blue mountains local planning panel item no: 2.1 – 15

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.1 – 15 OCTOBER 2018

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ITEM No. 2.1

REPORT: DEVELOPMENT APPLICATION No. X/564/2018 for alterations and additions to the dwelling, a deck and landscaping works at 9 Gregory Terrace, Lapstone NSW 2773

Reason for report The proposal contravenes standard/s imposed by an environmental planning instrument by more than 25%.

RECOMMENDATION That the Development Application X/564/2018 for alterations and additions to the dwelling, a deck and landscaping works on 9 Gregory Terrace, Lapstone be determined in accordance with s4.16 of the Environmental Planning and Assessment Act, by the granting of consent subject to the conditions stated in Part 3 of this report.

Reason/s in support of the recommended decision

1. The proposed development generally complies with the relevant State and local planning instruments and policies. The proposed development has demonstrated that there are sufficient environmental planning grounds to justify non-compliance with the development standard/s in relation to the maximum building height and that it is unnecessary and unreasonable to require compliance in this case as the proposed development will be consistent with the objectives of the development standards and the zone objectives.

2. The proposed development generally complies with the relevant State and local planning instruments and policies except for a minor variation to the front building setback in Blue Mountains Development Control Plan 2015.

3. The development is not out of character in the locality and will not have a significant impact on the streetscape or adjoining properties.

4. Adjoining property owners were notified of the proposed development in accordance with Council’s policy and no submissions were received.

Disclosure Disclosure of any political donation and/or gift - No

Declaration of interest The applicant has not declared a conflict of interest.

Report author/s Principal Environmental Health & Building Surveyor - Rochelle Mackay

Executive Principal Building and Construction – Paul Weston

Manager, Building & Compliance – Brian Crane

Report authoriser Director, Development & Customer Services – William Langevad

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM 2.1- 15 OCTOBER 2018

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PART 1 Development proposal

PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.1– 15 OCTOBER 2018

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PART 1: Development proposal

Applicant Glenstone Group Pty Ltd

Land owner Mr K P Hogan and Mrs K M Hogan

Location 9 Gregory Terrace, LAPSTONE NSW 2773

Lot & DP Lot 118 DP 29166

Date lodged 20 June 2018

Value of works $166,800

Proposal in detail The development proposal seeks approval for:

o Ground floor – Demolition of walls and rear deck, alterations and additions to incorporate a laundry, rumpus room, guest bedroom, ensuite, study and deck.

o First floor – Demolition of walls, patio and rear deck, alterations and additions to incorporate a dining room, lounge room, kitchen and stairway, a shower and walk in robe to Bedroom 1, and an alfresco area.

o Landscaping, including a ramp to the front entry and retaining walls.

Departure or variation to a development standard

The applicant has lodged a request to vary the development standard clause 4.3 Height of buildings

Supporting documentation

The plans and documents lodged are considered sufficient to enable assessment of the application. The application is supported by:

o Architectural plans prepared by Sharon Jones Accomplished Design, Job No. 381, Sheets 1-2/2 dated 21/8/2018

o Landscape plan prepared by Bio Engineered Solutions Pty Ltd, Plan No. 1733LAN1 dated 2/6/2017

o Concept stormwater drainage plan prepared by Sharon Jones Accomplished Design, Job No. 381 dated July 2018

o External colour schedule

o Statement of environmental effects prepared by Stimson and Baker Planning dated June 2018

o Bushfire risk assessment report (self-assessment)

o Clause 4.6 Variation Request prepared by Stimson and Baker Planning, amended 24/8/2018


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Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/564/2018.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Site plan


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Elevation plan


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PART 2: Council assessment 2.1 Overview and summary of issues

Location 9 Gregory Terrace, LAPSTONE NSW 2773

Lot & DP Lot 118 DP 29166

Zoning Environmental Living (E4)

Characterisation of use The proposed development is categorised as a dwelling house.

Permissibility The proposed development is permissible within the zone.

Type of development Local

Applicable environmental planning instrument/s

o State Environmental Planning Policy (Building Sustainability Index: BASIX)

o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean River

o Local Environmental Plan 2015

o Development Control Plan 2015

Applicable additional local provisions

o Protected area – slope constraint area

o Protected area – escarpment

Bushfire prone land The property is mapped as bushfire prone.

