP for off-street car parking provision andservicing facilities.


Fencing Code

The front fence has been considered above in Section 11.1, and is not acceptable.


None applicable.

13. LIKELY IMPACTS OF THE MODIFIED DEVELOPMENT

Bulk

Whilst Condition 11 of DA644/2002 required the deletion of the roof to the ground floorbalcony so as “to minimise the bulk of the building when viewed from the harbour”, thecreation of a roof terrace is not considered to increase the perception of bulk as the roofterrace is flat and was approved as part of DA644/2002/2.

All other likely impacts of the proposal have been addressed elsewhere in the report

14. SUBMISSIONS

The proposal was advertised and notified in accordance with Council’s Advertising andNotifications DCP. One submission was received from Glenn and Caroline Crane of 1/58Wunulla Road, Point Piper.


• Loss of significant tree• The garage built to the street encroaches on the streetscape• The conversion of the garage to living space places greater pressure on the use of the

street



As the proposal is recommended to be refused, the above comments have been addressed.


The proposal is unacceptable against the relevant considerations under S96 and S79C.Conditions were initially recommended that would have altered the modification so that itwould have been acceptable against the relevant considerations and therefore in the publicinterest. The conditions involved: -

• the deletion of the proposed garage and conversion of the existing garage• the deletion of the covered entrance• the installation of privacy screens to the first floor terrace• the retention of the existing Glochidion ferdinandii Cheese Tree.

Agreement of the applicant is required before a consent authority can place additionalconditions on a development consent via a Section 96 modification. The applicant did notagree to the recommended conditions. Refusal of the proposed modification in its entiretymust therefore be recommended.

16. RECOMMENDATION: Pursuant to Section 96 of the Environmental Planningand Assessment Act, 1979

THAT Council, as the consent authority, refuse to modify development consent toDevelopment Application No. 644/2002/3 for alterations and additions to the existingdwelling including an extension to the rear, internal alterations, alteration to the style ofbuilding and a new double garage on land at 45 Wunulla Road Point Piper, for the followingreasons: -

1. The proposal is unacceptable with regard to the future character objectives of the PointPiper precinct and does not comply with Section 4.5.1 of Woollahra RDCP 1999.

2. The proposal is unacceptable with regard to the streetscape objectives and does notcomply with P3 and P4 of Section 5.1 of Woollahra RDCP 1999.

3. The proposal is unacceptable with regard to the building size and location objectivesand does not comply with P10, P11 and P13 of Section 5.2 of Woollahra RDCP 1999.

4. The proposal is unacceptable with regard to the open space and landscaping objectivesof Section 5.3 of Woollahra RDCP 1999 as it involves the removal of a Cheese Tree inthe western corner of the property. The tree is currently visually prominent in theWunulla Road streetscape.

5. The proposed front entrance does not comply with P5 of the fences and walls criteriaand objectives in Section 5.4.3 of the Woollahra RDCP 1999.

6. The proposal is unacceptable with regard to the car parking and driveways objectivesand does not comply with P11 and P14 of Section 5.10 of Woollahra RDCP 1999.

7. The proposal is unacceptable with regard to the harbour foreshore developmentobjectives and does not comply with P1, P3 and P20 of Section 5.12 of WoollahraRDCP 1999.

8. The proposal is not in the public interest.



Mr Simon Taylor Mr Lewis AdeyASSESSMENT OFFICER TEAM LEADER

ADVISINGS

1. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do nothesitate to contact Mr Simon Taylor. However, if you wish to pursue your rights ofappeal in the Land & Environment Court you are advised that Council generally seeksresolution of such appeals through a Section 34 Conference, instead of a full Courthearing. This approach is less adversarial, it achieves a quicker decision than would bethe case through a full Court hearing and it can give rise to considerable cost and timesavings for all parties involved. The use of the Section 34 Conference approachrequires the appellant to agree, in writing, to the Court appointed assessor having thefull authority to completely determine the matter at the conference.



Item No: D9 Delegated to CommitteeSubject: REGISTER OF CURRENT LAND AND ENVIRONMENT

COURT APPEALS FOR BUILDING AND DEVELOPMENTAPPLICATIONS

Author: Les Windle, Manager - Governance

Council, at its meeting of 17 August 1994 resolved in the following terms:

THAT the Register of current Land and Environment Court Appeals for Building andDevelopment Applications presented in the Development and Building Applications Summarybe transferred to the Development Control Committee to be considered at each meeting.

Please find attached a copy of the current register.

Recommendation:

THAT the attached register of current Land and Environment Court Appeals for Building andDevelopment Applications be received and noted.

Les WindleManager - Governance

agenda: development control committee · agenda: development control committee date: monday 2...

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