Application number DA-39/2015

Site address 2 Isabella Street, QUEENS PARK

Proposal Demolition and construction of two storey dwelling with attic and single garage.

Date of lodgement 17 February 2015

Owner Mrs D M Baskus and Mr R A Baskus

Applicant Mrs D M Baskus and Mr R A Baskus

Submissions 5 received during the first notification, 2 received during the re-notification (from 5 properties)

Cost of works $495,000

Issues Variation to building height and FSR development standards, Conservation Area controls, side setbacks and issues raised in submissions

Recommendation That the application be APPROVED

Site Plan

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1. PREAMBLE

1.1 Site And Surrounding Locality A site visit was carried out on 5 May 2015. The site is identified as Lot 1 in DP 617197, known as 2 Isabella Street, Queens Park. The site is rectangular in shape with a front (west) boundary measuring 5.01m and a side boundary length of 19.69m.The site has an area of 98.2m2 and has a small natural ground level fall from the rear north-east corner of the site to the west by approximately 810mm. The site is occupied by a two storey semi-attached terrace house with lower level garage accessed from Isabella Street. The site is not a heritage item.

Figure 1: Site viewed from Isabella Street

Adjoining the site immediately to the south is a semi-attached terrace, 4 Isabella Street, also altered to contain 2 storeys. To the north of the site is the rear yards of no’s 93, 95 and 97 Birrell Street, all listed heritage items in the LEP, as early worker’s cottage and early stone houses of one and two storeys. To the east of the site is 1 Blenheim Street, a listed heritage item in the LEP, as a late eighteenth century stone house and 3 Blenheim Street, also heritage listed in the LEP as an early weatherboard cottage in the traditional Georgian form. To the west of the site across Isabella Street is 91 Birrell Street, heritage listed in the LEP as an early worker’s cottage, with the site containing single storey buildings. The site is located within the Blenheim Street Conservation Area.

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Within Isabella Street there exists an eclectic mix of dwelling types and styles, including heritage dwellings, semi-attached dwellings, contemporary dwelling houses and residential flat buildings. The locality is characterised by a variety of residential developments including semi-detached, dwellings, terraces and residential flat buildings, with the Bondi Junction commercial centre locted to the north of the site.

Figure 2: Site viewed from rear

1.2 Relevant History Site History: The applicant advises Council a Building Application was approved in 1988 for a rear addition, but the works were not completed. A search of Council’s records did not locate this BA. Application history: A meeting was held with the applicant on 22 May 2015 to discuss the proposal, including issues raised by Council’s Heritage Advisor. The application was subsequently deferred for amended plans to address the following:

Any new building should be aligned with the principal elements of the attached residence at 4 Isabella Street including the existing parapet line, with the proposed street frontage proportions and articulation to respond to the attached residence at 4 Isabella Street and streetscape.

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Concerns are raised in regards to:

­ The wide masonry frame at the base level of the residence which dominates and reinforces the garage door at the street level,

­ The fully screened balcony removes opportunity for openings to the street elevation or a connection of the built form with the streetscape,

­ The street front dormer should have a width not exceeding 25% of the roof width, ­ Lack of ground floor setback to match the adjoining ground floor courtyard on the

southern side, ­ Rear building line of the first floor extends past the predominant rear building line and

the adjoining terrace, and the nil side setback on the first floor northern side. Amended plans were submitted to Council on 17 June 2015 to address the above issues. The amended plans were re-notified for a period of 14 days and 1 submission was received.

1.3 Proposal The application seeks consent for demolition of the existing dwelling and construction of a two storey dwelling with attic and single garage. Details of the proposal include the following:

­ Demolition of existing building, ­ The ground floor of the dwelling contains a single car garage, entry, WC, laundry and open

plan kitchen, dining, living room with access to the rear courtyard, ­ The first floor contains master bedroom with ensuite, bedroom 2, bathroom and front

balcony, ­ The attic level contains bedroom 3 and a study.

2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under section 79C of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.1.1 SEPP (Building Sustainability Index – BASIX) 2004 A BASIX Certificate has been submitted with the development application. The BASIX Certificate lists measures to satisfy BASIX requirements which have been incorporated into the proposal. A standard condition is recommended ensuring the measures detailed in the BASIX Certificate are implemented.

2.1.2 SEPP 55 Remediation of Land There is no known history of contamination applicable to the site. The subject site has historically been used for residential purposes. Accordingly, site land contamination is considered unlikely and no further investigation is necessary.

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2.1.3 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below: Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment

Part 1 Preliminary

1.2 Aims of plan

Yes The proposal is consistent with the aims of the plan.

Part 2 Permitted or prohibited development

Land Use Table R2 Low Density Residential Zone Yes

The proposal is defined as a semi-detached dwelling, which is permitted with consent in the R2 zone.

Part 4 Principal development standards

4.3 Height of buildings

8.5m

No 8.65m to the vertical element on the northern elevation. The roof has a maximum ridge height of 8.5m.

4.4 Floor space ratio and 4.4A Exceptions to floor space

ratio

1:1

Site: 98.2m2

No

Proposed GFA: 108m2 FSR: 1.1:1 The proposed floor area exceeds the control by 10m2 or a 10% variation.

4.6 Exceptions to development standards

See discussion

The application is accompanied by a written request pursuant to clause 4.6 of Waverley LEP 2012 to vary the development standards in clause 4.3 Height of buildings and clause 4.4 floor space ratio. A detailed discussion of the variation to the development standards is presented below this table.

Part 5 Miscellaneous provisions

5.10 Heritage conservation

Yes

The site is not a heritage item but is located within the vicinity of heritage items at 91, 93, 95, 96 Birrell Street and 1 and 3 Blenheim Street. The site is located within the Blenheim Street Conservation Area. The application has been reviewed by Council’s Heritage Advisor who has noted that the subject building retains some contributory value to the Blenheim Street Heritage Conservation Area and that ‘to provide a cohesive replacement building requires an exceptional design exhibiting cohesion with and maintenance of the primacy adjacent and nearby buildings, forming an enclave of Waverley’s earliest buildings’.

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Provision Compliance Comment

Council’s Heritage Advisor is supportive of the amended application from a heritage perspective. The application has been submitted with a heritage impact statement. A further detailed discussion is provided in Part B9 Heritage of WDCP below.