Heritage significance The property is not listed as a heritage item nor is it within a heritage conservation area.

Aboriginal significance No Aboriginal objects are recorded or Aboriginal places declared in or near the subject property.

Potentially contaminated land

The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.

Site description The subject land (Lot 118 DP 29166) is an irregular shaped allotment located on the eastern side of Gregory Terrace Lapstone and has a total area of approximately 784 m2. The site contains an existing two storey brick dwelling with rear decks on both storeys that was constructed in the 1990’s. The land falls from the street in a south-easterly direction. The land to the south of the subject property is a public reserve and the existing dwelling to the north of the subject property, No. 7 Gregory Terrace, is single storey.


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City wide infrastructure contribution

The Citywide infrastructure contribution applies. This contribution is included as a condition of consent.

Referral authorities Referrals were not required.

Notification period The application was notified to adjoining and nearby owners for the period from 19 July 2018 to 2 August 2018.

Number of submissions No submissions were received.


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2.2 Evaluation The application has been assessed in accordance with s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been addressed.

State and Regional Environmental Planning Policy (SEPP’s and REP’s) – s4.15(1)(a)(i)

The following table provides for an assessment against the provisions applicable State Environmental Planning Policies.

SEPP (Building Sustainability Index: BASIX)

A BASIX Certificate has been submitted with the application – Certificate Number A282481 dated 18 June 2018.

Condition of consent A condition has been included for compliance with the commitments indicated in the certificate.

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River

Standard Discussion Compliance Y/N

Impact of development on drinking water sub catchment

The land is located in the Glenbrook Erskine Creeks sub-catchment. Clause 11 of SREP 20 outlines the development controls and matters for consideration by the consent authority when assessing development in the Glenbrook and Erskine Creeks sub-catchment.

The matters for consideration are:

“11(3) The need to prevent adverse impacts on the near pristine conditions of these sub-catchments.”

The proposed development will be connected to the reticulated sewerage system. The development proposes to remove four trees in the rear yard. Sedimentation control measures will be conditioned in the development consent to prevent soil from leaving the subject property. It is considered that the development will not have an adverse impact upon the condition of the Glenbrook and Erskine Creek sub-catchment.

Y

Local Environmental Plan 2015 [LEP2015] – s4.15(1)(a)(i)

The proposed development has been assessed against the provisions of LEP 2015 with significant points identified and discussed below.

Part 1 Preliminary


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Clause Standard Discussion Compliance Y/N

1.2 Aims of Plan The proposed development is considered to satisfy the aims of the plan that are relevant to the proposed development.

Y

1.9A Suspension of covenants, agreements and instruments

A private covenant applies to the land requiring dwelling to have walls of stone, brick, wood or fibro-cement and a tiled roof. The development proposes a metal roof which does not meet the covenant. Clause 1.9A does not require Council to enforce the covenant and restrict the development.

Y

Part 2 Permitted or prohibited development


Land Use Table

Permissibility The proposed use is categorised as dwelling house.

Dwelling house is defined in the Dictionary to the LEP as meaning “a building containing only one dwelling”.

A dwelling house is permissible with development consent in the zone.

Y

2.3 Zone objectives The objectives of the zone are met, in particular:

• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

• To ensure that residential development does not have an adverse effect on those values.

• To ensure that the form and siting of buildings are appropriate for, and harmonise with, the bushland character of the locality.

Y

Part 4 Principal development standards

Building

4.3 Height of buildings The Height of Buildings Map shows a maximum height of 5.5 metres.

The ridge height of the proposed rear deck is RL 143.28. The existing ground level below the ridge has been interpolated from the plans as RL 134.36. The maximum height of the proposed development

N


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Part 4 Principal development standards is 8.92 metres.

4.3A Exceptions to the maximum floor space ratio and building height

Clause 4.3A(3) permits Council to consider development in Protected area – escarpment that exceeds the maximum height shown by the Height of Buildings Map if it is satisfied that the building will meet the following criteria:

a) “will not protrude above the existing tree canopy of vegetation adjacent to the building, and

b) will not protrude above adjacent buildings, and

c) incorporates a design that responds to the topography of the site and does not result in a visually prominent built form, and

d) does not visually break the level of the skyline by protruding above the ridgeline within or behind the site, and

e) incorporates external surfaces that help blend structures into the natural environment, and

f) has a height of no more than 8 metres.