Part 6 Additional local provisions

6.1 Acid sulfate soils NA

The site is not identified as containing acid sulfate soils.

6.2 Earthworks

Yes

The earthworks associated with the application include excavation at the rear of the site to provide a level ground floor and courtyard, of around 600mm. The site also has underground storage located behind the existing garage, which is to be retained and used to locate the underground OSD tank. The proposed earthworks are not considered to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The following is a discussion of the issues identified in the compliance table above in relation to the Waverley LEP 2012. Exceptions to Development Standards Clause 4.3 Height of buildings The proposal has an overall building height of 8.65m, which exceeds the height of buildings development standard of 8.5m prescribed under clause 4.3 of Waverley LEP 2012 by 150mm. A written request pursuant to clause 4.6 of Waverley LEP 2012 has been made, seeking to vary the development standard. The justification presented in the written request is summarised as follows:

The variation requested is minor, only 150mm above the standard 8.5m maximum height, for a length of just 2.9m to the north façade of the proposed development.

The height and scale of the proposed dwelling will not result in overshadowing of neighbouring and nearby properties;

The proposal will not result in a loss of views from and overshadowing of public places;

The height as proposed will not impact on views enjoyed by neighbouring properties;

There is no public benefit in maintaining the standard in the proposed development, the requested variation allows for the north façade to be more sympathetic to the built environment, as this side of the building presents to heritage listed properties and will be highly visible in the streetscape.

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The relevant matters to be considered under clause 4.6 of the LEP are addressed below:

Clause 4.6 (3) (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

The objective of the height of buildings standard is to establish limits on overall development to preserve the environmental amenity of adjoining properties, to ensure that buildings are compatible with the height, bulk and scale of the existing character of the locality and positively complement the street network and public space. The variation to the height control is limited to a vertical element on the northern elevation that has been incorporated within the design of the building to provide articulation of the northern façade and respond to the form and detailing of the conservation area and surrounding heritage items. The main roof ridge of the dwelling complies with the 8.5m maximum height control. The 150mm variation is minor and does not create additional adverse environmental impacts to adjoining properties. Accordingly compliance with the standard is considered unnecessary in the circumstances of the case and the variation is supported.

Clause 4.6 (3) (b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The proposal is consistent with the objectives of the Height of Buildings development standard as environmental amenity is maintained for adjoining properties and the building has a height, bulk and scale that is compatible with surrounding development. The variation to the height control allows for a more appropriate building form that responds to the conservation area heritage values. Accordingly it is considered there are sufficient planning grounds to justify contravening the standard.

Clause 4 (a) (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

The applicant’s written request is considered to have adequately addressed the matters required under subclause 3 and the variation to the building height development standard is supported.

Clause 4 (a) (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out

The proposed development is in the public interest as it consistent with the objectives of the height of buildings development standard and the R2 Low Density Residential zone and the proposal provides for the housing needs of the community in a form that is compatible with the low density residential environment. Clause 4.4 Floor space ratio The proposal has an overall floor space ratio of 1.1:1, which exceeds the floor space ratio development standard of 1:1 prescribed under clause 4.4A of Waverley LEP 2012 by 10m2 in gross floor area or 10%. A written request pursuant to clause 4.6 of Waverley LEP 2012 has been made, seeking to vary the development standard. The justification presented in the written request is summarised as follows:

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­ The proposed FSR fits within the existing context of its site, having regard to the contemporary development along Isabella Street and is consistent with the Waverley LEP and DCP objectives for the future character of the area.

­ The proposal is considered to be consistent with the above objectives and the following is noted:

­ The building has been designed having regard to its context and the heritage significance of the conservation area and the setting of adjoining heritage items;

­ The proposed built form, will protect the amenity of adjoining properties in terms of solar access, privacy, views and visual amenity;

­ The proposed dwelling will not appear out of character when viewed in its context of other dwellings in the immediate vicinity; and

­ The proposal will provide improved residential accommodation on the site. The relevant matters to be considered under clause 4.6 of the LEP are addressed below:

Clause 4.6 (3) (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

The objective of the floor space ratio standard is to provide an appropriate correlation between maximum building heights and density control, ensure buildings are compatible with the bulk, scale, streetscape and existing character of the locality and establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties. The variation to the FSR standard is minor, being 10m2 or a 10% variation. The site is a small lot and the proposed development is considered to have a bulk and scale that is consistent with the adjoining attached terrace dwelling. The proposal has been amended to provide a front and side elevation that is articulated and has proportions consistent with the streetscape and surrounding development. The additional 10m2 of floor area is not considered to result in unacceptable adverse environmental impacts to adjoining properties in regards to overshadowing, privacy or view loss. The proposed development is considered to have an appropriate built form that is of a scale that responds to the site and context, including the heritage significance of the area. Accordingly compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case.

Clause 4.6 (3) (b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The non compliance is minor and the proposed development is consistent with the objectives of the floor space ratio standard and the R2 Low Density Residential zoning. The proposal has a bulk and scale that is consistent with the character of the locality and the applicant has demonstrated that the lot can contain the development without resulting in adverse environmental or amenity impacts to adjoining properties. There are sufficient planning grounds to justify contravening the standard.

Clause 4 (a) (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

The applicant’s written request is considered to have adequately addressed the matters required under subclause 3 and the variation to the FSR development standard is supported.

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Clause 4 (a) (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out

The proposed development is in the public interest as it consistent with the objectives of the floor space ratio development standard and the R2 Low Density Residential zone, as the proposal provides for the housing needs of the community in a form that is compatible with the low density residential environment.

2.1.4 Waverley Development Control Plan 2012 - Amendment No 3 (Waverley DCP 2012) The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment

1. Waste Yes

A SWRMP has been submitted with the application and the proposal is able to comply with the objectives for waste and recycling in the DCP.

2. Energy and water conservation

Yes

A BASIX Certificate has been submitted with the application and the proposal is capable of complying with the energy and water conservation objectives of the DCP.

6. Stormwater

Yes

A stormwater management plan has been submitted and reviewed by Council’s Senior Design Team Leader who has advised OSD is required for the site. Conditions of consent will be included within this report. The application is considered able to comply with the stormwater management objectives in the DCP.

8. Transport

Yes

A single car garage is proposed in a similar location to the original garage and driveway crossover. The garage door is setback 900mm from the street and the first floor balcony overhangs this, to reduce the dominance of the garage door in the streetscape. The proposal is consistent with the urban design controls within section 8.4, part B8 of WDCP.

9. Heritage

Yes

The site is not a heritage item but is located within the vicinity of heritage items at 91, 93, 95, 96 Birrell Street and 1 and 3 Blenheim Street. The site is located within the Blenheim Street Conservation Area. The building is a substantially altered semi-attached dwelling originally of single storey construction. Council’s Heritage Advisor has noted that the subject building retains some contributory value to the Blenheim Street Heritage Conservation Area.

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Development Control Compliance Comment

9.2 Character Infill development is to respect and harmonise with the existing character of the area.

Yes

The application has been amended by the applicant after discussion with Council’s Heritage Advisor. While the proposed development is of a contemporary design, the design is considered to be sympathetic to and respect the context of the conservation area and the heritage items in the vicinity of the site. Isabella Street contains a variety of dwelling styles and forms and the proposed development is considered to respect the character of the heritage conservation area.

9.3 scale and proportion Infill Development (a) Infill development should be cohesive in scale, proportion and finish to the surrounding streetscape and buildings (b) Infill development should maintain and enhance the skyline profiles of established settings. (c) Where the scale of the roof is much larger than that of adjacent buildings, the roof should be broken up into smaller elements to reduce bulk. (d) Setbacks should be provided to upper levels.

Yes

The proposed development has a scale and bulk that is consistent with surrounding buildings and the streetscape. The articulation of the street elevation has a proportion and detail that is in cohesion with the streetscape character. The skyline profile of the roof has been amended to have a scale and pitch that reflects the historic roof profiles in the area and is to the satisfaction of Council’s Heritage Advisor. The front setback of the building is in line with the adjoining terrace and the form of the proposed development aligns with the attached terrace proportions.

9.4 Siting Existing heritage character of the streetscape including setbacks, siting and landscape is maintained.

Yes

The new dwelling has been designed to conform to the existing front and rear setbacks of the building form of the attached terrace. As mentioned above the front setback aligns with the adjoining terrace and while a contemporary design is proposed, the form and articulation has been modulated to respond to the key elements of the attached terrace. The side boundary setback on the north is removed at the ground floor, however this is consistent with the attached terrace which has nil side setbacks and this type of dwelling. The nil side setback is not considered to adversely impact adjoining properties and is discussed further in section 1.4, Part C1 of the DCP below.

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Development Control Compliance Comment

9.5 Materials and colour The selection of materials and colours is harmonious with the conservation area

Yes

The proposed development includes rendered and clad walls, metal louvres, aluminium window frames and metal roof. The materials proposed are considered to be of a proportion and detail that is harmonious with the surrounding area without copying original materials.

9.6 Roofs and chimneys To ensure new roof profiles are consistent with established skyline profiles of the conservation area.

Yes

The roof profile has been amended to reflect the hipped and gabled roof form of buildings in the conservation area. A dormer is provided to the front and rear rooms. The roof profile is now of proportions and detail providing a reasonable degree of cohesion with the streetscape and Conservation Area.

9.7 Verandahs and balconies Encourage the retention and re-instatement of early verandahs Alterations and addition do not detract from original balconies

Yes

The proposal is to demolish the original dwelling, which has a front verandah; however this has been modified as a result of the addition of the garage and does not reflect its original form. A new first floor balcony is proposed off the first floor bedroom with operable vertical louvres and is considered to respond to the character of the area.

9.8 Garden Elements NA The site contains no landscaping that contributes to the conservation area.

9.9 Building facades

Yes

The front and side elevations have been modified after discussion with Council’s Heritage Advisor to improve the presentation of the buildings to the street and respect the built form elements of the conservation area. The front façade has a proportion and articulation that responds to the attached residence at 4 Isabella Street. This is achieved as the masonry frame extends to the gutter level of the adjoining terrace which provides cohesion between the new contemporary built form and the adjoining dwelling. On the side elevation, as this elevation is highly visible in the street and presents to heritage listed properties, the presentation of the façade is also critical. The facade has been broken up with a vertical element and a pitched roof form with dormers. Vertical window openings have been provided to add interest to the facade. Council’s Heritage Advisor is supportive of the revised front and side facades.

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Development Control Compliance Comment

9.10 Fencing and gates NA There are no original or new fences and gates as part of the proposal.

9.11 Detailing Yes

The proposal has detailing that is considered to be consistent with the objectives of this clause and appropriate for the conservation area.

9.14 Demolition (c) Demolition of a non contributory building within or adjacent to a Conservation Area and replacement by an appropriately designed infill building is generally supported provided the proposed infill development is consistent with the objectives and controls outlined in this Part.

Yes The demolition of the existing semi-attached dwelling is proposed. The current building has been heavily modified with the ground floor excavated to provide a garage at the street level, new levels inserted above, a roof addition and rear wings removed. The building in its current form makes a poor contribution to the streetscape. The proposed new building is considered to be appropriately designed and as discussed is consistent with the objectives and controls for heritage in the DCP. No objections to demolition have been raised by Council’s Heritage Advisor.

Table 3: Waverley DCP 2012 – Part C1 Dwelling House and Dual Occupancy Development

Compliance Table

Development Control Compliance Comment

1.1 Height

1.1.2 External wall height

Maximum external wall height of 7m

No, acceptable on

merit.

The building has a wall height that varies from 5m at the rear to 8.6m in the middle and 6.9m at the front. The new building has a height, bulk and scale that is consistent with the character of the area and the adjoining attached terrace. The existing building has a wall height greater than 7m and while the proposed dwelling wall height has increased, the building is located within the maximum building height applicable to the site, minus a small 150mm protrusion as discussed at the end of the LEP table.

1.2 Excavation

Minimum setback of 0.9m from side boundaries

Yes Some excavation to a depth of approximately 600mm is proposed at the rear of the site to provide a level ground floor and courtyard. This extends to the side boundaries of the site but is minor and consistent with the objectives of the clause.