The proposed development will protrude above the adjacent dwelling at 7 Gregory Terrace and will exceed 8 metres. The proposed development therefore cannot be considered under the exception in Clause 4.3A.

N

4.4A Site coverage and landscaped area

A maximum site coverage of approximately 235.2 m2 and a minimum pervious area of approximately 470.4 m2 is required.

The proposed development has a site coverage of approximately 174.5 m2 and a pervious area of approximately 505.5 m2.

Y

Exceptions to development standards (cl.4.6)

Exception requested The applicant has requested a variation to the development standard to permit the development to exceed the height of 5.5 metres as shown in the Height of Buildings Map.

Exclusions The development standard is not one of those excluded under 4.6(6) or 4.6(8).

Area of non-compliance Clause 4.3 Height of buildings.

Nature and extent of non-compliance

The proposed development has a maximum height of 8.92 metres which exceeds the development standard by 3.42 metres and is a 62.2% variation.

Objectives of the The objectives of the development standard are:


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Part 4 Principal development standards standard a) “to ensure that the bulk of development is not excessive and relates well

to the local context,

b) to protect privacy and the use of private open space in new development or on adjoining land,

c) to nominate heights that will provide a transition in built form and land use intensity,

d) to ensure an appropriate height transition between new buildings and heritage items.”

Justification The Clause 4.6 variation submitted by Stimson and Baker Planning states that the proposed development meets the intent of Clause 4.3 and complies with the objectives of the development standard and the Environmental Living zone as:

• “The proposal is compatible with the height, bulk and scale of the existing character of development in the locality and with surrounding development located within this undulating area.

• The breach in building height will not create any unacceptable impacts on nearby or adjoining properties.

• The proposed does not impact on the visual amenity, reduce views or minimise loss of privacy or solar access.

• The proposal will provide for a more contemporary urban form with a more functional floor plan for its residents.

• The building appropriately responds to the topography of the site, without creating any significant additional site coverage or concerns.

• It is unreasonable to apply the height limit across the site in this case because of the topography of the land, and the fact there is an existing dwelling on the site of a similar building envelope.

• The proposed development meets the objectives of the zone and the height of building clause and contributes to the provision of necessary land uses within the Blue Mountains LGA.”

It is acknowledged that the existing rear covered deck has a height of approximately 8.6 metres and therefore the existing dwelling currently exceeds the development standard.

The non-compliances with the height development standard in the proposed development occur at the southern addition (ensuite and walk in robe) and the rear alfresco area. The largest non-compliance with the height development standard occurs at the rear alfresco area with a height of 8.92 metres, calculated by using the ridge level and interpolating the ground level directly below (RL 134.36).

The proposed rear alfresco area will be approximately 320 mm higher above ground level than the existing structure and will not be visible from the street or impact upon the streetscape. The ridge line of the proposed roof will be at the same height as the ridge line of the existing roof. The proposed rear alfresco area incorporates screening on the side elevations to protect the privacy and


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Part 4 Principal development standards amenity of the adjoining property. The rear alfresco will effectively extend the existing deck by 1.85m towards the rear however given the existing vegetation and separation distances it is considered that there will be minimal impacts on the properties to the rear. The proposed alfresco area will not have any impact upon overshadowing of adjoining property.

The proposed southern addition will be visible from the street. The proposed addition is located approximately 1.2 metre behind the front wall of the dwelling and the ridge line is below that of the adjoining existing ridge line. The form of the proposed roofline will make the addition appear cohesive with the design of the existing building and site responsive. The non-compliance with the height development standard is unlikely to have significant impact upon the streetscape because the ground floor of the dwelling is below street level and the proposed addition is setback further from the front boundary of the property.

Strict compliance with the development standard in this instance is considered unreasonable and unnecessary in the circumstances.

The Clause 4.6 variation request has stated that there are a number of positive environmental planning grounds that arise as a result of this development, and specifically the non-compliance with the height standard, such as:

• “The existing dwelling house is able to be altered to meet the modern day needs of the owners.

• The site is able to continue accommodating the dwelling house.

• No unacceptable impacts would arise as a result of the proposal, or the breach, on adjoining or nearby properties.