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Development Control Compliance Comment

1.4 Setbacks

1.4.1 Front and rear building lines

Predominant front building line

Predominant rear building line at each floor level

Yes The front setback aligns with the attached terrace, at the ground and first floor, which is a nil front setback. There is no predominant rear building line setback along Isabella Street. 4 Isabella Street has a rear addition and the proposed rear addition generally aligns with this. The rear of the building has an appropriate bulk and scale.

1.4.2 Side setbacks

Minimum of 0.9m

No The ground floor has nil side setbacks to the north and south sides. The first floor has to the north, a 900mm setback at the front of the building and 300mm at the rear. A sky well is proposed on the northern elevation, with a 300mm setback and a wall angled into the site for a height of 1.5m and 2.1m. The first floor to the south has a nil setback where it adjoins 4 Isabella Street and a 900mm setback at the rear. At the attic level, a minimum 900m setback is provided to the north and a nil, 855mm, 900mm setback to the south.

1.4.3 Additional controls for semi-detached dwellings and terraces

(a) The common (or party) wall between a pair of semi-detached dwellings or terraces can be built with no side setback along the common boundary where it abuts an existing wall to the neighbouring property or where it can be reasonably expected that a wall to the neighbouring property would be constructed in the future. (b) The extension should not encroach beyond the predominant rear building line and no openings are permitted in the side wall with nil setback (refer to Figure 7).

No, acceptable on

merit.

At the ground floor a nil setback has been provided on the north and south boundaries. The proposed development has a nil side setback to the north. The proposed nil setback of the building to this boundary is acceptable as the side wall is only slighter higher than the existing dividing boundary fence, the wall adjoins a rear side access lane providing pedestrian access to 95 Birrell Street and the rear of 95 and 97 Birrell Street contains ancillary rear structures built to the rear. As such the nil side setback at the ground floor is not considered to have any adverse impact on adjoining properties. To the south, 4 Isabella Street adjoining the subject site has a nil side setback to the north, except for a small courtyard. The height of the proposed ground floor wall is the height of the existing side boundary fence, which means the appearance from 4 Isabella Street courtyard will appear the same. The proposal is consistent with clause (d) permitting a courtyard to be created in an adjoining property, and the wall height will be 1.8m as viewed from 4 Isabella Street.

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Development Control Compliance Comment

(c) The outer side wall of the building (i.e. the wall that is not a shared wall or party wall), should be set back a minimum of 900mm from the outer side boundary (refer to Figure 8). (d) Part of the outer side wall may be built to the outer side boundary where a courtyard will (or can) be created with the adjoining property. The wall on this boundary should generally be a maximum of 2.1m in height.

At the upper levels the building has been set in from the side boundaries, except where the building adjoins the nil side setback of 4 Isabella Street, in accordance with the DCP controls. The exception is on the northern side where a skylight and wardrobe have a 300mm side setback at the first floor. The wall associated with these elements is angled into the site and has a height of 1.5 and 2.1m. As the ground floor of the building is lower than the surrounding buildings, the height of these will appear lower from the rear of properties fronting Birrell Street and the rear of 97 Birrell Street contains a tall structure built to the rear boundary. The skylights will provide light to the ground floor of the dwelling and do not result in any adverse impacts, as such the variation to the side setback is considered acceptable in this instance.

1.5 Streetscape and visual impact

New development should be visually compatible with the streetscape

Yes The proposed development is considered to be visually compatible with the streetscape as it has an appropriate bulk and scale and architecturally detailing that is cohesive with the conservation areas. This is discussed in detail in section B9 heritage of the DCP table above.

1.7 Visual and acoustic privacy

To ensure development does not unreasonably impact upon existing residential or other properties due to unacceptable loss of privacy or generation of noise Maximum size of balconies:

10m2 in area

1.5m deep

Yes The front balcony and rear window at the first floor are screened with operable vertical metal louvres. On the northern side elevation, the windows associated with the bedroom and stairwell are screened with fixed horizontal louvres. A condition will be imposed for these louvres to be fixed to ensure overlooking is minimised. At the attic level windows associated with the front and rear dormers are proposed. The rear window is associated with a bedroom and is not considered to create additional adverse overlooking while the front dormer window overlooks the street. The proposal is considered to minimise adverse overlooking to adjoining properties.

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Development Control Compliance Comment

1.8 Solar access

Minimum of three hours of sunlight to minimum of 50% of living areas and principal open space areas on 21 June

Minimum of three hours of sunlight maintained to minimum of 50% of living areas and principal open space areas of adjoining properties on 21 June

Yes The site is orientated east to west, as such shadow cast by the proposed development falls to the adjoining southern property no.4 Isabella Street. Shadow diagrams submitted by the applicant indicate that given the proximity of adjoining buildings and the small lot size of the area, the proposal does not result in extra shadow or additional impacts beyond shadow cast by a building with a reasonable bulk and scale on 22 June at the site and on adjoining properties. The rear yard of the subject site is surrounded by high walls and receives some solar access at 12pm.

1.9 Views

Minimise impact on existing views and vistas

Yes The proposed development is not considered to adversely impact any significant views or vistas.

1.10 Car parking

1.10.1 Parking rates

Min 1 – Max 2

Yes The proposal provides 1 car space, utilising the existing single car garage at the ground floor level.

1.10.2 Location

Behind front building line for new dwellings

Consistent with hierarchy of preferred car parking locations

Yes The garage door is setback from the front boundary by 900mm and the first floor balcony overhangs so the garage door appears as a recessive element.

1.10.3 Design Yes The car parking location is similar to the existing garage location and design and is not considered to dominate or adversely impact the existing streetscape character and is consistent with the design objectives.

1.10.4 Dimensions

5.4m x 2.4m per vehicle

Yes The garage has dimensions of 2.754m x 5.53m.

1.10.5 Driveways

Maximum of one per property

Maximum width of 3m at the gutter (excluding splay)

Yes One driveway crossover is proposed, with a width of no more than 3m.