• No significant additional disturbance of the site is required to accommodate the proposed development.

• Existing vegetation on and around the site will not be significantly impacted by the development utilising the footprint proposed as part of this application.”

Protected Area – slope constraint area is noted over approximately 92% of the land and the proposed additions are located within the protected area. The design and construction methods for the proposed additions minimises site disturbance. There are no trees required to be removed to permit the construction of the proposed addition.

The proposed landscaping at the rear of the property does include excavation and filling, and four trees are identified for removal in the landscape plan. However, this is not considered to have any bearing on the consideration of the non-compliance with the height development standard.

It is considered that the objectives of the development standard are met as the form and scale of the proposed development does not result in excessive bulk. The proposed design has incorporated measures to protect privacy of adjoining


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Part 4 Principal development standards land and has responded to the landform.

Other considerations It is considered that the non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning.

Public benefit Although there is some public benefit in maintaining the planning control adopted by the environmental planning instrument, it is considered that given the circumstances of this particular development, that full compliance with the development standard would be unreasonable and unnecessary in the circumstances.

Supported Yes

Part 5 Miscellaneous provisions


5.10(8) Aboriginal places of heritage significance

A search of the AHIMS register on the OEH website shows no aboriginal sites or places on or within 50 metres of the land.

Y

Part 6 Additional local provisions


Impact on natural environment

6.1 Impact on environmentally sensitive land

Approximately 92% of the subject property is Protected Area – slope constraint area. The existing landform has already been significantly altered to create the existing dwelling, vehicular access and rear private open spaces. There are no significant environmental features on the subject property or on adjoining property. The proposed development is unlikely to have a significant impact upon environmentally sensitive land.

Y

6.4 Protected Area – slope constraint area

The proposed addition and landscaping are located within the Protected Area. The construction methods for the proposed additions are not expected to have a significant impact upon the land. The rear of the property has been significantly modified and the proposed western retaining wall is considered a re-alignment of an existing retaining wall. Four trees in the rear yard that will be affected by the proposed landscaping and realignment of

Y


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the retaining walls have been identified for removal. The landscape plan proposes significant planting in the rear yard. The proposed landscaping and retaining walls will allow personnel access around the dwelling and a level area as defendable space for bushfire fighting, in addition to private open space for the property. It is considered that the proposed development meets the objectives of the clause.

6.9 Stormwater management The proposed development includes a 4,000 litre water tank with the overflow from the tank connected to the existing stormwater disposal system. The proposed development includes an additional 44m2 of impervious areas and the proposed stormwater management is considered to meet the objectives of the clause.

Y

6.12 Protected area – escarpment

The removal of four trees at the rear of the property will not impact upon the scenic value of the escarpment system. The ridge line of the existing dwelling will be continued in the proposed addition and its design is considered to respond to the landform. No part of the proposed addition will protrude above the vegetation canopy in the area and it will not disrupt the skyline. The colours of the proposed development are considered appropriate for the escarpment area and compatible with development in the area.

The southern addition is proposed to be a lighter colour than the remainder of the dwelling. It is considered that the colour proposed on the rendered brickwork will better blend into the natural environment. A condition is proposed to be added to the development consent requiring the clad walls to be the same colour as the rendered walls.

Little glare or reflection is expected from the proposed doors in the first floor rear elevation as they are shaded by the alfresco roof.

It is considered that the proposed development meets the objectives of the clause.

Y

6.14 Earthworks Earthworks are required to construct the proposed landscaping at the rear of the property. The landform of the property has been previously modified to incorporate retaining walls to create

Y


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private open space. The proposed private open space is located within the footprint of the existing open space. The proposed landscaping includes a re-alignment of the existing western retaining wall to permit personnel access around the proposed dwelling for bushfire fighting and maintenance purposes. The greatest height of the proposed retaining wall is approximately 1.4 metres which will occur near the south-eastern corner of the dwelling and require filling. As this area is already modified, the proposed extent of cut and fill is not considered unreasonable. The proposed earthworks are unlikely to have any impact upon adjoining property or environmental functions. It is considered that the proposed development meets the objectives of the clause.

Impact on built environment

6.17 Consideration of character and landscape

The scale and form of the proposed additions are considered to be suitably articulated to be compatible with the existing dwelling and the locality. The materials of the proposed rear addition match the existing brick dwelling, and the existing and proposed brickwork is to be rendered and painted. The southern addition is proposed to be clad with lightweight material and painted a lighter colour than the rendered brickwork. Whilst the use of lightweight cladding on the southern addition is practical given the proposed construction, the continuation of the proposed render colour rather than lighter colour would reduce any visual impact in the streetscape and better achieve the objectives of Protected Area – Escarpment area. A condition requiring the wall cladding to be the same colour as the render is to be included in any development consent.

Y

6.21 Sustainable resource management

A BASIX Certificate has been submitted with the application – Certificate Number A282481 dated 18 June 2018.

Y

Development Control Plan 2015 – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Blue Mountains Development Control Plan 2015 with significant points of consideration identified and discussed in the table below.


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Part B Context, site analysis and design


B2 Building envelope Part B2.3.1 requires buildings to have a front building setback that is within 20% of the average setback of building on immediately adjoining properties. The adjoining property, No. 7 Gregory Terrace, has a front building setback of 9 metres. DCP 2015 therefore permits a minimum front boundary setback of 7.2 metres. The proposed additions to the dwelling are setback 7 metres from the front boundary. Part B2.3.4 does permit consideration of minor non-compliances with the front building setback if it meets certain criteria, and they are listed below with comment:

a) The failure to comply enables the development to better achieve the zone objectives and other provisions applicable to the land.

Comment: The form and siting of the proposed development is similar to that of the existing dwelling and the bulk and scale of the proposed addition will be compatible with the existing dwelling. The subject allotment is also subject to Protected Area - slope constraint area and Protected Area - escarpment area. Whilst the proposed front addition is located within both protected areas, the land has already been modified and the proposed addition is not expected to adversely impact upon the environmental values of the land or create significant site disturbance. The escarpment is primarily to the rear of the property and therefore the front building setback variation is unlikely to impact upon escarpment values. The proposed front building setback is considered to meet the objectives of the Environmental Living zone and the Protected Areas.

b) Any decrease in setback will improve the protection of environmentally sensitive land by the relocation of buildings within the site.

Comment: The proposed development is an addition to a dwelling. The variation to the proposed building line to permit the construction of the front addition is unlikely to impact upon the environmental values.

Y


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Part B Context, site analysis and design


c) The proposed development incorporates a design that minimises bulk when viewed from a road.

Comment: The proposed front addition is similar in bulk and scale to the existing dwelling. The portion of the proposal that is non-compliant with the building setback is a stairwell and it is proposed to have numerous windows within the front wall. It is expected that this will provide greater visual interest in the streetscape than the current dwelling.

It is considered that the proposed development meets the criteria of Part B2.3.4 and the minor non-compliance with the front building setback can be supported.

B3 Character and design Part B3.2.2 requires cut and fill to be minimised as far as possible and is generally limited to a maximum of one (1) metre in height and depth. The proposed retaining walls in the landscaping will require cut and fill, with the greatest height of the retaining wall requiring approximately 1.4 metres of fill. The proposed retaining wall is within a portion of the property that has already been modified and is a re-alignment of the existing western retaining wall. No adverse impact is expected upon adjoining property or the environment as a result of the increased depth of cut and fill.

Y

Part C Environmental management


C3 Landscaping The proposed development includes landscaping of the property. The majority of that landscaping is proposed within the rear of the property. The proposed landscaping does not include any weed species listed in DCP 2015 and is considered to meet the DCP objectives.

Y

C4 Bushfire The subject property is bushfire prone. An assessment under Planning for Bush Fire Protection has determined that the southern addition will need to meet BAL 12.5 construction in

Y


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Part C Environmental management


accordance with Australian Standard (AS) 3959-2009 and the rest of the proposed additions will be required to comply with BAL 19 construction in AS3959-2009. The entire property will need to be managed as an asset protection zone. Conditions will be included in the development consent to address bushfire protection.

Part D Heritage management


D1 Heritage A search of the AHIMS register on the OEH website shows no aboriginal sites or places on or within 50 m of the land.

Y

Part F Specific development types


Low Density Residential

F1.1.2 Visual privacy The proposed addition incorporates screening on the side elevations of the rear alfresco area to protect the visual privacy of residents of buildings on the adjoining allotments.