1.11 Landscaping and open space

Overall open space: 40% of site area: 39.28m2

Overall landscaped area: 15% of site area: 14.73m2

Minimum area of 25m2 for private open space

Front open space: 50% of

No

Yes

Yes

NA

Open space: 26m2 or 26% Landscaping: 22m2 or 22% POS: 25m2 No change to existing building nil front setback

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Development Control Compliance Comment

front building setback area

Front landscaped area: 50% of front open space provided

which is aligned with the adjacent building. The variation to the landscaping and open space control is considered acceptable in this case as the site is small, a similar sized courtyard is provided on an adjoining site, the amenity of the site and streetscape is retained and the open space is able to support the needs of the future occupants.

1.13 Dormer windows

Minimum 0.3m below main roof ridge

Match unity of group

Total dormer width should be no greater than 25% of the width of the roof

Rear skillion dormer may be permitted

Yes

Yes No

Yes

Dormer is located 600mm below the ridge. The dormer has a width of 2m which is 47% of the roof width. The dormer width is acceptable as requiring compliance with this control would result in a very narrow and impractical dormer window size. The proposed dormer is centrally located and provides a contemporary response to a dormer window form which contributes to the presentation of the building.

2.2 Section 79C(1)(b) – Other Impacts of the Development

The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is considered to be suitable for the proposed development.

2.4 Section 79C(1)(d) – Any Submissions The application was notified for 14 days and a site notice erected on the site, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. 5 submissions were received. The issues raised in the submissions are summarised and discussed below. Table 4: Summary of property addresses that lodged a submission

Property

1 Isabella Street

4 Isabella Street

2/16 Isabella Street

31 Isabella Street, Queens Park

95 Birrell Street

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Height: Issue: The proposed height exceeds the LEP 8.5m height control and the WDCP control for flat roof dwellings of 7.5m Response: The development has a maximum height of 8.65m to the chimney roof form on the northern elevation and to the roof ridge a height of 8.5m. The building height is measured from the highest point of the building to natural ground level directly below this point. The variation to the height of the building has been submitted with a clause 4.6 exception to a development standard and is discussed at the end of the LEP table within this report. The variation was considered acceptable in the circumstances of the case. The building is not a flat roof dwelling and the 7.5m height control in the DCP does not apply. Issue: The height will overshadow adjoining properties Response: The proposed development will result in additional overshadowing of adjoining properties, however as discussed in the DCP table within this report, the proposal does not result in extra shadow or additional impacts beyond the shadow that could be expected from a building with a reasonable bulk and scale. Issue: Overdevelopment of the site in terms of size, bulk, scale and height Response: The proposed development has been assessed against the provisions of the LEP and DCP and is considered to be a suitable development for the site. While the building form exhibits some non compliances with the LEP development standards, these are minor and are not considered to result in adverse environmental impacts to adjoining properties. The height, bulk and scale of the building has been amended to better respond to the character of the conservation area and the adjoining terrace, with Council’s Heritage Advisor supportive of the application. The application has been assessed against the objectives and controls of the Blenheim Street Conservation Area and the proposal is satisfactory and is recommended for approval. FSR Issue: The proposal exceeds the FSR controls under WLEP 2012 Response: The proposed building exceeds the FSR control of 1:1 by 10m2 or a 10% variation. The variation to the control has been supported by a clause 4.6 exception to a development standard. This has been assessed and strict compliance with the control was considered unreasonable and unnecessary in the circumstances of the case. Refer to discussion at the end of the LEP table for more detail. Heritage/ streetscape Issue: The design is incompatible and unsympathetic to the adjoining paired terrace no.4 Isabella Street. The current structure is in harmony with no.4 Isabella Street, the terrace is a valuable addition to the character of Isabella Street, and it is the only remaining structure of this type in the street and should be preserved. Response: The applicant has submitted amended plans to respond to Council’s concerns that the submitted plans did not relate well to the adjoining terrace or the character of the streetscape. The amended plans have been reviewed by Council’s Heritage Advisor who is supportive of the changes to the front façade and northern elevation, noting that the ‘the articulation of the proposed street frontage is now of proportions and detail providing a reasonable degree of cohesion with the streetscape and Conservation Area’. No.2 Isabella Street is not a heritage item and the proposed demolition and contemporary new dwelling is considered to be a suitable response to the site. Issue: The roofline is prominent and will detract from no.4 Isabella Street

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Response: The roofline has been amended and the pitched roof form is symmetrical and has a form and pitch that reflects the historic roof profiles in the Conservation Area, and is supported by Council’s Heritage Advisor. Privacy Issue: The location of windows on the northern elevation will result in a loss of privacy Response: The north elevation contains windows associated with the stairwell and bedrooms. All windows have horizontal louvres to provide privacy. As it is unclear if the louvres are fixed or not, a condition will be imposed for the privacy screening to be fixed at an angle that minimises overlooking to the rear yards of adjoining properties to the north. Issue: The proposal will overlook the courtyard of no.4 and permanent screening is required to rear facing windows Response: The rear elevation first floor contains a master bedroom window which has operable vertical louvres to minimise overlooking and a bathroom window. At the attic level there is a window associated with bedroom 3. Bedrooms are areas used less frequently than living areas and predominantly at night. As such no additional privacy screening is considered necessary for the rear elevation windows. Setbacks: Issue: Object to the proposed nil side setbacks on the ground floor to the north and south, a 900mm side setback should be provided. Response: A discussion of the nil side setbacks has been provided in ‘section 1.4 setbacks’ of the DCP table in this report. The nil side setback is considered to be acceptable for the site given the context of surrounding development and the objectives of the DCP. Issue: The attic third level should be setback a minimum of 1.5m from the side boundary. The proposed setback will impact light to no.4. Response: A 1.5m side setback is required by the DCP controls when a building contains 3 storeys. The attic level is located within the roof and has satisfactory side setbacks without adversely impacting the amenity of adjoining properties. Issue: It is not clear how high the wall on the boundary to no.4 will be, concern is raised the wall height will limit light to the ground floor of no.4 Response: The plans indicate that at the ground floor the southern wall of the dwelling has a height that is the same as the existing boundary fence, being 1.8m as measured from ground level within no.4 Isabella St. At the first floor and attic, where no.2 has a nil side setback the proposed building also has a nil side setback. Retaining solar access to the side elevation of no.4 Isabella Street is very difficult, given the alignment and size of the lots. The proposal is considered to have side setbacks that are consistent with the objective of the DCP and maintain reasonable residential amenity for adjoining sites. Issue: Setback to the front garage door is less than the current setback Response: The proposed building provides a front setback that aligns with the adjoining terrace and the setback of the garage, 900mm from the front boundary, allows the garage door to be a recessive element within the front elevation. The front setback of the garage door is acceptable and considered to be consistent with the streetscape.