Y

F1.1.6 Driveways and parking Vehicular access to the property will be obtained using the existing driveway. The proposed development may require the width of the driveway to be slightly reduced to facilitate the proposed ramp and adjacent landscaping. It is considered that practicable vehicular access will still be available to the property.

Y

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.

Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.


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Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment

Discussion

Vegetation removal and management

Four trees are proposed to be removed from the rear of the property to facilitate the proposed landscaping and retaining walls. Significant landscaping is proposed and the removal of the trees is unlikely to have an adverse environmental impact.

Bushfire protection The subject property is bushfire prone. An assessment under Planning for Bush Fire Protection has determined that the southern addition will need to meet BAL 12.5 construction standards and the remainder of the proposed additions will be required to comply with BAL 19 construction. The entire property will need to be managed as an asset protection zone. Conditions will be included in the development consent to address bushfire protection.

Character and amenity The proposed development is unlikely to have any adverse impact upon the character and amenity of the area.

It is considered that the development does not have an adverse impact on the natural or built environment.

Likely social and economic impacts

The proposed development is additions and alterations to an existing dwelling in an established residential area. It is considered that the development does not have adverse social or economic impacts.

Suitability of the site for the development – s4.15(1)(c)

Discussion The proposed development is additions and alterations to the existing dwelling and landscaping. The proposed development will occur within the existing building footprint and modified land. It is considered that the site is suitable for the development.

Submissions – s4.15(1)(d)

Notification

Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and Assessment Regulations 2000. The application was notified to the adjoining and nearby properties.

No submissions were received.

Public interest – s4.15(1)(e)

Discussion No issues have arisen during the assessment that would indicate the proposed development is not in the public interest


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Community contribution

Discussion The Citywide Infrastructure Contributions Plan 2017 applies to the site. In accordance with Section 3.1 of the Plan, the rate of the levy for the stated development value of $166,800 is $834.00.


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PART 3 Proposed conditions of consent

Confirmation of relevant plans and documentation

1. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:

Document Prepared by: Drawing No Issue Date

Floor Plans Sharon Jones Accomplished Design

Job No. 381, Sheet 1-2

21/8/2018

Site Plan, Elevations and Section

Sharon Jones Accomplished Design

Job No. 381, Sheet 2-2

21/8/2018

Stormwater Concept Plan Sharon Jones Accomplished Design

Job No. 381 July 2018

Concept Landscape Plan Bio Engineered Solutions Pty Ltd 1733LAN1 A 2/6/17

Sydney Water building plan approval

Prior to works commencing

2. A building plan approval must be obtained from Sydney Water Tap inTM to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval receipt from Sydney Water Tap inTM must be submitted to the Principal Certifying Authority prior to works commencing.

Please refer to the web site www.sydneywater.com.au - Plumbing, building & developing - Sydney Water Tap inTM, or telephone 13 20 92.

City-wide Local Infrastructure Contribution

3. In accordance with the Blue Mountains City Council City-wide Local Infrastructure Contributions Plan adopted 27 June 2017 (“the Contributions Plan”), a contribution of $834.00 shall be paid to Council.

This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan.

The contribution shall be paid prior to the issue of a construction certificate, or commencement of the use of the land, whichever occurs sooner.

The Contributions Plan is available for inspection at Council’s offices or on Council’s website at www.bmcc.nsw.gov.au.

*Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.

Construction certificate 4. A construction certificate is required prior to the commencement of any building works. This certificate can be issued either by Council as a certifying authority or by an accredited certifier.

Notification of Home 5. Prior to commencement of building works, the Principal Certifying Authority is to

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


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Building Act 1989 requirements

provide Council with written notice of:

• In the case of work for which a principal contractor is required to be appointed:

o The name and licence number of the principal contractor, and

o The name of the insurer by which the work is insured under Part 6 of the Home Building Act 1989.

• In the case of work to be done by an owner-builder:

o The name of the owner-builder, and

o If the owner-builder is required to hold an owner-builder permit under the Act, the number of the owner-builder permit.

Insurance under the Home Building Act 1989 or owner-builder permit

6. Prior to the commencement of any building works authorised by this consent, you must provide to the Principal Certifying Authority:

a) A copy of the contract of insurance complying with the Home Building Act 1989. Information on this insurance scheme can be obtained from NSW Fair Trading. Or,

b) A copy of the owner-builder permit.

Building Code of Australia 7. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

BASIX 8. Under clause 97A(2) of the Environmental Planning & Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in the BASIX Certificate for the development are fulfilled.

In this condition:

1. Relevant BASIX Certificate means:

a) A BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, a BASIX Certificate that is applicable to the development when this development consent is modified); or

b) If a replacement BASIX Certificate accompanies any subsequent application for a Construction Certificate, the replacement BASIX Certificate; and

2. BASIX Certificate has the meaning given to that term in the Environmental Planning & Assessment Regulation 2000.

Signage 9. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected in a prominent position on the site prior to building, subdivision or demolition works commencing:

• The name, address and telephone number of the principal certifying authority for the work.

• The name of the principal contractor for any building work and a telephone


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

• The statement that “Unauthorised entry to the site is prohibited”.

Site management 10. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period:

• Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the agreement of Council.

• Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.

• Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block, with pollutants contained on site.

• Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site.

• All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.

Workers amenities 11. Before work starts, toilet facilities must be provided for construction personnel on the site. Amenities are to be installed and operated in an environmentally responsible and sanitary manner.

Erosion & sediment controls 12. To preserve the unique environment of the Blue Mountains and to contain soil and sediment on the property, controls in accordance with the Development Control Plan are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include:

• The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turf, paving or revegetation.

Stormwater drainage 13. To control rainwater runoff, roof water shall be connected to stormwater drainage lines discharging to:

a) rainwater tank/s with a total capacity of 4,000 litres.

The overflow from the tank is to be conveyed to:

a) the existing stormwater system.


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It is recommended that the drainage system be installed at the same time as the footings/slab. It must be operational as soon as the roof is clad.

Materials & colours 14. To have regard of the amenity of the area, the materials and colours to be used are:

a) External walls: Rendered brickwork, “Grand Piano Half” or similar

Wall cladding, “Grand Piano Half” or similar

b) Roof: Colorbond, “Woodland Grey” or similar

Any variation to the above materials/colours will require the prior agreement of Council.

Cut and fill 15. To ensure proper regard is given to the existing land form, the extent of cut/excavation and filling is limited to that shown on the approved plans.

Alterations and/or brick veneering of buildings containing asbestos cement

16. Prior to the commencement of work associated with:

a) The brick veneering or re-cladding of any wall that is presently clad with asbestos cement sheeting, or

b) The alteration and/or addition of any part of a building containing asbestos cement sheeting,

all asbestos cement sheeting located in the affected part of the building shall be removed in accordance with the relevant provisions of the Work Health and Safety Act 2011 and Regulations and AS 2601 The demolition of structures.

Asbestos and other hazardous materials

17. If any asbestos or other hazardous material is discovered during site or demolition works, compliance with the following is required:

• Work Health and Safety Act 2011 • Work Health and Safety Regulation 2017 • AS 2601 The demolition of structures

• SafeWork NSW

• Protection of the Environment Operations (Waste) Regulation 2014

All asbestos or other hazardous material is to be disposed of to an approved waste management facility licensed to receive the waste.

Display of signage 18. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

Demolition management 19. The work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the SafeWork NSW and AS 2601 The demolition of structures.

At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that:


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• The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary.

• Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes. Severe weather changes refer primarily to the localised high winds. In these circumstances loose debris can become airborne, particularly if it is in sheet form.

• The site shall be secured at all times against the unauthorised entry of persons or vehicles.

• Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.

Removal of material 20. All demolished material and excess spoil from the site must be disposed of to an approved Waste Management Facility. No material is to be burnt on site.

Adjoining buildings 21. In consideration of the proximity of the site’s adjoining buildings:

• Safe access and egress from adjoining buildings is to be maintained at all times for the duration of the demolition work.

• No demolition activity is to cause damage to or adversely affect the structural integrity of adjoining buildings. Where necessary, shoring and underpinning shall be undertaken to prevent damage to adjoining buildings.

• The effect of vibration and concussion on adjoining buildings and their occupants is to be minimised by selection of appropriate demolition methods and equipment.

Dust control 22. The techniques adopted for stripping out and for demolition are to minimise the release of dust into the atmosphere.