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Views Issue: The building height will impact views Response: The proposal has a similar height to the existing building and surrounding development. The submitter who raised this issue is located to the north of the site and is not considered to have any significant views or vistas impacted by the proposal. The building height complies with the LEP building height development standard, subject to a minor variation due to an architectural building element. Issue: The proposal will result in loss of view from the ground and upper levels of 4 Isabella Street. Response: The view from 4 Isabella Street ground and first floors is not considered to contain any view or vista of significance but rather an outlook of surrounding buildings, including the rear yard of no.2 Isabella Street. The rear of the proposed building has a complying height. Parking Issue: The change in location of the garage will cause the loss of one car space on the street Response: The existing driveway crossover essentially takes up the entire frontage of the site given that the site has a frontage of only 5.01m wide. The shifting of the garage door to the south will not result in loss of any on street car parking. Issue: The garage is situated right next to the common wall with no.4 and will have a noise impact for the living area within no.4. The garage should be setback 900mm as it is currently and soundproofing of the walls required. Response: The garage currently occupies the entire ground floor. The new plan locates the garage door closer to the shared wall with no.4 Isabella Street; however this is no different in terms of acoustic impacts than the current situation. The garage serves a single car associated with a dwelling and noise from the use of the garage is not considered to adversely impact the adjoining property. Shadow Issue: The shadow diagrams are inaccurate. Response: The shadow diagrams have been amended and are considered to reflect shadow cast by the proposed development. Issue: The void areas at no.4 Isabella Street gets full sunlight in the morning and afternoon as does the backyard. The proposal will block this sunlight access. Response: The side courtyard within no.4 Isabella Street contains on the northern elevation a window associated with the kitchen and bathroom at the ground floor and two bedroom windows at the first floor. The kitchen is an open dining/ living room with glazed timber doors to the east. The side courtyard currently enjoys solar access as there is no building form located to the north within no.2 Isabella. The proposal is for a new attached dwelling that has a reasonable form, bulk, scale, side and rear setbacks and is considered to be a form of development that could be expected on the site, given the adjoining rear addition at 4 Isabella Street. The upper levels of the rear addition are setback 900mm from the side boundary to continue to provide a light well for both buildings. The height of the rear addition is also well within the maximum building height of 9.5m permitted under WLEP. While solar access will be reduced on June 22, the windows on the northern elevation are highly vulnerable to overshadowing and other than there being no rear addition at 2 Isabella Street, protecting solar access to these windows, particularly at the ground floor is extremely difficult.

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Issue: No detail is provided on the plans relating to gutters and concern is raised regarding flooding Response: Stormwater plans that comply with the Waverley Development Control Plan 2014 and the Waverley Council Water Management Technical Manual will be required, as requested by Council’s Senior Design team Leader prior to the issue of the Construction Certificate. A condition of consent to this effect has been included within this report. Issue: The metal deck and aluminium windows will cause reflection of the sun. A temporary awning currently erected on the site causes sun reflection and it is requested to be removed. Response: The aluminium material proposed is not considered to be unduly reflective. In regards to the temporary awning on site, this is not a matter for consideration under the current DA. The submitter should contact the owner of the site. Issue: The DA is misleading as it relies on plans approved in 1988 but weren’t built. Reference to these plans should be removed. Response: The 1988 plans shown on the submitted documents were not considered by Council in the assessment of the proposal. Issue: What works are proposed to the existing subfloor area and will they impact no.4 Response: The subfloor area is to be retained and a rain water tank will be located within this area. As part of the plans prepared for the construction certificate stage structural details will be required from a practicing Structural Engineer in connection with all structural components. Issue: Concerns regarding demolition of the common wall and impacts to no.4 Isabella Response: Standard conditions of consent will be imposed to ensure the party wall between the properties is protected, including the requirement for a dilapidation report. Issue: The development does not provide sufficient open space Response: Although the development provides less open space than the DCP control, the provided open space is considered reasonable given the size of the site, is a useable area for outdoor recreation by the future occupants and is consistent with the size of the courtyard of no.4 Isabella Street. Following the receipt of amended plans, the application was re-notified for a period of 14 days, including to all submitters who lodged an objection to the development. Two further submissions were received from the following properties: Table 5: Summary of property addresses that lodged a submission

Property

95 Birrell Street, Queens Park

4 Isabella Street, Queens Park

The issues raised in the submissions are summarised and discussed below.

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Issue: Object to the northern side setback of 0m Response: This issue has been addressed above. Issue: The wall height does not comply with the 7.5m permitted by Council Response: This issue has been addressed above. Issue: The western elevation of the building is in disharmony with the buildings in the heritage conservation area Response: The western elevation (street) has been amended to the satisfaction of Council’s Heritage Advisor and the façade has proportions and detail that are more cohesive with the streetscape and conservation area, in a contemporary form. Issue: The concerns raised in previous submission have not been addressed in the revised plans Response: The concerns raised by the submitter in the previous objection lodged to Council have been addressed above. Issue: The development is non complaint with the clauses of the DCP Response: This report provides an assessment of the development against the controls of the DCP; refer to the DCP compliance table above. While the development does not comply with all the DCP controls, where a variation has been sought an assessment against the objectives of the control has been undertaken to ensure the development is consistent with the objectives of the zoning and the character of the surrounding environment. Issue: The height of the building has been increased further and will further impact natural light to 4 Isabella St Response: The amended plans have increased the main ridge height of the proposal by 380mm; however this remains within the maximum permissible height. The changes to the roof form were in response to concerns raised by Council’s Heritage Advisor. The vertical element on the northern elevation exceeds the height limit by 150mm, which has been addressed in the clause 4.6 discussion after the LEP table within this report. The building height changes are not considered to have further adverse impacts to adjoining properties. Solar access has been addressed within this report. Issue: The parking and garage issues raised have not been addressed in the revised plans Response: See response to this issue above. Issue: Request a response to the original submission, the height increase, a copy of the letter sent to the applicant requesting changes and engineer report on the existing underground area. Response: A response to the submitters concerns have been provided within this report and the submitter has been advised of this, and opportunity to review the report when it is included on the WDAP agenda. Council does not make deferral letters publicly available however the submitter has been advised of the content of Council’s requested amended. An engineer’s report regarding the underground area was not required for the submission of the DA, conditions of consent will require a structural engineer report prior to the issue of a Construction Certificate.

2.5 Section 79C(1)(e) – Public Interest It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

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3. REFERRALS

3.1 Heritage – Shaping Waverley The application was referred to Council’s Heritage Architect and Urban Planning Advisor, who has advised the following:

Subsequent to amendment of the application it is noted that:

The skyline profile has now been set out as a pitched roof form close to symmetrical in form and pitch thus reflecting the historic roof profiles of the Conservation Area.

The articulation of the proposed street frontage is now of proportions and detail providing a reasonable degree of cohesion with the streetscape and Conservation Area.

Recommendations:

Subject to resolution of any neighbours amenity issues no additional recommendations are made in relation to the proposed development.

The proposed development has been amended to the satisfaction of Council’s Heritage Advisor.

3.2 Stormwater – Creating Waverley The application was referred to Council’s Senior Design Team Leader who advised that:

The stormwater plans Drawing number DA-05, dated January 2015, have been checked and are considered not satisfactory with respect to the stormwater details. The drawings do not comply with the Waverley Development Control Plan 2014 and the Waverley Council Water Management Technical Manual. Water Management Plans including On-site Stormwater Detention (OSD) and its details along with checklist as set out in page 22 of Waverley Council’s Water Management Technical Manual is required.

A condition of consent will be imposed requiring compliance with Waverley Development Control Plan 2014, the Waverley Council Water Management Technical Manual including an OSD system.

3.3 Driveways – Creating Waverley The application was referred to Council’s Technical Services Engineer for review. At the time of writing this report no referral comments had been received. The site has an existing driveway crossover servicing the single garage and this may require minor changes as the new garage position is slightly shifted to the south. As such standard conditions of consent will be imposed.

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4. SUMMARY The application seeks demolition of the existing building and construction of a new two storey semi-attached dwelling with attic and single garage. The building seeks variations to the building height and floor space ratio development standards of Waverley LEP 2012. The non compliance with the building height relates to 150mm associated with a vertical element on the northern façade of the building. The main roof ridge complies with the maximum permissible height and the variation is considered acceptable as it provides articulation of the façade and responds to the detailing and form of the conservation area. The proposal exceeds the floor space ratio control by 10m2 or a 10% variation. This variation is minor and the building form has a height, bulk and scale that is consistent with the streetscape and the proposal is consistent with the objectives of the clause. The proposal is able to maintain reasonable amenity levels for adjoining properties and the variation is supported. The site is located within the Blenheim Street Conservation Area and while the building is not a heritage item it is located within the vicinity of a number of heritage items. The proposal has been assessed against the provisions of the Conservation Area controls within the DCP and reviewed by Council’s Heritage Advisor. Amended plans have been received which altered the northern and western facades of the building to provide articulation, form and detailing that is considered to be more cohesive with the conservation area. While the proposed development is of a contemporary design, the design is considered to be sympathetic to and respect the context of the conservation area and the heritage items in the vicinity of the site. The application received five submissions to the proposal during the first notification period and one submission during the re-notification (submissions received from five properties in total), with the issues raised including building height, FSR, heritage, streetscape, setbacks, privacy, views, solar access, open space, stormwater and construction impacts. A detailed response to the issues raised in the submissions is provided in Section 2.4 of this report. The proposed development is considered to be consistent with the objectives of Waverley LEP and DCP 2012. The proposal has a bulk and scale that is consistent with the character of the locality and does not adversely impact the amenity of the area. Accordingly the application is recommended for approval, subject to conditions of consent.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A: Report prepared by:

Application reviewed and agreed on behalf of the Development and Building Unit by:

Emily Dickson Senior Development Assessment Planner

Lee Kosnetter Manager, Development Assessment (South)

Date: 31 July 2015 Date: 12 August 2015

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APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) The following architectural plans prepared by ‘George Carone’ and received by Council on 17

June 2015;

Drawing No. Date

DA-01, Cover sheet/ roof, site plan, rev B 7/2/2015

DA-02, existing & proposed floor plans, Rev B 7/2/2015

DA-03, Elevations, Rev B 7/2/2015

DA-04, Sections, Rev B 7/2/2015

DA-05, Landscape & concept water management plan, Rev A

7/2/2015

(b) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the

SWRMP Checklist of Part B, Waverley DCP 2012

(c) BASIX Certificate No.606850S_02

Except where amended by the following conditions of consent. 2. GENERAL MODIFICATIONS

The proposal shall be amended as follows:

a) The horizontal louvres shown over all the windows on the northern elevation of the building are to be fixed at an angle that will minimise overlooking to the adjoining properties, located to the north of the site.

The amendments are to be approved by the Principal Certifying Authority prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. NOISE FROM BUILDING WORKS - RESTRICTED ACTIVITIES

Where there is a strong community reaction to noise associated with demolition, excavation and/or construction, Council may require respite periods by restricting the hours that the specific noisy activity can occur.

Notes: If this is imposed, Council will take into account: 1. Times identified by the community when they are less sensitive to noise

2. If the community is prepared to accept a longer period of construction in exchange for restrictions on construction times.

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4. DOMESTIC HEATERS The provision of solid fuel heating is prohibited.

5. INTRUDER ALARM

Intruder alarm/s associated with the development must operate only in accordance with the requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2008 under the Protection of the Environment Operations Act, 1997.

6. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.

7. INSTALLATION OF AIR CONDITIONING Any air conditioning unit(s) installed within the site/ building shall:

(a) Be located a minimum of 1.5 metres from a boundary.

(b) Be located behind the front building line and if visible suitably screened and located in an

appropriate location.

(c) Not be adjacent to neighbouring bedroom windows.

(d) Not reduce the structural integrity of the building.

(e) Not emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day.

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise level

measured at the property boundary at any other time outside of (e).