• Before commencing work, any existing accumulations of dust are to be collected, placed in suitable containers and removed. Selection of appropriate collection techniques, such as vacuuming or hosing down, shall take account of the nature of the dust and the type of hazard it presents (eg., explosive, respiratory etc).

• Dust generated during stripping or during the breaking down of the building fabric to removable sized pieces shall be kept damp until it is removed from the site or can be otherwise contained. The use of excess water for this purpose is to be avoided.

• Any asbestos contaminated dust must be removed by a contractor with a Class A asbestos removal license in accordance with NSW Work Health & Safety Regulation 2017 and the SafeWork NSW Code of Practice How to Safely Remove Asbestos

Note: In certain environments and under certain stimuli, deposits of combustible dust on beams, machinery and other surfaces may be subject to flash fires, and


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suspensions of combustible dusts in the air can cause them to explode violently (see National Fire Protection Association (NFPA) Handbook).

Asset Protection Zone 23. The entire property shall be managed as an ‘Inner Protection Area’ as outlined within Section 4.1.3 and Appendix 5 in Planning for Bush Fire Protection (PBP) 2006 as well as the RFS Standards for Asset Protection Zones (see www.rfs.nsw.gov.au).

The Inner Protection Area (IPA) shall comprise the following:

• Minimal fine fuel at ground level.

• Vegetation that does not provide a continuous path to the building for the transfer of fire.

• Shrubs and trees that do not form a continuous canopy.

• Vegetation that is cleared into clumps rather than continuous rows.

• Species that retain dead material or deposit excessive quantities of ground fuel are to be avoided.

• Shrubs and trees are pruned or removed so they do not touch or overhang the building (minimum 2m), and

• Vegetation is located far away enough from the building so that plants will not ignite the building by direct flame contact or radiant heat emission.

NOTE:

• Total clearance of all vegetation is not acceptable. Vegetation management undertaken to establish the required Asset Protection zone shall be minimised while still complying with PBP guidelines.

• Burning of vegetative waste generated by the provision and maintenance of the asset protection zone is unacceptable. Waste should be mulched and re-used on the site in landscaping no closer than 3 metres to the dwelling, or cut and dried for use as firewood. Surplus material must be appropriately disposed of at a Council waste management facility.

This work is to be completed prior to the issue of any occupation certificate.

The Asset Protection Zone is to be maintained on a permanent basis.

Design and construction BAL 12.5 – Southern addition

24. New construction of the southern addition (which incorporates the walk in robe) shall comply with Sections 3 and 5 (BAL 12.5) AS3959 Construction of buildings in bushfire-prone areas and section A3.7 Addendum Appendix 3 of Planning For Bush Fire Protection 2006 or NASH Standard (1.7.14 updated) National Standard Steel Framed Construction in Bushfire Areas – 2014 as appropriate.

Design and construction BAL 19

25. New construction of the proposed additions and alterations (excluding the southern addition) shall comply with Sections 3 and 6 (BAL 19) AS3959 Construction of buildings in bushfire-prone areas and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006 or NASH Standard (1.7.14 updated) National Standard Steel Framed Construction in Bushfire Areas – 2014 as appropriate.


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Note: Addendum Appendix 3 of Planning for Bush Fire Protection requires decks, verandahs, landings and steps to be constructed in accordance with BAL 29 in AS3959-2009.

Landscaping 26. Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. This means that:

• Suitable impervious areas are provided immediately surrounding the building such as courtyards, paths and driveways.

• Grassed areas, mowed lawns or ground cover plantings are provided in close proximity to the building.

• Planting of trees and shrubs are restricted in the immediate vicinity of the building which over time, if not properly maintained, can come in contact with or overhang the building.

• Retained or planted trees and shrubs do not form a continuous stand from the hazard to the asset and will not over time compromise the asset protection zone.

• Plant species that are of low flammability (low volatile oil levels, high moisture content in leaves and low levels of retained dead material etc) are selected or retained for use within the asset protection zone.

Limit of vegetation removal 27. No vegetation shall be damaged, destroyed or lopped without the written consent of Council, apart from that described in this consent or identified on approved plans as vegetation to be removed or felled.

blue mountains local planning panel item no: 2.1 – 15

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