8. USE OF DWELLING The premises are to be used only as a single unit dwelling house.

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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

9. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has

been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section

94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the

development.

10. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $7280 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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11. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

12. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, or demolition work, must not be commenced until:

a. A Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

b. A Principal Certifying Authority has been appointed and Council has been notified of

appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

c. Council is given at least two days Notice in writing of the intention to commence the building

works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a

Construction Certificate and to be the Principle Certifying Authority. 13. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

14. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

15. HOARDING REQUIRED A standard A/B Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of

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building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

16. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

17. STORMWATER MANAGEMENT Amended stormwater plans are required that comply with the Waverley Development Control Plan 2014 and the Waverley Council Water Management Technical Manual. In this regard, an On-site Stormwater Detention (OSD) system and details along with the checklist as set out in page 22 of Waverley Council’s Water Management Technical Manual is required, to be submitted to the satisfaction of Councils Executive Manager, Creating Waverley, prior to the issues of the Construction Certificate. Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

18. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate. This is to include the existing underground storage area.

19. EXISTING PARTY WALL IS TO BE EXTENDED The existing separating wall is to be extended to the underside of the roof in accordance with the requirements of the National Construction Code. The plans are to be notated accordingly prior to the issue of the Construction Certificate to the satisfaction of the Principal Certifying Authority. All work to the separating wall must be contained within the boundaries of the subject site only. However, in the case of an agreement between neighbours for work affecting both sides of a separating wall, written consent of all owners of all properties upon which work will take place must be obtained. The consent must clearly stipulate if approval is granted for works to the separating wall OR if approval is granted for vertical or lateral support use of the separating wall. It is the

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responsibility of the applicant to determine the relevance of any cross easements affecting the separating wall. Where it is not possible to obtain the adjoining owners’ consent, it must then be demonstrated that the works are to be supported independently of the separating wall and do not rely on the separating wall for lateral or vertical support. Detailed plans must be accompanied by a certificate from a qualified and practising Structural Engineer. It is not sufficient for a Structural Engineer to state that the works will impose no additional load on the separating wall. These details are to be supplied to the Principal Certifying Authority prior to the issue of a Construction Certificate. Separating wall consent does not prevent you and your neighbour entering into any private agreement. For example, to make good any damage from the works. This is a civil matter between neighbours.

20. VEHICULAR ACCESS Vehicular access and gradients of vehicle access driveway(s) within the site are to be in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking with details provided on the plans prior to the issue of the Construction Certificate.

21. EXTERNAL FINISHES A schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Materials and finishes are to be restricted to the range of heritage colours sympathetic to the historical character of the area. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

22. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

23. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

24. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

a. the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

b. the name and permit number of the owner/builder who intends to do the work; and c. any change to these arrangements for doing of the work.

25. HOME BUILDING ACT

The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

26. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

27. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

28. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven 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 to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

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29. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a

sort of danger to persons using the public place; and

(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

30. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

31. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'. These properties must include (but are not limited to) 4 Isabella Street, and any others identified to be in the zone of influence in the Dilapidation Survey. The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work. Please note the following: (a) The dilapidation report will be made available to affected property owners on request and may

be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the

development. (c) Council will not be held responsible for any damage which may be caused to adjoining buildings

as a consequence of the development being carried out.

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(d) Council will not become directly involved in disputes between the Developer, its contractors and

the owners of neighbouring buildings. (e) In the event that access for undertaking the dilapidation survey is denied the applicant is to

demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally.

32. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any

building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of

Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

33. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of: (a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.

34. ASBESTOS REMOVAL

All demolition works involving the removal and disposal of asbestos must only be undertaken by contractors who hold a current WorkCover NSW Friable Class A Asbestos Removal Licence or where applicable a Non-friable Class B (bonded) Asbestos Removal Licence. Removal must be carried out in accordance with the "Code of Practice on how to safely remove asbestos" published by WorkCover NSW (catalogue no.WC03561) and Waverley's Asbestos Policy.

35. PROHIBITION OF ASBESTOS RE-USE

No asbestos products are to be reused on site.

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36. ASBESTOS REMOVAL SIGNAGE

Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works.

37. SKIPS AND BINS

No asbestos laden skips or bins are to be left in any public place without the approval of Council.

38. NOTIFICATION OF ASBESTOS REMOVAL

All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone and email address.

39. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

40. STRUCTURAL STABILITY OF ADJOINING SEMI-DETACHED DWELLING'S ROOF Adequate measures are to be undertaken to ensure structural stability and water proofing of the existing roof over the adjoining semi-detached dwelling having particular regard to the following: (a) adequate measures are undertaken to secure the existing rafters and ridge to the brickwork of

the party wall; and (b) adequate measures are undertaken to ensure that the roof where it abuts the extended party

wall is water proofed.

41. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

42. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the NSW Environment Protection Authority (EPA) Managing Urban Stormwater: Soils and Construction. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

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43. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath, roadway or neighbouring property and shall be protected with adequate sediment controls.

44. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

45. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

46. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip or road reserve without prior Council approval.

47. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays;

Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000.

48. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

49. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.

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MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being issued

in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and

columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

50. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed new dwelling including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

51. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

52. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

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53. HOT TAP WATER SCALDING

To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

54. SMOKE ALARM SYSTEM A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.

55. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

56. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

57. EXISTING VEHICLE CROSSING IS TO BE MODIFIED The existing vehicle crossing is to be modified to provide access to the proposed single garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council.

58. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete vehicle crossing.

59. VEHICLE TO BE PARKED WITHIN THE SITE

Any vehicle utilising the car space is to be parked fully within the confines of the site and is not to park over the public footway at any time.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

60. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

61. LIGHTING

Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

62. LANDSCAPE PLAN The site is to be landscaped in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.

63. STREET NUMBER/S

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street.

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2 Isabella St DA.dgn 16/06/2015 2:51:17 PM

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2 Isabella St DA.dgn 16/06/2015 2:51:35 PM

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2 Isabella St DA.dgn 16/06/2015 2:52:00 PM

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2 Isabella St DA.dgn 16/06/2015 2:52:34 PM

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2 Isabella St DA.dgn 6/02/2015 4:07:46 PM

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2 Isabella St DA.dgn 16/06/2015 2:53:09 PM

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